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 Back | 146th General Assembly
Senate Bill # 277 |
| Primary Sponsor: | DeLuca | Additional Sponsor(s): Rep. Schwartzkopf |
| CoSponsors: | { NONE...} |
| Introduced on : | 06/21/2012 | |
| Long Title: | AN ACT TO AMEND TITLE 4 AND TITLE 29 OF THE DELAWARE CODE AMENDING THE APPEAL PROCESS FROM A DECISION OF THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER. |
| Synopsis: | This bill modifies and clarifies the appeal process for final decisions from the Delaware Alcoholic Beverage Control Commissioner to the Appeals Commission, and the appeal process for final decisions of the Appeals Commission to the Superior Court. The process in both instances shall follow the Administrative Procedures Act. Further, section 2 of this bill corrects an error in the designation of the proper state agency subject to judicial review.
This bill also modifies and clarifies the appeal process from a final decision of the Delaware Alcoholic Beverage Control Commissioner, to cancel or suspend a license, or to fine a licensee, directly to the Superior Court. Due to the emergent business nature of such a final decision by the Delaware Alcoholic Beverage Control Commissioner the licensee’s appeal should proceed directly to the Superior Court. The current statute’s arbitration process in which a Superior Court Commissioner’s decision is subsequently reviewed by the Superior Court is not a routine review process which is available in the Superior Court. The reference to compliance with an arbitrator’s order is no longer applicable because the requirement that a Superior Court Commissioner arbitrate the appeal is being deleted from the appeal process.
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| Current Status: | Signed On 08/01/2012 |
| Volume Chapter | 78:384 | | |
| Date Governor acted: | 08/01/2012 | | |
Full text of Legislation:
(in HTML format) | Legis.html | Email this Bill to a friend | |
Full text of Legislation:
(in MS Word format) | Legis.Docx (Microsoft Word is required to view this document.) |
| Fiscal Notes/Fee Impact: | Not Required |
| Committee Reports: |
House Committee Report 06/27/12 F=0 M=3 U=0----> |
| Voting Reports: |
Senate vote: () Passed 6/21/2012 3:50:59 PM------->
House vote: () Passed 6/30/2012 10:39:39 PM-------> |
Actions History:
| Aug 01, 2012 - Signed by Governor
Jun 30, 2012 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 27, 2012 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits
Jun 26, 2012 - Introduced and Assigned to House Administration Committee in House
Jun 21, 2012 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 21, 2012 - Necessary rules are suspended in Senate
Jun 21, 2012 - Introduced in Senate
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