Delaware Administrative Code: Rulemaking, Appeals, and Petitions

The Delaware Administrative Code is the official compilation of every regulation currently in effect across the state’s executive agencies. It is maintained by the Office of the Registrar of Regulations, published online at regulations.delaware.gov, and carries the same legal weight as a statute passed by the General Assembly. The rules that govern how agencies write, change, and enforce those regulations sit in Title 29, Chapter 101 of the Delaware Code, known as the Administrative Procedures Act.¹

How the Code Is Organized

The code is divided into numbered Titles that line up with specific state agencies or broad regulatory areas. Title 16 covers the Department of Health and Social Services. Title 2 covers the Division of Motor Vehicles. Within each Title, individual regulations have their own numbers and contain the detailed rules for a particular program.

Inside each regulation, the structure is Sections and subsections. A Section is a heading-level division numbered with a decimal ending in “.0” (1.0, 2.0, 3.0). Everything beneath it is a subsection, numbered hierarchically (2.1, 2.1.1, 2.1.2).² Once you understand that pattern, a citation in a licensing notice or enforcement letter is easy to decode.

Where to Find Current Regulations

The primary place to look is regulations.delaware.gov, which the state describes as a “topically-oriented compilation of all regulations in effect” and treats as the official version of every Delaware regulation.³ You can search by agency, by Title number, or by keyword. If you received a citation on paperwork from an agency, plug the Title and regulation number straight into the site’s navigation.

Pending and recent changes live in a separate monthly publication called the Delaware Register of Regulations. The Register comes out on the first day of each month and captures every proposed, final, and emergency regulatory action for that month before it folds into the permanent code.⁴ If you need to know whether a rule has just changed or is about to, the Register is where to check. The current issue is available on the same regulations.delaware.gov site.

Documents Incorporated by Reference

Some regulations do not print the full text of a technical standard or manual. They incorporate it by reference, which under Delaware’s rules makes that outside document just as enforceable as the regulation. The agency must cite the specific publication, year, and volume, and if the document is not readily available to the public, the agency must provide a copy to the Registrar for inspection.² You can be bound by a standard you have never seen unless you ask to see it.

How Agencies Make and Change Rules

When an agency wants to create, amend, or repeal a regulation, it follows Subchapter II of the Administrative Procedures Act. The process is built around public notice and a real chance to be heard.

Notice of Proposed Rulemaking

The agency files a notice and the full text of the proposal with the Registrar for publication in the Register. The notice must summarize the subject, cite the legal authority the agency is relying on, describe any other regulations that could be affected, and explain how to submit views in writing, at a hearing, or both.⁵

If a public hearing is planned, it must be scheduled at least 20 days after the proposal appears in the Register. The agency must also advertise the hearing in at least two Delaware newspapers and on a designated state website, both at least 20 days before the date.⁵

Public Comment Period

After publication, the comment window stays open for at least 30 days. If there is a hearing, written comments are accepted for an additional 15 days after the last hearing. A verbatim record is made of every hearing, and anyone who wants a transcript pays for it.⁵ This is where most members of the public have real influence on a rule. A specific, well-reasoned written comment can produce changes in the final version.

Adoption and Effective Date

Once the comment period closes and the agency considers the input, it publishes the final regulation in the Register. The rule cannot take effect until at least 10 days after it appears in final form, unless it qualifies as an emergency.⁶ After the waiting period, it becomes part of the permanent Administrative Code and carries the force of law.

Emergency Regulations

If an agency determines that public health, safety, or welfare faces an imminent threat, it can shortcut or skip the notice-and-comment process. An emergency regulation can take effect immediately, but the agency must put its reasons in writing and publish the emergency order in the next issue of the Register.⁵

Emergency rules expire. They last no longer than 120 days and can be renewed only once, for up to 60 additional days. To make the rule permanent after that, the agency must run the full rulemaking process. The agency must also accept and respond to petitions asking that the emergency rule be reconsidered or revised.⁵

Asking an Agency to Change a Rule

You do not have to wait for an agency to move on its own. Under 29 Del.C. § 10114, any person can petition a state agency to adopt, amend, or repeal a regulation. The petition goes on a form prescribed by the Director of the Office of Management and Budget. Once received, the agency must address it at its next regular meeting, either by granting the petition and starting the formal rulemaking process or by denying it with an explanation. If the petition arrives within five days of an upcoming meeting, the agency can defer action until the following one.⁵

A denial is not the end. You can resubmit a revised petition that addresses the agency’s stated concerns, or you may have grounds to challenge the denial in court if the reasoning was arbitrary.

Challenging an Agency Decision That Affects You

When an agency denies a license, revokes a permit, or imposes a penalty, you can challenge the decision through an administrative appeal. The deadline and procedure depend on the agency and the type of decision. Some agencies set a 15-day window for requesting a hearing, others 30 days, others something else. The notice you receive should spell out your deadline. Missing it can permanently forfeit your right to appeal.

Administrative hearings run more like court than a meeting. A hearing officer or specialized board presides, evidence is taken under oath, and witnesses can be cross-examined. The officer issues a written decision. Build the factual record carefully, because any later court review will be based almost entirely on what happened at that hearing.

Appealing to Superior Court

If the administrative appeal does not go your way, you can take the case to Delaware Superior Court. The appeal must be filed within 30 days of the date the agency mailed notice of its decision.⁷ The filing fee for an appeal from an administrative agency is $200.⁸

The appeal is on the record. The court reviews the evidence presented during the agency hearing rather than holding a new trial, and can send the case back to the agency if the record is insufficient. Absent actual fraud, the court’s review is limited to whether the agency’s decision was supported by substantial evidence, and the court takes into account the agency’s specialized expertise and the purposes of the law it administered.⁷

One procedural trap. Your appeal is not considered filed until it has been submitted to the Prothonotary and served on the agency in accordance with the court’s rules.⁷ Mailing a letter to the court is not enough. Confirm that the filing is properly docketed and served, or the court can treat your appeal as if it never happened.

1
Delaware Code Online. Delaware Code Title 29 Chapter 101 – Administrative Procedures
2
Delaware Regulations. Delaware Administrative Code Drafting and Styling Manual
3
Delaware Regulations. Delaware Regulations
4
Delaware General Assembly. Registrar of Regulations
5
Delaware Code Online. Delaware Code Title 29 Chapter 101 Subchapter II – Agency Regulations
6
Delaware Register of Regulations. Information About the Delaware Register of Regulations
7
Delaware Code Online. Delaware Code Title 29 Chapter 101 Subchapter V – Judicial Review
8
Delaware Courts. Civil and Criminal Fees – Superior Court