reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8504. Disclosure requirement.

§ 8504. Disclosure requirement.
(a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the Commissioner a Corporate Governance Annual Disclosure (CGAD) that contains the information described in § 8506(b) of this title. Notwithstanding any request from the Commissioner made pursuant to subsection (c) of this section below, if the insurer is a member of an insurance group, the insurer shall submit the report required in this section to the Commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC.
(b) The CGAD must include a signature of the insurer or insurance group's chief executive officer or corporate secretary attesting to the best of that individual's belief and knowledge that the insurer has implemented the corporate governance practices and that a copy of the disclosure has been provided to the insurer's board of directors or the appropriate committee thereof.
(c) An insurer not required to submit a CGAD under this section shall do so upon the Commissioner's request.
(d) For purposes of completing the CGAD, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group is encouraged to make the CGAD disclosures at the level at which the insurer's or insurance group's risk appetite is determined, or at which the earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively and at which the supervision of those factors are coordinated and exercised, or the level at which legal liability for failure of general corporate governance duties would be placed. If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate which of the 3 criteria was used to determine the level of reporting and explain any subsequent changes in level of reporting.
(e) The review of the CGAD and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook referenced in subsection (a) of this section.
(f) Insurers providing information substantially similar to the information required by this chapter in other documents provided to the Commissioner, including proxy statements filed in conjunction with Form B requirements, or other state or federal filings provided to this Department shall not be required to duplicate that information in the CGAD, but shall only be required to cross reference the document in which the information is included.
81 Del. Laws, c. 119, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8506. Contents of corporate governance annual disclosure.

§ 8506. Contents of corporate governance annual disclosure.
(a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies and practices. The Commissioner may request additional information that he or she deems material and necessary to provide the Commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies.
(b) Notwithstanding subsection (a) of this section above, the CGAD shall be prepared consistent with the Corporate Governance Annual Disclosure Model Regulation to be promulgated by the Commissioner. Documentation and supporting information shall be maintained and made available upon examination by or upon request of the Commissioner.
81 Del. Laws, c. 119, § 1;  70 Del. Laws, c. 186, §   1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8508. NAIC and third-party consultants.

§ 8508. NAIC and third-party consultants.
(a) The Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing the CGAD and related information or the insurer's compliance with this chapter.
(b) Any persons retained under subsection (a) of this section shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity.
(c) The NAIC and third-party consultants shall be subject to the same confidentiality standards and requirements as the Commissioner.
(d) As part of the retention process, a third-party consultant shall verify to the Commissioner, with notice to the insurer, that it is free of a conflict of interest and that it has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this chapter.
(e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this chapter shall contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this chapter:
(1) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this chapter;
(2) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality;
(3) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the Department and the NAIC's or third-party consultant's use of the information is subject to the direction of the Commissioner;
(4) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed;
(5) A provision requiring the NAIC or third-party consultant to provide prompt notice to the Commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and
(6) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or third-party consultant pursuant to this chapter.
81 Del. Laws, c. 119, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8509. Sanctions.

§ 8509. Sanctions.
Any insurer failing, without just cause, to timely file the CGAD as required in this chapter shall be required, after notice and hearing, to pay a penalty of $500 for each day's delay, to be recovered by the Commissioner and the penalty so recovered shall be paid into the General Fund. The maximum penalty under this section is $25,000. The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
81 Del. Laws, c. 119, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8510. Severability clause.

§ 8510. Severability clause.
If any provision of this chapter other than § 8507 of this title, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter, with the exception of § 8507 of this title, are severable.
81 Del. Laws, c. 119, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 86. Insurance Data Security Act › § 8602. Purpose and intent.

§ 8602. Purpose and intent.
(a) Notwithstanding any other provision of law, this chapter establishes the exclusive state standards for data security and the investigation of, and notification to, the Commissioner and consumers when a cybersecurity event involving a licensee under this title occurs.
(b) This chapter may not be construed to create or imply a private cause of action for violation of its provisions, nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this chapter.
82 Del. Laws, c. 176, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 86. Insurance Data Security Act › § 8605. Investigation of a cybersecurity event.

