(a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in the Secretary's discretion, may assess an administrative penalty not less than $500 nor more than $10,000 for each offense.
(b) Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a hearing. Any hearing, if requested, right of appeal and judicial appeal shall be conducted in accordance with Chapter 101 of Title 29. The Secretary shall render an opinion within 30 days of said hearing.
(c) In determining the amount of the penalty, the Secretary shall consider the appropriateness of such penalty to the size of the person's ability to continue in business and the gravity of the violation. Whenever the Secretary finds the violation occurred despite the exercise of due care, the Secretary may issue a warning in lieu of assessing a penalty.
Structure Delaware Code
Chapter 51. STANDARD WEIGHTS AND MEASURES
§ 5101. Definitions; meaning of terms.
§ 5102. Systems of weights and measures.
§ 5103. Definitions of special units of measure.
§ 5104. State standards of weights and measures.
§ 5105. Field standards and equipment.
§ 5106. General powers and duties of Secretary of Agriculture.
§ 5107. Specific powers and duties of Secretary of Agriculture; regulations.
§ 5108. Testing at state-supported institutions.
§ 5111. Inspection of packages.
§ 5112. Stop-use, stop-removal, and removal orders.
§ 5113. Disposition of correct and incorrect apparatus.
§ 5114. Police powers; right of entry and stoppage.
§ 5115. Powers and duties of inspectors.
§ 5116. Duty of owners of incorrect apparatus.
§ 5117. Method of sale of commodities.
§ 5118. Packages; declarations of quantity and origin; variations; exemptions.
§ 5119. Declarations of unit price on random packages.
§ 5120. Uniform packaging and labeling.
§ 5121. Advertising packages for sale.
§ 5123. Misrepresentation of price.
§ 5124. Meat, poultry and seafood.
§ 5125. Clams, mussels, oysters, and other mollusks.
§ 5127. Bulk deliveries of commodities sold in terms of weight.
§ 5128. Furnace and stove oil.
§ 5129. Berries and small fruits.
§ 5130. Construction of contracts.
§ 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records.
§ 5132. Hindering or obstructing officer; penalties.
§ 5133. Impersonation of officer; penalties.
§ 5134. Offenses and penalties.
§ 5137. Validity of prosecutions.
§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.
§ 5140. Fees for services for out-of-state companies.