Delaware Code Title 24 Sec. 1229 – Civil penalties and appeals
(a) Summons and notice of violation. —
Terms Used In Delaware Code Title 24 Sec. 1229
- Alarm: means a security alarm system signal that is created by the activation of a security alarm system. See Delaware Code Title 24 Sec. 1222
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Security alarm system: is a s defined in § 1201 of this title. See Delaware Code Title 24 Sec. 1222
- Security alarm system user: means any person or entity, which has contracted for monitoring, repair, installation or maintenance services from a security alarm business for a security alarm system, or which owns or operates a security alarm system which is not monitored, maintained or repaired under contract. See Delaware Code Title 24 Sec. 1222
- Summons: Another word for subpoena used by the criminal justice system.
A summons for payment of a violation of this subchapter may be executed by mailing such summons to the security alarm system user at the address where the security alarm system is located.
(b) Payment. —
Persons electing to pay a civil penalty shall make payments to the entity designated on the summons for payment. Procedure for payment under this section shall be by regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable municipality or county.
(c) Procedure to contest a violation. —
A security alarm system user receiving a summons pursuant to this subchapter may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 30 days of the date of the mailing of the summons. Upon receipt of a timely request for a hearing, an administrative hearing shall be scheduled pursuant to regulations set forth by the Department of Safety and Homeland Security and the security alarm system user shall be notified of the hearing date by first class mail. The hearing may be informal and shall be held in accordance with the regulations of the Department of Safety and Homeland Security. Costs for such hearing shall not be assessed against the prevailing party.
(d) Appeal of administrative hearing. —
Either party may elect to appeal an administrative decision to the Justice of the Peace Court, which shall have exclusive jurisdiction to hear the appeal. An appeal to the Justice of the Peace Court shall be the final right of appeal.
(e) Failure to pay and successfully contest the violation. —
If the security alarm system user fails to pay the civil penalty, to respond to the summons within the time specified on the summons, and/or to successfully contest the civil penalty, the Department of Safety and Homeland Security, or its designee, may establish procedures for the collection of these civil penalties, and may enforce the civil penalty by civil action in the Justice of the Peace Court, including seeking judgment and execution on a judgment against the security alarm system user.