§ 8605. Investigation of a cybersecurity event.
(a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation.
(b) During an investigation under this section, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall, at a minimum, do as much of the following as possible:
(1) Determine whether a cybersecurity event has occurred.
(2) Assess the nature and scope of the cybersecurity event.
(3) Identify the nonpublic information that may have been involved in the cybersecurity event.
(4) Perform or oversee reasonable measures to restore the security of the information system compromised in the cybersecurity event to prevent further unauthorized acquisition, release, or use of nonpublic information that is in the licensee's possession, custody, or control.
(c) If a licensee provides nonpublic information to a third-party service provider and learns that a cybersecurity event has or may have occurred in a system that the third-party service provider maintains, the licensee shall complete the steps listed in subsection (b) of this section or make reasonable efforts to confirm and document that the third-party service provider has completed the steps.
(d) A licensee shall maintain records concerning a cybersecurity event for a period of at least 5 years from the date of the cybersecurity event and shall produce those records upon the Commissioner's demand.
82 Del. Laws, c. 176, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 86. Insurance Data Security Act › § 8607. Power of Commissioner.

§ 8607. Power of Commissioner.
(a) The Commissioner may examine and investigate the affairs of a licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. The Commissioner's power under this section is in addition to the powers the Commissioner has under § 318 of this title. An examination or investigation must be conducted under § 320 through § 322 of this title.
(b) If the Commissioner has reason to believe that a licensee has been or is engaged in conduct in this State that violates this chapter, the Commissioner may take necessary or appropriate action to enforce the provisions of this chapter.
82 Del. Laws, c. 176, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 86. Insurance Data Security Act › § 8609. Exceptions.

§ 8609. Exceptions.
(a) The following exceptions apply to this chapter:
(1) A licensee with fewer than 15 employees is exempt from § 8604 of this chapter.
(2) A licensee subject to the Health Insurance Portability and Accountability Act [P.L. 104-191, as amended] that has established and maintains an information security program under the statutes, rules, regulations, procedures, or guidelines established thereunder, is considered to meet the requirements of § 8604 of this title, if the licensee is compliant with, and submits a written statement certifying its compliance, the same.
(3) A licensee's employee, agent, representative, or designee, who is also a licensee, is exempt from § 8604 of this title and is not required to develop the employee's, agent's, representative's, or designee's own information security program to the extent that the employee, agent, representative or designee is covered by the other licensee's information security program.
(b) Nothing in this chapter creates a duty or liability for a provider of communication services for the transmission of voice, data, or other information over its network.
(c) If a licensee ceases to qualify for an exception under this section, the licensee has 180 days to comply with this chapter.
82 Del. Laws, c. 176, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 87. The Delaware Health Insurance Individual Market Stabilization Reinsurance Program › § 8701. Definitions.

§ 8701. Definitions.
As used in this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meaning ascribed to them in this section:
(1) “Affordable Care Act” means the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001 et seq.
(2) “Assessment” means any payment required to be made under § 8703 of this title.
(3) “Carrier” means any entity that provides health insurance in this State. For the purposes of this chapter, carrier includes an insurance company, health service corporation, health maintenance organization, managed care organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation.
(4) “Commission” and “DHCC” mean the Delaware Health Care Commission created pursuant to § 9902 of Title 16.
(5) “Commissioner” means the Insurance Commissioner of the State of Delaware.
(6) “Department” means the Delaware Department of Insurance.
(7) “Individual health benefit plan” means any policy offered in the individual market that is subject to the single risk pool requirements of § 1312(c)(1) of the Affordable Care Act [42 U.S.C. § 18032(c)(1)].
(8) “Program” means the Delaware Health Insurance Individual Market Stabilization Reinsurance Program created by § 9903(g) of Title 16.
82 Del. Laws, c. 61, § 2;  83 Del. Laws, c. 37, § 22;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 87. The Delaware Health Insurance Individual Market Stabilization Reinsurance Program › § 8702. Applicability and scope.

