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                            29 Del. C. @ 514 (1992)


@ 514. Inspection by Department of public records

   For the purpose of this chapter all custodians of public records
of this State and the political subdivisions thereof shall, upon
the request of the Department, afford to it all proper and
reasonable  access  to and examination of all  public records  in
their custody.

HISTORY: 66 Del. Laws, c. 211, @ 1.


                           29 Del. C. @ 10001 (1992)

@ 10001. Declaration of policy

   It is vital in a democratic society that public business be
performed in an open and public manner so that our citizens shall
have the opportunity to observe the performance of public
officials and to monitor the decisions that are made by such
officials in formulating and executing public policy; and further,
it is vital that citizens have easy  access to public records  in
order that the society remain free and democratic. Toward these
ends, and to further the accountability of government to the
citizens of this State, this chapter is  adopted, and shall be
construed.

HISTORY: 60 Del. Laws, c. 641, @ 1; 65 Del. Laws, c. 191, @ 1.

THIS CHAPTER DID NOT IMPLIEDLY REPEAL PROHIBITION against
disclosing records and reports to persons committed to the
Department of Correction. Jenkins v. Gulledge, Del. Supr., 449 A.2d
207 (1982).

NOTES APPLICABLE TO ENTIRE TITLE   CROSS REFERENCES. --As to public
officers and employees subject to attachment and garnishment, see
@ 3503 of Title 10. As to insurance for protection of State, see
Chapter 65 of Title 18. As to municipalities generally, see Title
22.

               29 Del. C. @ 10001 (1992)

@ 10001. Declaration of policy

   It is vital in a democratic society that public business be
performed in an open and public manner so that our citizens shall
have the opportunity to observe the performance of public officials
and to monitor the decisions that
are made by such officials in formulating and executing public
policy; and further, it is vital that citizens have easy access to
public records in order that the society remain free and
democratic. Toward these ends, and to further the accountability of
government to the citizens of this State, this chapter is  adopted,
and shall be construed.

HISTORY: 60 Del. Laws, c. 641, @ 1; 65 Del. Laws, c. 191, @ 1.

THIS CHAPTER DID NOT IMPLIEDLY REPEAL PROHIBITION against
disclosing records and reports to persons committed to the
Department of Correction. Jenkins v. Gulledge, Del. Supr., 449 A.2d
207 (1982).

NOTES APPLICABLE TO ENTIRE TITLE   CROSS REFERENCES. --As to public
officers and employees subject to attachment and garnishment, see
@ 3503 of Title 10. As to insurance for protection of State, see
Chapter 65 of Title 18. As to municipalities generally, see Title
22.

                           29 Del. C. @ 10002 (1992)

STATUS: CONSULT SLIP LAWS CITED BELOW FOR RECENT CHANGES TO THIS
DOCUMENT

 @ 10002. Definitions

                           29 Del. C. @ 10002 (1992)


   (a) "Public body" means, unless specifically excluded, any
regulatory, administrative, advisory, executive, appointive or
legislative body of the State, or of any political subdivision of
the State, including, but not limited  to, any board, bureau,
commission, department, agency, committee, ad hoc committee,
special committee, temporary committee, advisory board and
committee, subcommittee, legislative committee, association, group,
panel, council or any other entity or body established by an act of
the General Assembly of the State, or established by any body
established by the General Assembly of the State, or  appointed by
any body or public official of the State or otherwise empowered by
any state governmental entity, which: (1) Is supported in whole or
in part by any public funds; or (2) expends or disburses any public
funds, including grants, gifts or other similar disbursals and
distributions; or (3) is impliedly or specifically charged by any
other public official, body, or agency to advise  or to make
reports, investigations or recommendations. Public body shall not
include the General Assembly of the State, nor any caucus thereof,
or committee, subcommittee, ad hoc committee, special committee or
temporary committee.

   (b) "Public business" means any matter over which the public
body has supervision, control, jurisdiction or advisory power.

   (c) "Public funds" are those funds derived from the State or any
political subdivision of the State.


