Judicial review [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5626
in effect(a) A provider organization may appeal a final order under § 5625 of this title to the Superior Court by filing a petition for judicial review with the Court no more than 30 days after the date of the final order.
(b) An appeal under this section must be on the record without a trial de novo. If the Court determines that the record is insufficient for review, the Court shall remand the case to the Department for further proceedings on the record.
(c) If factual determinations are at issue, the Court shall consider the Division’s experience and specialized competence and the purposes of the fundamental law or regulation under which the Division took disciplinary action.
(d) Except for fraud, the Court’s review is limited to determining whether the substantial evidence on the record supports the Division’s disciplinary action.
(e) Except as otherwise provided in subsection (f) of this section, the Court may not stay a final order issued under § 5625 of this title.
(f) If, after a preliminary review, the Court finds that the issues and facts presented are substantial and a stay is required to prevent irreparable harm, the Court may stay enforcement of a final order issued under § 5625 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc03/index.htmlFetched: 10/4/2026