reglab/housing_qa huggingface dataset:
23 DE Code § 2302. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 23. Operation of a Vessel or Boat While Under the Influence of Intoxicating Liquor And/or Drugs|§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.

§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs. (a) No person shall motor, sail, row, operate, command or have actual physical control of any vessel or boat underway on Delaware waters:  (1) When the person is under the influence of alcohol; (2) When the person is under the influence of a drug; (3) When the person is under the influence of any combination of alcohol and any drug; (4) When the person's alcohol concentration is 0.08 or more; or (5) When the person's alcohol concentration is, within 4 hours after the time of vessel operation, 0.08 or more. (b) Any person charged under subsection (a) of this section whose blood alcohol concentration is 8/1 0 0 of 1% or more by weight as shown by a chemical analysis of a blood, breath or urine sample taken within 4 hours of the alleged offense shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. (c) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section. (d) It shall be an affirmative defense to a prosecution premised on paragraph (a)(5) of this section if the person proves by a preponderance of evidence that the person consumed a sufficient quantity of alcohol after the time of actual vessel operation and before any sampling to cause the person's alcohol concentration to exceed 0.08. Such evidence shall not be admitted unless notice of this defense is given to the prosecution at least 20 days before trial. (e) The charging document may allege a violation of subsection (a) of this section without specifying any particular paragraph of subsection (a) of this section and the prosecution may seek conviction under any of the paragraphs of subsection (a) of this section. 67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 565, §§  2, 3;  75 Del. Laws, c. 437, §§  1, 2;
23 DE Code § 2304. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 23. Operation of a Vessel or Boat While Under the Influence of Intoxicating Liquor And/or Drugs|§ 2304. Refusal to submit to chemical test.

§ 2304. Refusal to submit to chemical test. (a) If any person requested refuses to submit to a chemical test pursuant to § 2303 of this title, after being informed of the penalty for said refusal, that person shall be prohibited from operating a vessel upon Delaware waters for a period of 1 year. This prohibition shall begin the day of said refusal. (b) The Secretary of the Department shall notify in writing said persons of this prohibition and its duration and shall maintain a list of these individuals. (c) Operation upon Delaware waters during the period of prohibition provided in subsection (a) of this section shall be punished by a fine of not less than $500 nor more than $2,000 and/or 30 days in jail. 67 Del. Laws, c. 216, §  2;
23 DE Code § 2306. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 23. Operation of a Vessel or Boat While Under the Influence of Intoxicating Liquor And/or Drugs|§ 2306. Enforcement of chapter.

§ 2306. Enforcement of chapter. In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without warrant any person who the officer has probable cause to believe has violated the provisions of this chapter, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable cause to believe that the violation of this chapter occurred within the officer's jurisdiction. This authority to arrest also extends to any place where the person is found within 4 hours of the alleged operation of a vessel if there is reason to believe the person has fled the scene of an accident in which the person was involved, and provided there is probable cause to believe that the violation of this chapter occurred within the officer's jurisdiction. 67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 565, §  7;
23 DE Code § 2307. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 23. Operation of a Vessel or Boat While Under the Influence of Intoxicating Liquor And/or Drugs|§ 2307. Persons qualified to administer tests.

§ 2307. Persons qualified to administer tests. Any person qualified under § 2746 of Title 21 shall be qualified for the purposes of this chapter to withdraw blood from a person submitting to a chemical test or obtaining a specimen of breath or urine under this chapter. 67 Del. Laws, c. 216, §  2;
23 DE Code § 2308. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 23. Operation of a Vessel or Boat While Under the Influence of Intoxicating Liquor And/or Drugs|§ 2308. Disposition of vessel and property.

§ 2308. Disposition of vessel and property. (a) Where the only person on a vessel is an individual suspected of violating this chapter, the following procedure shall apply:  (1) The vessel shall be towed to a safe port and be secured. (2) An inventory of the vessel's contents shall be made. The occupant of the vessel shall sign the inventory and receive a copy thereof. (3) All contents of the vessel shall be secured on the boat whenever possible. If it is not possible to secure the contents on the vessel, the contents must be secured safely elsewhere. (4) The vessel shall remain secured until the vessel's occupant or the occupant's designee is capable of assuming responsibility for the vessel. (b) Where more than 1 person is on a vessel which has been stopped for a suspected violation of this chapter, the following procedure shall apply:  (1) The vessel shall be towed to a safe port and be secured unless there is a competent person on the vessel who is designated by the operator to take responsibility for the vessel. (2) If there is no competent person on the vessel to operate it, the procedures set forth in subsection (a) of this section shall apply. (c) A vessel shall be considered at “a safe port and be secured” if:  (1) The vessel is placed at a marina under a bailment contract with the marina operator, at the owner's expense. The marina operator must be paid a storage fee by the owner or operator upon release of the vessel. When a vessel is placed at a marina, the marina operator shall sign and receive a copy of the inventory of the vessel; or (2) The vessel is transported to a state-operated facility. (d) Where a vessel which has been stopped for a suspected violation of this chapter has been damaged or has caused damage as a result of its operation in violation of the chapter, the vessel may, at the direction of the investigating agency, be removed and impounded for evidentiary purposes. The vessel shall be inventoried pursuant to paragraph (a)(2) of this section, but the vessel shall not be released until evidentiary processing is completed. 67 Del. Laws, c. 216, §  2;  70 Del. Laws, c. 186, §  1;
23 DE Code § 2401. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 24. Exemptions From Civil Liability for Rendering Vessel Traffic Information Services|§ 2401. Definitions.