   (d) "Public record" is information of any kind, owned, made,
used, retained,  received, produced, composed, drafted or otherwise
compiled or collected, by any public body, relating in any way to
public business, or in any way of public interest, or in any way
related to public purposes, regardless of the physical form or
characteristic by which such information is stored, recorded or
reproduced. For purposes of this chapter, the following records
shall not be deemed public:

      (1) Any personnel, medical or pupil file, the disclosure of
which would constitute an invasion of personal privacy, under this
legislation or under any  State or federal law as it relates to
personal privacy;

      (2) Trade secrets and commercial or financial information
obtained from a  person which is of a privileged or confidential
nature;

      (3) Investigatory files compiled for civil or criminal
law-enforcement purposes including pending investigative files,
pretrial and presentence investigations and child custody and
adoption files where there is no criminal complaint at issue;

      (4) Criminal files and criminal records, the disclosure of
which would constitute an invasion of personal privacy. Any person
may, upon proof of
identity, obtain a copy of his personal criminal record. All other
criminal records and files are closed to public scrutiny. Agencies
holding such criminal  records may delete any information, before
release, which would disclose the names of witnesses, intelligence
personnel and aids or any other information of  a privileged and
confidential nature;

      (5) Intelligence files compiled for law-enforcement purposes,
the disclosure of which could constitute an endangerment to the
local, state or national welfare and security;

      (6) Any records specifically exempted from public disclosure
by statute or common law;

      (7) Any records which disclose the identity of the
contributor of a bona fide and lawful charitable contribution to
the public body whenever public anonymity has been requested of the
public body with respect to said contribution by the contributor;

      (8) Any records involving labor negotiations or collective
bargaining;

      (9) Any records pertaining to pending or potential litigation
which are not records of any court;

      (10) Subject to subsection (f) of @ 10004 of this title with
respect to release of minutes of executive sessions, any record of
discussions held in executive session pursuant to subsections (b)
and (c) of @ 10004 of this title.

      (11) Any records which disclose the identity or address of
any person holding a permit to carry a concealed deadly weapon;
provided, however, all records relating to such permits shall be
available to all bona fide law-enforcement officers; or

      (12) Any records of a public library which contain the
identity of a user  and the books, documents, films, recordings or
other property of the library which a patron has used.

      (13) Any records in the possession of the Department of
Correction where disclosure is sought by an inmate in the
Department's custody.

   (e) "Meeting" means the formal or informal gathering of a quorum
of the members of any public body for the purpose of discussing or
taking action on public business.

   (f) "Agenda" shall include but is not limited to a general
statement of the major issues expected to be discussed at a public
meeting, as well as a
statement of intent to hold an executive session and the specific
ground or grounds therefor under subsection (b) of @ 10004 of this
title.

   (g) "Public body", "public record" and "meeting" shall not
include activities of the University of Delaware and Delaware State
College, except that the Board  of Trustees of the University and
the Board of Trustees of the College shall be  "public bodies", and
University and College documents relating to the expenditure of
public funds shall be "public records", and each meeting of the
full Board of Trustees of either institution shall be a "meeting".

HISTORY: 60 Del. Laws, c. 641, @ 1; 61 Del. Laws, c. 55, @ 1; 63
Del. Laws, c. 424, @ 1; 64 Del. Laws, c. 113, @ 1; 65 Del. Laws, c.
191, @@ 2-6; 66 Del. Laws, c. 143, @ 1; 67 Del. Laws, c. 281, @
194.

 NOTES: REVISOR'S NOTE. --Section 2 of 67 Del. Laws, c. 281,
provides: "Any previous act inconsistent with the provisions of
this act is hereby repealed to the extent of such inconsistency."
  Section 3 of 67 Del. Laws, c. 281, provides: "If any provision of
this act, or of any rule, regulation or order thereunder, or the
application of such provision to any person or circumstances, shall
be invalid, the remainder of this act and the application of such
provisions of this act or of such rule,
regulation or order to persons or circumstances other than those to
which it is  held invalid shall not be affected thereby."

