4 Del. Admin. Code § 804-4.0

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

Section 804-4.0 - Penalties and Administrative Cost

4.1 The schedule of penalties and administrative cost established for violations covered by the voluntary fine assessment plan are as follows:

4.1.1 First Violation: A two hundred fifty ($250) dollar fine.

4.1.2 Second Violation of the Same Offense Within Five (5) Years: A five hundred ($500) dollar fine.

4.1.3 Third and Subsequent Violations of the Same Offense Within Five (5) Years: A fine of one thousand ($1,000) dollars or a mandatory hearing before the Commissioner with penalties, if any, pursuant to provisions of the Liquor Control Act and, where prescribed, the specific penalty ranges of the violated rule.

4.1.4 Administrative costs for all voluntary fine assessments shall be added at a rate of 15% of the amount of the fine.

4.2 The aforementioned schedule of penalties, when used as part of a guilty plea under the voluntary fine assessment plan, shall supersede any provision of any Delaware Alcoholic Beverage Control Commissioner rules that prescribes specific penalties.

4.3 Where a licensee chooses to pay a fine under this plan, such licensee shall have waived all rights to the calculation of fines pursuant to 4 Del.C. § 914.

4.4 Failure by a licensee to pay a fine, as agreed, by the due date, as indicated on the voluntary fee assessment form, may result in the licensee being cited for a violation of Rule 805 and a hearing being scheduled before the Commissioner. The violation shall be treated as a separate violation to the underlying violation listed on the voluntary assessment form.

4 Del. Admin. Code § 804-4.0

19 DE Reg. 775 (02/01/16)