Delaware § 312 - Board decision and appeal; State Board’s duties.
Full text of Delaware Delaware Code § 312 — Board decision and appeal; State Board’s duties., with citation guidance and answers to common questions.
§ 312. Board decision and appeal; State Board’s duties.
(a) The Board shall decide on each controversy involving a regulation under this chapter, including a waiver of the regulations promulgated under this chapter. The Board may not decide on a controversy involving a waiver under § 315 of this title, except as under § 316 of this title.
(b) The Board shall issue in writing its decision in a controversy involving a waiver of a regulation promulgated under this chapter within 20 days from the date of hearing.
(c) A party to a controversy may appeal the Board’s decision, except a decision under § 316 of this title, to the State Board by doing all of the following:
(1) Stating the party’s grievance in a petition.
(2) Ensuring that the petition is served on the Executive Director by certified or registered mail within 30 days after receiving notice of the decision.
(d) The State Board shall do all of the following;
(1) Rule on each appeal under this section.
(2) Provide through regulation adequate procedures for a hearing on an appeal under this section.
(3) Overturn the Board’s decision only if the State Board finds that the Board’s decision was not supported by substantial evidence or was arbitrary or capricious.
73 Del. Laws, c. 374, § 3; 81 Del. Laws, c. 72, § 1; 83 Del. Laws, c. 518, § 12; 84 Del. Laws, c. 343, § 3;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 312
What does Delaware Code § 312 cover?
Section 312 ("Board decision and appeal; State Board’s duties.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 312?
A common citation format is "Delaware Code § 312" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 312 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.