reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter III. Other Provisions › § 5222. Penalty.

§ 5222. Penalty.
A person, not currently licensed as a nursing home administrator under this chapter, when guilty of engaging in the practice of nursing home administration, or using in connection with that person's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice nursing home administration, such offender shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $500 or more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 or more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter I. Board of Massage and Bodywork › § 5301. Objectives.

§ 5301. Objectives.
The primary objective of the Board of Massage and Bodywork, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or 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 competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed or certified, or formerly licensed or certified.
70 Del. Laws, c. 582, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter I. Board of Massage and Bodywork › § 5304. Organization; meetings; officers; quorum.

§ 5304. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such times as the President deems necessary; or at the request of a majority of the Board members.
(b) The Board shall elect, in the same month of each year, a president, vice-president and secretary. Each officer shall serve for 1 year, and may succeed himself or herself for 1 additional term.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. The affirmative vote of at least 4 members of the Board is required to certify and license applicants or to discipline a certificate holder or licensee. All other actions will be by simple majority vote.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where 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.
70 Del. Laws, c. 582, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 363, §  3;  81 Del. Laws, c. 79, § 40;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter I. Board of Massage and Bodywork › § 5305. Records.

§ 5305. Records.
The Division shall keep a register of all approved applications for license as massage and bodywork therapist and for certification as massage technician, all approved applications for licenses for massage establishments, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
70 Del. Laws, c. 582, §  1;  81 Del. Laws, c. 104, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5309. Qualifications of applicants for certification as massage technicians.

§ 5309. Qualifications of applicants for certification as massage technicians.
(a) An applicant who is applying for certification as a massage technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person meets the requirements of § 5308(a)(5)-(11) and (e) of this title and:
(1) Is at least 18 years of age;
(2) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than:
a. Sixty hours of anatomy and physiology;
b. One hundred-forty hours of theory and technique;
c. Seventy-five hours of elective courses in the field of massage therapy;
d. Twenty-five hours of ethics, law and contraindications
(3) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status.
(b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than:
(1) Fifty hours of anatomy and physiology;
(2) One hundred and ten hours of theory and technique;
(3) Twenty-five hours of ethics, law, and contraindications; and
(4) Fifteen hours of elective courses.
A temporary massage technician certification, which is subject to all the other provisions and requirements of this chapter, shall be valid for a period of no more than 1 year and may not be renewed or reissued, and shall not be eligible for inactive status.
(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information intentionally has been supplied, it shall report its findings to the Attorney General for further action.
(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(e) All individuals licensed to practice as massage technicians in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2014, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check.
70 Del. Laws, c. 582, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 289, §§  3-8;  75 Del. Laws, c. 130, §  1;  78 Del. Laws, c. 363, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5310. Reciprocity.

§ 5310. Reciprocity.
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, and who, in addition:
(1) Meets the criteria for licensure in good standing as defined in § 5308(a)(5)-(10) of this title for all currently and previously held licenses and has complied with § 5308(a)(11) and (e) of this title;
(2) Has achieved the passing score on a written, standardized nationally-prepared and administered examination in massage or bodywork therapy; the passing score shall be as established by the testing agency. If the testing agency has not established a passing score, the Board in conjunction with the Division shall establish the passing score;
(3) Has practiced massage and bodywork continually for 2 years immediately prior to making application;
(4) Possesses current CPR certification; and
(5) Is at least 18 years of age.
70 Del. Laws, c. 582, §  1;  74 Del. Laws, c. 289, §  6;  78 Del. Laws, c. 363, §  9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5311. Fees.

§ 5311. 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 service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.
70 Del. Laws, c. 582, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5312. Issuance and renewal of licenses; certification.

