Delaware Code Title 3 Sec. 1060 – Appeals
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(a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester’s designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.
Terms Used In Delaware Code Title 3 Sec. 1060
- 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.
- Person: shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. See Delaware Code Title 3 Sec. 1052
- Secretary: shall mean the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 1052
- 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
(b) Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary or the Secretary’s designee. The decision of the Secretary or the Secretary’s designee may be appealed to the Superior Court on the record within 30 days of the decision.
(c) No appeal shall operate to automatically stay any action of the Secretary.