Chapter 25

§ 2501 Purpose. The purpose of this chapter is to accomplish efficiency by centralizing in 1 department the State’s facilities for the rendering of legal services to the Governor, General Assembly, officers, departments, boards, agencies, commissions and instrumentalities of the state government and to provide for the enforcement of the criminal law of this State. 29 Del. C. 1953, §  2501; 56 Del. Laws, c. 326, §  1 ; § 2502 Department of Justice established. There is created a State Department of Justice under the supervision, direction and control of the Attorney General. 29 Del. C. 1953, §  2502; 56 Del. Laws, c. 326, §  1 ; § 2503 Definition of Attorney General. Whenever “Attorney General” is referred to or designated in the Constitution, any statute, rules of any court, contract, document or usage, such reference or designation shall include any person duly appointed by the Attorney General pursuant to § 2505 of this title, except where the term “Attorney General” is immediately followed by “himself or herself” or “in person” or where the context otherwise indicates. 29 Del. C. 1953, §  2503; 56 Del. Laws, c. 326, §  1 ; 59 Del. Laws, c. 289, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 2504 Powers, duties and authority of the State Department of Justice. The State Department of Justice and the Attorney General shall have the following powers, duties and authority: (1) To continue to exercise the powers and perform the duties by the Constitution, statutes and common law vested in and imposed upon the Attorney General prior to January 1, 1969; (2) Notwithstanding any other laws, to provide legal advice, counsel and services for administrative offices, agencies, departments, boards, commissions and officers of the state government concerning any matter arising in connection with the exercising of their official powers or duties and to publish or cause to be published such opinions in book form every 2 years. The courts, counties and incorporated municipalities are excepted from this chapter; (3) Notwithstanding any other laws, to represent as counsel in all proceedings or actions which may be brought on behalf of or against them in their official capacity in any court, except in actions in which the State has a conflicting interest, all officers, agencies, departments, boards, commissions and instrumentalities of state government; (4) To investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; provided, however, that nothing in this subdivision shall restrict the general powers of the General Assembly to investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; (5) To direct the activities of state detectives; (6) To have charge of all criminal proceedings as prior to January 1, 1969; (7) To recommend revisions in the Constitution and statutes of this State with particular reference to law enforcement; (8) To draft or cause to be drafted such bills or amendments as may be requested by any state officer or any department, division, commission or other state agency and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation; and (9) To represent witnesses for the State or individuals who have cooperated with state investigative agencies when they are sued as a result of, or on account of, their cooperation with any agency of the State in any investigation or prosecution conducted by the State unless such representation creates a conflict with the interests of the State. 29 Del. C. 1953, §  2504; 56 Del. Laws, c. 326, §  1 ; 58 Del. Laws, c. 253, §  8 ; 59 Del. Laws, c. 253, §§  18, 19 ; 64 Del. Laws, c. 418 ; 65 Del. Laws, c. 134, §  1 ; § 2505 Chief Deputy, State Solicitor, State Prosecutor, assistants, special assistants and law clerks. (a) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be the Chief Deputy Attorney General and who shall have such powers, duties and responsibilities as designated by the Attorney General and shall serve on a full-time basis. In the event that the office of Attorney General becomes vacant, or should the Attorney General be unable to discharge the powers and duties of the office due to illness or incapacitation, the Chief Deputy Attorney General shall discharge the powers and duties of the Attorney General for a period not to exceed 90 days or until the Governor appoints a successor, whichever occurs first. (b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Solicitor, who shall serve on a full-time basis under the direct control of the Attorney General. The State Solicitor shall be responsible for all civil actions and matters wherein the State or its agencies or subdivisions are involved and shall have such powers and duties as the Attorney General shall designate. (c) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Prosecutor and who shall serve on a full-time basis under the direct control of the Attorney General. The State Prosecutor shall be responsible for the prosecution of all criminal matters and shall have such powers and duties as the Attorney General shall designate. (d) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, persons, authorized by rule of the State Supreme Court to practice law in the courts of this State, to be assistants or special assistants, who shall have such powers, duties and responsibilities as designated by the Attorney General. (e) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, law clerks, who shall have such powers, duties and responsibilities as the Attorney General shall designate. (f) The Attorney General may assign an assistant or special assistant to serve in any legal capacity in or for any office, department, board, agency, commission or instrumentality of the state government on a part-time or full-time basis whenever, in the judgment of the Attorney General, such assignment will contribute to the efficiency of the operation of such office, department, board, agency, commission or instrumentality; but such assistant shall remain under the supervision and control of the Attorney General while so serving. (g) The powers of all assistants shall be statewide. (h) The Attorney General shall devote full time to the office and shall not practice law for the term to which the Attorney General is elected. The Attorney General shall determine whether any assistants other than those designated as full time in this section shall be excluded from the practice of law. The salaries of the Chief Deputy and assistants shall be as fixed by the Attorney General within the appropriations made to the State Department of Justice and the limitations of § 2506 of this title. (i) The Attorney General may appoint persons authorized by rule of the State Supreme Court to practice law in this State, in addition to those authorized by appropriations to the Department