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DE SB259

Bill

Status

Introduced

6/14/2012

Primary Sponsor

Anthony DeLuca

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Origin

Senate

146th General Assembly

AI Summary

  • Modifies the appeal process from the Delaware Alcoholic Beverage Control Commissioner's decision to the Appeals Commission, requiring the Appeals Commission to review the record under the Administrative Procedures Act with reversal only upon finding of abuse of discretion.

  • Establishes a direct appeal process from the Appeals Commission's final decision to Superior Court within 30 days, with Superior Court review limited to whether the decision is supported by substantial evidence on the record and free from legal error.

  • Removes the requirement for arbitration by a Superior Court Commissioner as an intermediate step in the appeal process, allowing appeals to proceed directly to Superior Court review.

  • Allows licensees to appeal Commissioner decisions regarding license cancellation, suspension, or fines directly to Superior Court without posting bond within 10 days of the postmark on the Commissioner's decision.

  • Corrects the designation in Title 29 to reference the Appeals Commission rather than the Alcoholic Beverage Control Commission as the proper state agency subject to judicial review under the Administrative Procedures Act.

Legislative Description

An Act To Amend Title 4 Of The Delaware Code Amending The Appeal Process From A Decision Of The Delaware Alcoholic Beverage Control Commissioner.

Last Action

Stricken

6/21/2012

Committee Referrals

Executive6/14/2012

Full Bill Text

No bill text available