Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
800 - Suspension of License; Sanctions and Fines
803 - (Formerly Rule 73.1) Sanctions for Certified Alcoholic Beverage Servers Who Violate the Liquor Control Act or Commissioner Rules
Section 803-4.0 - Administrative Procedures

4.1 DATE Agents may administratively cite any licensee or Delaware certified alcoholic beverage server for violating provisions of the Liquor Control Act or Commissioner rules.

4.2 A certified alcoholic beverage server who violates the Liquor Control Act or Commissioner Rules shall be notified of the alleged violation by the investigating agent as promptly as is possible.

4.3 A Notice of Violation will be mailed "Return Receipt Requested" to the server. The server shall have ten (10) working days after receipt of the notice to request a hearing by the Commissioner.

4.4 Should a certified alcoholic beverage server fail to request a hearing after receiving notice in conformity with 29 Del.C. § 10122, the server shall be assessed by the division the sanction listed in subsection 5 below which may then be ratified by the Commissioner at the next regularly scheduled meeting.

4.5 If a server timely requests a hearing before the Commissioner pursuant to 29 Del.C. § 10125, he/she shall be placed on the next available agenda before the Commissioner and shall retain the rights set forth in 29 Del.C. § 10122.