AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO APPEALS TO THE ENVIRONMENTAL APPEALS BOARD.

Hearing completion deadline shortened from 180 days to 120 days after receipt of the appeal.

New requirement that the Board schedule a hearing within 30 days of receiving an appeal.

Written decision deadline shortened from 90 days to 60 days after completion of the hearing.

Upon written request of both parties, the Chairperson may toll the 120-day hearing period by specifying the number of days tolled in a letter.

If the Board fails to complete the hearing within the required time, the Secretary's decision becomes final for all purposes including appeal under Section 6009, 121 days after receipt of the appeal.

If the Board fails to issue a written opinion within 60 days of hearing completion, the Secretary's decision becomes final for all purposes, 61 days after completion of the hearing.

Persons whose interest is substantially affected may now appeal the grant (not just denial) of a permit on subaqueous lands, addressing the 1986 Worldwide Salvage court ruling that had barred such appeals.

Appeals of denials on state-owned land (including subaqueous lands) are limited to cases where the sole ground is that the applicant was treated discriminatorily compared to similarly situated applicants.

No appeal lies to the Board for any Secretary decision regarding consistency with the federal Coastal Zone Management Act, because a separate federal appeals process exists.

Clarified record rules: emails transmitted to the Secretary may be part of the record, but non-Secretary email communications are excluded unless they are public comments.

The Board may affirm, reverse, or remand with instructions any appeal of a case decision of the Secretary.