(a) Any reporting party who fails to file or deliver to the Commissioner any report required under this chapter shall be assessed a fine by the Commissioner of $50 for each day that such report is tardy in delivery to the Commissioner. In the event any report required under this chapter shall be incomplete, such report shall be deemed tardy for purposes of this section. Notwithstanding the foregoing, a reporting party shall be entitled to an automatic, 1-time 24-hour extension hereunder, provided such party notifies the Commissioner in writing thereof no later than 11:

(b) In the event that the Commissioner determines a report is incomplete or otherwise tardy, the Commissioner shall immediately notify the reporting party thereof in writing. Such notice shall state that a fine is being assessed for each late day that the report is incomplete or otherwise tardy and, to the extent applicable, shall also specify why such report is incomplete or otherwise tardy.

(c) Upon receipt of the notice required under subsection (b) of this section, the reporting party shall have 30 days to appeal such fine in writing to the Reports Appeals Subcommittee established under § 220 of this title.

(d) When an appeal is timely filed under subsection (c) of this section, the Subcommittee shall do all of the following:

(1) Meet and conduct an appeal hearing within 15 days of the filing of the appeal. The Subcommittee Chair shall schedule the meeting and give notice of the meeting to the members and the reporting party that filed the appeal.

(2) Take testimony.

(3) Keep records of all evidence taken at hearings under this section, including a recording of the hearing by electronic or any other means standard to recording judicial or quasi-judicial hearings.

(4) Make and put into writing factual findings and conclusions regarding the appeal.

(5) Notify the reporting party of the Subcommittee’s factual findings and conclusions regarding the appeal, by mail to the reporting party’s last known address or electronic means, within 10 business days of the hearing on the appeal.

(e) The reporting party shall have the opportunity and burden of proof to show the Reports Appeals Subcommittee, by a preponderance of the evidence, that the reporting party’s tardiness in filing a report required under this chapter is due to reasonable cause and not wilful neglect.

(f) The payment of any fines due under this section is stayed pending a validly filed appeal. If the Reports Appeals Subcommittee determines that such tardiness is not due to reasonable cause, or the reporting party fails to timely file an appeal, such fine shall constitute a debt due and owing the State, assessable by the Commissioner and recoverable against the reporting party.

(g) The Reports Appeal Subcommittee shall notify the Office of the Attorney General that the reporting party has failed to file a report if a tardy report is not filed or corrected within 30 days of 1 of the following:

(1) A determination by the Reports Appeals Subcommittee that such tardiness is not due to reasonable cause.

(2) The expiration of the appeal period set forth in subsection (c) of this section.

67 Del. Laws, c. 449, § 1; 78 Del. Laws, c. 399, § 2; 80 Del. Laws, c. 394, § 4.