Delaware Code Title 16 Sec. 7412 – Administrative procedure and judicial review; emergency rules
(a) In any proceeding under this chapter:
(1) For the issuance or modification of rules and regulations relating to control of sources of ionizing radiation; or
(2) For granting, suspending, revoking or amending any license or registration; or
(3) For determining compliance with, or granting exceptions from, rules and regulations of the Authority,
Terms Used In Delaware Code Title 16 Sec. 7412
- Authority: means the Authority on Radiation Protection created by § 7404 of this title. See Delaware Code Title 16 Sec. 7403
- Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light. See Delaware Code Title 16 Sec. 7403
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
the Authority shall afford an opportunity for a hearing on the record upon the request of any person who may be affected by the action of the Authority and shall admit any such person as a party to such proceeding.
(b) Whenever the Administrative Agent finds that an emergency exists requiring immediate action to protect the public health and safety, the Administrative Agent may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Such regulation or order may be effective immediately. Any person to whom such regulation or order is directed shall comply therewith immediately, but on application to the Authority shall be afforded a hearing within 30 days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.
(c) Any final order entered in any proceeding by the Authority or the Administrative Agent shall be subject to judicial review by the Superior Court of this State.
16 Del. C. 1953, § ?7412; 56 Del. Laws, c. 266, § ?1;