Delaware General Assembly

Stricken 6/21/12

The General Assembly has ended, the current status is the final status.

6/14/12

DeLuca

Rep. Schwartzkopf

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE AMENDING THE APPEAL PROCESS FROM A DECISION OF THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER.

This bill modifies and clarifies the appeal process for final decisions from the Delaware Alcoholic Beverage Control Commissioner to the Appeals Commission, and the appeal process for final decisions of the Appeals Commission to the Superior Court. The process in both instances shall follow the Administrative Procedures Act. Further, section 2 of this bill corrects an error in the designation of the proper state agency subject to judicial review. This bill also modifies and clarifies the appeal process from a final decision of the Delaware Alcoholic Beverage Control Commissioner, to cancel or suspend a license, or to fine a licensee, directly to the Superior Court. Due to the emergent business nature of such a final decision by the Delaware Alcoholic Beverage Control Commissioner the licensee’s appeal should proceed directly to the Superior Court. The current statute’s arbitration process in which a Superior Court Commissioner’s decision is subsequently reviewed by the Superior Court is not a routine review process which is available in the Superior Court. The reference to compliance with an arbitrator’s order is no longer applicable because the requirement that a Superior Court Commissioner arbitrate the appeal is being deleted from the appeal process.

N/A

N/A

N/A

N/A

View HTML View PDF