to be assistants and special assistants, to be compensated from federal funds and funds other than those funds appropriated to the State Department of Justice, to have such powers, duties and responsibilities as designated by the Attorney General. The tenure provisions of § 2511 of this title, however, shall not apply to such assistants and special assistants and the State shall not be obligated to continue their employment when or in the event such federal funds or such other funds are no longer available to pay their salaries. (j) The Attorney General may appoint from the practicing members of the Bar of this State all of the following who shall serve on a full-time basis under the direct control of the Attorney General and have such responsibilities, powers and duties as the Attorney General shall designate: (1) A lawyer resident in this State who shall be designated as the Chief Prosecutor of a particular county. (2) A lawyer who shall be designated head or assistant head of any Division of the State Department of Justice. (k) The Attorney General shall ensure that any assistant or special assistant regularly assigned to the prosecution of criminal or delinquency cases alleging a sexual offense as that term is defined in § 761 of Title 11, including all lawyers assigned to the Sex Crimes Unit, shall receive at least 4 hours every 3 years of specialized training in the prosecution of sexual assault. Such evidence-based training shall be victim-centered and trauma-informed, and shall include education on mandatory reporting requirements under state and federal law, and shall be provided by the National College of District Attorneys or any other appropriate organization approved by the Attorney General. 29 Del. C. 1953, §  2505; 56 Del. Laws, c. 326, §  1 ; 58 Del. Laws, c. 99, §  1 ; 59 Del. Laws, c. 222, §  9 ; 59 Del. Laws, c. 289, §§  2-5 ; 61 Del. Laws, c. 409, §  112 ; 61 Del. Laws, c. 519, §  33 ; 62 Del. Laws, c. 68, §  79 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 340, §§  1-3 ; 75 Del. Laws, c. 370, §  1 ; 80 Del. Laws, c. 55, §  2 ; 84 Del. Laws, c. 26, § 1 ; § 2506 Salaries. (a) The salary of the Attorney General shall be $30,000 per annum. The Attorney General shall fix the salaries of all of the members of the Department of Justice within the limits set forth in this section. (b) The salaries of all attorneys employed by the Attorney General in the Department of Justice shall be fixed by the Attorney General within the appropriations made to the Department of Justice pursuant to a salary plan established by the Attorney General. 29 Del. C. 1953, §  2506; 56 Del. Laws, c. 326, §  1 ; 57 Del. Laws, c. 763, §§  1, 2 ; 58 Del. Laws, c. 99, §  2 ; 59 Del. Laws, c. 289, §§  2, 6 ; 61 Del. Laws, c. 409, §§  71, 113 ; 61 Del. Laws, c. 519, §  34 ; 62 Del. Laws, c. 68, §  80 ; § 2507 Prohibition on employment of attorneys by state officers, departments, boards, agencies, commissions or instrumentalities. No officer, department, board, agency, commission or instrumentality of state government shall employ any person to act as attorney, counsel, solicitor, legal assistant or other legal advisor to such officer, department, board, agency, commission or instrumentality except as otherwise set forth in this chapter. However, such special counsel may be employed by such officer, department, board, agency, commission or instrumentality with the approval of the Attorney General and the Governor upon such terms and conditions as the Attorney General and the Governor may prescribe. The special counsel so appointed shall have such powers, duties and responsibilities as designated by the Attorney General in addition to those powers prescribed in § 2504(3) of this title. Expenses of such employment shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the approval of the Attorney General and the Governor. 29 Del. C. 1953, §  2507; 56 Del. Laws, c. 326, §  1 ; 58 Del. Laws, c. 99, §  3 ; § 2508 Power to administer oaths and affirmations; compelling attendance of persons and witnesses; delivery of witness lists. (a) The Attorney General or any assistant may administer oaths and affirmations to any person, including witnesses, at any time or in any place and may issue process to compel the attendance of persons, witnesses and evidence at the office of the Attorney General or at such other place as designated. (b) The Attorney General shall have the right of access at all times to the books, papers, records and other documents of any officer, department, board, agency, instrumentality or commission of the state government. The Attorney General shall not have this right of access for purposes of discovery in any civil actions brought by or on the relation of the Attorney General other than for the books, papers, records, and documents of the Department of Justice. (c) The Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list giving the names and addresses of persons or witnesses subpoenaed under this section, the time occupied in attendance and the distance traveled by them respectively. The list shall be legal proof, and the same costs shall accrue and be paid in the same manner as is provided by law to be paid to witnesses for attendance at the courts of this State. 29 Del. C. 1953, §  2508; 56 Del. Laws, c. 326, §  1 ; 59 Del. Laws, c. 289, §  2 ; 67 Del. Laws, c. 260, §  1 ; 83 Del. Laws, c. 424, § 1 ; § 2508A Directing production of witnesses or evidence pursuant to process from without the State in criminal investigations and proceedings. (a) For the purpose of enforcing any subpoena, warrant or other process issued by a court from without this State in a criminal proceeding or investigation occurring in said foreign state, the United States or any territory or district thereof, the Attorney General or any assistant may issue process to compel any person to produce books, papers, documents or other objects designated therein at the office of the Attorney General or at such other place as designated. (b) A certified copy of the subpoena, warrant or other process issued by the court from without this State shall be attached to, and thereby incorporated in, any process issued by the Attorney General or any assistant pursuant to this section. (c) Any process issued pursuant to this section by the Attorney General or any assistant shall include a certification by the Attorney General or any assistant that the process is issued pursuant to a subpoena, warrant or other process issued by a court from without the State. (d) On an annual basis, the Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list of and complete copies of all process which has been issued in the immediately preceding calendar year by the Attorney General or any assistant pursuant to this section. The date for filing such list shall be set by the Superior Court and may be enlarged by the Superior Court for good cause shown by the Attorney General. 