EFFECT
OF AMENDMENTS. --67 Del. Laws, c. 281, effective July 2, 1990,
rewrote (g).

STATUTORY DEFINITION OF "MEETING" IN THIS SECTION SEEMS SATISFIED
when a quorum  of a public body gathers for the purpose of
discussing or taking action on public business regardless of what
they might choose to do once convened. News-Journal Co. v.
McLaughlin, Del. Ch., 377 A.2d 358 (1977).


                           29 Del. C. @ 10003 (1992)

@ 10003. Examination and copying of public records

   (a) All public records shall be open to inspection and copying
by any citizen of the State during regular business hours by the
custodian of the records for the appropriate public body.
Reasonable access to and reasonable facilities for  copying of
these records shall not be denied to any citizen. If the record is
in active use or in storage and, therefore, not available at the
time a citizen  requests access, the custodian shall so inform the
citizen and make an appointment for said citizen to examine such
records as expediently as they may  be made available. Any
reasonable expense involved in the copying of such records shall be
levied as a charge on the citizen requesting such copy.

   (b) It shall be the responsibility of the public body to
establish rules and  regulations regarding access to public records
as well as fees charged for copying of such records.
HISTORY: 60 Del. Laws, c. 641, @ 1.


                           29 Del. C. @ 10004 (1992)

@ 10004. Open meetings

   (a) Every meeting of all public bodies shall be open to the
public except those closed pursuant to subsections (b), (c), (d)
and (g) of this section.

   (b) A public body may call for an executive session closed to
the public pursuant to subsections (c) and (e) of this section, but
only for the following  purposes:

      (1) Discussion of an individual citizen's qualifications to
hold a job or  pursue training unless the citizen requests that
such a meeting be open. This provision shall not apply to the
discussion by a licensing board or commission which is subject to
the provisions of @ 8810 of this title, of an individual citizen's
qualifications to pursue any profession or occupation for which a
license must be issued by the public body in accordance with
Delaware law;

      (2) Preliminary discussions on site acquisitions for any
publicly funded capital improvements;

      (3) Activities of any law-enforcement agency in its efforts
to collect information leading to criminal apprehension;

      (4) Strategy sessions, including those involving legal advice
or opinion from an attorney-at-law, with respect to collective
bargaining or pending or potential litigation, but only when an
open meeting would have an adverse effect on the bargaining or
litigation position of the public body;

      (5) Discussions which would disclose the identity of the
contributor of a  bona fide and lawful charitable contribution to
the public body whenever public  anonymity has been requested of
the public body with respect to said contribution by the
contributor;

      (6) Discussion of the content of documents, excluded from the
definition of "public record" in @ 10002 of this title where such
discussion may disclose the contents of such documents;

      (7) The hearing of student disciplinary cases unless the
student requests  a public hearing;

      (8) The hearing of employee disciplinary or dismissal cases
unless the employee requests a public hearing;

      (9) Personnel matters in which the names, competency and
abilities of individual employees or students are discussed, unless
the employee or student requests that such a meeting be open.

   (c) A public body may hold an executive session closed to the
public upon affirmative vote of a majority of members present at a
meeting of the public body. The vote on the question of holding an
executive session shall take
place at a meeting of the public body which shall be open to the
public, and the results of the vote shall be made public and shall
be recorded in the minutes. The purpose of such executive sessions
shall be set forth in the agenda and shall be limited to the
purposes listed in subsection (b) of this section. Executive
sessions may be held only for the discussion of public business,
and all voting on public business must take place at a public
meeting and the results of the vote made public.

   (d) This section shall not prohibit the removal of any person
from a public meeting who is willfully and seriously disruptive of
the conduct of such meeting.

   (e)(1) This subsection concerning notice of meetings shall not
apply to any emergency meeting which is necessary for the immediate
preservation of the public peace, health or safety, or to the
General Assembly.

      (2) All public bodies shall give public notice of their
regular meetings and of their intent to hold an executive session
closed to the public, at least  7 days in advance thereof. The
notice shall include the agenda, if such has been determined at the
time, and the dates, times and places of such meetings; however,
the agenda shall be subject to change to include additional items
including executive sessions or the deletion of items including
executive
sessions which arise at the time of the public body's meeting.

