Delaware Code § 29-10141

Review of regulations
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(a) Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief.
(b) No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation
shall be subject to review until final agency action on the proposal has been taken.
(c) When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by
the Court as a defense in the action.
(d) Except as provided in subsection (c) of this section, no judicial review of a regulation is available unless a complaint therefor is
filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations.
(e) Upon review of regulatory action, the agency action shall be presumed to be valid and the complaining party shall have the burden
of proving either that the action was taken in a substantially unlawful manner and that the complainant suffered prejudice thereby, or that

the regulation, where required, was adopted without a reasonable basis on the record or is otherwise unlawful. The Court, when factual
determinations are at issue, shall take due account of the experience and specialized competence of the agency and of the purposes of
the basic law under which the agency acted.

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