73 Del. Laws, c. 70, §  1 ; § 2509 Conflict of interest. No member of the Department of Justice shall act as attorney or counsel in any controversy in which the State, a county or a municipality has an interest except in the member’s official capacity. 29 Del. C. 1953, §  2509; 56 Del. Laws, c. 326, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 2509A Political activity of State Department of Justice employees. (a) Employment by the State Department of Justice does not affect any right or obligation of a citizen under the Constitution and laws of the United States or under the Constitution and laws of this State. (b) Except as otherwise provided in this section or by federal law, an individual employed by the State Department of Justice may freely participate in any political activity, may vote in an election, and may express opinions on political subjects and candidates. (c) With the exception of the Attorney General, no attorney or other employee regularly employed by the State Department of Justice may: (1) Use that attorney’s or other employee’s official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) Use that attorney’s or other employee’s official authority or influence for the purpose of directing or coercing another to contribute anything of value, including but not limited to money, services, or time, in support of a political party, political organization, or political candidate; (3) Engage in political activity while on duty in the employment of the State Department of Justice; (4) Directly or indirectly solicit, receive, collect, handle, disburse, or account for assessments, contributions, or other funds for a partisan political purpose during working hours; (5) Organize or reorganize a political party organization or political organization during working hours; (6) Organize, sell tickets to, or promote a fund-raising activity of a candidate in a partisan election or of a political party or political organization during working hours; or (7) Be a candidate for or hold any elected state or local office provided however, any attorney or other employee regularly employed by the State Department of Justice shall request a leave of absence in accordance with State Department of Justice personnel policies to be a candidate for any elected state or local office and such leave request shall not be denied, except that any such attorney or employee shall resign if that attorney or employee is a candidate for the office of Attorney General. (d) In addition to the provisions of subsection (c) of this section above, no individual employed as Chief Deputy Attorney General or division head shall directly or indirectly give, pay, lend, or contribute money or any other thing of value to or for the benefit of a candidate for any elected state or local office or to any political party or political organization in support of such candidate, or for any other political purpose intended to support such candidate. (e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection: (1) “Division head” means the State Prosecutor, State Solicitor, Director of the Fraud Division, Director of the Appeals Division, any assistant division head, chief county prosecutor, or division director created by statute or policy of the Attorney General. (2) “Local office” means “local office” as defined in § 101 of Title 15, school board elections, political party office, or other public elected office. (3) “Political activity” means participating in any activity in support of or in opposition to a political party or partisan candidate for public or political party office, including but not limited to writing or distributing statements in support of or in opposition to a candidate, initiating or circulating a partisan nominating petition, contributing money or anything of value to or for the benefit of a candidate, and soliciting votes of support for a candidate. “Political activity” does not include registering or voting in an election, or expressing opinions on political subjects or candidates. (f) In addition to any penalty contained in any other provision of law, any employee subject to the provisions of this section who knowingly violates a provision of this section may be subject to disciplinary proceedings by the State Department of Justice or as otherwise provided by law. 75 Del. Laws, c. 396, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 313, § 1 ; § 2510 Duty to appeal from an order of filiation. On appeal from an order of filiation, the Attorney General shall answer the appeal and conduct the case for the State. 29 Del. C. 1953, §  2510; 56 Del. Laws, c. 326, §  1 ; § 2511 Tenure. (a) Any attorney or other employee regularly employed by the Department of Justice to render services shall be appointed by the Attorney General to serve at the Attorney General’s pleasure. After 3 years full-time service the employee shall have attained tenure and shall continue to be regularly employed during efficient and good behavior and shall not be removed because of religious or political opinions or affiliations or except for due cause, after a hearing before a court consisting of 3 judges of the Superior Court of the State. (1) As a condition of attaining tenure, every Deputy Attorney General within the Criminal Division shall be required to attend and complete, within the first 3 years of service, seminars conducted by the National College of District Attorneys or any other appropriate organization approved by the Attorney General on the subjects of child sexual and physical abuse, exploitation and domestic violence. (2) Any Deputy Attorney General in the Criminal Division who has received tenure prior to the effective date of this educational requirement shall be required to attend and complete said seminars within 3 years from the date hereof. (3) As a condition of retaining the tenure rights conferred by this section, every Deputy Attorney General within the Criminal and Family Divisions shall be required to attend and complete at least 4 hours every 3 years of training on the subjects of child sexual and physical abuse, exploitation and domestic violence. Such training shall be conducted by the National College of District Attorneys, coordinated with the training available pursuant to §§ 911 and 931(b)(4) of Title 16, or otherwise performed by any other appropriate organization approved by the Attorney General. Such training shall also include the mandatory reporting obligations imposed by Delaware law, including reporting under the Medical Practice Act [Chapter 17 of Title 24] and § 903 of Title 16, and federal law in