6 Del. Admin. Code § 105-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 105-4.0 - Health Spa Guaranty Fund

4.1 Health Spas that offer, advertise, or execute or cause to be executed by the buyer a Health Spa Contract must pay an annual fee pursuant to 6 Del.C. § 4203:

Number of unexpired contracts exceeding 3 months	Amount of Annual Fees
199 or fewer	$1,000
200 to 499	$2,000
500 to 999	$4,000
1,000 or more	$8,000

4.2 Health spas must pay an annual fee when:

4.2.1 A Health Spa Contract is offered, advertised, executed, or caused to be executed by a buyer.

4.2.2 A health spa:

4.2.2.1 Obligates a buyer to purchase health spa services to be rendered over a period longer than three months; and

4.2.2.2 Receives money, in an aggregate amount at any point, the amount of which is greater than the value of three months' commitment, are required to pay the annual fee.

4.3 Waiver of Annual Fee

4.3.1 A waiver of the annual fee does not waive other registration requirements.

4.3.2 A health spa that meets the criteria for a waiver may apply for a fee waiver under subsection 4.3 of this regulation when filing the annual registration at HealthSpaRegulation@Delaware.gov.

4.3.3 A waiver of the annual fee may be granted at the discretion of the Director when:

4.3.3.1 A health spa does not meet all the criteria of subsection 4.2.2.

4.3.3.2 A health spa that advertises or offers but does not execute contracts for longer than three months.

4.3.3.2.1 If at any point during a calendar year, a health spa that has been granted an exemption pursuant to subsection 4.3.3.2 of the regulation executes a qualifying health spa contract:

4.3.3.2.1.1 The fee waiver shall be automatically revoked without any action by the Director; and

4.3.3.2.1.2 The Health Spa will be required to pay the appropriate fee pursuant to subsection 4.1 of this regulation.

4.3.3.3 The Health Spa Guaranty Fund is over $250,000 and a health spa is able to demonstrate proof of payment into the fund for any three years in a row.

4.3.3.3.1 Health spas bear the burden of proving they have paid the annual fee for three consecutive years with proof of payment.

4.3.3.3.2 Proof of payment means a copy of the check, bank invoice, or statement demonstrating payment was withdrawn, or other proof of transaction.

6 Del. Admin. Code § 105-4.0

25 DE Reg. 539 (11/1/2021) (final)