2022 Delaware Code
Title 19 - Labor
Chapter 38. Delaware Expanding Access for Retirement and Necessary Saving Program [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3]
§ 3805. Compliance [Effective upon fulfillment of 83 Del. Laws, c. 405, § 3].
(a) The Board shall have exclusive authority to ensure compliance with and enforce this chapter or any regulation promulgated under this chapter.
(b) The Board shall establish a process for the submission of employee complaints concerning a covered employer's alleged failure to comply with this chapter. All complaints concerning a covered employer's compliance with this chapter received by any other state agency shall be referred to the Board. The Board may, with or without a complaint, monitor the status of covered employers' compliance with this chapter, including through review of available data and documents.
(c) If the Board determines that a covered employer is not in compliance with this chapter or regulations issued hereunder, the Board shall issue a notice to the employer outlining the nature and extent of the alleged noncompliance, providing instructions for compliance, and specifying the potential administrative penalties for noncompliance.
(d) If the employer does not come into compliance within 90 days of the date the notice was issued, the Board, in its discretion, may initiate enforcement proceedings under subchapter III, Chapter 101 of Title 29. The Board shall not initiate enforcement proceedings against a covered employer until 1 year after the date on which the employer is required to comply with this chapter for the first time.
(e) The Board may, in a final order, impose administrative penalties against a covered employer who fails to comply with this chapter or any regulation promulgated under this chapter, which penalties shall not exceed $250 per employee per year, up to a maximum total penalty of $5,000 per year.83 Del. Laws, c. 405, § 1;