Delaware Code Title 24 Sec. 1736 – Appeal procedures
(a) A person against whom a decision of the Board has been rendered may appeal the decision to the Superior Court in the county in which the offense occurred.
Terms Used In Delaware Code Title 24 Sec. 1736
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) An appeal pursuant to this section must be filed within 30 days after the day the written decision and order of the Board is issued.
(c) An appeal pursuant to this section is on the record of the Board hearing, without a trial de novo.
(d) A Board action revoking, suspending, or otherwise restricting a person’s certificate to practice medicine is not stayed upon appeal unless so ordered by the Superior Court.
(e) A person whose certificate to practice medicine has been suspended or otherwise restricted may, after the expiration of 90 days from the decision of the Superior Court, or of the Supreme Court if the decision of the Superior Court is appealed, or after 90 days from the decision and order of the Board if no appeal is taken, apply to the Board to have the certificate reinstated or reissued for good cause shown.
60 Del. Laws, c. 462, § ?1; 67 Del. Laws, c. 226, § ?16; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 141, § ?1;