Bill > SB177

This bill establishes a new Transportation Appeals Board (Board) within the Delaware Department of Transportation (DelDOT) to provide a quasi-judicial review process for transportation-related decisions. The Board will consist of 7 members appointed by the Governor, with 2 members from each county and a Chair, serving up to 3-year terms and limited to 2 consecutive full terms. Board members will receive no compensation but may be reimbursed for expenses, and the Governor can remove members for inefficiency or neglect of duty. The Board will have the power to hear appeals from individuals substantially affected by DelDOT decisions, conduct public hearings, issue subpoenas, and make determinations within specified timeframes. Appellants must demonstrate that the Department's decision is not supported by evidence, and the Board can affirm, reverse, or remand decisions. Appeals from the Board's decisions can be made to the Superior Court within 30 days, with the court reviewing the Board's findings using a substantial evidence standard. The bill also adds the Transportation Appeals Board to the list of state agencies subject to administrative procedure regulations, ensuring a standardized process for hearing and resolving transportation-related disputes.

Transportation and Infrastructure

https://legis.delaware.gov/BillDetail?LegislationId=142440