(a) If the Board intends not to issue a permit or intends to suspend or revoke a permit, the Board shall give written notice to the applicant or permit holder of the intended action and the reasons therefor. The applicant or permit holder has at least 10 days from the date of notice to request a hearing. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) A hearing pursuant to subsection (a) of this section is informal, without the use of the Rules of Evidence. The Board’s decision must be in writing and must include the reasons for the decision. The Board’s decision must be mailed immediately to or personally served upon the applicant or permit holder.
(c) If an applicant or permit holder is in disagreement with the decision of the Board, the applicant or permit holder may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of a mailed decision or within 30 days of the date of service of the decision. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.
Code 1935, §§ 942, 956A; 41 Del. Laws, c. 87, § 2; 46 Del. Laws, c. 142, § 1; 24 Del. C. 1953, § 2556; 68 Del. Laws, c. 206, § 1; 76 Del. Laws, c. 167, § 1.
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