      (3) All public bodies shall give public notice of the type
set forth in paragraph (2) of this subsection of any special or
rescheduled meeting as soon as reasonably possible, but in any
event no later than 24 hours before such meeting. A special or
rescheduled meeting shall be defined as one to be held less than 7
days after the scheduling decision is made. The public notice of a
special or rescheduled meeting shall include an explanation as to
why the notice required by paragraph (1) of this subsection could
not be given.

      (4) Public notice required by this subsection shall include,
but not be limited to, conspicuous posting of said notice at the
principal office of the public body holding the meeting, or if no
such office exists at the place where  meetings of the public body
are regularly held, and making a reasonable number of such notices
available.

      (5) When the agenda is not available as of the time of the
initial posting of the public notice it shall be added to the
notice at least 6 hours in advance of said meeting, and the reasons
for the delay in posting shall be briefly set forth on the agenda.

   (f) Each public body shall maintain minutes of all meetings,
including executive sessions, conducted pursuant to this section,
and shall make such minutes available for public inspection and
copying as a public record. Such minutes shall include a record of
those members present and a record, by individual members (except
where the public body is a town assembly where all citizens are
entitled to vote), of each vote taken and action agreed upon. Such
minutes or portions thereof, and any public records pertaining to
executive sessions conducted pursuant to this section, may be
withheld from public disclosure so long as public disclosure would
defeat the lawful purpose for the  executive session, but no
longer.

   (g) Every regularly scheduled meeting of a public body shall be
held within the geographic jurisdiction of that public body. All
such other meetings shall be held as follows:

      (1) A public body serving any political subdivision of the
State, including, but not limited to, any city, town or school
district, shall hold all such other meetings within its
jurisdiction or the county in which its principal office is
located.

      (2) For the purposes of this subsection, a "regularly
scheduled meeting" shall mean any meeting of a public body held on
a periodic basis.

      (3) The provisions of this subsection, insofar as they are
not practicable, shall not apply to any emergency meeting which is
necessary for the immediate preservation of the public peace,
health or safety, or to a meeting held by a public body outside of
its jurisdiction which is necessary for the immediate preservation
of the public financial welfare.

   (h) This section shall not apply to the proceedings of:

      (1) Grand juries;

      (2) Petit juries;

      (3) Special juries;

      (4) The deliberations of any court;

      (5) The Board of Pardons and Parole; and

      (6) Public bodies having only 1 member.

HISTORY: 60 Del. Laws, c. 641, @ 1; 63 Del. Laws, c. 269, @ 1; 65
Del. Laws, c.  191, @@ 7-12; 66 Del. Laws, c. 419, @ 1; 67 Del.
Laws, c. 367, @@ 1, 2.

                           29 Del. C. @ 10004 (1992)


 NOTES: REVISOR'S NOTE. --The reference in subsection (e)(3) of
this section to "paragraph (1) of this subsection" should probably
be to "paragraph (2) of this  subsection."   EFFECT OF AMENDMENTS.
--67 Del. Laws, c. 367, effective July 17, 1990, in (b)(1),
inserted "an" preceding "individual" near the beginning and added
the last sentence.

STATUTORY DEFINITION OF "MEETING" SEEMS SATISFIED when a quorum of
a public body gathers for the purpose of discussing or taking
action on public business regardless of what they might choose to
do once convened. News-Journal Co. v. McLaughlin, Del. Ch., 377
A.2d 358 (1977).

SOLID WASTE AUTHORITY'S STANDING COMMITTEES NOT
SUBJECT TO OPEN MEETING REQUIREMENT. --The Delaware Solid Waste
Authority is a public body subject to the Delaware Freedom of
Information Act and its open meeting requirement, but the
Authority's standing committees are not subject to that requirement
since the committees operate with less than the statutory quorum of
5 directors. Delaware Solid Waste Auth. v. News-Journal Co., Del.
Supr., 480 A.2d 628 (1984).


