TITLE 29

State Government

General Regulations for State Agencies

CHAPTER 103. BUSINESS REGISTRATION AND LICENSING SYSTEM


The General Assembly finds that it is necessary to establish a centralized program for business registration and licensing in order to make it convenient and easy for businesses, especially small businesses, to use. The General Assembly also finds that it is necessary to establish a procedure which will reduce the total number of licenses required to do business in this State. This can be accomplished by development of a computerized system capable of storing, retrieving and exchanging license information as well as issuing and renewing master licenses while at the same time allowing the authority for determining if any requested license shall be issued to remain with the agency authorized to issue the license.

64 Del. Laws, c. 12, § 1.;

As used in this chapter:

(1) "Board of Review" means the body established to review policies and rules adopted by the Delaware Economic Development Office for carrying out this chapter.

(2) "License" means the whole or part of any agency permit, license, certificate, approval, registration, charter or any form or permission required by law, including agency rule, to engage in any activity.

(3) "Master license" means the document designed for public display issued by the system which certifies individual state agency approval for licenses the State requires for any person subject to this chapter.

(4) "Person" means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, State or local government agency and any other organization required to register with the State to do business in the State and to obtain 1 or more licenses from the State or any of its agencies.

(5) "System" means the business registration and licensing center established by this chapter and located in and under the administrative control of the Delaware Economic Development Office.

64 Del. Laws, c. 12, § 1; 69 Del. Laws, c. 458, § 1.;

(a) The Delaware Economic Development Office is directed to study the feasibility of a business registration and licensing system.

(b) The duties of the system shall be:

(1) To establish a service not later than 60 days after February 8, 1983, that will provide information to persons detailing all state licenses required to engage in business in this State and the locations for applying for those licenses;

(2) To adopt a common system of identifying businesses for licensing purposes for all state agencies prior to July 1, 1985. This common system of identification shall consist of the federal employer's identification number or the applicant's social security number;

(3) To recommend to the General Assembly not later than 6 months after February 8, 1983, criteria for evaluation of existing and proposed forms of licensing authorization;

(4) To develop not later than December 1, 1983, a plan for a computerized system capable of storing, retrieving and exchanging license information as well as issuing and renewing master licenses in an efficient manner;

(5) The Division of Revenue of the Department of Finance will develop a system to integrate license fee payment and renewal for various business and occupational licenses with the business license system currently administered by the Division of Revenue. Initially selected licenses administered by the Alcoholic Beverage Control Commission, the Division of Professional Regulation of the Department of State and the Motor Fuel Tax Administration of the Department of Transportation will be included in the initial implementation of the consolidated license system. The Director of the Division of Revenue will report on these consolidation efforts to the General Assembly by March 31, 1985. Nothing in this section will restrict, alter or modify the regulatory authority of the Alcoholic Beverage Control Commission, the Division of Professional Regulation or the Motor Fuel Tax Administration.

(c) All annual business licenses that charge a fee less than $10 annually shall become licenses renewed for a term of 3 years on January 1, 1985, or on the date of first renewal date after January 1, 1985. The license fee for the 3-year period shall be established at a rate equal to 3 times the current annual fee and each license will be effective for a 3-year period.

(d) The plan for developing the system shall include a phased approach approved by the Director that:

(1) Will include a feasibility study;

(2) Will provide for an evaluation of alternatives and the costs associated with each alternative;

(3) Will have interagency procedures for effectuating the system;

(4) Will have selected those licenses which will be included in the initial implementation of the system and the date and manner in which the licenses will be integrated into the system;

(5) Will have a cost benefit analysis of the final implementation of this chapter.

(e) The Director shall adopt such rules and regulations as under state statute are necessary to effectuate the purposes of this chapter.

64 Del. Laws, c. 12, § 1; 64 Del. Laws, c. 457, §§ 1-3; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 290, §§ 184, 185; 69 Del. Laws, c. 458, § 1; 75 Del. Laws, c. 88, § 17(3).;

There is established a Board of Review to provide policy direction to the Delaware Economic Development Office as it establishes and operates the business registration and licensing system. The Board of Review shall be composed of the following officials, who will serve without compensation:

(1) Director of the Division of Revenue;

(2) Secretary of Labor;

(3) Secretary of Agriculture;

(4) Director of the Delaware Economic Development Office;

(5) Chairperson, Delaware Alcoholic Beverages Control Commission;

(6) Secretary, Department of Natural Resources and Environmental Control;

(7) Secretary of Finance;

(8) Secretary of Health and Social Services;

(9) Secretary, Department of Transportation;

(10) Director, Motor Vehicle Division;

(11) Secretary of State.

64 Del. Laws, c. 12, § 1; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 17(3).;

Each agency administering licenses shall publish, prior to January 1, 1985, regulations prescribing the maximum period of review for each specific license or permit administered by that agency. No license or renewal for which proper and timely application has been made shall be withheld or denied because of the failure of an agency to act within the prescribed maximum period of review. Each agency will remit the application or license fee to any business if its request for a license or permit is not acted upon within the prescribed maximum period for agency review. Nothing within this section shall restrict an agency from denying approval for failure of the applicant to comply with the applicable laws and regulations.

64 Del. Laws, c. 457, § 4.;

Every state agency shall regularly mail or distribute to Delaware businesses the renewal form or application necessary for retention or renewal of any regularly renewable license. No license shall be withheld, or denied, if the administering agency failed to provide the applicant with the information necessary for a proper and timely renewal or retention of a license.

64 Del. Laws, c. 457, § 5.;

Repealed by 74 Del. Laws, c. 186, § 2, effective Feb. 14, 2004.;

The General Assembly hereby directs all state agencies to offer their full cooperation in the implementation of this chapter.

64 Del. Laws, c. 12, § 1; 64 Del. Laws, c. 457, § 7.;