CHAPTER 424

FORMERLY

HOUSE BILL NO. 543

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10, CHAPTER 5, SUBCHAPTER III OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE SUPERIOR COURT.

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

Section One. Amend Title 10, Chapter 5, Subchapter III of the Delaware Code by adding a new section to read as follows:

"§ 545. Power to Receive Appeals Involving Personnel Administration of the Delaware Court System.

(a) Jurisdiction is hereby conferred upon Superior Court to hear and determine appeals of non-judicial employees and of the appointing authority of the Delaware court system from administrative decisions of such authority rendered under the 'Personnel Rules for Non-Judicial Employees of the Delaware Court System.'

(b) Such appeals may be taken by either the aggrieved employee or the appointing authority on the question of whether the appointing authority acted in accordance with law. The burden of proof in either case is on the party making the appeal, and all such appeals shall be undertaken by filing a notice of appeal with the court within thirty (30) days of receipt of the written decision of the Hearing Officer.

(c) Review by the Superior Court shall be on the record, without a trial de nova. When factual determinations are at issue, the court shall take account of the experience and specialized competence of the Hearing Officer. The court review of factual issues shall be limited to a
determination of whether the Hearing Officer's decision was supported by substantial evidence on the record.

(d) In the event that the appeal involves a non-judicial employee of the Superior Court, the Chief Justice of the Supreme Court shall designate a member of the Court of Chancery to hear the appeal."

Approved July 14, 1994.