                            29 Del. C. @ 10005 (1992)

@ 10005. Enforcement

   (a) Any action taken at a meeting in violation of this chapter
may be voidable by the Court of Chancery. Any citizen may challenge
the validity under  this chapter of any action of a public body by
filing suit within 60 days of the citizen's learning of such action
but in no event later than 6 months after
the date of the action.

   (b) Any citizen denied access to public records as provided in
this chapter may bring suit within 60 days of such denial. Venue in
such cases where access to public records is denied shall be placed
in a court of competent jurisdiction for the county or city in
which the public body ordinarily meets or in which the plaintiff
resides.

   (c) In any action brought under this section, the burden of
proof shall be on the custodian of records to justify the denial of
access to records, and shall be on the public body to justify a
decision to meet in executive session or any  failure to comply
with this chapter.

   (d) Remedies permitted by this section include an injunction, a
declaratory judgment, writ of mandamus and/or other appropriate
relief. The court may award  attorney fees and costs to a
successful plaintiff of any action brought under this section. The
court may award attorney fees and costs to a successful defendant,
but only if the court finds that the action was frivolous or was
brought solely for the purpose of harassment.

   (e) Any citizen may petition the Attorney General to determine
whether a violation of this chapter has occurred or is about to
occur. The petition
shall set forth briefly the nature of the alleged violation. Upon
receiving a petition, the Attorney General shall, within 10 days,
notify in writing the custodian of records or public body involved.
Within 20 days of receiving the petition, the Attorney General
shall make a written determination of whether a violation has
occurred or is about to occur, and shall provide the citizen and
any custodian of records or public body involved with a copy of the
determination. If the Attorney General finds that a violation of
this chapter has occurred or is about occur, the citizen may: (1)
File suit as set forth in this chapter; or (2) request in writing
that the Attorney General file suit on the citizen's behalf. If
such request is made, the Attorney General may file suit, and shall
within 15 days notify the citizen of the decision to file suit,
unless the custodian of records or public body has agreed to comply
with this chapter. The citizen shall have the absolute right to
file suit regardless of the determination of the Attorney General,
and may move to intervene as a party  in any suit filed by the
Attorney General.

   (f) Subsection (e) of this section shall not apply to an alleged
violation by an administrative office or officer, agency,
department, board, commission or instrumentality of state
government which the Attorney General is obliged to represent
pursuant to @ 2504 of this title.

HISTORY: 60 Del. Laws, c. 641, @ 1; 65 Del. Laws, c. 191, @ 13; 66
Del. Laws, c. 354, @@ 1, 2.

SUPERIOR COURT MAY PROPERLY RULE ON MERITS OF SUIT INSTITUTED AFTER
10-DAY TIME  PERIOD. --Even though suit was instituted after the
10-day time period prescribed by this section, it was proper for
the Superior Court to enter a ruling on the merits since the
procedural defect could be cured by a subsequent  request and
timely filing. Jenkins v. Gulledge, Del. Supr., 449 A.2d 207
(1982).


                           29 Del. C. @ 10101 (1992)

@ 10101. Policy

   The purpose of this chapter is to standardize the procedures and
methods whereby certain state agencies exercise their statutory
powers and to specify the manner and extent to which action by such
agencies may be subjected to judicial review.

HISTORY: 60 Del. Laws, c. 585, @ 1; 62 Del. Laws, c. 301, @ 2.

COMPREHENSIVE REVISION INDICATES LEGISLATIVE INTENT TO IMPLICITLY
REPEAL CONFLICTING CODE PROVISIONS. --A comprehensive revision of
a particular subject, such as this chapter, is evidence of a
legislative intent to implicitly repeal conflicting code provisions
while retaining nonconflicting provisions. State, Dep't of Labor v.
Minner, Del. Supr., 448 A.2d 227 (1982).