the reporting of child sexual and physical abuse. The failure to complete such training shall be a forfeiture of the rights conferred by this section. (b) The term “full time,” when used in reference to attorneys in this section, prohibits such attorneys from engaging in the private practice of law. The term “regularly employed,” as used in this section, refers to those attorneys and other employees appointed or employed on a full-time basis by the Department of Justice. The Attorney General shall so designate such attorneys and other employees in writing at the time of their employment or at such other time at the Attorney General’s pleasure. (c) Nothing contained in this section shall limit the power of the Attorney General to assign attorneys or other employees to any of the various positions provided for in this chapter and to change said personnel in said positions from time to time at the Attorney General’s pleasure; provided, however, that any attorney or other employee who shall have been regularly employed in a certain position may not be deprived of regular employment or tenure by virtue of such change of position. 29 Del. C. 1953, §  2511; 56 Del. Laws, c. 326, §  1 ; 69 Del. Laws, c. 158, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 323, §  4 ; 80 Del. Laws, c. 187, §  8 ; § 2512 Fees; collections and disposition. (a) All fees which are by law taxable and payable to the Attorney General shall be paid to and received by the respective Prothonotaries in the county where the fees are taxed, and the Prothonotaries shall pay over the same to the State Treasurer. (b) The Attorney General is authorized to collect and use revenues from the fees realized by subsection (a) of this section and Chapter 73 of Title 6 (Delaware Securities Act) to support the Department of Justice’s Securities Division. Balances at the end of any fiscal year in excess of $100,000 collected from these fees shall be deposited into the General Fund. (c) The Department of Justice is authorized to publish and sell the opinions of the Attorney General; to deposit the proceeds of any sales in a special fund to be established and designated the “Attorney General Opinion Fund;” and to expend all moneys deposited in such Fund for any expense connected with the publishing or sale of opinions of the Attorney General. Copies of the published opinions will be distributed at no cost to the General Assembly, the Governor and state agencies. If at the end of the fiscal year, the amount deposited in this Fund exceeds $15,000, the amount exceeding $15,000 shall be deposited into the General Fund. (d) Notwithstanding any other laws to the contrary, including, but not limited to, Part VI of this title, the Attorney General is authorized to enter into a contract for the production, distribution and marketing of educational videos on such terms and conditions as the Attorney General deems appropriate. All revenues received by the Attorney General from such contract shall be deposited in a nonappropriated special fund. Revenues received and deposited into said account shall be used for the purpose of reproducing, marketing and distributing copies of these videos. 29 Del. C. 1953, §  2512; 56 Del. Laws, c. 326, §  1 ; 73 Del. Laws, c. 310, §  11 ; § 2512A False Claims and Affirmative Litigation Fund. (a) All money received by the State as a result of civil actions brought by the Attorney General (or in the name of the State) pursuant to Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, or pursuant to a written agreement by the Attorney General in settlement of the State’s claims under Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, shall be credited by the State Treasurer to a fund to be known as the “False Claims and Affirmative Litigation Fund.” (b) Money in the False Claims and Affirmative Litigation Fund shall be used for the payment of expenses incurred by the Department of Justice in connection with activities under Chapter 12 of Title 6, Chapter 71 of Title 10, § 1505 of Title 11 or, if approved by the Director of the Office of Management and Budget and the Controller General, for other Department of Justice expenses resulting from General Fund deficits. At the end of any fiscal year, if the balance in the False Claims Fund exceeds $3,000,000, the excess shall be withdrawn from the False Claims and Affirmative Litigation Fund and deposited in the General Fund. (c) The Attorney General is authorized to expend from the False Claims and Affirmative Litigation Fund such moneys as are necessary for the payment of salaries, costs, expenses, and charges incurred in the investigation, preparation, institution, and maintenance of false claims and other affirmative civil actions brought on behalf of the State, and the maintaining of electronic discovery resources for the Department of Justice or other state agencies. The State Solicitor shall have the authority, under the direction of the Attorney General, to maintain and supervise the deposits and expenditures into and out of the False Claims and Affirmative Litigation Fund. (d) When the State or agencies thereof, public bodies or subdivisions of the State, or qui tam plaintiffs are due a portion of the funds in the False Claims and Affirmative Litigation Fund as a result of a right to restitution, a right to reimbursement, or the operation of § 1205 of Title 6, the Attorney General is authorized to approve release of such funds to the appropriate fund, entity, or recipient. 83 Del. Laws, c. 54, § 99 ; § 2513 Appointment of state detectives; terms; compensation. (a) The Attorney General may appoint 5 qualified persons to be state detectives who shall hold office at the pleasure of the Attorney General. The Attorney General may designate 1 of the appointees to be Chief State Detective, and each of the others shall be known as state detective. All of the state detectives shall perform duties anywhere, both within and without the State, under the direction of the Attorney General. (b) The salary of the Chief State Detective and the state detectives shall be fixed by the Attorney General within the appropriations made to the State Department of Justice. 29 Del. C. 1953, §  2513; 56 Del. Laws, c. 326, §  1 ; 58 Del. Laws, c. 568 ; 59 Del. Laws, c. 289, §  7 ; § 2514 Powers and duties of state detectives. (a) State detectives may conduct such investigations as directed by the Attorney General. (b) Any state detective or any police officer of the State or of any subdivision thereof shall, when so requested by the Governor or the Attorney General, serve requisitions made by the Governor and for this shall not receive any compensation, but shall receive actual expenses. Such expenses shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the production of vouchers approved by the Attorney General. (c) State detectives may make arrests and serve writs anywhere in this State. (d) The state detective shall serve and return summonses, subpoenas, warrants and commitments issued by presidents of court-martials. 