§ 5312. Issuance and renewal of licenses; certification.
(a) The Board shall issue a license or certificate to each applicant who meets the requirements of this chapter for licensure as a massage and bodywork therapist or certification as a massage technician and who pays the fee established under § 5311 of this title.
(b) Each license or certificate shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee or certificant has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed massage and bodywork therapist or certified massage technician may still renew such license or certificate, notwithstanding the fact that such licensee or certificant has failed to renew on or before the renewal date.
(d) Any licensee or certificate holder, upon written request, may be placed on inactive status. Any person who desires to reactivate that person's license or certificate shall complete a Board approved application form, submit a reactivation fee set by the Division, submit proof of current CPR certification, and submit evidence of compliance with continuing education requirements in accordance with the Board's rules and regulations.
70 Del. Laws, c. 582, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 289, §  7;  78 Del. Laws, c. 363, §  10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5314. Complaints.

§ 5314. Complaints.
(a) A practitioner or member of the public desiring to file a complaint against a practitioner or licensee, massage establishment, or certificate holder regulated by the Board shall file a written complaint with the Division of Professional Regulation. All complaints shall be received and investigated by the Division in accordance with the procedures as specified in § 8735 of Title 29. The Division shall be responsible for issuing a final written report at the conclusion of the investigation.
(b) Those complaints involving unsanitary conditions or other conditions in any massage establishment which may harm the health of any person on the premises shall be investigated by the Division of Public Health.
70 Del. Laws, c. 582, §  1;  81 Del. Laws, c. 104, § 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5316. Hearing procedures.

§ 5316. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5313 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 the Administrative Procedures Act, 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. The Board's 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 after the date of mailing of the decision. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
70 Del. Laws, c. 582, §  1;  78 Del. Laws, c. 363, §  13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5317. Penalties.

§ 5317. Penalties.
(a) A person not currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter, when guilty of engaging in the practice of massage or bodywork therapy or of practicing as a massage technician, or using in connection with the practitioner's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage technician, such offender shall be guilty of a misdemeanor. Upon the first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor no more than $1,000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
(b) Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place where massage and bodywork services are rendered, the person shall be guilty of a class A misdemeanor, and be imprisoned not more than 1 year or fined not more than $2300, or both. Superior Court shall have jurisdiction over all violations of this chapter.
70 Del. Laws, c. 582, §  1;  81 Del. Laws, c. 104, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5318. Practice of massage and bodywork on minors.

§ 5318. Practice of massage and bodywork on minors.
(a) A parent or legal guardian shall be present when a person licensed or certified to practice massage and bodywork under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and minor. The minor may decline the presence of a parent or legal guardian only with the written consent of the parent or legal guardian. The licensed or certified person shall confirm the identity of the parent or legal guardian, as provided in the Board's rules and regulations.
(b) When a minor is to receive services, the person licensed or certified to practice massage and bodywork under this chapter shall provide notice to the parent or legal guardian of the rights under subsection (a) of this section. The notice shall be provided in written form and shall be posted conspicuously in the location where services will be provided. The specific requirements for notice shall be set forth in the Board's rules and regulations.
(c) For the purposes of this section, “minor” is defined as a person less than 18 years of age.
79 Del. Laws, c. 169, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5320. Unlicensed practice violations; penalties.

§ 5320. Unlicensed practice violations; penalties.
(a) A placard, as provided by the Attorney General, shall be prominently displayed at all entrances of establishments that have failed to obtain a valid license or have a license that is suspended, revoked, or expired.
(b) Whenever, in the judgment of the Division, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule, regulation or order issued thereunder, the Division may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance and, upon a showing by the Division that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
(c) The unlawful operation, management, ownership, or advertisement of any massage establishment or place where massage and bodywork services are rendered is hereby deemed a public nuisance.
81 Del. Laws, c. 104, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 53. MASSAGE AND BODYWORK › Subchapter II. License › § 5321. Inspections.

