PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION
(Delaware Administrative Procedures Act, 29 Del. C. Section 10142)
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY] COUNTY
C.A. No.: _________________
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
- Prayer for Relief
- Verification
- Signature Block
1. DOCUMENT HEADER
1.1 Effective Date. This Petition for Judicial Review (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to the Delaware Administrative Procedures Act, 29 Del. C. Section 10142.
(c) Petitioner additionally seeks declaratory and injunctive relief pending final determination.
2. DEFINITIONS
"Administrative Record" - the complete record of the underlying agency proceeding.
"Agency" - [RESPONDENT STATE AGENCY FULL FORMAL NAME] and its officers, employees, agents, subdivisions, boards, and successors.
"Decision" - the final administrative decision issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Petitioner" - [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under 29 Del. C. Section 10142.
3.2 Venue. Venue is proper in this Court in [County] County.
3.3 Governing Law. This Petition is governed by the Delaware Constitution and the Delaware Administrative Procedures Act (29 Del. C. Section 10101 et seq.).
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding and preserved each objection stated herein.
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; all administrative remedies are exhausted.
5.3 This Petition is filed within the statutory 30-day limitations period prescribed by 29 Del. C. Section 10142.
6. STATEMENT OF FACTS
6.1 Overview. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [HEARING OFFICER NAME].
6.3 The Decision. On [DATE], the Agency issued its final Decision finding [FINDINGS] and imposing [SANCTIONS].
6.4 Prejudice. The Decision adversely affects Petitioner by [DESCRIBE HARM].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION - Judicial Review (29 Del. C. Section 10142)
Under 29 Del. C. Section 10142(d), the Court shall not substitute its judgment for that of the agency, but shall affirm unless the agency decision is:
- ☐ In violation of constitutional provisions
- ☐ In excess of the statutory authority of the agency
- ☐ Made upon unlawful procedure
- ☐ Affected by other error of law
- ☐ Unsupported by substantial evidence
- ☐ Arbitrary or capricious
7.2 SECOND CAUSE OF ACTION - Declaratory Relief
Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION - Injunctive Relief
Petitioner seeks injunctive relief barring enforcement of the Decision pending resolution.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for judgment as follows:
A. Reversal or modification of the Agency Decision;
B. Declaratory judgment that the Decision is null and void;
C. Preliminary and permanent injunctive relief;
D. Stay of enforcement per 29 Del. C. Section 10144;
E. Costs and attorney's fees as permitted;
F. Other relief as just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner. I have read the foregoing Petition and the matters stated therein are true to my knowledge.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME], [Title]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner
By: ___________________________________
[ATTORNEY NAME]
Delaware Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________
DELAWARE-SPECIFIC PROCEDURAL NOTES
- The petition must be filed within 30 days after service of the final agency decision.
- Service must be made on the agency and the Attorney General.
- The court conducts review without a jury on the basis of the agency record.
- The court may grant a stay of the agency decision pending appeal under 29 Del. C. Section 10144.