reglab/housing_qa huggingface dataset:
24 DE Code § 4442. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 44. Manufactured Home Installation|Subchapter V. Disciplinary Proceedings|§ 4442. Hearing procedures.

§ 4442. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 4441 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of the day that notice of the decision is mailed, in accordance with the Administrative Procedures Act, § 10142 of Title 29. 75 Del. Laws, c. 213, §  1;  79 Del. Laws, c. 171, §  1;
24 DE Code § 4443. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 44. Manufactured Home Installation|Subchapter V. Disciplinary Proceedings|§ 4443. Disciplinary sanctions.

§ 4443. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 4441 of this title applies to a practitioner:  (1) Issue a letter of reprimand; (2) Place the practitioner on probationary status and require the practitioner to:  a. Report regularly to the Board upon the matters which are the basis for the probation; and/or b. Limit all practice and professional activities to those areas prescribed by the Board. (3) Impose a monetary penalty as set forth in § 4445(c) of this title; (4) Suspend any practitioner's license or certificate. (5) Revoke or permanently revoke any practitioner's license or certificate. (b) The Board may withdraw or reduce conditions of probation when it finds that deficiencies requiring such action have been remedied. (c) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license or certificate. 79 Del. Laws, c. 171, §  1;
24 DE Code § 4444. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 44. Manufactured Home Installation|Subchapter V. Disciplinary Proceedings|§ 4444. Temporary suspension pending hearing.

§ 4444. Temporary suspension pending hearing. In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license. 79 Del. Laws, c. 171, §  1;
24 DE Code § 4445. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 44. Manufactured Home Installation|Subchapter V. Disciplinary Proceedings|§ 4445. Penalties.

§ 4445. Penalties. (a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of manufactured home installation or manufactured home installation inspection regulated by this chapter without having lawfully obtained a license or certificate or that a person previously licensed or certified under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person's license or certificate has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter. (b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1,000. Each day a violation continues may be deemed a separate offense in the Board's discretion. (c) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Title 11. (d) In addition to the sanctions set forth in subsections (a) and (b) of this section, a person, not currently licensed as a manufactured home installer or certified as a manufactured home installation inspector under this chapter, when guilty of performing manufactured home installation or manufactured home installation inspection, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey, the impression that the person is qualified to perform manufactured home installation or manufactured home installation inspection, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter. 79 Del. Laws, c. 171, §  1;
24 DE Code § 5100. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5100. Objectives.

§ 5100. Objectives. The primary objective of the Board of Cosmetology and Barbering, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by these subchapters) from unsafe practices, and from occupational practices which tend to reduce competition or artificially fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competency; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners. 63 Del. Laws, c. 146, §  3;  64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5102. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5102. Authority to regulate.

§ 5102. Authority to regulate. The Board of Cosmetology and Barbering shall regulate persons performing any of the functions outlined in the duties of a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5105. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5105. Officers; meetings; quorum.

§ 5105. Officers; meetings; quorum. (a) In the same month of each year the members shall elect, from among their number, a president, a vice-president and a secretary for 1 year. Each officer shall serve for 1 year, and may successively serve in the same office for 1 additional term. In the event that the president shall leave the Board, the vice-president shall become president and an election shall be held within 90 days of the president's departure. (b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year, and at such other times as the president deems necessary or at the request of a majority of board members. (c) A majority of members shall constitute a quorum for the purpose of transacting business. No action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of at least 7 members. (d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded by a court reporter and any stenographic transcript requested shall be at the expense of the party making the request. 63 Del. Laws, c. 146, §  3;  64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 409, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5108. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5108. Examinations.