§ 5321. Inspections.
(a) An agent of the Division may enter and inspect during business hours, without prior notice, any massage establishment.
(b) An agent of the Division acting pursuant to subsection (a) of this section:
may inspect and copy records of the establishment; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment; and may inspect other things therein, including records, files, papers, and facilities relating to violation of this chapter.
(c) If a massage establishment is located within a therapist's residence, an out call location, or is located within an office space shared with other businesses, an agent of the Division must have independent and sufficient legal justification before inspecting areas not used as a place of business for massage and bodywork by the establishment.
81 Del. Laws, c. 104, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5401. Short title.

§ 5401. Short title.
This chapter may be cited as the “Delaware Revised Uniform Athlete Agents Act.”
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5403. Secretary's authority; procedure.

§ 5403. Secretary's authority; procedure.
(a) The Administrative Procedures Act, Chapter 101 of Title 29, applies to this chapter. The Secretary may adopt rules and regulations under the Administrative Procedures Act to implement this chapter.
(b) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary as the individual's agent for service of process in any civil action in this State related to the individual acting as an athlete agent in this State.
(c) The Secretary may issue a subpoena for material that is relevant to the administration of this chapter.
73 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  102;  75 Del. Laws, c. 281, §§  1, 2;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5404. Athlete agent; registration required; void contract.

§ 5404. Athlete agent; registration required; void contract.
(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this State without holding a record of registration under this chapter.
(b) Before being granted a record of registration under this chapter, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if all of the following apply:
(1) A student athlete or another person acting on behalf of the athlete initiates communication with the individual.
(2) Not later than 14 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5407. Suspension, revocation, or refusal to renew registration.

§ 5407. Suspension, revocation, or refusal to renew registration.
(a) The Secretary may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 5406(a) of this title for conduct that would have justified refusal to grant a record of registration under § 5406(b) of this title.
(b) The Secretary may suspend or revoke a registration of an individual registered under § 5405(c) of this title or renewed under § 5406(e) of this title for any reason for which the Secretary could have refused to grant or renew registration or for conduct that would justify refusal to grant a record of registration under § 5406(b) of this title.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5408. Registration and renewal fees.

§ 5408. Registration and renewal fees.
An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in an amount set by the Secretary that approximates and reasonably reflects all costs necessary to defray the Secretary's expenses related to the administration of this chapter.
73 Del. Laws, c. 144, §  1;  74 Del. Laws, c. 262, §  103;  75 Del. Laws, c. 436, §  53;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5411. Student athlete's right to cancel.

§ 5411. Student athlete's right to cancel.
(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.
(b) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.
(c) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5412. Required records.

§ 5412. Required records.
(a) An athlete agent shall create and retain for 5 years records of all of the following:
(1) The name and address of each student athlete represented by the agent.
(2) Each agency contract entered into by the agent.
(3) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(b) Records described in subsection (a) of this section are open to inspection by the Secretary during normal business hours.
73 Del. Laws, c. 144, §  1;  78 Del. Laws, c. 376, §  5;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5413. Prohibited conduct.

§ 5413. Prohibited conduct.
An athlete agent may not intentionally do any of the following:
(1) Give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the athlete, parent, or guardian to enter into an agency contract.
(2) Furnish anything of value to a student athlete or another individual, if to do so may result in loss of the athlete's eligibility to participate in the athlete's sport, unless all of the following applies:
a. The agent notifies the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value.
b. The athlete or, if the athlete is a minor, a parent or guardian of the athlete acknowledges to the agent in a separate record that receipt of the thing of value may result in loss of the athlete's eligibility to participate in the athlete's sport.
(3) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this chapter.
(4) Fail to create, retain, or permit inspection of the records required by § 5412 of this title.
(5) Fail to register when required by § 5404 of this title.
(6) Provide materially false or misleading information in an application for registration or renewal of registration.
(7) Predate or postdate an agency contract.
(8) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the athlete's eligibility to participate in the athlete's sport.
(9) Encourage another individual to do any of the acts described in paragraphs (1) through (8) of this section on behalf of the agent.
(10) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (1) through (8) of this section on behalf of the agent.
73 Del. Laws, c. 144, §  1;  78 Del. Laws, c. 376, §  6;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5414. Criminal penalty.

