2016 Delaware Code
Title 3 - Agriculture
CHAPTER 27. NUISANCE PLANTS
§ 2706. Hearing procedure; appeals.

All proceedings which are held to enforce this chapter shall be conducted by the Secretary or Secretary's designee and shall be initiated by the filing of a written complaint with the Department of Agriculture by either a complainant or a Department of Agriculture official. The landowner or person who possesses or has use of the land shall have the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges. The Secretary or the Secretary's designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of the cost of preparing such a transcript. The Secretary or the Secretary's designee shall issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing. The decision by the Secretary or the Secretary's designee is appealable to the Superior Court for the county in which the nuisance plant is growing within 30 days of the mailing of a decision by the Secretary or the Secretary's designee.

74 Del. Laws, c. 364, § 1; 70 Del. Laws, c. 186, § 1.;