This Act creates a Transportation Appeals Board (“Board”) within the Delaware Department of Transportation (“DelDOT”). The Board is a quasi-judicial body that hears appeals of DelDOT actions such as grants or denials of transportation-related permits. The Board consists of 7 members (2 from each county and a Chair) who are appointed by the Governor for terms of up to 3 years. The Governor is initially permitted to appoint members for less than 3 years to ensure that terms expire on a staggered basis. A Board member can serve no more than 2 consecutive full terms. This Act also adds the newly created Board to the list of agencies to which Chapter 101 of Title 29, regarding administrative procedures, applies.
In creating the Transportation Appeals Board, which is modeled on and intended to function like the Environmental Appeals Board in Title 7, this Act gives businesses and members of the public who are substantially affected by DelDOT actions a process by which they can appeal those actions. Under that process, a party aggrieved by a DelDOT decision has 20 days from receipt or publication of the decision to appeal to the Board. Within 30 days of receiving that appeal, the Board must schedule a hearing on the matter, which must be conducted within 180 days following the receipt of the appeal, and must be conducted in accordance with Chapter 101 of Title 29. The Board then has 90 days to give a written decision. If the aggrieved party disagrees with the Board’s decision, that party may, within 30 days of the Board’s decision, make an appeal to the Superior Court.

Statutes affected:
Original Text: 29.10161