§ 5414. Criminal penalty.
(a) An athlete agent who violates § 5413 of this title is guilty of a class A misdemeanor. A first conviction of a violation of § 5413 of this title is punishable by a fine of not less than $500 nor more than $1,000 and imprisonment for not more than 1 year. A second or subsequent conviction of a violation of § 5413 of this title is punishable by a fine of not less than $1,000 nor more than $2,000 and imprisonment for not more than 1 year.
(b) The Superior Court has jurisdiction over a criminal violation of § 5413 of this title.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5415. Civil remedy.

§ 5415. Civil remedy.
(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution meets one or more of the following:
(1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.
(2) Suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover damages, costs, and reasonable attorneys' fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(c) A violation of this chapter is an unfair or deceptive merchandising practice for purposes of subchapter II of Chapter 25 of Title 6.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5416. Civil penalty.

§ 5416. Civil penalty.
The Secretary may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5417. Uniformity of application and construction.

§ 5417. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws similar to this chapter.
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 54. Delaware Revised Uniform Athlete Agents Act › § 5418. Relation to the Electronic Signatures in Global and National Commerce Act.

§ 5418. Relation to the Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
73 Del. Laws, c. 144, §  1;  83 Del. Laws, c. 528, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5501. Purpose.

§ 5501. Purpose.
The Delaware General Assembly declares that it is in the best interest of the citizens of Delaware to require licensure of bail enforcement agents and their agents and employees to prevent unqualified individuals from endangering the public. Therefore, the purpose of this chapter is to promote, preserve and protect the public health, safety and welfare by regulating fugitive recovery. This chapter shall be liberally construed to accomplish this purpose.
73 Del. Laws, c. 194, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5502. Definitions.

§ 5502. Definitions.
(a) “Bail bondsmen” shall mean the person or persons licensed by the Department of Insurance as a bail bonding agent.
(b) “Bail bondsmen association” shall mean any organization or entity that represents the bail bondsmen in the State.
(c) “Bail enforcement agent” (“BEA”) as used within this chapter, shall mean any person or cooperative of persons, resident or nonresident, whose services or actions are performed for the purpose of capturing a fugitive, and including, but not limited to, any person who engages in the apprehension and return of persons who are released on bail and who have failed to appear at any stage of the proceedings to answer the charge before any state or federal court.
(d) “Bail enforcement agent association” shall mean any organization or entity that represents the BEA's in the State.
(e) “Bail Enforcement Board” (“Board”) means the Delaware Board of Examiners of Bail Enforcement Agents.
(f) “Director” means the officer in charge of the Professional Licensing Section of the Division of State Police.
73 Del. Laws, c. 194, §  1;  70 Del. Laws, c. 186, §  1;  6 Del. Laws, c. 398, §  2;  77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5503. Board of Examiners of Bail Enforcement Agents.

§ 5503. Board of Examiners of Bail Enforcement Agents.
(a) Creation of the Board. — The Delaware Board of Examiners of Bail Enforcement Agents is created for the protection of the general public and to carry out the functions and duties conferred on it by this chapter.
(b) All legal process and all documents required by law to be serviced or filed with the Board shall be served or filed with the Chairperson at the designated office herein also referred to as the Professional Licensing Section, Division of State Police. All official records of the Board or affidavits by the Chairperson as to the content of such records shall be prima facie evidence of all matters required to be kept by the Board.
(c) The Board will adhere to the Administrative Procedures Act (Chapter 101 of Title 29).
(d) The Board shall:
(1) Investigate alleged violations of the provision of this chapter and of any rules and regulations adopted by the Board;
(2) Promulgate all rules and regulations necessary in carrying out the provisions of this chapter; and
(3) Establish and enforce standards governing the safety and conduct of persons licensed under this chapter.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5505. Emergency suspension.

