§ 1214 — Penalties [For application of this section, see 81 Del. Laws, c. 73, § 7]

Whoever shall violate any part of § 1213 of this title or any provision of this chapter shall be subject to an administrative penalty not to exceed $500 or imprisonment for a period not to exceed 90 days or both.

(1) Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice requires.

(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.

Legislative History

64 Del. Laws, c. 281, § 1 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 73, § 1