§ 1819. Appeal from Department’s order.
151 words·~1 min read·
/de/title-2/chapter-18-public-carrier/1819·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any public carrier affected by any final order made by the Department, or any other original party to or any intervenor in the proceedings before the Department in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the Secretary of the Department either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.
(b)The appeal shall not be a trial de novo but shall be based upon the record before the Department.
(c)The scope of review before the Court shall be whether the Department’s decision is based on substantial evidence.