§ 8702. Applicability and scope.
(a) This chapter shall apply to the following licensees:
(1) Any carrier, as defined under §  8701 of this title.
(2) Any other person or entity subject to regulation by the State that provides products that may be subject to an assessment by the State under this chapter.
(b) This chapter shall not apply to plans of health insurance or health benefits designed for issuance to persons eligible for coverage under Titles XVIII, XIX, and XXI of the Social Security Act (42 U.S.C. §§ 1395 et seq., 1396 et seq., and 1397aa et seq.), known as Medicare, Medicaid; Chapter 52 of Title 29; or any other similar coverage under state or federal governmental plans.
(c) This chapter shall not apply to stand-alone dental insurance, stand-alone vision insurance, long-term care insurance, disability income insurance and all accident-only insurance.
82 Del. Laws, c. 61, § 2;  83 Del. Laws, c. 283, § 31;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 87. The Delaware Health Insurance Individual Market Stabilization Reinsurance Program › § 8703. Delaware Health Insurance Individual Market Stabilization and Reinsurance Program assessment.

§ 8703. Delaware Health Insurance Individual Market Stabilization and Reinsurance Program assessment.
(a) The purpose of this section is to establish a funding mechanism for the Delaware Health Insurance Individual Market Stabilization and Reinsurance Program created by § 9903(g) of Title 16.
(b) Following successful approval of Delaware's § 1332 [42 U.S.C. § 18052] waiver application under the Affordable Care Act by the Centers for Medicare and Medicaid Services and beginning in calendar year 2020, any carrier subject to this chapter shall be assessed 2.75% annually on all amounts used to calculate the entity's premium tax liability or the amount of the entity's premium tax exemption value for the previous calendar year.
(c) Each carrier, entity, or person subject to the assessment pursuant to this section shall submit payment to the Delaware Department of Insurance on or before March 1 of each year.
(d) Upon receipt of the funds paid to the Department pursuant to subsection (c) of this section, the Commissioner shall remit the total amount to the Commission to be held on reserve for the funding and administering of the Program in accordance with § 9903(g) of Title 16.
(e) [Repealed.]
(f) In the event Delaware's § 1332 [42 U.S.C. § 18052] waiver under the Affordable Care Act is invalidated, revoked, or expires by the Centers for Medicare and Medicaid Services, Delaware may no longer collect the assessment defined under this section.
(g) The State may not hold more than 5 years of operating and administrative funds to cover the Program. In the event collections exceed that amount, the State must notify the carriers that the following year's assessment will be waived.
(h) Funding deposited into the Delaware Health Insurance Individual Market Stabilization Reinsurance Fund shall be used by the Department of Health and Social Services, in conjunction with the Department, to operate and administer the Fund, and such funding shall also be used by the Department of Health and Social Services to secure federal matching funds available through § 1332 of the Affordable Care Act [42 U.S.C. § 18052].
(i) In the event that funding is insufficient to cover the administration and operations of the Program, the Department of Health & Social Services may suspend the program until funding is identified and secured.
82 Del. Laws, c. 61, § 2;  83 Del. Laws, c. 283, § 32;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 88. Pet Insurance Act › § 8802. Scope and purpose.

§ 8802. Scope and purpose.
(a) The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold in Delaware.
(b) This chapter applies to all of the following:
(1) A pet insurance policy that is issued to a resident of Delaware.
(2) A pet insurance policy that is sold, solicited, negotiated, or offered in Delaware.
(3) A pet insurance policy or certificate that is delivered or issued for delivery in Delaware.
(c) An applicable provision of Delaware's insurance law other than under this chapter applies to pet insurance, except that a provision of this chapter supersedes a general provision of law that would otherwise be applicable to pet insurance.
84 Del. Laws, c. 184, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 88. Pet Insurance Act › § 8803. Definitions; use of defined terms in policies.

