People strongly affected could appeal Delaware transportation decisions to a board

A seven-member board appointed by the governor with Senate approval would review appeals of transportation department actions. People whose interests are substantially affected by a department action could appeal. A denial of a permit involving state-owned land could be appealed only if the applicant claims unequal treatment compared with applicants in similar circumstances. An appeal must be filed within 20 days after the person receives the decision or the decision is published.

The board would hold a public hearing and mail a written decision. These rules apply to appeals filed with the board. If the board misses the hearing or written-decision deadline, the department’s decision counts as final for a further appeal. The board must schedule a hearing within 30 days of receiving the appeal, hold it within 180 days, and mail its decision within 90 days after the hearing ends.

A person or state agency harmed by the board’s decision could appeal to Superior Court. Court review is available to people and state agencies harmed by a board decision. An appeal would not automatically pause the department’s action. The board or Court of Chancery could order a pause if someone applies and shows good cause. The court appeal must be filed within 30 days after receipt of the board’s written decision.