Bill Text: DE SB137 | 2021-2022 | 151st General Assembly | Draft
Bill Title: An Act To Amend Title 31 Of The Delaware Code Relating To The State Public Assistance Code.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-09-10 - Signed by Governor [SB137 Detail]
Download: Delaware-2021-SB137-Draft.html
|
SPONSOR: |
Sen. S. McBride |
|
Sen. Gay |
DELAWARE STATE SENATE
151st GENERAL ASSEMBLY
SENATE BILL NO. 137
AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE PUBLIC ASSISTANCE CODE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 5, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 520. Judicial review.
Any applicant for or recipient of public assistance benefits under this chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in financial harm to the appellant. The appeal shall be filed within 30 days of the day of the final administrative decision. The appeal shall be on the record without a trial de novo. The Court shall decide all relevant questions and all other matters involved, and shall sustain any factual findings of the administrative hearing decision that are supported by substantial evidence on the record as a whole. The Court may remand the matter for further factual findings or other proceedings consistent with the Court’s order. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the rules of the Superior Court.
SYNOPSIS
This Act amends Title 31 to allow the Superior Court to remand administrative hearing decisions after they have been reviewed on appeal for further factual findings or other proceedings as ordered by the Superior Court. In the absence of a remand decision, the Court is bound by the findings below, and has no ability to seek clarification of factual findings or to safeguard the procedural interests of the underlying parties. This Act provides the Superior Court with the type of flexible and nuanced approach it is able to employ under the Administrative Procedures Act.
Author: Senator S. McBride