§ 8803. Definitions; use of defined terms in policies.
(a) As used in this chapter:
(1) “Chronic condition” means a condition that can be treated or managed, but not cured.
(2) “Congenital anomaly or disorder” means a condition that is present from birth, whether inherited or caused by the environment, which may cause or contribute to illness or disease.
(3) “Hereditary disorder” means an abnormality that is genetically transmitted from parent to offspring and may cause illness or disease.
(4) “Orthopedic” refers to a condition affecting the bone, skeletal muscle, cartilage, tendon, ligament, or joint. “Orthopedic” includes elbow dysplasia, hip dysplasia, intervertebral disc degeneration, patellar luxation, or ruptured cranial cruciate ligament. “Orthopedic” does not include a cancer or a metabolic, hemopoietic, or autoimmune disease.
(5) “Pet insurance” means a property insurance policy that provides coverage for accidents or illnesses, or both, of a pet.
(6) “Preexisting condition” means a condition for which any of the following are true prior to the effective date of a pet insurance policy or during a waiting period:
a. A veterinarian provided medical advice.
b. The pet received previous treatment.
c. Based on information from verifiable sources, the pet had signs or symptoms directly related to the condition for which a claim is being made.
(7) “Renewal” means to issue and deliver at the end of an insurance policy period a policy which supersedes a policy previously issued and delivered by the same pet insurer or affiliated pet insurer and which provides types and limits of coverage substantially similar to those contained in the policy being superseded.
(8) “Veterinarian” means an individual who holds a valid license to practice veterinary medicine from the appropriate licensing entity in the jurisdiction in which the individual practices.
(9) “Veterinary expenses” means the costs associated with medical advice, diagnosis, care, or treatment that a veterinarian provides, including the cost of a drug a veterinarian prescribes.
(10) “Waiting period” means the period of time specified in a pet insurance policy that is required to transpire before some or all of the coverage in the policy can begin.
(11) “Wellness program” means a subscription or reimbursement-based program that is separate from an insurance policy that provides goods and services to promote the general health, safety, or wellbeing of a pet.
(b) If a pet insurer uses a term under this chapter in a policy of pet insurance, the pet insurer shall use the term's definition under this chapter and include the term's definition in the policy. The pet insurer shall make the definition available through a clear and conspicuous link on the main page of the pet insurer or pet insurer's program administrator's website.
(c) Nothing in this chapter prohibits or limits the type of exclusion a pet insurer may use in the pet insurers' policy or requires a pet insurer to have a limitation or exclusion under this chapter.
84 Del. Laws, c. 184, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 88. Pet Insurance Act › § 8805. Policy conditions.

§ 8805. Policy conditions.
(a) (1) A pet insurer may issue a policy that excludes coverage on the basis of 1 or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is being made.
(2) A condition for which coverage is afforded on a policy may not be considered a preexisting condition on a renewal of the policy.
(b) A pet insurer may issue a policy that imposes a waiting period on effectuation of the policy that does not exceed 30 days for an illness or orthopedic condition not resulting from an accident. A waiting period for accidents is prohibited.
(1) A pet insurer utilizing a waiting period permitted under this subsection (b) shall include a provision in the contract that allows the waiting period to be waived upon completion of a medical examination. A pet insurer may require the examination to be conducted by a licensed veterinarian after the purchase of the policy.
a. The policyholder must pay for a medical examination under subsection (b) of this section, unless the policy specifies that the pet insurer must pay for the examination.
b. A pet insurer may specify an element to be included as part of the examination and require documentation thereof, but a specification may not unreasonably restrict a consumer's ability to waive a waiting period under subsection (b) of this section.
(2) A waiting period, and a requirement applicable to a waiting period, must be clearly and prominently disclosed to consumers prior to the policy purchase.
(3) A waiting period may not be applied to a renewal of existing coverage.
(c) A pet insurer may not require a veterinary examination of the covered pet for the insured to have the insured's policy renewed.
(d) If a pet insurer includes a prescriptive, wellness, or noninsurance benefit in the policy form, the benefit is made part of the policy contract and must follow applicable laws and regulations under this title.
(e) An insured's eligibility to purchase a pet insurance policy must not be based on participation, or lack of participation, in a separate wellness program.
84 Del. Laws, c. 184, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 88. Pet Insurance Act › § 8806. Sales practices for wellness programs.