29 Del. C. 1953, §  2514; 56 Del. Laws, c. 326, §  1 ; § 2515 Exceptions. (a) The provisions of this chapter relating to the supplying of legal advice, counsel, services and representation in proceedings and actions shall not apply to the University of Delaware, Delaware State University, Delaware Technical and Community College or to any school district or special school district of this State, and these organizations may each employ their own attorney or attorneys, notwithstanding § 2507 of this title, except that legal services in connection with all bond issues in which the faith and credit of this State is pledged and all legal services for any school district or special school district bond issue which is for the purpose of providing funds for any project to which moneys or bond issue funds of this State are to be contributed on a matching or percentage basis shall be provided solely by the State Department of Justice and the Attorney General. (b) Notwithstanding § 2507 of this title, the provisions of this chapter relating to the supplying of legal advice, counsel, services, and representation in proceedings do not apply to any of the following: (1) The State Public Integrity Commission, Chapter 58 of this title. (2) The Office of Inspector General, Chapter 90E of this title. (c) Notwithstanding any other provision of this title, a public school district or charter school that is a defendant in a legal action because of its adoption or use of the cyberbullying policy required under § 4164(d)(1) of Title 14 shall have the option of being represented by the Department of Justice if: (1) The State of Delaware or 1 of its agencies is a party to the same action based upon the State’s requirement that the district or school adopt the cyberbullying policy at issue; (2) The Department’s representation of both entities is permissible under the Rules of Professional Conduct; and (3) The Department determines that enforcement of the cyberbullying policy by the school or district was done in good faith and in the public interest. Communications and documents regarding the Department’s obligation to represent a school or district under this subsection and/or a school or district’s decision whether to accept representation by the Department are privileged and not subject to disclosure. (d) Notwithstanding § 2507 of this title, the Division of Labor Relations and Employment Practices established pursuant to Chapter 90D of this title shall each be permitted to employ 1 counsel experienced in the field of labor and employment law to advise on matters of labor and employment law and assist in developing standards, policies, programs and training materials that satisfy Delaware and federal law. 29 Del. C. 1953, §  2515; 56 Del. Laws, c. 326, §  1 ; 60 Del. Laws, c. 476, §  1 ; 69 Del. Laws, c. 67, §  2 ; 69 Del. Laws, c. 179, §  1 ; 69 Del. Laws, c. 467, §  29 ; 78 Del. Laws, c. 379, §  2 ; 81 Del. Laws, c. 66, §  2 ; 81 Del. Laws, c. 122, §  13 ; 85 Del. Laws, c. 138, § 3 ; § 2516 Authorization for local and out-of-state police officers. (a) The Attorney General may authorize such members of any county or municipal police departments as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. The Attorney General shall give such authorization by oath for such period of time as the Attorney General specifies. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. (b) Such local police officers who have received such authorization shall remain for all other purposes as members of their respective police departments. (c) The Attorney General may authorize such members of police forces of jurisdictions outside the State as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. Such authorization shall be given under the procedures and conditions prescribed in subsections (a) and (b) of this section. (d) The Attorney General may, as the Attorney General deems necessary, authorize railroad police officers employed by (i) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. § 10102 and the Interstate Commerce Commission or (ii) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad’s employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Police Officer Standards and Training Commission and until memoranda of understanding are reached between the railroad and all appropriate law-enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. § 28101 or 49 C.F.R. 207. 29 Del. C. 1953, §  2516; 59 Del. Laws, c. 177, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 366, §  1 ; 84 Del. Laws, c. 149, § 10 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 2517 Division of Consumer Protection. (a) There is established within the Department of Justice a Division of Consumer Protection. (b) The Division of Consumer Protection shall protect the public against consumer fraud and deceptive trade practices through enforcement of statutes, consumer education, consumer advocacy, and coordinated governmental action. (c) The Attorney General may appoint a Deputy Attorney General to be designated as the Director of Consumer Protection, who will be charged with the furtherance of the programs and functions thereof. (d) The term “Director” as used in this subchapter refers to the Director of the Division of Consumer Protection and includes any designee. 68 Del. Laws, c. 149, §  10 ; 68 Del. Laws, c. 314, §  1 ; 69 Del. Laws, c. 203, §§  1-5 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 138, §  6 ; 74 Del. Laws, c. 151, §  2 ; 76 Del. Laws, c. 419, §  2 ; 77 Del. Laws, c. 282, §  1 ; 82 Del. Laws, c. 239, § 1 ; § 2518 Office of Foreclosure Prevention and Financial Education. (a) The Office of Foreclosure Prevention and Financial Education is hereby established within the Division of Consumer Protection under the direction and control of the Director. (b) The Office of Foreclosure Prevention and Financial Education is established for the following purposes: (1) To develop and implement programs to educate the public about foreclosure prevention and financial literacy; (2) To identify mortgage foreclosure fraud or other deceptive practices; (3) To provide for opportunities for borrowers to meet with lenders through outreach events or mediation programs; (4) To establish a toll-free telephone number to receive complaints from homeowners at risk of default for appropriate referral or intervention; (5) To serve as a liaison between borrowers and lenders when complex issues may be impeding loss mitigation efforts; and (6) To promote coordination among government and private programs and lenders including, but not limited to, HUD approved housing counseling agencies, legal aid providers, and other nonprofit consumer advocates. (c) The structure of the Office of Foreclosure Prevention and Financial Education will be determined by the Attorney General and include a Foreclosure Outreach Coordinator and 2 administrative specialists. (d) [Repealed.] 