CHAPTER 133

FORMERLY

SENATE BILL NO. 198

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO APPEALS FROM DECISIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.

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

Section 1. Amend Title 4 of the Delaware Code by striking the first sentence of §304(b) and replacing said sentence with the following:

“The Commissioner’s decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner’s office, a party to such hearing files an appeal in the office of the Commissioner.”

Section 2. Amend Title 4 of the Delaware Code by striking the first sentence of §541(c) and replacing said sentence with the following:

“The decision of the Appeals Commission shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Appeals Commission, a party to such hearing files an appeal in the Superior Court of the County within which the applicant sought a license.”

Section 3. Amend Title 4 of the Delaware Code by striking §544 and replacing said section with the following:

“If an application is not timely protested, but the Commissioner determines that the application should nevertheless be denied, the Commissioner shall render the decision promptly in writing. The Commissioner’s decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner’s office, the applicant files an appeal in the office of the Commissioner. The appeal shall follow the procedure outlined in §541 of this Title.

Approved July 09, 2001