(a) In this section “insolvent” means:
(1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute;
(2) Being unable to pay debts as they become due; or
(3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq., as amended.
(b) The Attorney General may suspend, revoke, or deny renewal of a provider's license if:
(1) A fact or condition exists that, if it had existed when the licensed provider applied for its provider license, would have been a reason for denying the license;
(2) The provider has committed a material violation of this chapter or a rule or order of the Attorney General under this chapter;
(3) The provider is insolvent;
(4) The provider or an employee or affiliate of the provider has refused to permit the Attorney General to make an examination authorized by this chapter; or
(5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the Attorney General.
(c) If a provider does not comply with § 2422A(f) of this title or if the Attorney General otherwise finds that the public health or safety or general welfare requires emergency action, the Attorney General may order a summary suspension of the provider's license, effective on the date specified in the order.
(d) If the Attorney General suspends, revokes, or denies the renewal of a provider license, the Attorney General may seek a court order authorizing seizure of any or all of the money in a trust account required by § 2422A of this title, as well as all books, records, accounts, and other property of the provider which are located in this State.
(e) If the Attorney General makes a preliminary determination to suspend or revoke a provider's license, the provider may file a request for a hearing with the Attorney General pursuant to subchapter IV of the Delaware Administrative Procedures Act, Chapter 101 of Title 29. The Attorney General's preliminary determination may become a final decision if such a request is not timely filed. Notwithstanding any other provisions of this Code, any final order under this section will be a public record.
Structure Delaware Code
Chapter 24A. DEBT-MANAGEMENT SERVICES
§ 2403A. Exempt agreements and persons.
§ 2405A. Application for license — Form, fee, and accompanying documents.
§ 2406A. Application for license — Required information.
§ 2407A. Application for license — Obligation to update information.
§ 2408A. Application for license — Public information.
§ 2409A. License — Issuance or denial.
§ 2412A. License in another state.
§ 2414A. Bond required — Substitute.
§ 2415A. Requirement of good faith.
§ 2417A. Prerequisites for providing debt-management services.
§ 2418A. Communication by electronic or other means.
§ 2419A. Form and contents of agreement.
§ 2420A. Cancellation of agreement; waiver.
§ 2423A. Fees and other charges.
§ 2424A. Voluntary contributions.
§ 2426A. Termination of agreements.
§ 2427A. Periodic reports and retention of records.
§ 2428A. Prohibited acts and practices.
§ 2429A. Notice of litigation.
§ 2431A. Liability for the conduct of other persons.
§ 2432A. Powers of Attorney General.
§ 2433A. Administrative remedies.
§ 2434A. Suspension, revocation, or nonrenewal of license.
§ 2436A. Violation of unfair or deceptive practices statute.
§ 2437A. Statute of limitations.
§ 2438A. Uniformity of application and construction.
§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act.