Delaware Code Title 19 Sec. 109 – Review of rules by Superior Court
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Any person whose interest is affected thereby may commence an action in the Superior Court of this State, in any of the 3 counties against the Department as defendant to determine the reasonableness and validity of any rule made pursuant to § 106 of this title, provided that no such action may be brought except as an appeal from the determination of the Department and within the time for such appeal, both as provided in § 106(e) of this title. Such action and pleadings thereon shall be governed by the laws and rules of practice applicable to other civil actions.
19 Del. C. 1953, § ?116; 53 Del. Laws, c. 259.;
Terms Used In Delaware Code Title 19 Sec. 109
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 101
- Person: means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons. See Delaware Code Title 19 Sec. 101
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302