Delaware Code Title 16 Sec. 1111 – Overlap of state licensing and federal certification penalties
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(a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty.
Terms Used In Delaware Code Title 16 Sec. 1111
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In the event that a civil monetary penalty has been collected by the State and the federal government subsequently collects a penalty for the same conditions, the State shall refund the previously collected penalty.
71 Del. Laws, c. 488, § ?2; 72 Del. Laws, c. 428, § ?1; 81 Del. Laws, c. 206, § 12;