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DE SB277

Bill

Status

Passed

8/1/2012

Primary Sponsor

Anthony DeLuca

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Origin

Senate

146th General Assembly

AI Summary

  • Modifies the appeal process for decisions of the Delaware Alcoholic Beverage Control Commissioner to the Appeals Commission, requiring appeals to be filed within 30 days and reviewed by the Appeals Commission on the record according to the Administrative Procedures Act, with reversal only upon finding of abuse of discretion.

  • Changes appeals from Appeals Commission decisions to Superior Court to proceed directly on the record under the Administrative Procedures Act, with Superior Court review limited to whether the agency's decision is supported by substantial evidence and free from legal error.

  • Eliminates the requirement for arbitration by a Superior Court Commissioner 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 within 10 days of the postmark on the Commissioner's decision, without requiring a bond.

  • Corrects Title 29 to properly designate the Appeals Commission (rather than the Alcoholic Beverage Control Commission) as the state agency subject to judicial review under the Administrative Procedures Act.

Legislative Description

An Act To Amend Title 4 And Title 29 Of The Delaware Code Amending The Appeal Process From A Decision Of The Delaware Alcoholic Beverage Control Commissioner.

Last Action

Signed by Governor

8/1/2012

Committee Referrals

Administration6/26/2012

Full Bill Text

No bill text available