78 Del. Laws, c. 198, §  1 ; 79 Del. Laws, c. 27, §  12 ; 82 Del. Laws, c. 30, §§ 2, 7 ; 84 Del. Laws, c. 355, § 1 ; § 2519 Consumer protection advisory councils [Repealed]. 29 Del. C. 1953, §  8614; 57 Del. Laws, c. 583, §  1 ; 64 Del. Laws, c. 2, §  4 ; 65 Del. Laws, c. 445, §§  1-4 ; 68 Del. Laws, c. 149, §  9 ; 69 Del. Laws, c. 291, §  98(c) ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 138, §  25 ; 77 Del. Laws, c. 106, §  5 ; repealed by 80 Del. Laws, c. 53 § 2, eff. June 26, 2015. ; § 2520 Enforcement authority. (a) Among other powers, the Director shall have the authority to: (1) Investigate matters that may reveal violations of Chapter 25 of Title 6 or other unlawful conduct; (2) Issue cease and desist orders, either summarily or after a hearing; (3) Seek administrative remedies for violations of the statutes the Division of Consumer Protection is charged to enforce; (4) Initiate and prosecute civil or criminal actions related to the purposes of this chapter in any court of competent jurisdiction; (5) Seek restitution, rescission, reformation of contract, recoupment, disgorgement of profits or any moneys improperly obtained, or otherwise prevent unjust enrichment against violators of this chapter and on behalf of consumers; (6) Promulgate rules and regulations; (7) Under the direction of the Attorney General, maintain and supervise the deposits and expenditures into and out of the Consumer Protection Fund; (8) Hold fact-finding, rulemaking or adjudicative hearings and issue opinions, orders or reports based thereon; and (9) Take any other lawful action to enforce the consumer protection statutes and to carry out their purposes. (b) The scope of authority of the Director to initiate administrative proceedings or take civil enforcement action does not extend to matters within the jurisdiction of the Public Service Commission or of the Insurance Commissioner of the State, except for matters covered by § 1014 of Title 26, but only as they relate to community-owned energy generating facilities. 77 Del. Laws, c. 282, §  2 ; 83 Del. Laws, c. 178, § 6 ; § 2521 Rules and regulations. (a) The Director shall have the authority to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes that the Division of Consumer Protection is charged to enforce or otherwise to carry out the purposes of those statutes. (b) The rules and regulations of the Division of Consumer Protection shall be entitled to substantial deference in connection with any judicial review or case determination. 77 Del. Laws, c. 282, §  2 ; § 2522 Proceedings; judicial remedies. (a) The Attorney General and the Director shall have standing to seek, on behalf of the State, any remedy in this chapter whenever it appears that a person has violated or is about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. The Attorney General or the Director may initiate an investigation, administrative proceeding, or court proceeding to enjoin or sanction the unlawful conduct. (b) If, in any court proceeding brought under subsection (a) of this section above, any person is found to have committed a wilful violation, the court shall order the violator to pay to the State a civil penalty of not more than $10,000 for each violation. (c) If, in any court proceeding brought under subsection (a) of this section, any person is found to have committed a violation, the court may order the violator to cease and desist the unlawful conduct prospectively, return any moneys obtained unlawfully, and when appropriate freeze designated assets of the violator, order restitution, rescission, or recoupment, or grant other relief appropriate to prevent violators from being unjustly enriched. (d) In any action brought by the Director under the provisions of this chapter in which any person is found to have violated any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce, the Court may award attorneys’ fees and investigative costs to the State. 77 Del. Laws, c. 282, §  2 ; 84 Del. Laws, c. 444, § 2 ; § 2523 Administrative process and appeals. (a) The Director of Consumer Protection may initiate administrative charges against any person who appears to have violated or about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. Such charges shall provide notice as to the nature of the violation and state the remedies that are sought. (b) The Attorney General shall appoint a Deputy Attorney General to act as the administrative hearing officer to adjudicate charges brought by the Director of Consumer Protection against any person. Such hearing officer shall be a Deputy Attorney General who is not assigned to the Fraud and Consumer Protection Division. (c) Upon finding a violation, the hearing officer may order any of the administrative remedies authorized in § 2524 of this title below. Upon finding a violation or a threat of a violation, the hearing officer may issue or affirm the issuance of a cease and desist order authorized by § 2524(a) of this title below. (d) Any party, including the Director, who is aggrieved by the hearing officer’s final administrative order may appeal the order to Superior Court within 30 days after the date the final order is issued. The administrative record shall be filed with the Court in accordance with Superior Court Civil Rule 72. The final administrative order shall be affirmed by the Court if the findings in the order are supported by substantial evidence. (e) Any moneys that are received by the State after an administrative hearing and order, other than for consumer victims, shall be credited to the General Fund. Any moneys received pursuant to a written agreement in settlement of administrative charges, at any stage of the proceeding, shall be credited to the Consumer Protection Fund. (f) Personal jurisdiction by acts of nonresident respondents. — As to any administrative proceeding authorized by this section, personal jurisdiction may be exercised over any nonresident respondent who, in person or through an agent, commits any of the acts identified in § 3104(c) of Title 10 that would constitute legal presence in the State. (g) Service of process to obtain personal jurisdiction. — Any of the following methods of service of process shall be sufficient to obtain personal jurisdiction over a respondent in an administrative proceeding authorized by this section: (1) Personal hand delivery. (2) Any