Penalties [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5606
in effect(a) The Division may impose a civil money penalty of no more than $10,000 per violation in addition to costs on a provider organization that refuses, fails, or neglects to comply with this chapter.
(b) The Division may impose and collect civil money penalties.
(c) A civil money penalty collected under this section is appropriated to the Division for this chapter’s purposes.
(d) If a provider organization fails to pay a civil money penalty imposed by the Division, the Division may add the penalty amount to a required license fee.
(e) Whenever a provider organization exhausts the provider organization’s appeals under this chapter and fails to pay a civil money penalty, the Division may bring a civil action in the Superior Court of this State to collect the penalty, interest on the penalty, attorneys’ fees, and costs. The Court may not review the penalty’s validity, amount, or appropriateness as part of an action brought under this subsection.
(f) The Division may impose any of the following penalties on a provider organization that refuses, fails, or neglects to comply with this chapter:
(1) Require monitoring of a provider organization or the provider organization’s program at the provider organization’s expense. Whenever the Division requires monitoring under this paragraph (f)(1), the Division shall determine the monitoring terms, conditions, and timeframe.
(2) Suspend the admission of clients to a provider organization’s program.
(3) Suspend or revoke a provider organization’s license or refuse the provider organization’s licensure application.
(4) Suspend or revoke a provider organization’s program license or refuse the provider organization’s program licensure application.
(g) The Department may bring an action in the Court of Chancery to enjoin a provider organization from engaging in activities that threaten the health, welfare, and safety of the provider organization’s clients. If the Court finds the provider organization’s activities create an imminent risk of substantial harm to the provider organization’s clients, the Court may grant a temporary restraining order.
(h) Whenever the Department reasonably believes that a provider organization is acting in a manner that creates an imminent risk of substantial harm to the provider organization’s clients, the Secretary may issue an emergency order temporarily transferring the management of the provider organization’s program to another qualified entity. Whenever the Secretary issues an order under this subsection, the Department shall determine the monitoring terms, conditions, and timeframe.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc01/index.htmlFetched: 10/4/2026