Current through 2024 Legislative Session Act Chapter 494
Section 4338 - Issuance of license; notice of refusal to issue license; fees not refundable(a) Upon the Department's determination that the application is complete, the applicant has passed all required examinations and is otherwise qualified for the license applied for, the Department shall thereupon issue the license.(b) A bail agent license shall remain in effect: (1) Unless revoked or suspended;(2) As long as the fee set forth in Chapter 7 of this title is paid and educational requirements as established by law or regulation for bail agents are met by the due date; (3) Unless the bail agent fails to procure or maintain in full force and effect a bond required by § 4336 of this title herein; and(4) As long as the license has been renewed in compliance with § 4335 of this subchapter.(c) If a bail agent fails to comply with subsection (b) of this section above, the Department shall, without a hearing, deem the bail agent's license administratively lapsed until the requirements of subsection (b) of this section are met and the bail agent has satisfied all monetary and/or educational obligations and costs necessary under this subchapter to restore the license, provided that such action is taken within 1 year of the date the license is administratively suspended. However, a penalty of double the regular license fee shall be required for any renewal fee received after the due date and within the first 6 months from the due date of the renewal fee. A licensee who does not pay within 6 months of the due date but pays prior to the expiration of 12 months from the due date shall be subject to a fine of not less than $200 and not more than $1,000 prior to the reinstatement of the license. After 1 year, the bail agent's license shall be deemed revoked and the bail agent would be required to reapply for licensure under § 4333 of this title as a new applicant.(d) If the applicant for a bail agent license fails to meet the requirements of this subchapter or any applicable regulation, the Department shall refuse to issue the license and shall notify the applicant of such refusal stating the grounds for the refusal. The applicant may make written demand upon the Commissioner within 10 days for a hearing before the Commissioner to determine the reasonableness of the Commissioner's action. The hearing shall be held pursuant to the Administrative Procedures Act, Chapter 101 of Title 29, and such additional promulgated regulations as may be published by the Commissioner.(e) Any fees required to be paid pursuant to this subchapter are nonrefundable.(f) The license shall contain the licensee's name, address, and personal identification number, and the date of issuance, the lines of authority, and any other information the Department deems necessary.(g) Licensees shall inform the Department by any means approved by the Department of a change of address within 30 days of the change. Failure to timely inform the Department of a change in legal name or address shall result in a penalty pursuant to § 4354(d) of this title. Amended by Laws 2021, ch. 183,s 7, eff. 9/17/2021.Amended by Laws 2013, ch. 177,s 1, eff. 1/1/2014. 76 Del. Laws, c. 394, § 2.;