4 Del. Admin. Code § 702-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 702-4.0 - Failure to File Applications as Required

4.1

Any supplier who does not timely file an application by December 31 for renewal as required by subsections 3.1 or 3.2, or does not file the application for renewal in the form required by the Commissioner including the fee, or both, shall pay a fine as outlined in 4 DE Admin. Code 804 implementing the voluntary fine assessment plan.

4.1.1 First Violation: $250 fine and administrative costs.

4.1.2 Second Violation: $500 fine and administrative costs.

4.1.3 Any application for renewal of a licensee who has committed a third or subsequent offense under this rule shall be cited for a violation of this rule and the matter shall be heard by the Commissioner.

4.2 Collection of Fine and Right to Hearing.

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

4.3 Non-Renewal of License Until Fine is Paid.

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

4.4 Meaning of "Timely Filing".

In order for an 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 rule.

4.5 Nothing in this rule shall affect or limit the authority of the Commissioner to revoke, cancel, or suspend a license, to impose a fine, or to issue a license for a period of time less than 1 year. Further, nothing in this rule shall prohibit a licensee from surrendering the license or allowing it to expire.

4 Del. Admin. Code § 702-4.0

19 DE Reg. 775 (2/1/2016)
28 DE Reg. 320 (10/1/2024) (Final)