Delaware Code Title 19 Sec. 3605 – Registration requirements
(a) To register under this chapter, a contractor shall submit all required forms, information, and fees to the Department.
Terms Used In Delaware Code Title 19 Sec. 3605
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) A contractor must apply for a registration certificate by submitting a complete application on the form provided by the Department, which must include all of the following information regarding the contractor, if applicable:
(1) Name, principal business address, telephone number, fax number, and e-mail address.
(2) Type of business entity, including corporation, partnership, or sole proprietorship.
(3) If the principal business address is not within the State, the name and address of the custodian of records and agent for service of process in the State.
(4) The name of the person, the date and nature of the violation, conviction, or judgment, and all additional information requested by the Department if the contractor or a person holding a financial interest in the contractor’s business has ever done any of the following:
a. Held a financial interest in a licensed entity that was cited by the Department for a violation of a labor law.
b. Been convicted of home improvement fraud under § 916 of Title 11 or new home construction fraud under § 917 of Title 11.
c. Been found to have engaged in an unlawful practice under § 2513 of Title 6.
(5) The federal employer identification number, the state taxpayer identification number, individual tax identification number, or other tax identification number.
(6) Proof of Delaware worker’s compensation insurance.
(7) Proof of a state business license.
(8) A safety plan that is compliant with the requirements established by the Occupational Safety and Health Administration.
(c) (1) a. A contractor who has a state contract under subchapter IV of Chapter 69 of Title 29 must pay an initial annual nonrefundable registration fee of $300 to the Department with the application under this section.
b. The nonrefundable registration fee for the second annual registration is $300.
c. Upon successful completion of 2 consecutive years of registration, a contractor may register for a 2-year period and pay a nonrefundable registration fee of $500. The Department may only grant a 2-year registration if the contractor has not violated this chapter or any other labor laws during the registration period that is expiring.
d. A contractor who is performing public work on July 1, 2021, shall submit the registration application form and fee to the Department no later than August 1, 2021.
(2) a. A contractor who does not have a state contract under subchapter IV of Chapter 69 of Title 29 must pay an initial annual nonrefundable registration fee of $200 to the Department with the application under this section.
b. The nonrefundable registration fee for the second annual registration is $200.
c. Upon successful completion of 2 consecutive years of registration, a contractor may register for a 2-year period and pay a nonrefundable registration fee of $300. The Department may only grant a 2-year registration if the contractor has not violated this chapter or any other labor laws during the registration period that is expiring.
(d) The Department may enter into cooperative agreements with other state agencies, including the Department of Finance and the Department of State, to share information required under this chapter and to streamline the process of contractor registration.
(e) Information under subsection (a), (b), or (d) of this section is not public information under Chapter 100 of Title 29.
82 Del. Laws, c. 168, § 4; 82 Del. Laws, c. 291, § 1; 82 Del. Laws, c. 291, § 2;