Delaware Code Title 28 Sec. 113 – Judicial review; appeal from decision or order
(a) Any person aggrieved by a decision or order of the Secretary or the Director relating to combative sports or combative sports entertainment may seek judicial review thereof by appealing the matter to the Superior Court within 30 days of the dated the decision was mailed.
Terms Used In Delaware Code Title 28 Sec. 113
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Combative sports: shall include all professional boxing and mixed martial arts and all amateur boxing and mixed martial arts. See Delaware Code Title 28 Sec. 102
- Combative sports entertainment: include d but not limited to "celebrity boxing" "entertainment boxing" and all such similar terms or names shall mean a display of skill for the purpose of entertaining an audience, consisting of choreographed or simulated combat in which techniques commonly used in combative sports are employed by participants. See Delaware Code Title 28 Sec. 102
- Director: shall mean the Director of the Division of Professional Regulation of the Department of State. See Delaware Code Title 28 Sec. 102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Secretary: means the Secretary of State or designee. See Delaware Code Title 28 Sec. 102
(b) Any appeal taken pursuant to this section does not stay the effect of the decision or order of the Director which is the subject of the appeal. The court may order a stay upon a showing of irreparable harm to the appellant. The court may require a bond if it orders a stay pursuant to this section.
(c) Any appeal taken pursuant to this section shall be on the record to the extent one exists. Where no record exists, the court may remand the matter to the Director for the purposes of establishing a record or may, for good cause shown, retain the matter and accept such additional evidence as it deems necessary to render a decision in the matter. If the court retains the matter, it may affirm or reverse the decision or order, or may remand the matter to the Director for further proceedings.