method of service of process effective under Rule 4(f) of the Superior Court Rules of Civil Procedure. (3) Any method of service of process that would be effective to obtain personal jurisdiction in the Superior Court under § 3104 of Title 10. (h) Administrative hearing evidence. — Upon the request of any party to an administrative proceeding authorized by this section, the administrative hearing officer is empowered to issue subpoenas to nonparties to allow for witnesses or other evidence to be presented at an administrative hearing. If the nonparty fails to comply with the subpoena, the party which requested the subpoena may seek an order from the Superior Court compelling the nonparty to comply with the subpoena. An order issued by the Superior Court pursuant to this subsection may be punished by the Superior Court as a contempt of Court. With respect to nonparties who are not subject to subpoena, the administrative hearing officer is empowered to issue commissions to allow for testimony or other evidence to be obtained for presentation at an administrative hearing. The administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose undue burden or expense on the person subject to the subpoena or commission. 77 Del. Laws, c. 282, §  2 ; 81 Del. Laws, c. 175, §  1 ; § 2524 Administrative remedies. (a) After notice and an administrative hearing, any violation or apparent threat of violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, may be sanctioned by the issuance of a cease and desist order as provided in § 2525 of this title. (b) If, in any administrative proceeding brought under § 2523 of this title, a person is found to have committed a wilful violation, the Director or hearing officer shall order the violator to pay to the State a civil penalty of not more than $5,000 for each violation. (c) After the expiration of the 30-day appeal period in which no appeal has been filed, if the violator fails to pay all penalties and restitution or other amounts administratively determined, the Director may file a complaint in any court of competent jurisdiction and obtain a judgment for the amounts that have not been paid. The amounts shall be treated by the court as an unpaid debt, and the merits of the administrative findings may not be contested. 77 Del. Laws, c. 282, §  2 ; 84 Del. Laws, c. 444, § 3 ; § 2525 Cease and desist orders. (a) By agreement. — At any time after it appears to the Director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person. Each such agreement may provide for: (1) The immediate discontinuance of each practice set forth in the agreement; (2) Any such relief, remedies, penalties, fines, or recoveries authorized by this chapter, including restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enriched; and (3) Any other action deemed by the Director to be necessary to remedy such practice or practices. (b) By administrative order. — Upon the finding of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, after notice and a hearing, the designated hearing officer may issue a cease and desist order against the violator. Such cease and desist order may provide for any relief as indicated in subsection (a) of this section above. (c) By summary administrative order. — (1) Where the Director in the Director’s discretion perceives an immediate threat to the public interest as a result of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice identified in the order, which order must include findings of fact and conclusions of law sufficient to put the respondent on notice of the reasons for the issuance of the order. Before issuing the summary order, the Director or the Director’s designee shall attempt to obtain voluntary compliance from the alleged violator by letter or telephone call. (2) The summary cease and desist order shall be served upon the alleged violator by first class and certified mail to the alleged violator’s last known address. Service shall be deemed effective upon mailing. Within 15 business days after the mailing of the summary order, the alleged violator may request, in writing, a hearing on the charges. A summary order that was not the subject of a hearing may not be appealed to the Superior Court. (3) If the alleged violator makes a written request for a hearing, the Division of Consumer Protection shall provide a hearing on the charges within 15 business days after the receipt by the Director of Consumer Protection of the alleged violator’s written request for a hearing. A written order, containing findings of fact and conclusions of law, shall issue within 15 business days after the close of the hearing. (4) If the alleged violator makes a written request for a hearing but none is provided within 15 business days after the receipt by the Director of Consumer Protection of the written request for a hearing, the summary order shall expire at the end of the fifteenth business day after the receipt by the Director of Consumer Protection of the written request for a hearing unless the alleged violator waives that alleged violator’s right to a prompt hearing by agreeing to a hearing at a later date. If the alleged violator makes a written request for a hearing and one is provided within 15 business days of the receipt by the Director of Consumer Protection of the written request, but no order is issued within 15 business days after the close of the hearing, the summary order shall expire at the end of the fifteenth business day after the close of the hearing, unless the alleged violator agrees to be bound by the summary order until a later date. An order that has expired in accordance with the restrictions of this paragraph may not be reissued as a summary order. (5) The order issued after the hearing may provide for any administrative remedy contained in § 2524 of this title. Any person aggrieved by the order issued after the hearing shall have 30 days to appeal the order to the Superior Court, as provided in § 2523(d) of this title. (6) Any person who wilfully violates a cease and desist order may be sanctioned as provided in § 2524(b) or § 2526 of this title. 77 Del. Laws, c. 282, §  2 ; 84 Del. Laws, c. 444, § 4 ; § 2526 Violation of order or injunction; penalty. (a) The Attorney General or the Director may petition any court of competent jurisdiction to obtain recovery of a civil penalty as provided pursuant to this section. Such petition may be made whenever it appears to the Attorney General or the Director that a person subject to any order or injunction, issued pursuant to any provision of this chapter or any other law or regulation which the Division of Consumer Protection is charged to enforce, has wilfully violated such order or injunction, or breached a material term of an agreement forming the basis for a cease and desist order. (b) A person who wilfully violates any such order or any such agreement shall forfeit and pay to the State an enhanced civil penalty of not more than $25,000 per violation. (c) Any court in which the petition is brought may order the offender, if a violation is found, to cease and desist the unlawful practice. Any subsequent violation of the court’s order may be sanctioned for contempt in addition to an enhanced civil penalty. (d) Nothing in this section shall prevent the Attorney General or the Director from initiating any additional or alternative enforcement action under their lawful powers. 