16 Del. C. § 3001F: License required [For application of this section, 85 Del. Laws, c. 483, § 9] [Effective Jan. 1, 2027].

(a) A person may not operate an animal shelter in this State without doing both of the following:

(1) Obtaining a license from the Department.

(2) Renewing the license annually.

(b) (1) Each branch of an animal shelter must be separately licensed, even if the branches are operated by the same person.

(2) Licenses are not transferable to another branch or person.

(c) (1) An application for a license and license renewal must be submitted in the form and manner required by the Department.

(2) The Department may charge an animal shelter a reasonable license fee and license renewal fee that may not exceed the costs to the Department of administering this subchapter.

(d) An animal shelter must undergo an inspection before an initial license is issued to ensure that animal shelter’s ability to comply with this subchapter and applicable regulations.

(e) (1) Subject to subsection (f) of this section, the Department shall renew a person’s license if that person complies with subsection (c) of this section by filing an application to renew the license and paying any required license renewal fee.

(2) The Department has discretion to issue an animal shelter a provisional license when requirements for license renewal are not met under subsection (f) of this section if the required license renewal fee has been paid.

(f) The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following:

(1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license.

(2) Fails to meet the requirements of this subchapter or any applicable regulation.

(3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following:

a. An application for a license or a license renewal.

b. Any data or document submitted to the Department.

c. Records required to be kept under this subchapter or under applicable regulation.

(4) Refuses to allow representatives or agents of the Department to inspect any of the following:

a. All or any portion of the animal shelter.

b. Any documents, records, or files required to be maintained by the animal shelter.

(5) Does not correct a previously identified violation.

(6) Has unpaid fees or fines.

(7) Has a history of noncompliance with animal welfare laws or applicable regulations.

(g) Failure to comply with subsection (a) of this section may result in the imposition by the Department of a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate an animal shelter without a license is another violation. The Department may issue a warning for the first violation.

(h) A person must be given notice and the opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 before the Department may do either of the following:

(1) Revoke, suspend, or deny a license or license renewal.

(2) Issue a civil penalty under subsection (g) of this section.