§ 8806. Sales practices for wellness programs.
(a) A pet insurer or insurance producer may not market a wellness program as pet insurance.
(1) If a wellness program undertakes to indemnify or pay another as to loss from a certain specified contingency or peril, or to pay or grant a specified amount or determinable benefit in connection with an ascertainable risk contingency, the wellness program is transacting in the business of insurance and is subject to the Insurance Code.
(2) The definition for “wellness program” under § 8803 of this title does not classify a contract directly between a service provider and a pet owner that involves only the 2 parties as being “the business of insurance,” unless another indication of insurance also exists.
(b) If a pet insurer or insurance producer sells a wellness program, all of the following apply:
(1) The purchase of the wellness program must not be a requirement to the purchase of pet insurance.
(2) The cost of the wellness program must be separate and identifiable from a pet insurance policy that a pet insurer or insurance producer sells.
(3) The terms and conditions for the wellness program must be separate from a pet insurance policy that a pet insurer or insurance producer sells.
(4) A product or coverage available through the wellness program may not duplicate a product or coverage available through the pet insurance policy.
(5) The advertising of the wellness program must not be misleading and must meet the requirements of this subsection.
(6) A pet insurer or producer shall clearly disclose all of the following to consumers, printed in 12-point boldface type:
a. That a wellness program is not insurance.
b. The address and customer service telephone number of the pet insurer or insurance producer or broker of record.
c. The Department of Insurance's mailing address, toll-free telephone number, and website address.
(c) Coverage included in a pet insurance policy contract described as a “wellness” benefit is insurance.
84 Del. Laws, c. 184, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 88. Pet Insurance Act › § 8807. Insurance producer training.

§ 8807. Insurance producer training.
(a) An insurance producer may not sell, solicit, or negotiate a pet insurance product until after the producer is appropriately licensed and has completed the required training under subsection (c) of this section.
(b) An insurer must ensure that the insurer's insurance producer is trained under subsection (c) of this section and that the insurance producer is appropriately trained on the coverage and condition of the insurer's pet insurance product.
(c) Training required under this section must include information on all of the following:
(1) A preexisting condition and waiting period.
(2) The difference between pet insurance and a noninsurance wellness program.
(3) A hereditary disorder, congenital anomaly, or disorder and chronic condition and how a pet insurance policy interacts with the disorder, anomaly, or condition.
(4) Rating, underwriting, renewal and any other related administrative topic.
(d) The satisfaction of the training requirement of another state that is substantially similar to subsection (c) of this section satisfies the training requirement under this chapter. The Commissioner shall determine whether the training of another state meets the requirements of this subsection.
84 Del. Laws, c. 184, § 1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 101. Definitions; exclusions.

§ 101. Definitions; exclusions.
(a) As used in this chapter:
(1) “Board” means the Industrial Accident Board.
(2) “Department” means the Department of Labor.
(3) “Employer” includes any person, excepting those provided for in subsection (b) of this section, acting directly or indirectly in the interest of any employer in relation to any employee but shall not include the United States or the State or any political subdivision thereof.
(4) “Person” means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons.
(5) “Secretary” or “Secretary of Labor” shall mean the Secretary of Labor or the Secretary's authorized designee, provided, that any such delegation of authority is consistent with Chapter 85 of Title 29.
(b) Persons in the following occupations, and employers of persons engaged in these occupations to the extent thereof, shall not be within the scope of this chapter and are specifically excepted from all the provisions of this chapter:
Baby-sitting, domestic help, agriculture, fishing and hunting.
19 Del. C. 1953, §  101;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1A;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  64;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 102. Office; hearings.

§ 102. Office; hearings.
The Department shall keep such suitable office as shall best meet the convenience of the Department and the public. The Department or its authorized representative may hold hearings at any place within the State that the convenience of the Department and of the parties in interest may require.
19 Del. C. 1953, §  103;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1B;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 103. Regulation of child labor.

