CHAPTER 211

FORMERLY

SENATE BILL NO. 132

AN ACT TO AMEND CHAPTER 69, TITLE 7, DELAWARE CODE, RELATING TO APPEALS FROM DECISIONS OF THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 6903, Chapter 69, Title 7, Delaware Code, by adding thereto new subsections (g) and (h) to read as follows:

"(g) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Secretary, may appeal as provided by law to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be on the record and shall be perfected within thirty (30) days of the receipt of the decision of the Secretary.

(g) The Court may affirm, reverse or modify the Secretary's decision. The secretary's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the ease to the Secretary for completion of the record."

Approved April 3, 1980