§ 312 — Orders, notices in general

(a) Orders and notices of the Commissioner shall be effective only when in writing signed by the Commissioner or by the Commissioner’s authority.

(b) Except as otherwise expressly provided by law as to particular orders, every order of the Commissioner shall state its effective date and shall concisely state:

(1) Its intent or purpose;

(2) The grounds on which based;

(3) The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the Commissioner of the right to rely thereon except where expressly provided to the contrary.

(c) Except as may be provided by particular law or regulation, any order, notice, bulletin or the like may be given to the person or persons affected thereby by any 1 or more of the following methods:

(1) First-class or bulk mail, postage prepaid, addressed to such person at the person’s principal place of business or residence as last of record in the Department. Delivery of said item shall be deemed to have been given when deposited in a mail depository of the United States Postal Service;

(2) By receipted ground or air commercial delivery service. Delivery of said item shall be deemed to have been given when a receipt therefor is obtained from said commercial delivery service;

(3) By publication in the Register of Regulations; or

(4) By publication on the Internet, including but not limited to the Department’s webpage, the webpage of the National Association of Insurance Commissioners (NAIC), and the webpage of the National Insurance Producer Registry (NIPR).

Legislative History

18 Del. C. 1953, § 315; 56 Del. Laws, c. 380, § 1 ; 70 Del. Laws, c. 185, § 1 ; 70 Del. Laws, c. 186, § 1 ; 73 Del. Laws, c. 312, § 72