§ 1919 — Audits and inspection of records

(a) In response to a specific complaint, the Division or its employees or duly authorized agents may inspect those records held by a TNC that are specifically necessary for the investigation and resolution of the complaint.

(b) No more than quarterly, the Division may request that a TNC transmit to the Division records and information that the TNC is required to maintain under § 1918 of this title for up to 50 TNC drivers; provided that, the TNC shall undertake best efforts not to share records and information about the same TNC driver during consecutive reporting periods; and further provided that, the Division shall not retain criminal background check reports. Within 10 business days of receiving a request, the TNC shall transmit the records to the Division via a secure delivery method, which may include use of encryption security or hand delivery. If, after this initial review, the Division has a reasonable basis to conclude that the TNC is not in compliance with this chapter, the Division may, upon reasonable notice, conduct a supplemental audit of records and information for an additional selection of TNC drivers at a mutually agreed location.

(c) Any records or information that a TNC discloses to the Division pursuant to this section shall be exempt from disclosure under the Delaware Freedom of Information Act, § 10001 et seq. of Title 29.

(d) The Division shall destroy any records it receives from a TNC pursuant to this section within 180 days of receiving such records unless required by law to retain the records for a longer period or the record relates to a TNC driver who the Division has a reasonable basis to believe is not properly authorized to operate in Delaware.

Legislative History

80 Del. Laws, c. 374, § 1