(a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty.
(b) In the event that a civil monetary penalty has been collected by the State and the federal government subsequently collects a penalty for the same conditions, the State shall refund the previously collected penalty.
71 Del. Laws, c. 488, § 2; 72 Del. Laws, c. 428, § 1; 81 Del. Laws, c. 206, § 12.