§ 103. Regulation of child labor.
The Secretary of Labor may visit and inspect at any time any establishment in this State to ascertain whether any children are employed therein contrary to Chapter 5 of this title, and the Secretary shall make complaint against and shall prosecute any person violating such chapter.
19 Del. C. 1953, §  109;  53 Del. Laws, c. 259;  57 Del. Laws, c. 604, §  1;  57 Del. Laws, c. 669, §  1C;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 104. Preparation of certificates, papers and abstracts.

§ 104. Preparation of certificates, papers and abstracts.
The Department shall formulate and have printed certificates and papers required in the issuing of employment certificates and the abstracts of the law relating to the hours of child labor in this State.
19 Del. C. 1953, §  111;  53 Del. Laws, c. 259;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 233, § 41;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 105. Duties and powers of the Department; fees; Department of Labor Research Fund.

§ 105. Duties and powers of the Department; fees; Department of Labor Research Fund.
(a) In addition to such other duties and powers which may be conferred upon it by law, the Department may:
(1) Administer all labor laws in this State;
(2) Direct to the attention of the Attorney General of this State, with a request for the necessary enforcement action, all violations under the terms of this chapter;
(3) Collect, compile and analyze statistical information with respect to, and report upon the conditions of, labor generally, and upon all matters relating to the enforcement and effect of this chapter;
(4) Collect fees for research activities it conducts pursuant to this section, the amounts of said fees to approximate and reasonably reflect the costs of such activities;
(5) Propose to the Industrial Accident Board such rules or changes in rules as may be deemed advisable, either procedural or substantive;
(6) Do all in its power to promote the voluntary arbitration, mediation and conciliation of disputes between employers and employees; provided, however, that neither the Department nor any of its representatives shall have the authority, under either this section or §§ 110 and 111 of this title, to make any public recommendation for the settlement of any specific labor dispute, or to make any public statement as to the merits of such dispute, prior to the final settlement thereof;
(7) Promote voluntary apprenticeship through cooperation with the United States Department of Labor;
(8) Make, amend and repeal regulations necessary for the internal administration of the Department, and for the proper conduct of any necessary hearings before the Department or its authorized agents. The members of the Department shall not be bound by technical rules of evidence in the conduct of such hearings.
(b) Any fees collected by the Department of Labor for its research service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund, entitled “Department of Labor Research Fund,” from which necessary expenses of the Department of Labor shall be paid for analyses of labor force, employment, unemployment and occupational and industrial change upon proper vouchers signed by the Secretary of the Department of Labor. The Department of Labor Research Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 135th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of the Department of Labor's Research Fund on or before June 30, 1992. The Department of Labor shall annually, on or before January 31, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially, on or before January 31, to the members of the General Assembly.
19 Del. C. 1953, §  112;  53 Del. Laws, c. 259;  67 Del. Laws, c. 448, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 106. Rules relating to accidents and industrial diseases.

§ 106. Rules relating to accidents and industrial diseases.
(a) The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.
(b) Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once, not less than 10 days prior thereto, in such newspaper or newspapers as the Department may prescribe. All rules and all amendments and repeals thereof shall, unless otherwise prescribed by the Department, take effect 30 days after the first publication thereof and shall be filed in the office of the Secretary of State.
(c) Every rule adopted and every amendment or repeal thereof shall be published in such manner as the Department may determine and a copy shall be delivered to every person making application therefor. The text of each rule, or amendment thereto, shall be included in an appendix to the annual report of the Department next following the adoption or amendment of such rule.
(d) If there should be practical difficulties or unnecessary hardship in carrying out a rule of the Department made pursuant to this section, the Department may, after public hearing, make variation from such requirement if the spirit of the rule and law shall be observed. Any person affected by such rule, or that person's agent, may petition the Department for such variation stating the grounds therefor. The Department shall fix a day for a hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the Department and shall be open to public inspection.
(e) Any person aggrieved by a rule made pursuant to this section may petition the Department for a review of the reasonableness or validity of such rule. The Department may join in 1 proceeding all petitions alleging invalidity or unreasonableness of the same rule. The Department may order a hearing if necessary to determine the issues raised. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Department may determine. The decision of the Department shall be final unless, within 30 days after the decision is filed with the Department, one of the parties commences an action as provided in § 109 of this title.
(f) In the formulation of rules and regulations under this section the Department shall seek the advice of the Industrial Accident Board.
19 Del. C. 1953, §  113;  53 Del. Laws, c. 259;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 107. Inspection of records; duty to furnish information.

