Delaware § 3309 - Effect of denial of original or renewal application or revocation on applicant or licensee.

§ 3309. Effect of denial of original or renewal application or revocation on applicant or licensee.

(a) A transporter whose application for licensure or renewal has been denied, or whose license has been revoked, may not be employed by any other licensed transporter or dealership, nor may the transporter be employed in any of the capacities listed in this section for the following time periods:

(1) If the transporter’s license is revoked, for 5 years from the effective date of the revocation.

(2) If a transporter’s original or renewal application is denied, for 12 months from the date of the decision denying the application, or any other time period set forth in the decision.

(b) When issuing a decision that revokes or suspends a transporter license, or that denies an original or renewal application, the Division must provide the applicant or licensee with notice of the following:

(1) The transporter must return all documentation and transporter plates required under § 3311 of this title.

(2) If the transporter does not return the documentation or plates as required by this section within 30 days from the date the Division provides the required notification, the time periods set forth in subsection (a) of this section are extended by 1 day for each day the documentation and transporter plates remain outstanding.

(3) If the documentation and transporter plates are not provided within 6 months of the deadline, the time periods set forth in subsection (b) of this section may be extended indefinitely.

(c) If a transporter is or is found to have been employed in violation of this section, the time periods set forth in subsection (a) are extended by 6 months for every month the transporter is employed in violation of this section.

(d) The prohibitions set forth in this section apply to any individual applicant or licensee. If the applicant or licensee is a partnership, the prohibitions set forth in this section apply to each individual partner listed on the application. If the applicant or licensee is a corporation, the prohibitions set forth in this section apply to the individual or individuals who signed the application.

(e) The Division must notify any transporter found to be in violation of this section of its intent to extend the suspension of the license or any time periods set forth under subsection (a) of this section. The notice may be provided in the same manner as the notice of intent to revoke or suspend the license or deny the original or renewal application under § 3308 of this title. The notice must include the following:

(1) The Division’s intent to extend the suspension or any time periods set forth under subsection (a) of this section.

(2) The nature of the violations committed by the transporter.

(3) An explanation that the transporter has a right to request a hearing to dispute the intended extension of the suspension or time periods set forth under subsection (a) of this section, that the hearing must be requested within 10 business days from the earlier of the date the applicant or licensee receives the notice or the Division receives the return receipt.

(4) An explanation that the transporter has the right to present evidence, to be represented by counsel, and to appear personally or by other representative at the hearing, if requested.

(f) If no hearing is requested within the allotted time, the Division may issue a final decision, which may be provided to the applicant or licensee in the same manner as the written notice under this section.

(g) Any hearing requested by a transporter under this section must follow the procedures set forth in § 3310 of this title.

84 Del. Laws, c. 302, § 3;