§ 2401. Definitions. As used in this chapter:  (1) The term “sponsors and operators” shall mean The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange. (2) The term “watch officer” means any river pilot, licensed as such by any state, or any person otherwise certified by the sponsors and operators, and who is maintaining a vessel traffic watch at any designated vessel information traffic station serving the water within the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State.68 Del. Laws, c. 46, §  1;
23 DE Code § 2402. (2021)
2021 Delaware Code|Title 23 - Navigation and Waters|Chapter 24. Exemptions From Civil Liability for Rendering Vessel Traffic Information Services|§ 2402. Limitation of liability of watch officers and vessel traffic information service entities.

§ 2402. Limitation of liability of watch officers and vessel traffic information service entities. (a) The liability of any watch officer who renders informational and/or communications assistance to vessels entering, leaving or transiting the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State for damages caused by or related to such assistance shall be limited to acts or omissions of such watch officer which can be shown to have been the result of gross negligence, reckless, wilful, wanton and/or intentional acts of misconduct on the part of such watch officer. (b) The liability of The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange, which sponsor and operate the vessel traffic information service for damages caused by or related to such sponsorship or operation shall be limited to acts or omissions which can be shown to have been the result of gross negligence, reckless, wilful, wanton and/or intentional acts of misconduct on part of such sponsors and operators. 68 Del. Laws, c. 46, §  1;
24 DE Code § 101. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 101. Objectives and functions.

§ 101. Objectives and functions. The primary objective of the Board of Accountancy, 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 this chapter) from unsafe practices, including incompetent auditing, accounting and tax services rendered by certificate and permit holders, and from occupational practices which tend to reduce competition or fix the price of services rendered. Secondary objectives of the Board include maintaining minimum standards of competency in accounting, auditing and tax services rendered by certificate and permit holders and maintaining minimum standards in the delivery of such services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, adjudicate such complaints at formal hearings, promulgate rules and regulations, and impose sanctions where necessary against practitioners. 71 Del. Laws, c. 139, §  1;
24 DE Code § 104. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 104. Officers; meetings; conduct of business; quorum; absences.

§ 104. Officers; meetings; conduct of business; quorum; absences. (a) 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 may deem necessary, or at the request of a majority of Board members. (b) The Board shall elect annually from its members a president and a secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive years. (c) A majority of members of the Board shall constitute a quorum for the transaction of all business and no disciplinary action shall be taken without the affirmative vote of at least 5 members. (d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. 27 Del. Laws, c. 98, §  2;  Code 1915, §  980;  32 Del. Laws, c. 48, §  2;  Code 1935, §  1091;  46 Del. Laws, c. 110, §  1;  24 Del. C. 1953, §  101;  50 Del. Laws, c. 167, §  1;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §   1;  71 Del. Laws, c. 139, §  1;
24 DE Code § 106. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 106. Certificate or permit required.

§ 106. Certificate or permit required. (a) The use of the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant shall be limited to a person who holds an active permit to practice issued by the Board pursuant to this chapter or issued under the laws of another jurisdiction. Holders of certificates only, who have never held a Delaware permit to practice, may not use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant. Up to and including June 30, 2017, holders of certificates only who have held a Delaware permit to practice which has since lapsed may use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant; provided that it is clearly indicated that such person is not holding himself or herself out as a practicing certified public accountant. Upon proper notification to the Board, holders of CPA permits to practice who no longer provide any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills and who no longer meet the continuing education requirement under § 108 of this title must place the word “inactive” adjacent to their CPA title. (b) The use of the title or designation “public accountant” or the abbreviation “PA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant shall be limited to a person who holds a valid permit to practice public accountancy. 27 Del. Laws, c. 98, §  1;  Code 1915, §  981;  Code 1935, §  1092;  24 Del. C. 1953, §  103;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  75 Del. Laws, c. 128, §  2;  80 Del. Laws, c. 247, § 1;
24 DE Code § 112. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 112. Professional responsibilities.

§ 112. Professional responsibilities. While § 111(a) of this title requires firms to obtain permits to practice, and § 102(10) of this title defines “firm” to include valid partnerships and corporations, this chapter shall not be interpreted to alter professional responsibility standards. All firms and accountants practicing in firms shall continue to be bound by professional responsibility standards no less stringent than those stated in § 608 of Title 8. 71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
24 DE Code § 113. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 113. Examinations.

