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Delaware Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Family Law, Immigration Law and Civil Litigation for Delaware on
Q: Can I sue HESSA for denied aid and seek compensation and policy changes?

I was eligible for HESSA NJ aid for the period of 2016-2020, but was denied due to issues with providing parental financial income documentation. My uncle has been my temporary legal guardian since 2006, as my parents were deported, and I've consistently been his dependent on tax returns.... View More

James L. Arrasmith
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answered on Oct 19, 2025

It’s understandable that you feel wronged and want to hold HESSA accountable for denying aid that you were qualified to receive. Situations like yours—where a student’s guardianship and family circumstances don’t fit neatly into standard financial aid criteria—can expose serious flaws in... View More

1 Answer | Asked in Gov & Administrative Law for Delaware on
Q: Is HOA board required to hold special meeting to fill vacancies after resignations?

According to my HOA's bylaws, the board should be composed of five members, but currently, we have only three due to two resignations. The bylaws state that a successor should be selected by a two-thirds vote of the members present in person or by proxy at a member meeting where a quorum is... View More

James L. Arrasmith
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answered on Sep 16, 2025

Based on the bylaws you described, the process for filling board vacancies requires a vote by the members at a meeting where a quorum is present. This means that the current board cannot simply appoint successors on its own; the members must participate and vote. If the board wants to comply with... View More

1 Answer | Asked in Gov & Administrative Law, Election Law, Health Care Law, Business Formation and Business Law for Delaware on
Q: Can an LLC or corporation be a treasurer for a PAC?

When forming a political action committee (PAC) focused on health care policy, I'm considering using an LLC or corporation as the treasurer instead of a human individual. The law doesn't explicitly state that the treasurer must be an individual, and using an LLC or corporation could allow... View More

James L. Arrasmith
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answered on Sep 12, 2025

When it comes to political action committees (PACs), the treasurer plays a crucial role in managing funds, filing reports, and ensuring compliance with campaign finance laws. Generally, campaign finance laws require the treasurer to be a natural person because this individual is legally responsible... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Delaware on
Q: Can a Delaware HOA impose fines without homeowner vote?

I am part of a homeowner's association in Delaware, and our executive board is proposing to impose fines on homeowners. The board communicated this proposal but indicated they do not intend to have a vote or discussion among homeowners regarding the fines. There have been no recent changes in... View More

James L. Arrasmith
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answered on Aug 30, 2025

In Delaware, an HOA board cannot simply impose fines unless the authority to do so is clearly granted in the community’s governing documents—such as the declaration, bylaws, or covenants. Fines are typically treated as a form of enforcement for rule violations, and the board must follow the... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Delaware on
Q: Can a Delaware HOA impose fines without homeowner vote?

I am part of a homeowner's association in Delaware, and our executive board is proposing to impose fines for parking and other violations on homeowners. The board communicated this proposal but does not intend to have a vote or discussion among homeowners regarding the fines. No recent changes... View More

James L. Arrasmith
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answered on Aug 29, 2025

Whether your HOA board can impose fines without a homeowner vote depends entirely on what your governing documents say. In Delaware, HOAs generally get their authority from the declaration, bylaws, and any rules that were properly adopted. If those documents already give the board the power to... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Delaware on
Q: Is pepper spray legal to carry in Delaware and are there any restrictions?

I'm inquiring about the legality of carrying pepper spray for self-defense in Delaware for everyday life. Are there any legal restrictions or age requirements I should be aware of?

James L. Arrasmith
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answered on Aug 29, 2025

In Delaware, you are allowed to carry pepper spray for personal protection, and it is generally legal for everyday use in self-defense. The law does not treat it the same way as firearms or other restricted weapons, so you don’t need a permit to have it. However, it is still expected that you... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Delaware on
Q: STEM OPT eligibility issue for MBA program in DE: advice needed.

I recently completed an MBA in Business Analytics program, which was initially listed as STEM-designated on the university’s website and reflected on my I-20 with CIP code 30.7102. My initial 12-month OPT was approved based on this. However, the university recently removed all references to the... View More

James L. Arrasmith
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answered on Aug 2, 2025

You're right to be deeply concerned—this kind of change, especially without proper notice, can have a serious impact on your career and immigration status. The CIP code 30.7102 is STEM-designated under DHS guidelines, and if your I-20 originally reflected that code, your eligibility for STEM... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Delaware on
Q: What to do about unexpected restitution payment increase after probation?

