Delaware § 7310 - Judicial review and enforcement.

§ 7310. Judicial review and enforcement.

(a) Any person aggrieved by a final order of the Board may appeal pursuant to the Administrative Procedures Act, Chapter 101 of this title.

(b) Whenever the Board has evidence that any person has violated or is violating any provision of this chapter or the Board’s standards, the Board shall notify the alleged violator and by informal negotiation attempt to resolve the problem. Such notice shall contain a date upon which the Board will next meet, at which time the person so notified may hear in its entirety the basis of the Board’s finding. The Board and the person so notified shall attempt to agree upon a solution for compliance, which shall prescribe the action necessary to achieve compliance.

(c) If no solution for compliance is agreed upon, or if the alleged violation continues, the Board shall refer the matter to the Attorney General, who may institute appropriate legal proceedings, including an action for an injunction or temporary restraining order to enjoin violations of the chapter or the Board’s standards.

(d) Any person with a disability or groups of persons with disabilities may bring an action for legal or equitable relief from violations of this chapter and the Board’s standards and may be awarded compensatory and punitive damages suffered as a result of such violations. If successful in such litigation, the persons with disabilities bringing the litigation shall be reimbursed for all costs and expenses of the litigation, including attorneys’ fees as may be allowed by the Court.

(e) The Superior Court in and for the county for in which alleged violation occurred shall have jurisdiction of civil actions under this section. The Court of Chancery in and for the county in which the alleged violation occurred shall have jurisdiction over actions for injunctive relief.

(f) Any person who violates any provision of this chapter or any standard or order of the Board shall be subject to a civil penalty not to exceed $500 for each day such violation continues.

(g) No action hereunder may be commenced after the expiration of 2 years from the completion of the construction of any facility or alteration thereto.

62 Del. Laws, c. 174, §  1;  78 Del. Laws, c. 179, §  311;