Delaware Code Title 2 Sec. 1819 – Appeal from Department’s order
(a) Any public carrier affected by any final order made by the Department, or any other original party to or any intervenor in the proceedings before the Department in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the Secretary of the Department either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.
Terms Used In Delaware Code Title 2 Sec. 1819
- 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.
- Department: means the Delaware Department of Transportation. See Delaware Code Title 2 Sec. 1801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public carrier: includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, taxicab, limousine, motor bus or electric trackless trolley coach service, system, plan or equipment for public use other than transportation authorities created pursuant to Chapter 13 of this title. See Delaware Code Title 2 Sec. 1801
- Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 2 Sec. 1801
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The appeal shall not be a trial de novo but shall be based upon the record before the Department.
(c) The scope of review before the Court shall be whether the Department’s decision is based on substantial evidence.
62 Del. Laws, c. 125, § ?10; 68 Del. Laws, c. 255, § ?9; 69 Del. Laws, c. 435, § ?38;