Delaware Code Title 29 Sec. 10144 – Stay pending review
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When an action is brought in the Court for review of an agency regulation or decision, enforcement of such regulation or decision by the agency may be stayed by the Court only if it finds, upon a preliminary hearing, that the issues and facts presented for review are substantial and the stay is required to prevent irreparable harm.
Terms Used In Delaware Code Title 29 Sec. 10144
- Agency: means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. See Delaware Code Title 29 Sec. 10102
- Court: means the Superior Court of the State except for appeals from the Division of Child Support Services, which will be heard by the Family Court of the State. See Delaware Code Title 29 Sec. 10102
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Regulation: means any statement of law, procedure, policy, right, requirement or prohibition formulated and promulgated by an agency as a rule or standard, or as a guide for the decision of cases thereafter by it or by any other agency, authority or court. See Delaware Code Title 29 Sec. 10102