§ 511 — Licensing agents; bond requirement; service charge; regulations

Delaware § 511

• Jurisdiction: Delaware
• Title: 7
• Part: Game, Wildlife and Dogs
• Ch. 5: LICENSES
• Subch.: Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees

Text

(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of the licenses, permits, tags, passes, and stamps authorized by subchapter I of this chapter.

(b) Licensing agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses, permits, tags, passes, and stamps.

(c) Licensing agents may add a service charge to the required fee for a license, permit, tag, pass, or stamp, provided the service charge does not exceed $1.50 for a license, $1.50 for a permit, $1.50 for a tag, $1.50 for a pass, or $1.00 for a stamp. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers.

(d) Notwithstanding subsection (c) of this section, a licensing agent offering automated licensing may be authorized by the Department to add a service charge of up to $4.00 to the required fee for a license. License applicants, prior to their purchase of licenses through an automated system, shall be notified of the applicable service charge.

(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.

(f) (1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized by the Department as a licensing agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:

a. The act or omission complained of arose out of and in connection with the performance of the licensing agent’s official duties set forth in this title or the rules or regulations of the Department;

b. The act or omission complained of was done in good faith and in the belief that the licensing agent was acting in accordance with its official duties set forth in this title or the rules or regulations of the Department; and

c. The act or omission complained of was done without gross or wanton negligence.

(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this subsection.

(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to indemnify or to reimburse any licensing agent for costs of defending any civil suit or proceeding brought against the licensing agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to provide legal representation to any licensing agent in any civil suit or proceeding brought against the licensing agent.

Legislative History

26 Del. Laws, c. 162, § 3 ; 26 Del. Laws, c. 164, § 15 ; 27 Del. Laws, c. 154 ; 27 Del. Laws, c. 155, § 3 ; Code 1915, § 2360; 40 Del. Laws, c. 191, § 3 ; Code 1935, § 2806; 42 Del. Laws, c. 130, § 1 ; 7 Del. C. 1953, § 513; 57 Del. Laws, c. 739, § 38 ; 58 Del. Laws, c. 104 ; 62 Del. Laws, c. 212, § 1 ; 71 Del. Laws, c. 443, § 1 ; 73 Del. Laws, c. 375, § 7 ; 74 Del. Laws, c. 320, § 1 ; 80 Del. Laws, c. 333, § 4