CHAPTER 377

FORMERLY

SENATE BILL NO. 268

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO WEIGHTS AND MEASURES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 51, Title 6 of the Delaware Code by adding a new section thereto to read as follows:

Ҥ5142. Administrative Penalties.

(a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in his discretion, may assess an administrative penalty not less than $500 nor more than $10,000 for each offense.

(b) Prior to assessment of an administrative penalty, written notice of the Secretary’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a hearing. Any hearing, if requested, right of appeal and judicial appeal shall be conducted in accordance with Chapter 101 of Title 29. The Secretary shall render an opinion within 30 days of said hearing.

(c) In determining the amount of the penalty, the Secretary shall consider the appropriateness of such penalty to the size of the person’s ability to continue in business and the gravity of the violation. Whenever the Secretary finds the violation occurred despite the exercise of due care, the Secretary may issue a warning in lieu of assessing a penalty.”

Approved June 30,2000