§ 107. Inspection of records; duty to furnish information.
(a) The members of the Department and its authorized representatives may enter at reasonable times, so as not to unduly hinder the conduct of the business, any place of employment for the purpose of inspecting records and collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all labor laws of the State. No employer or owner shall refuse to admit the members of the Department, or its authorized representatives, to the employer's or owner's place of employment, provided the admission requested is not at an unreasonable time.
(b) Any person who hinders or delays the members of the Department, or its authorized representatives in the performance of their duties, in the enforcement of this chapter or any law which it is the power or duty of the Department to enforce; or who refuses to admit, at reasonable times, the members of the Department, or its authorized representatives to any place of employment; or who fails to give information lawfully required for the proper enforcement of any law, upon demand of the members of the Department, or its authorized representatives; and any employer who fails or refuses to make records relating to the employment of workers accessible, or who falsifies such records or who refuses to furnish a sworn statement thereof, upon demand of the Department or its authorized representatives, shall be deemed to have violated this section.
19 Del. C. 1953, §  114;  53 Del. Laws, c. 259;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 108. Power as to witnesses; seal; evidence; procedure.

§ 108. Power as to witnesses; seal; evidence; procedure.
The Department, and any officer of the Department designated by the Department, in the performance of any duty or the execution of any power prescribed by law, may administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records and testimony. In case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which the witness may be lawfully interrogated, the Department may request the Attorney General of this State to prosecute such person before the Superior Court of this State. If such person shall be found guilty that person shall be deemed to have been in contempt of that Court and shall be punished by that Court in the same fashion as that Court punishes any contempt thereof.
19 Del. C. 1953, §  115;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 109. Review of rules by Superior Court.

§ 109. Review of rules by Superior Court.
Any person whose interest is affected thereby may commence an action in the Superior Court of this State, in any of the 3 counties against the Department as defendant to determine the reasonableness and validity of any rule made pursuant to § 106 of this title, provided that no such action may be brought except as an appeal from the determination of the Department and within the time for such appeal, both as provided in § 106(e) of this title. Such action and pleadings thereon shall be governed by the laws and rules of practice applicable to other civil actions.
19 Del. C. 1953, §  116;  53 Del. Laws, c. 259.;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 110. Declaration of policy as to labor disputes.

§ 110. Declaration of policy as to labor disputes.
It is declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes; that strikes and lockouts and other forms of industrial strife, regardless where the merits of the controversy lie, are forces productive ultimately of economic waste; that the interests and rights of the consumers and the people of the State, while not direct parties thereto, should always be considered, respected and protected; and that the voluntary mediation of such disputes under the guidance and supervision of a governmental agency will tend to promote permanent industrial peace and the health, welfare, comfort and safety of the people of the State. To carry out such policy, the necessity for the enactment of this chapter is declared as a matter of legislative determination.
19 Del. C. 1953, §  117;  53 Del. Laws, c. 259.;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 111. Labor disputes; powers and duties of Secretary.

§ 111. Labor disputes; powers and duties of Secretary.
(a) Upon the Secretary's own motion, in an existing, imminent or threatened labor dispute, the Secretary may, and, upon the request of the parties or either party to the dispute, the Secretary must take such steps as the Secretary may deem expedient to effect a voluntary, amicable and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in or threaten to precipitate or culminate in such labor dispute. To this end, it shall be the duty of the Secretary to:
(1) Arrange for, hold, adjourn or reconvene a conference or conferences between the disputants or 1 or more of their representatives or any of them;
(2) Invite the disputants or their representatives or any of them to attend such conference and submit, either orally or in writing, the grievances of and differences between the disputants;
(3) Discuss such grievances and differences with the disputants and their representatives; and
(4) Assist in negotiating and drafting agreements for the adjustment in settlement of such grievances and differences and for the termination or avoidance, as the case may be, of the existing or threatened labor dispute.
In carrying out any of its work under this chapter, the Secretary may designate 1 of the members of the Department or an employee of the Department to act in the Secretary's own behalf and may delegate to such designee 1 or more of the Secretary's duties under this section and, for such purpose, such designee shall have all of the powers conferred by this section upon the Secretary in connection with the discharge of the duty or duties so delegated.
(b) The Secretary may also appoint and designate other persons or groups of persons to act for and on the Secretary's behalf and may delegate to such persons or groups of persons any and all of the power conferred upon the Secretary by this chapter so far as it is reasonably necessary to effectuate the purposes of this chapter. Such persons shall serve without compensation but shall be reimbursed for any necessary expenses.
19 Del. C. 1953, §  120;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1D;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 112. Strike rights not to be impeded.

§ 112. Strike rights not to be impeded.
Nothing in this chapter shall be construed to interfere with, impede or diminish in any way the right of employees to strike or engage in other lawful concerted activities.
19 Del. C. 1953, §  122;  53 Del. Laws, c. 259.;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 113. Rules for mediation of labor disputes.

§ 113. Rules for mediation of labor disputes.
The Secretary may adopt, alter, amend or repeal such rules in connection with the voluntary mediation of labor disputes as may be necessary for the proper administration and enforcement of this chapter.
19 Del. C. 1953, §  123;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1D;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 114. Chapter does not diminish constitutional rights.

§ 114. Chapter does not diminish constitutional rights.
Nothing contained in this chapter shall be construed as interfering with, impeding or diminishing in any way any right guaranteed by law or by the Constitution of the State or of the United States.
19 Del. C. 1953, §  124;  53 Del. Laws, c. 259.;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 115. Enforcement by Attorney General.

§ 115. Enforcement by Attorney General.
It shall be the duty of the Attorney General of this State upon request of the Department of Labor, or any of its authorized representatives, to prosecute any violation of the law or of any rule which it is made the duty of the Department to enforce; provided the Department may, upon its own initiative, bring all necessary suits and institute such prosecutions as may be necessary properly to enforce this chapter, and shall not be required to give bond for costs or otherwise, in the event of appeal.
19 Del. C. 1953, §  125;  53 Del. Laws, c. 259;  57 Del. Laws, c. 669, §  1E;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 116. Penalties.

§ 116. Penalties.
Any person who violates or fails or refuses to comply with §§ 101-115, inclusive, of this title, or any lawful order of the Department or any judgment or decree made by any court in connection with this chapter for which no penalty has been otherwise provided, shall be assessed a civil penalty of not less than $1,000 nor more than $5,000 for each such violation; and each day such violation, omission, failure or refusal continues after notification or entry of the decree of a court shall be deemed a separate violation. A civil penalty claim may be filed in any court of competent jurisdiction.
19 Del. C. 1953, §  126;  53 Del. Laws, c. 259;  67 Del. Laws, c. 260, §  1;  69 Del. Laws, c. 294, §§  1, 2;
2023 Delaware Code › Title 19 - Labor › Chapter 1. DEPARTMENT OF LABOR › § 117. State and federal cooperation.

§ 117. State and federal cooperation.
The Department may assist and cooperate with the Wage-Hour and Public Contracts Divisions and the United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938 [29 U.S.C. § 201 et seq.], approved June 25, 1938, and, subject to the regulations of the Administrator of such Divisions, as the case may be, and the laws of the State applicable to the receipt and expenditures of moneys, may be paid or reimbursed by said Divisions for the reasonable cost of such assistance and cooperation.
19 Del. C. 1953, §  128;  53 Del. Laws, c. 259.;