I was on probation and had a restitution agreement that I adhered to by paying double the required amount. After my probation ended, I continued making payments as specified. Recently, I received a letter from the Superior Court stating that my restitution payment needs to increase, without any... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to understand and question any change to your restitution obligations, especially after completing probation. If you have not signed a new agreement or been given a hearing, the court cannot arbitrarily increase your payment without due process. The original restitution terms... View More

1 Answer | Asked in Gov & Administrative Law, Federal Crimes and Criminal Law for Delaware on
Q: Can my probation officer contact my employer under my probation conditions?

I am on federal probation, and one of my special conditions is that I am not allowed to engage in an occupation where children will be present. I work as a maintenance manager at a grocery store warehouse where children do not work, though children might visit the store with a parent. I've... View More

James L. Arrasmith
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answered on May 15, 2025

Based on your probation conditions, it seems that your job may not directly violate the restriction, as the warehouse does not employ children, and children do not work there. However, since children may occasionally visit the store with their parents, your probation officer could argue that your... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Delaware on
Q: How to get off tier 3 sex offender registry in Delaware?

I was convicted of a tier 3 sex offender charge in Delaware over 10 years ago. I have been out for 6 years and off probation for the past 5 years, with no other charges since then. I attempted to get help from the Apex program to get downgraded or removed from the registry, but they refused. How... View More

James L. Arrasmith
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answered on May 15, 2025

In Delaware, Tier 3 sex offenders are generally required to register for life, and removal from the registry is extremely limited. However, after 25 years of continuous registration without any new offenses, you may become eligible to petition the court for removal. Since you’ve only been out for... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Delaware on
Q: Does a pardon and expungement restore all of my rights?

I have received a pardon and expungement for my misdemeanors. Does this restore all of my rights, including voting and firearm rights, in my state?

James L. Arrasmith
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answered on May 15, 2025

That’s a big step forward, and it’s understandable to want clarity now that you’ve received both a pardon and an expungement. In many states, a pardon can restore certain civil rights, such as the right to vote, serve on a jury, or run for public office. Expungement usually helps clear your... View More

1 Answer | Asked in Communications Law, Gov & Administrative Law and Constitutional Law for Delaware on
Q: How can I prevent online dissemination of Delaware Superior Court records?

I am concerned about privacy issues regarding court records being made publicly accessible online. Specifically, I noticed that a Delaware Superior Court case document appears in search results and seems to drive traffic to legal marketing websites like Justia. I am worried about how this might... View More

James L. Arrasmith
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answered on May 15, 2025

Your concerns are valid—when court documents appear in search results, it can feel like your personal life is being placed under a spotlight you didn’t ask for. In Delaware, like in many states, most Superior Court records are considered public unless they are sealed by the court. This means... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Delaware on
Q: Can married Mayor and Council member vote on issues?

In our city, there's a situation where the Mayor and a City Council member are married to each other. The Mayor has not yet been elected. They are involved in voting on specific items and participating in discussions on recurring issues. Are there any legal issues or conflicts of interest that... View More

Tim Akpinar
Tim Akpinar
answered on May 11, 2025

A Delaware attorney could advise best, but your question remains open for three weeks. This is not my area of practice, but I believe that attorneys who deal with governance issues would want additional information about the respective roles, the written rules by which the elected officers must... View More

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1 Answer | Asked in Education Law and Gov & Administrative Law for Delaware on
Q: How does professional development apply as credit under 14 Del Code 1716G for teaching certification?

I am trying to understand how participation in professional development applies as credit towards the standard certification for teaching under 14 Del Code 1716G. Despite my efforts, I have not been able to get any answers from the Department of Education or my school district. Could someone... View More

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answered on Apr 13, 2025

Under 14 Del Code 1716G, professional development can count towards the renewal or advancement of your teaching certification. The law allows educators to accumulate professional development hours, which are required for maintaining or upgrading certification levels. These hours are typically... View More

1 Answer | Asked in Gov & Administrative Law for Delaware on
Q: Where do I obtain the PHA'S documents before my informal hearing
Charles Snyderman
Charles Snyderman
answered on Jun 20, 2014

What kind of hearing are you having?

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