Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

7 Del. C. § 6007: Establishment of Environmental Appeals Board.

(a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor and serve at the Governor’s pleasure. Each county shall be represented by 2 members. Registered members of either major political party shall not exceed the other major political party by more than 1. The term of each member appointed shall be 3 years. Vacancies in Board membership shall be filled by the Governor for the remainder of the unexpired term.
(b) The Board is a quasi-judicial review board which is constituted in order to hear appeals of decisions of the Secretary. The Board or its designee may issue subpoenas by certified mail for witnesses or evidence, administer oaths to witnesses and conduct prehearing conferences for the simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.
(c) (1) A simple majority of the Board constitutes a quorum. A simple majority of those members of the Board present is required to override the decision of the Secretary.
(2) a. The Board shall schedule, but not necessarily conduct, a hearing on the merits of an appeal within 30 days following the receipt of the appeal.
b. The Board shall complete the hearing on the merits of the appeal within 120 days following the receipt of the appeal unless the Chairperson tolls this period under paragraph (c)(5) of this section.
(3) a. The Board may verbally announce the decision at the conclusion of the hearing.
b. A written decision must be mailed to the parties by certified mail within 60 days after the completion of the hearing.
(4) a. If the Board fails to complete the hearing within the time period required under paragraph (c)(2)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 121 days after the date of receipt of the appeal.
b. If the Board fails to issue the written opinion within the time period required under paragraph (c)(3)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 61 days after completion of the hearing.
(5) Upon the written request of both parties, the Chairperson may toll the running of the 120-day period under paragraph (c)(2)b. of this section by a letter that states the number of days the period is tolled.
(d) Any member of the Board with a personal or private financial interest in the outcome of an appeal before the Board shall disqualify himself or herself from any consideration of that matter and shall inform the Chairperson who shall note such interest on the record of the hearing.
(e) Each Board member shall be compensated for such reasonable expenses as travel and meals for each meeting and hearing attended.
(f) The Environmental Appeals Board shall adopt such rules and regulations as are necessary to provide procedures to implement the terms of §§ 6007-6009 of this title, which shall apply to appeals to the Environmental Appeals Board. Prior to adopting any such rules and regulations, the Board shall designate a day, time and place for a public hearing on such proposed rules or for any amendments to existing or proposed rules and regulations. The Board shall give 20 days’ notice of such hearing by publication in a newspaper of general circulation in the State and shall make copies of such proposed regulations available to the public upon request. The public hearing on such regulations shall be consistent with the provisions of Chapter 101 of Title 29.
(g) In any appeal to the Board there shall be required a reasonable fee, as established by the General Assembly, to cover such costs as are incurred during the appeal. The fees charged by the Environmental Appeals Board shall be deposited in a special account in the name of the Environmental Appeals Board and shall be used solely for the costs and expenses of that Board in holding its hearings and proceedings.

Where this section sits in the code

Title 7. Conservation
Natural Resources
CHAPTER 60. Environmental Control
Subchapter II. Powers and Duties of Secretary and Department

(b) The Board is a quasi-judicial review board which is constituted in order to hear appeals of decisions of the Secretary. The Board or its designee may issue subpoenas by certified mail for witnesses or evidence, administer oaths to witnesses and conduct prehearing conferences for the simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.

(c) (1) A simple majority of the Board constitutes a quorum. A simple majority of those members of the Board present is required to override the decision of the Secretary.

(2) a. The Board shall schedule, but not necessarily conduct, a hearing on the merits of an appeal within 30 days following the receipt of the appeal.

b. The Board shall complete the hearing on the merits of the appeal within 120 days following the receipt of the appeal unless the Chairperson tolls this period under paragraph (c)(5) of this section.

(3) a. The Board may verbally announce the decision at the conclusion of the hearing.

b. A written decision must be mailed to the parties by certified mail within 60 days after the completion of the hearing.

(4) a. If the Board fails to complete the hearing within the time period required under paragraph (c)(2)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 121 days after the date of receipt of the appeal.

b. If the Board fails to issue the written opinion within the time period required under paragraph (c)(3)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 61 days after completion of the hearing.

(5) Upon the written request of both parties, the Chairperson may toll the running of the 120-day period under paragraph (c)(2)b. of this section by a letter that states the number of days the period is tolled.

(d) Any member of the Board with a personal or private financial interest in the outcome of an appeal before the Board shall disqualify himself or herself from any consideration of that matter and shall inform the Chairperson who shall note such interest on the record of the hearing.

(e) Each Board member shall be compensated for such reasonable expenses as travel and meals for each meeting and hearing attended.

(f) The Environmental Appeals Board shall adopt such rules and regulations as are necessary to provide procedures to implement the terms of §§ 6007-6009 of this title, which shall apply to appeals to the Environmental Appeals Board. Prior to adopting any such rules and regulations, the Board shall designate a day, time and place for a public hearing on such proposed rules or for any amendments to existing or proposed rules and regulations. The Board shall give 20 days’ notice of such hearing by publication in a newspaper of general circulation in the State and shall make copies of such proposed regulations available to the public upon request. The public hearing on such regulations shall be consistent with the provisions of Chapter 101 of Title 29.

(g) In any appeal to the Board there shall be required a reasonable fee, as established by the General Assembly, to cover such costs as are incurred during the appeal. The fees charged by the Environmental Appeals Board shall be deposited in a special account in the name of the Environmental Appeals Board and shall be used solely for the costs and expenses of that Board in holding its hearings and proceedings.

Collected 2026-09-05T23:02:09Z. Source file · JSON

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