(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.
Structure Delaware Code
§ 1802. Regulation of public carriers [Effective until Apr. 14, 2023].
§ 1802. Regulation of public carriers [Effective Apr. 14, 2023].
§ 1802C. Taxicab medallion and limousine certification task force.
§ 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment.
§ 1804. Railroad crossings; construction and protection.
§ 1808. Regulation of ticket agents; penalties for violations.
§ 1809. Redemption of unused tickets.
§ 1810. Erection and maintenance of telegraph and telephone lines by railroad.
§ 1812. Liability of those damaging railroad property.
§ 1813. Badges of railroad conductor, baggage master and brakeman.
§ 1815. Penalties for violations of §§ 1813, 1814.
§ 1816. Free passes and franks; transportation without fare.
§ 1817. Transportation utilities; intra and interline connections; switch connections.
§ 1818. Public carriers operating buses; public liability insurance [Effective until Apr. 14, 2023].
§ 1818. Public carriers operating buses; public liability insurance [Effective Apr. 14, 2023].
§ 1819. Appeal from Department's order.
§ 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction.