reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-407. Common interest community securities.

§§ 81-407. Common interest community securities.
If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not a security under Delaware law.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-408. Purchaser's right to cancel.

§§ 81-408. Purchaser's right to cancel.
(a) A person required to deliver a public offering statement pursuant to § 81-402(c) of this title shall provide a purchaser with a copy of the public offering statement and all amendments thereto before conveyance of the unit, and not later than the date of any contract of sale. Unless such a purchaser is given the public offering statement more than 5 days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within 5 days after first receiving the public offering statement.
(b) If a purchaser elects to cancel a contract pursuant to subsection (a) of this section, the purchaser may do so by notice to the offeror. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.
(c) Anything to the contrary in this chapter notwithstanding, any declarant, dealer, or unit owner who entered into a contract with a purchaser for a unit on or before the effective date shall not be subject to any of the provisions of this section and no such purchaser shall be entitled to exercise any of the rights and remedies against such declarant, dealer or unit owner under this section.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  15;  77 Del. Laws, c. 91, §§  68-70, 82;  83 Del. Laws, c. 173, § 13;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-410. Escrow of deposits.

§§ 81-410. Escrow of deposits.
Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to § 81-402(c) of this title must be placed in escrow and held either in this State or in an account designated solely for that purpose by an attorney or a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until:
(i) delivered to the declarant at closing; (ii) delivered to the declarant because of the purchaser's default under a contract to purchase the unit; or (iii) refunded to the purchaser. An escrow agent acting in good faith and in accordance with the terms of the escrow shall have no liability for the disposition of the fund.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-411. Release of liens.

§§ 81-411. Release of liens.
(a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to § 81-402(c) of this title, a seller
(1) Shall have the subject property released from all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:
(i) In a condominium, that unit and its common element interest, and
(ii) In a cooperative or planned community, that unit and any limited common elements assigned thereto, or
(2) Shall provide a surety bond or substitute collateral for or insurance against the lien as provided for liens on real estate.
(b) Before conveying real estate to the association, the declarant shall have that real estate released from:
(1) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and (2) all other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  76, 82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-413. Express warranties of quality.

§§ 81-413. Express warranties of quality.
(a) Express warranties made by a declarant to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any affirmation of fact or promise in writing which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit and related rights and uses will substantially conform to the affirmation or promise in all material respects;
(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will substantially conform to the model or description in all material respects unless the model or description discloses that it is only proposed or is subject to change;
(3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys, creates an express warranty that the common interest community will substantially conform to the description in all material respects, subject to customary tolerances; and
(4) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful in all material respects.
(b) Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant.
(d) The warranties set out in this section are intended to supplement, not supersede or replace, any other statutory construction warranty requirements. To the extent that there is a conflict between such other statutory construction warranty requirements and this section, the provision most favorable to the purchaser shall prevail.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-414. Implied warranties of quality.

§§ 81-414. Implied warranties of quality.
(a) A declarant and any dealer warrants that a unit, other than a unit not yet constructed or under construction at the time of contracting, will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
(b) A declarant and any dealer impliedly warrants that a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by the declarant or dealer, or made by any person before the creation of the common interest community, will be:
(1) Free from defective materials; and
(2) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.
(c) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(d) Warranties imposed by this section may be excluded or modified as specified in § 81-415 of this title.
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.
(g) The warranties set out in this section are intended to supplement, not supersede or replace, any other statutory construction warranty requirements. To the extent that there is a conflict between such other statutory construction warranty requirements and this section, the provision most favorable to the purchaser shall prevail.
76 Del. Laws, c. 422, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-415. Exclusion or modification of implied warranties of quality.

§§ 81-415. Exclusion or modification of implied warranties of quality.
(a) Except as limited by subsection (b) of this section with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:
(1) May be excluded or modified by agreement of the parties; and
(2) Are excluded by expression of disclaimer, such as “as is,” “with all faults,” or other language that in common understanding calls the purchaser's attention to the exclusion of warranties.
(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
(c) The warranty provided in § 81-414(b) of this title on a unit for residential use commences with the earlier of the time of the conveyance or the delivery of possession and extends for a period of 1 year.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-416. Statute of limitations for warranties.

§§ 81-416. Statute of limitations for warranties.
(a) Unless a period of limitation is tolled under § 81-311 of this title or affected by subsection (d) of this section, a judicial proceeding for breach of any obligation arising under § 81-413 or § 81-414 of this title must be commenced within the applicable periods of any applicable statute of limitations or statute of repose but in all events within 6 years after the cause of action accrues.
(b) Subject to subsection (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(2) As to each common element, at the time the common element is completed or, if later, as to:
(i) a common element that is added to the common interest community by exercise of development rights, at the time the first unit which was added to the condominium by the same exercise of development rights is conveyed to a bona fide purchaser, or (ii) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser.
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
(d) During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce by any lawful means warranty claims involving the common elements, and to compromise those claims. Only members of the executive board elected by unit owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee's decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorneys' fees, are common expenses, and must be added to the budget annually adopted by the association under § 81-315 of this title. If the committee is so created, the period of limitation for claims for these warranties begins to run from the date of the first meeting of the committee, regardless of when the period of declarant control terminates.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-417. Effect of violations on rights of action; attorneys' fees.

§§ 81-417. Effect of violations on rights of action; attorneys' fees.
(a) If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award court costs and reasonable attorneys' fees.
(b) Parties to a dispute arising under this chapter, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:
(1) A declarant may agree with the association to do so only after the period of declarant control has expired unless the agreement is made with an independent committee of the executive board elected pursuant to § 81-416(d) of this title; and
(2) An agreement to submit to any form of binding alternative dispute resolution must be in a writing signed by the parties.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-418. Labeling of promotional material.

§§ 81-418. Labeling of promotional material.
No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as “MUST BE BUILT” or as “NEED NOT BE BUILT”.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-419. Declarant's obligation to complete and restore.

§§ 81-419. Declarant's obligation to complete and restore.
(a) Except for improvements labeled “NEED NOT BE BUILT,” the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to § 81-209 of this title, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.
(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by § 81-210, § 81-211, § 81-212, § 81-213, § 81-215, or § 81-216 of this title.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-420. Substantial completion of units.

§§ 81-420. Substantial completion of units.
In the case of a sale of a unit for which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect or engineer, or by issuance of a certificate of occupancy authorized by law.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-421. Amendment to public offering statement.

§§ 81-421. Amendment to public offering statement.
Following execution of a contract of sale by a purchaser, the declarant may not amend any required public offering statement without the approval of such purchaser if the amendment would materially affect the rights of such purchaser. Approval by such purchaser is not required if the amendment is required by any governmental authority or public utility, or if the amendment is made as a result of actions beyond the control of the declarant or in the ordinary course of affairs of the executive board, or if the amendment is required by, or to achieve compliance with the requirements of Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, Veterans Administration or other governmental agency or their successors.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  78, 82;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 102A. Public notice.

§ 102A. Public notice.
In any matter or proceeding before the Commission, the Commission may decide the manner and method of giving notice to those persons affected by, likely to be affected by or likely to be interested in the matter or proceeding. In making this determination, the Commission shall not be governed by the provisions for notice by publication set out in §§ 10115(b) and 10124(1) of Title 29. Instead, such notice may be made by:
(1) Publication in 1 or more newspapers of general circulation;
(2) Delivery, by mail or other means, of a written notice to those directly affected, such as ratepayers or subscribers;
(3) Notice on the Commission's website or other digital media platforms;
(4) A combination of the above procedures; or
(5) Any other means which is reasonably likely to afford the affected and interested persons notice of the pendency of the matter so that they have the opportunity to present their views, such as the placement of a notice in a customer's bill.
In making its determination, the Commission may consider the nature of the proceedings, the number of persons affected or interested, the ability of alternative means to reach those affected and interested and the comparative costs of the alternative methods. When, under this chapter, a public utility is required to give notice to the public, the Commission shall set the form and manner of such notice.
70 Del. Laws, c. 585, §  3;  84 Del. Laws, c. 61, § 1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 103. Composition; appointment; term; qualifications; vacancies; Chairman.

§ 103. Composition; appointment; term; qualifications; vacancies; Chairman.
(a) The Public Service Commission is continued except that it shall consist of only 5 members, each of whom shall have been or shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. The terms of office of the members of the Commission serving as of June 28, 1974, shall not be affected. Subject to the provisions of subsection (d) of this section, each member shall continue to serve out the term for which each such member was originally appointed, and until each such member's successor shall have been appointed and qualified. Each member of the Commission appointed after June 28, 1974, except a member appointed pursuant to subsection (d) of this section to fill an unexpired term, shall be appointed for a term of 5 years from May 1 in the year of that member's appointment, and until that member's successor shall have been appointed and qualified.
(b) Not more than 3 of the members of the Commission shall be members of the same political party. One of the members shall be a resident of the City of Wilmington, 2 shall be residents of New Castle County outside of Wilmington, 1 shall be a resident of Kent County and 1 shall be a resident of Sussex County; provided, however, that beginning with the appointment of the member for a term of 5 years beginning as of May 1, 1976, and continuously thereafter, 1 of the members shall be a resident of the City of Wilmington, 1 shall be a resident of New Castle County outside of Wilmington, 1 shall be a resident of Kent County, 1 shall be a resident of Sussex County and 1 shall be a member at large who shall be a resident of this State.
(c) A Commissioner shall continue to reside in the political subdivision of which that Commissioner was a resident at the time of the Commissioner's appointment.
(d) In case of a vacancy on the Commission for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.
(e) The Governor shall designate 1 of the Commissioners as Chairman of the Commission who shall serve as Chairman at the pleasure of the Governor.
47 Del. Laws, c. 254, §  1;  26 Del. C. 1953, §  102;  57 Del. Laws, c. 139, §  1;  57 Del. Laws, c. 182, §  1;  57 Del. Laws, c. 740, §  12A;  58 Del. Laws, c. 511, §  61;  59 Del. Laws, c. 397, §  1;  61 Del. Laws, c. 1, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 104. Removal of Commissioner.

§ 104. Removal of Commissioner.
The Governor, with the advice and consent of the Senate, may remove any member of the Commission for neglect of duty or misconduct in office, giving to the member a copy of the charges against such person and affording an opportunity of being publicly heard in person or by counsel, upon 10 days' notice.
47 Del. Laws, c. 254, §  1;  26 Del. C. 1953, §  103;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 105. Compensation of Commissioners.

§ 105. Compensation of Commissioners.
The members of the Commission shall each receive a salary as appropriated in the current fiscal year State of Delaware Operating Budget, to be paid in equal monthly payments by the Treasurer of the State.
47 Del. Laws, c. 254, §  1;  26 Del. C. 1953, §  104;  59 Del. Laws, c. 397, §  1;  60 Del. Laws, c. 383, §  1;  84 Del. Laws, c. 61, § 1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 106. Office; seal; rules; meetings.

§ 106. Office; seal; rules; meetings.
The Commission shall have such office or offices as may be necessary and shall be provided with all necessary furniture, stationery and supplies, and office appliances. It shall provide itself with a seal for the authentication of its proceedings and orders. It may make all needful rules for its government and other proceedings not inconsistent with this title. It shall meet at such times and places within this State as it may provide by rule or by special order.
47 Del. Laws, c. 254, §  1;  26 Del. C. 1953, §  105;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 107. Quorum.

§ 107. Quorum.
A majority of the members of the Commission shall constitute a quorum and shall be sufficient for any action by the Commission; provided, however, that a single Commissioner may sit for the purpose of hearing testimony in any matter provided:
(1) The parties consent; and
(2) Any final decision in the matter must be approved by a majority of the members of the Commission.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  3;  26 Del. C. 1953, §  106;  57 Del. Laws, c. 139, §  2;  57 Del. Laws, c. 182, §  2;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 108. Personnel.

§ 108. Personnel.
Subject to the provision of Title 29, Chapters 25 (Department of Justice) and 59 (Merit System of Personnel Administration), the Commission may appoint, fix the compensation and terms of service, and prescribe the duties and powers of an executive director, a secretary and such officers, accountants, attorneys, experts, engineers, inspectors, clerks and other persons, as it deems necessary for the proper conduct of the work of the Commission.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  1;  26 Del. C. 1953, §  107;  57 Del. Laws, c. 740, §  12B;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 109. Disqualification for serving as member or employee of Commission.

§ 109. Disqualification for serving as member or employee of Commission.
(a) No person shall be eligible for appointment to or shall hold the office of Commissioner, or be appointed by the Commission to hold any office or position under it, who is a director, officer or employee of any public utility or owns or directly or indirectly controls any stock of any public utility entitled to vote for election of directors.
(b) No Commissioner, and no employee, appointee or official engaged in the service of, or in any manner connected with the Commission shall hold any office or position, or be engaged in any business, employment or vocation, the duties of which are incompatible with the duties of the Commissioner's office as Commissioner, or the Commissioner's employment in the service or in connection with the work of the Commission.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  2;  26 Del. C. 1953, §  108;  59 Del. Laws, c. 397, §  1;  61 Del. Laws, c. 419, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 110. Travel expense.

§ 110. Travel expense.
The Commissioners, executive director, secretary and other persons engaged in the service of the Commission shall be entitled to receive from the State their necessary traveling expenses while traveling on the business of the Commission.
47 Del. Laws, c. 254, §  1;  26 Del. C. 1953, §  109;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 111. Expenditures.

§ 111. Expenditures.
All expenditures of the Commission, within the limits of its appropriations, including the necessary traveling expenses of the Commissioners, executive director, secretary and other persons engaged in the service of the Commission shall, prior to April 1, 1975, be paid by the State Treasurer out of the general funds of the State on proper voucher therefor approved by the Chairman of the Commission or, at the direction of the Chairman, by the executive director. On and after April 1, 1975, said expenditures of the Commission, within the limits of its appropriations, shall be paid by the State Treasurer out of the Delaware Public Utility Regulatory Revolving Fund on proper voucher therefor approved by the Chairman of the Commission or, at the direction of the Chairman, by the executive director.
47 Del. Laws, c. 254, §§  1, 20;  26 Del. C. 1953, §  110;  59 Del. Laws, c. 397, §  1;  77 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 112. Copies of official documents and orders.

§ 112. Copies of official documents and orders.
Copies of all official documents and orders filed or deposited in the office of the Commission, certified by the Chairman or the secretary to be true copies of the original and given under the official seal of the Commission, shall be evidence in like manner as the original in all courts of this State. Such charges may be taxed and collected for such copies as are taxed and collected for like services in the Superior Court of this State.
47 Del. Laws, c. 254, §  17;  26 Del. C. 1953, §  111;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 113. Testimony by member, employee or investigator of Commission.

§ 113. Testimony by member, employee or investigator of Commission.
No member, employee or investigator of the Commission shall be required to give testimony in any court suit to which the Commission is not a party with regard to information obtained by such member or employee in the discharge of official duty.
47 Del. Laws, c. 254, §  10;  48 Del. Laws, c. 371, §  15;  26 Del. C. 1953, §  112;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter I. General Provisions › § 118. Continuation of service for activated Reserve and National Guard military personnel.

§ 118. Continuation of service for activated Reserve and National Guard military personnel.
(a) Except as otherwise provided by this section, a person who engages in the distribution and sale of electric, gas, water, sewer service, telecommunications, cable, or satellite television for use or consumption, including municipalities, (a “Service Provider”) shall not discontinue such service to the residence of a Qualifying Customer, as defined in subsection (g) of this section. With respect to telecommunications services, this section shall apply only to the provisioning of dial tone line, touchtone and local usage services. With respect to cable service, this section shall apply only to the provisioning of the most basic tier of television service.
(b) A Qualifying Customer may apply for protection from disconnection of such service by notifying the Service Provider that the Qualifying Customer is in need of assistance caused by a reduction in household income as a result of a household member's call to active duty status in the military reserves or National Guard.
(c) A Service Provider may request periodic verification of the call to active duty status from the Qualifying Customer. A Service Provider may also request periodic verification of the Qualified Customer's reduction in household income.
(d) A Qualifying Customer may receive protection from disconnection under this section for as long as the emergency active duty status continues and for 30 days after that status has ended.
(e) A Qualifying Customer receiving assistance under this section shall notify the Service Provider no later than 10 days after the return from active duty status.
(f) The protection from disconnection provided under this section does not void or limit the obligation of the Qualifying Customer to pay for such services received.
(g) As used in this section, “Qualifying Customer” means:
(1) A residential household where the income is reduced because the customer of record, or the spouse of the customer of record, is a member of the National Guard or the military reserve and is called to active military service by the President of the United States or the Governor of this State during a time of declared national or state emergency of war.
(2) Assistance is needed by the residential household to maintain 1 or more of the services subject to this section; and
(3) The residential household notifies the Service Provider of the need for assistance and, if requested by the Service Provider, provides verification of the call to active duty status and the reduction in household income.
74 Del. Laws, c. 294, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 204. Extension of utilities' facilities.

§ 204. Extension of utilities' facilities.
(a) The Commission may, after hearing, upon notice, by order in writing, require every public utility to establish, construct, maintain and operate any reasonable extension of its existing facilities where, in the judgment of the Commission, such extension is reasonable and practicable and will furnish sufficient revenue to justify the construction and maintenance of the same, and when the financial condition of the public utility reasonably warrants the original expenditures required in order to make and operate such extension; provided, however, the Commission shall consider, among other things, the size and amount of additional and potential customers to be served, whether the new customers will contribute to any capital expenditures required by the extension and whether the public utility must borrow funds to provide the extension of service.
(b) Notwithstanding any other provision of law, a telecommunications service provider is not required to establish, construct, maintain, operate or extend its existing facilities where the potential customers to be served have service available from 1 or more alternative providers of wireline or wireless communications. Further, notwithstanding any other provision of law, if the Commission makes a determination under subsection (a) of this section requiring such extension, a telecommunications service provider may fulfill such obligation through the use of any and all available wireline, wireless or other technologies. The use of wireline, wireless or other technologies may not be construed to grant any additional jurisdiction or authority to the Commission over such technologies.
47 Del. Laws, c. 254, §  4;  26 Del. C. 1953, §  136;  59 Del. Laws, c. 397, §  1;  79 Del. Laws, c. 53, §  5;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 205. Reports by public utilities.

§ 205. Reports by public utilities.
(a) The Commission may require every public utility to file with the Commission such annual and other periodic or special reports, at such times, in such form and of such content, and covering such period or periods of time, as the Commission may by rules and regulations or by order prescribe.
(b) (1) The Commission may require any public utility to file with it a copy of any report filed by such public utility with any state or federal department or regulatory body, including, but not limited to, copies of its Delaware and federal income tax returns.
(2) A public utility that is a subsidiary of a corporation that files consolidated state or federal income tax returns shall file with the Commission, when so requested by the Commission, pro forma Delaware and federal income tax returns based solely upon said public utility's operations in Delaware.
(c) All reports shall be made under oath or affirmation unless the Commission otherwise specifies.
47 Del. Laws, c. 254, §  3;  48 Del. Laws, c. 371, §  6;  26 Del. C. 1953, §  123;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 206. Investigations.

§ 206. Investigations.
The Commission may investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility.
47 Del. Laws, c. 254, §  3;  26 Del. C. 1953, §  124;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 207. Access to, inspection and examination of utility's property, records, etc.

§ 207. Access to, inspection and examination of utility's property, records, etc.
The Commission, by or through its members or duly authorized representatives, shall at all times have access to and the right to inspect and examine any and all books, accounts, records, memoranda, property, plant, facilities and equipment of public utilities. Every public utility shall furnish to the Commission, within such reasonable time as the Commission may order, any information with respect to its books, accounts, records, memoranda, property, plant, facilities, equipment, service, and operations, which the Commission may require in aid of any inspection, examination, inquiry, investigation, or hearing, or in aid of any determination of the value of its property, or any portion thereof, including copies of accounts, records, books, maps, inventories, appraisals, valuations, contracts, reports of engineers, and other data, records and papers; and shall grant to all authorized agents of the Commission access to its premises, property, plant, facilities and equipment and its books, accounts, records and memoranda when requested to.
47 Del. Laws, c. 254, §  4A;  48 Del. Laws, c. 371, §  9;  26 Del. C. 1953, §  125;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 208. Books, records, accounts, systems of accounts, etc. of utility.

§ 208. Books, records, accounts, systems of accounts, etc. of utility.
(a) (1) The Commission may, after hearing, upon notice, by order in writing, require every public utility to make, keep, and preserve for such periods of time, such accounts, records of cost accounting procedures, correspondence, memoranda, papers, books and other records as the Commission may by rules and regulations or order prescribe as necessary or appropriate for purposes of the administration of this chapter. The Commission may prescribe systems of accounts and records to be kept by public utilities, or may classify public utilities and prescribe a system of accounts and records for each class, and the manner and form in which such accounts and records shall be kept.
(2) The accounting system of any public utility also subject to the jurisdiction of a federal regulatory body shall correspond, as far as practicable, to the system prescribed by such federal regulatory body. The Commission may require any such public utility to keep and maintain supplemental or additional accounts to those required by any such regulatory body.
(3) The Commission, after notice and opportunity for hearing, may determine by order the accounts in which particular expenditures and receipts shall be entered, charged or credited.
(b) Every public utility shall keep such books, accounts, papers, records and memoranda, as are required by the Commission, in an office within this State, and shall not remove the same, or any of them, from this State, except upon such terms and conditions as may be prescribed by the Commission. Such public utility, when required by the Commission, shall furnish to the Commission, within such reasonable time as it shall fix, certified copies of its books, accounts, papers, records and memoranda, relating to the business done by such public utility within this State.
47 Del. Laws, c. 254, §  4;  48 Del. Laws, c. 371, §  7;  26 Del. C. 1953, §  129;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 209. Standards, classifications, regulations, practices, measurements, services, property and equipment of public utility.

§ 209. Standards, classifications, regulations, practices, measurements, services, property and equipment of public utility.
(a) The Commission may, after hearing, by order in writing:
(1) Fix just and reasonable standards, classifications, regulations, practices, measurements or services to be furnished, imposed, observed and followed thereafter by any public utility;
(2) Require every public utility to furnish safe and adequate and proper service and keep and maintain its property and equipment in such condition as to enable it to do so.
(b) Nothing contained in this section shall be construed to conflict with the power of the Commission to consider the efficiency, sufficiency, consistency and adequacy of the facilities provided and the services rendered by any public utility as a factor in rate determination.
47 Del. Laws, c. 254, §  3;  26 Del. C. 1953, §  131;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 210. Standards for measurement of supply of product; examinations and tests of product.

§ 210. Standards for measurement of supply of product; examinations and tests of product.
The Commission may, after hearing, by order in writing, ascertain and fix adequate and reasonable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by any public utility, and may prescribe reasonable regulations for examinations and tests of such product or service and for the measurement thereof.
47 Del. Laws, c. 254, §  3;  26 Del. C. 1953, §  132;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 211. Meters and measuring appliances.

§ 211. Meters and measuring appliances.
(a) The Commission may, after hearing, by order in writing, establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements and may provide for the examination and test of all appliances used for the measuring of any products or service of a public utility.
(b) The Commission may enter, by and through its agents, experts or examiners, upon any premises occupied by any public utility for the purpose of making the examination and tests provided for in this section and may set up and use on such premises any apparatus and appliances necessary therefor.
(c) The Commission may fix the fees to be paid by any consumer or user of any products or services of a public utility, who may apply to the Commission for an examination or test to be made of the meters or other measuring appliances of the utility. If the meter or other measuring appliance so tested shall be found to be accurate within such commercially reasonable limits as the Commission may by general or special order fix for such meters or class of meters or other measuring appliances, the fee shall be paid by the consumer requiring such test, but if not so found then the cost thereof shall be borne by the public utility furnishing the meter or other measuring appliance.
(d) All measuring devices installed subsequent to June 28, 1974, for the purpose of ascertaining bills presented by and on behalf of public utilities providing steam, manufactured gas, natural gas, electric light, heat, power and water shall be installed in a manner permitting readings from the exterior of the customer's premises. All such public utilities having measuring devices that, as of June 28, 1974, permit only readings from the interior of the customer's premises shall, when so requested in writing by the owner of said premises, substitute measuring devices permitting exterior readings, said substitution to be effected at cost payable by the owner.
47 Del. Laws, c. 254, §  3;  26 Del. C. 1953, §  133;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 212. Compliance with laws, ordinances and charter.

§ 212. Compliance with laws, ordinances and charter.
The Commission may, after hearing, upon notice, by order in writing, require every public utility to comply with the laws of this State and any ordinance of any political subdivision thereof relating thereto, and to conform to the duties imposed upon it thereby or by the provisions of its own charter, whether obtained under any general or special law of any state.
47 Del. Laws, c. 254, §  4;  26 Del. C. 1953, §  134;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 213. Notice and report of accidents; disclosure; admissibility as evidence.

§ 213. Notice and report of accidents; disclosure; admissibility as evidence.
(a) The Commission may require every public utility to give immediate notice to the Commission of the happening of any accident in or about, or in connection with, the operation of its service and facilities, wherein any person has been killed or apparently injured, or where complaint of injuries has been made, and to furnish such full and detailed report of such accident within such time and in such manner as the Commission shall prescribe.
(b) The report required by subsection (a) of this section shall not be open for public inspection, except by order of the Commission, and shall not be admitted in evidence for any purpose in any suit or action for damages growing out of any matter or thing mentioned in such report.
47 Del. Laws, c. 254, §  3;  48 Del. Laws, c. 371, §  6;  26 Del. C. 1953, §  139;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 214. Joint investigations, hearings and orders; cooperation with agencies of other states or of the United States.

§ 214. Joint investigations, hearings and orders; cooperation with agencies of other states or of the United States.
The Commission may make joint investigations, hold joint hearings within or without this State, and issue joint or concurrent orders in conjunction with any official, board, commission or agency of any state or of the United States. Whether in the holding of such investigations or hearings, or in the making of such orders, the Commission shall function under agreements or compacts between states or under the concurrent powers of states to regulate the interstate commerce, or as an agency of the federal government, or otherwise.
47 Del. Laws, c. 254, §  1;  48 Del. Laws, c. 371, §  3;  26 Del. C. 1953, §  140;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 216. Free passes, franks, products or services.

§ 216. Free passes, franks, products or services.
This chapter shall in nowise be construed to prevent the issuance by any public utility of free passes or franks, products or services to its employees, officers, agents, and their families, subject to such conditions as the Commission may prescribe by rule or regulation.
21 Del. Laws, c. 273, §  97;  22 Del. Laws, c. 166, §  17;  Code 1935, §  2184;  47 Del. Laws, c. 254, §  18;  26 Del. C. 1953, §  166;  54 Del. Laws, c. 38, §  3;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter II. Jurisdiction and Powers › § 217. Compliance with Commission's orders; penalty.

§ 217. Compliance with Commission's orders; penalty.
In default of compliance with any order of the Commission when the same becomes effective, the public utility affected thereby shall be subject to a penalty of up to $1,000 per day for every day during which such default continues, to be recovered in an action in the name of the State. Observance of the orders of the Commission may be compelled by mandamus or injunction in appropriate cases, or by an action to compel the specific performance of the orders so made or of the duties imposed by law upon such public utility.
47 Del. Laws, c. 254, §  13;  26 Del. C. 1953, §  191;  57 Del. Laws, c. 643, §  2;  59 Del. Laws, c. 397, §  1;