CHAPTER 482

FORMERLY

HOUSE BILL NO. 702

AN ACT TO AMEND CHAPTER 5, TITLE 31 OF THE DELAWARE CODE TO PROVIDE JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS IN PUBLIC BENEFITS PROGRAMS.

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

Section 1. Amend Chapter 5, Title 31 of the Delaware Code by adding the following new section:

"§520. Judicial Review.

Any applicant for or recipient of public assistance benefits under this Chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in financial harm to the appellant. The appeal shall be filed within 30 days of the day of the final administrative decision. the appeal shall be on the record without a trial de novo. The Court shall decide all relevant questions and all other matters involved, and shall sustain any factual findings of the administrative hearing decisions that are supported by substantial evidence on the record as a whole. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the Rules of the Superior Court."

Approved September 29, 1984.