Delaware Code Title 16 Sec. 9308 – Sanctions
(a) Any person undertaking an activity subject to review as described in § 9304 of this title, without first being issued a Certificate of Public Review for that activity, shall have its license or other authority to operate denied, revoked or restricted as deemed appropriate by the responsible licensing or authorizing agency of the State and an order in writing to such effect shall be issued by that licensing or authorizing agency.
Terms Used In Delaware Code Title 16 Sec. 9308
- Board: shall mean the Delaware Health Resources Board established pursuant to § 9303 of this title. See Delaware Code Title 16 Sec. 9302
- Certificate of Public Review: shall mean the written approval of an application to undertake an activity subject to review as described in § 9304 of this title. See Delaware Code Title 16 Sec. 9302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state or political subdivision or instrumentality (including a municipal corporation) of a state. See Delaware Code Title 16 Sec. 9302
- 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 addition to subsection (a) of this section, the Board or any adversely affected health care facility may maintain a civil action in the Court of Chancery to restrain or prohibit any person from undertaking an activity subject to review as described in § 9304 of this title without first being issued a Certificate of Public Review.
(c) A person who wilfully undertakes an activity subject to review as described in § 9304 of this title and who has not received a Certificate of Public Review for that activity shall be fined not less than $500 nor more than $2,500 for each offense and each day of a continuing violation after notice of violation shall be considered a separate offense. The Superior Court shall have jurisdiction over criminal violations under this subsection.
61 Del. Laws, c. 393, § ?1; 66 Del. Laws, c. 90, § ?1; 69 Del. Laws, c. 251, § ?1; 72 Del. Laws, c. 64, § ?1;