4 Del. Admin. Code § 701-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 701-9.0 - Fines for Failure to File Applications as Required

9.1 Fines.

Any licensee who fails to file the application for renewal as required by this regulation (including the fee) for more than 10 business days after the deadlines noted in this regulation, shall pay a fine as outlined in 4 DE Admin. Code 804 implementing the voluntary fine assessment plan:

9.1.1 First violation, $250 fine and administrative costs.

9.1.2 Second violation, $500 fine and administrative costs.

9.1.3 Any application for renewal received after 3 calendar months from the time required in this rule, or any licensee who has committed a third or subsequent offense under this rule, shall be cited for a violation of this regulation and the matter shall be heard by the Commissioner.

9.2 Collection of Fine and Right to Hearing

9.2.1 The fine shall be collected as outlined in 4 DE Admin. Code 804, Section 3.0 Procedure.

9.2.2 If a licensee chooses a hearing before the Commissioner, then 4 DE Admin. Code 804, Section 4.0 Penalties and Administrative Costs, will be implemented.

9.3 Non-Renewal of License until Fine is Paid.

When a fine is validly imposed under this regulation, the license shall not be renewed until the fine is paid in full.

9.4 Meaning of "Timely Filing".

In order for any application to be timely filed under this rule, it must be received by the Commissioner or clearly marked with a post office cancellation on or before the deadline required by this regulation.

4 Del. Admin. Code § 701-9.0

28 DE Reg. 320 (10/1/2024) (Final)