STANDARDS AT VARIANCE
WITH ACT IMPLICITLY REPEALED. --To the extent that any previously
applied administrative standard, whether or not legislatively
based,  is at variance with the provisions of the act, the later
governs through the principle of implicit legislative repeal. In re
Delmarva Power & Light Co., Del. Super., 486 A.2d 19 (1984), rev'd
on other grounds, Del. Supr., 508 A.2d 849 (1986).

CHAPTER
CONTROLS REVIEW OF PUBLIC SERVICE COMMISSION DECISIONS. --The
Administrative Procedures Act is clearly intended to control the
standard and scope of judicial review of decisions of the Public
Service Commission. Delmarva Power & Light Co. v. Public Serv.
Comm'n, Del. Supr., 508 A.2d 849 (1986).

 ACTION OF SECRETARY OF DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL IN REVOKING PERMITS in an emergency situation
absent a hearing was not subject to this chapter. Formosa Plastics
Corp. v. Wilson, Del. Supr., 504 A.2d 1083 (1986).

PRIVATE RIGHT
OF ACTION. --Neither the Agricultural Lands Preservation Act nor
the Administrative Procedures Act explicitly create a private right
of action to attack state administrative action as invalid. Couch
v. Delmarva Power & Light Co., Del. Ch., 593 A.2d 554 (1991).

WHERE SECRETARY'S DECISION AND FINDINGS PURSUANT TO @ 6801 OF TITLE
7 ARE SUPPORTED BY SUBSTANTIAL EVIDENCE, a reviewing court may not
substitute its judgment for the Secretary's but must defer to the
expertise of the Secretary in this area. Olney v. Cooch, Del.
Supr., 425 A.2d 610 (1981).

NOTES
APPLICABLE TO ENTIRE TITLE
CROSS REFERENCES. --As to public
officers and employees subject to attachment and garnishment, see
@ 3503 of Title 10. As to insurance for protection of State, see
Chapter 65 of Title 18. As to municipalities generally, see Title
22.   NOTES APPLICABLE TO ENTIRE CHAPTER

  CROSS REFERENCES. --As to right to hearing before assessment of
civil penalty for violation of pesticide law, see @ 1225 of Title
3.

@ 10102. Definitions

   As used in this chapter:

       (1) "Agency" means any authority, department,
instrumentality, commission, officer, board or other unit of the
state government authorized by law to make regulations, decide
cases or issue licenses. Agency does not include the General
Assembly, courts, municipalities, counties and other political
subdivisions, joint state-federal, interstate or intermunicipal
authorities and their agencies.

      (2) "Agency action" means either an agency's regulation or
case decision,  which could be a basis for the imposition of
injunctive orders, penal or civil sanctions of any kind or the
grant or denial of relief or of a license, right or benefit by any
agency or court, or both.

      (3) "Case" or "case decision" means any agency proceeding or
determination that a named party as a matter of past or present
fact, or of threatened or contemplated private action, is or is not
in violation of a law or regulation, or is or is not in compliance
with any existing requirement for obtaining a license or other
right or benefit. Such administrative adjudications include,
without limitation, those of a declaratory nature respecting the
payment of money or resulting in injunctive relief requiring a
named party to act or refrain from acting or threatening to act in
some way required or forbidden by law or regulation under which the
agency is operating.

       (4) "Court" means the Superior Court of the State except for
appeals from  the Division of Child Support Enforcement, which will
be heard by the Family Court of the State.

      (5) "License" means the whole or part of any agency permit,
certificate, approval, registration, charter or similar form of
permission required by law, but it does not include a license
required solely for revenue purposes.

      (6) "Party" means each person or agency named or admitted in
an agency proceeding as a party, or properly seeking and entitled
as of right to be admitted as a party to an agency proceeding.

      (7) "Regulation" means any statement of law, procedure,
policy, right, requirement or prohibition formulated and
promulgated by an agency as a rule or  standard, or as a guide for
the decision of cases thereafter by it or by any other agency,
authority or court. Such statements do not include locally
operative highway signs or markers, or an agency's explanation of
or reasons for its decision of a case, advisory ruling or opinion
given upon a hypothetical or  other stated fact situation or terms
of an injunctive order or license.