77 Del. Laws, c. 282, §  2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 2530 Short title. This subchapter may be cited as “The Not-for-profit Healthcare Conversion Act.” 74 Del. Laws, c. 298, §  2 ; 77 Del. Laws, c. 282, §  2 ; § 2531 Definitions. As used in this subchapter: (1) “Acute care hospital” means a “hospital” as defined in § 1001 of Title 16, excluding any facility that exclusively provides psychiatric services, rehabilitative services, or long-term care services. (2) “Not-for-profit healthcare conversion transaction” includes any of the following, whether undertaken directly or indirectly through 1 or more affiliates: a. The sale, transfer, lease, exchange, optioning, conveyance, affiliation, merger, joint venture, or other disposition of a material amount of the assets or operations of a not-for-profit healthcare entity, made other than in the normal course of business, to an entity or person other than a charity or not-for-profit entity; b. The transfer of control or governance of a material amount of the assets or operations of a not-for-profit healthcare entity to an entity or person other than a charity or not-for-profit entity; c. A substantial change or amendment to a certificate of incorporation which materially affects a not-for-profit healthcare entity’s charitable or public benefit intent, or the disposition of reserves or control of a not-for-profit healthcare entity to an entity or a person other than a charity or not-for-profit entity; d. A change in the composition of the Board of Directors such that, upon the effective date of such change, a majority of directors of the not-for-profit healthcare entity are affiliated with (or have been elected by directors a majority of whom were or are affiliated with) any single entity or person other than a charity or not-for-profit entity. For purposes of this paragraph (2)d, a director shall be deemed to be affiliated with such entity or person if such director: 1. Receives or has received, directly or indirectly, compensation, including income, in any form from such person or entity (or parent, subsidiary or affiliate of such entity); 2. Serves or has served as a director, officer, employee, partner, member or agent of such entity (or of a parent, subsidiary or affiliate of such entity); 3. Is a close family member of such person or is a close family member of any person who serves as an officer or director of such entity (or parent, subsidiary or affiliate of such entity); or 4. Is, directly or indirectly, controlled by such person or entity. e. With respect to a nonprofit acute care hospital, the sale, transfer, conveyance, or granting of a leasehold or other arrangement that transfers possession or operational control of primary facility real estate to an entity or person other than a charity or not-for-profit entity. (3) “Not-for-profit healthcare entity” includes a not-for-profit hospital, including a corporation or a hospital created under a trust or will, a not for profit healthcare service provider, a not-for-profit nursing home or long term care facility, a not-for profit healthcare insurer, a mutual corporation holding assets in charitable trust for the public benefit, an entity maintaining plans to provide healthcare services or indemnity thereof, and an entity, other than a for-profit entity, affiliated with any of these through ownership, governance, or membership, such as a holding company or subsidiary. (4) “Not-for-profit healthcare insurer” includes a not-for-profit provider of healthcare insurance, including service associations, health service corporations, and physician service organizations or their affiliates. (5) “Person” means an individual, partnership, trust, estate, corporation, association, organization, joint venture, joint stock company, limited liability company, or other legal or commercial entity. (6) “Primary facility real estate” means the land and buildings in which a nonprofit acute care hospital’s licensed inpatient and emergency services are located. (7) “Public benefit asset” means, as to a not-for-profit healthcare entity that is seeking to engage in a not-for-profit healthcare conversion transaction, that part of the fair market value of the converting entity impressed with a public trust for the public benefit as initially determined by the Attorney General and subject to the approval of the Court of Chancery. 74 Del. Laws, c. 298, §  2 ; 77 Del. Laws, c. 282, §  2 ; 78 Del. Laws, c. 109, §  1 ; 85 Del. Laws, c. 350, § 1 ; § 2532 Notice to the Attorney General [Effective until July 1, 2028]. A not-for-profit health-care entity seeking to engage in a not-for-profit healthcare conversion transaction is required to provide written notice of its intent to enter into the transaction to the Attorney General of this State at least 180 days prior to the closing date of the proposed transaction. In the case of any notice required under this section that involves an acute care hospital, the not-for-profit health-care entity is required to simultaneously provide a copy of such notice to the Governor and to the Secretary of the Department of Health and Social Services. 74 Del. Laws, c. 298, §  2 ; 77 Del. Laws, c. 282, §  2 ; 81 Del. Laws, c. 412, § 1 ; 85 Del. Laws, c. 350, § 2 ; § 2532 Notice to the Attorney General [Effective July 1, 2028]. A not-for-profit health-care entity seeking to engage in a not-for-profit healthcare conversion transaction is required to provide written notice of its intent to enter into the transaction to the Attorney General of this State at least 180 days prior to the closing date of the proposed transaction. 74 Del. Laws, c. 298, §  2 ; 77 Del. Laws, c. 282, §  2 ; 81 Del. Laws, c. 412, § 1 ; 85 Del. Laws, c. 350, § 2 ; 85 Del. Laws, c. 350, § 5 ; § 2533 Establishment of a foundation. (a) For proceeds or reserves of not-for-profit healthcare conversion transactions that constitute public benefit assets, there shall be created a new tax-exempt public benefit or charitable organization or foundation pursuant to 26 U.S.C. § 501(c)(3) or (c)(4) of the Federal Internal Revenue Code [26 U.S.C. § 501(c)(3) or (c)(4)] i