§ 5108. Examinations. (a) There shall be separate written and practical examinations for licensure for barbering, cosmetology, nail technology, electrology and aesthetics which shall be professionally developed and used on a national basis. Each of these examinations shall be offered at least semi-annually. If the required written or practical examination cannot be procured from a professional testing service, the Board may develop the written or practical examination subject to the approval of the Division of Professional Regulation. (b) No Board member or designee of the Board may administer a practical examination to any student from an educational institution or commercial establishment where the Board member or designee of the Board is employed or has a fiduciary interest therein. (c) Examination services shall be contracted and approved by the Division of Professional Regulation. Grading will be performed by the contracted testing service where professionally developed examinations are used. All scoring for practical examinations shall be approved by the Division of Professional Regulation. (d) The Board, in its rules and regulations, shall determine the number of times that an applicant may retake the examination. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 430, §  2;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5109. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5109. Reciprocity.

§ 5109. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 1 continuous year out of the last 5 years immediately preceding application in this State. The 1 continuous year must be work experience obtained while the individual was holding a license in the same field for which the individual is seeking a license. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5107(a)(4), (5), (6), (7) and (8) of this title. (b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §  14;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;  80 Del. Laws, c. 135, §  1;  82 Del. Laws, c. 77, § 3;
24 DE Code § 5110. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5110. Fees.

§ 5110. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium. 64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  15;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5111. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5111. Issuance of license; renewal; reinstatement; lapsed license.

§ 5111. Issuance of license; renewal; reinstatement; lapsed license. (a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such license, file for and obtain an occupational license from the Division of Revenue, if required, in accordance with Chapter 23 of Title 30. The Board shall issue a license to each person who has qualified for same under this chapter. A duplicate license shall be issued to a practitioner licensed under this chapter upon payment of a fee established by the Division of Professional Regulation. The license shall be clearly marked “DUPLICATE.” (b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee's license to lapse for less than 5 years may renew such lapsed license upon payment of a late fee established by the Division, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee's license to lapse for longer than 5 years may reinstate such license by taking and passing the practical examination for the profession for which the licensee is seeking reinstatement. (1)-(4) [Repealed.] (c) A shop or school that allows its license to lapse has 45 days from the expiration date to apply for reinstatement. After that time, any shop or school must reapply. (d) A former licensee whose license has been revoked shall apply for a new license, successfully complete all examinations, and pay all appropriate fees before the person may be licensed. 64 Del. Laws, c. 8, §  1;  64 Del. Laws, c. 144, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §  16;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;  82 Del. Laws, c. 77, § 4;
24 DE Code § 5112. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5112. Complaints.

§ 5112. Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon, barbershop or aesthetics shop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology, nail technology or aesthetics without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of § 5117(b) or (c) of this title, as applicable. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator's report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11. (b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, electrology salon or aesthetics shop which may harm the health of those receiving the services outlined in this chapter shall be investigated by the Division of Public Health. 64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  69 Del. Laws, c. 178, §  1;  71 Del. Laws, c. 299, §  1;  73 Del. Laws, c. 158, §§  17, 18;  77 Del. Laws, c. 65, §  1;
24 DE Code § 5114. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5114. Disciplinary sanctions.

§ 5114. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 5113 of this title applies to a practitioner regulated by this chapter:  (1) Issue a letter of reprimand; (2) Impose a civil penalty not to exceed $500 for each violation of this chapter; (3) Place a practitioner on probationary status, and require the practitioner to:  a. Report regularly to the Board upon the matters which are the basis of the probation; b. Limit all practice and professional activities to those areas prescribed by the Board; (4) Suspend any practitioner's license; (5) Revoke a practitioner's license; (6) Permanently revoke a practitioner's license. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. (c) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;
24 DE Code § 5115. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5115. Temporary suspension pending hearing.

§ 5115. Temporary suspension pending hearing. In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license. 77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 213, §  2;
24 DE Code § 5116. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5116. Hearing procedures.

§ 5116. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging a violation of § 5113 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with Chapter 101 of Title 29. (b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the practitioner. (c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of the day the notice of decision was mailed. Upon such appeal the Court shall hear the evidence on the record. Board action shall not be stayed upon appeal unless so ordered by the Superior Court. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 441, §  3;  73 Del. Laws, c. 158, §§  24-26;  77 Del. Laws, c. 65, §  1;