§ 113. Examinations. The Board may, by regulation, prescribe the terms and conditions for granting credit to a candidate for a permit to practice certified public accountancy or an applicant for a permit to practice public accountancy based on the candidate's or applicant's satisfactory completion of an examination in any 1 or more of the subjects of the Uniform Certified Public Accountant Examination, the examination recognized by the National Society of Public Accountants and any written examination in any other subject or subjects given by the Board or by the licensing authority in any other jurisdiction. 27 Del. Laws, c. 98, §  3;  Code 1915, §  982;  32 Del. Laws, c. 48, §§  2, 3;  Code 1935, §  1093;  24 Del. C. 1953, §  105;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
24 DE Code § 115. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 115. Prohibited acts; limitation of services.

§ 115. Prohibited acts; limitation of services. (a) No person or firm shall perform compilation, review or audit services, as defined by the American Institute of Certified Public Accountants (AICPA), except holders of a valid permit to practice. (b) Audit services provided by holders of permits to practice public accountancy shall be limited to services for nonpublic entities. 65 Del. Laws, c. 167, §  1;  71 Del. Laws, c. 139, §  1;
24 DE Code § 116. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 116. Complaints.

§ 116. Complaints. (a) The Board or any aggrieved person may file a complaint against any individual or firm holding a permit to practice or any certificate holder. 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. The Division may refer a complaint against an individual practicing under § 109 of this title to the state of licensure for handling. (b) When it is determined that an individual or firm is engaged in the practice of certified public accountancy or public accountancy without having first obtained the appropriate permit, the Board shall apply to the Division of Professional Regulation to issue a cease and desist order. (c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation. 71 Del. Laws, c. 139, §  1;  76 Del. Laws, c. 418, §  17;  80 Del. Laws, c. 247, § 1;
24 DE Code § 117. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 117. Unprofessional conduct.

§ 117. Unprofessional conduct. An individual holding a certificate and any individual or firm holding a permit to practice shall be subject to those disciplinary actions set forth in § 118 of this title if, after a hearing, the Board finds that the individual or firm:  (1) Has employed or knowingly cooperated in fraud or material deception in order to acquire or renew a certificate or permit to practice or be otherwise authorized to practice accountancy; or impersonated another person holding a certificate or permit to practice; or allowed another person to use the individual's certificate or permit to practice; or aided or abetted a person not holding a certificate or permit to practice to represent himself or herself as holding a certificate or permit to practice; (2) Has engaged in an act of fraud or gross negligence in the practice of accounting or engaged in dishonorable, unethical or unprofessional conduct intended to or likely to deceive, defraud or harm the public; (3) Has been found guilty of or has entered a plea of guilty or nolo contendere to a crime that is substantially related to the practice of accountancy; (4) Has been subject to disciplinary sanction or censured or has had the individual's certificate or permit to practice revoked or suspended in any other state for any cause other than failure to pay an annual registration fee; (5) Has been subject to disciplinary sanction or censured or has had the individual's right to practice revoked before any state or federal agency; or (6) Has violated a lawful provision of this chapter or any lawful regulation or rule of professional conduct established thereunder.27 Del. Laws, c. 98, §  5;  Code 1915, §  984;  Code 1935, §  1095;  24 Del. C. 1953, §  108;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  74 Del. Laws, c. 262, §  4;  76 Del. Laws, c. 418, §  18;  80 Del. Laws, c. 247, § 1;
24 DE Code § 119. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 119. Board hearings; procedures.

§ 119. Board hearings; procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 117 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 conducted in accordance with this chapter, § 8735 of Title 29 and the Administrative Procedures Act, Chapter 101 of Title 29. (b) Upon reaching its conclusion of law and determining an appropriate sanction, if any, the Board shall issue a written decision and order in accordance with § 10128 of Title 29. The order must restate the factual findings, but need not summarize the evidence presented. The decision and order may be issued over the signature of only the President or other officer of the Board. The decision and order must be sent by certified mail, return receipt requested, to the subject of the complaint. (c) [Repealed.] 60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
24 DE Code § 120. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 1. Board of Accountancy|§ 120. Ownership of working papers.

§ 120. Ownership of working papers. (a) All statements, records, schedules, working papers and memoranda made by a permit holder or a partner, shareholder, officer, director or employee of a permit holder, incident to or in the course of rendering services to a client, except the reports submitted by the permit holder to the client, and except for records that are part of the client's records, shall be and remain the property of the permit holder in the absence of an express agreement between the permit holder and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed without the consent of the client or the client's personal representative or assignee, to anyone other than 1 or more surviving partners or stockholders or new partners or stockholders of the permit holder or any combined or merged firm or successor in interest to the permit holder. Nothing in this section should be construed as prohibiting any temporary transfer of working papers or other material necessary in the course of carrying out quality reviews. (b) A permit holder shall furnish to permit holder's client or former client, upon request and reasonable notice:  (1) A copy of the permit holder's working papers, to the extent that such working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; or (2) Any accounting or other records belonging to or obtained from or on behalf of the client that the permit holder removed from the client's premises or received for the client's account; the permit holder may make and retain copies of such documents of the client when they form the basis for work done by the permit holder. (c) Nothing herein shall require a permit holder to keep any working paper beyond the period prescribed in any other applicable statute. 24 Del. C. 1953, §  110;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;