§ 5505. Emergency suspension.
(a) The Director shall be granted the power to impose an emergency suspension on any person licensed under this chapter if, in the opinion of the Director, that failure to take such action could jeopardize the public's safety and welfare.
(b) Any person whose license is suspended by the Director, under subsection (a) of this section shall be granted a full hearing, by the Board, within 10 days from the date that the request for a hearing is received by the Director, provided that the violating party request such a hearing, in writing, to the Director within 5 days of the suspension. With the consent of the person requesting a hearing, the hearing may be schedule at the next quarterly meeting of the Board.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5506. Prohibited conduct.

§ 5506. Prohibited conduct.
No person, other than a “law-enforcement officer” as defined by § 222 of Title 11 or an employee of any state court acting at the direction of any judge, commissioner or master of any state court, shall apprehend or detain a suspected fugitive on behalf of another person, including a principal on a bond, who has been released on bail as required by the terms of a bond or the bond has been revoked by court order, unless that person is licensed by the provisions of this chapter and its rules and regulations.
73 Del. Laws, c. 194, §  1;  74 Del. Laws, c. 110, §  138;  77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5508. Change of address.

§ 5508. Change of address.
Notification shall be made to the Professional Licensing Section within 14 days after the change of any contact information, including but not limited to, address, phone number (home and cell), and E-mail address of any individual licensed under this chapter. Failure to do so may result in the suspension or revocation of a license.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5509. Identification card, license, and badge.

§ 5509. Identification card, license, and badge.
(a) Anyone required to be licensed under this chapter shall be issued, by the Professional Licensing Section, an identification card, license, and badge which shall expire and be renewable on the fourth anniversary date of the birth of the applicant next following the date of its issuance, unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fourth year.
(b) BEA licenses issued prior to July 1, 2010, shall continue in force until the expiration thereof, unless there has been a violation of § 5507 of this title.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5510. Possession of identification card and badge.

§ 5510. Possession of identification card and badge.
Any person who has been issued an identification card and badge by the Professional Licensing Section shall be required to have such card and badge in their possession while in the performance of the person's duties.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5511. Notification of arrest.

§ 5511. Notification of arrest.
Anyone licensed under this chapter shall, excluding weekends and state holidays, notify the Director within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5512. Surrender of expired, revoked or suspended identification cards, licenses and badges; penalty.

§ 5512. Surrender of expired, revoked or suspended identification cards, licenses and badges; penalty.
Any person to whom an identification card, license and badge may be issued in accordance with this chapter shall surrender such items and all duplicate copies thereof, which have expired or have been revoked or suspended to the Professional Licensing Section of the Delaware State Police.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5514. Violation of chapter as ground for revocation of identification card, license and badge.

§ 5514. Violation of chapter as ground for revocation of identification card, license and badge.
A violation of this chapter shall be cause for revocation of any identification card, license and badge issued thereunder, notwithstanding that the same violation may constitute a misdemeanor or felony.
77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 55. BAIL ENFORCEMENT AGENTS › § 5515. Penalties.

§ 5515. Penalties.
(a) The Board shall have the power to impose a civil penalty upon any person required to be licensed under this chapter up to $200, per day, for operating without a valid license.
(b) Anyone performing the duties of a BEA pursuant to § 5502 of this title, who is not duly licensed under this chapter shall be guilty of a class F felony.
73 Del. Laws, c. 194, §  1;  77 Del. Laws, c. 457, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 56. Constables › § 5601. Objectives.

§ 5601. Objectives.
The primary objective of this chapter is to regulate the commission of constables employed with various public and private entities within the State and to ensure that proficiency standards for commissioned constables are maintained. In meeting its objectives, the Constable Board of Examiners shall develop standards assuring professional competence, shall conduct and adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary and appropriate. The Board shall comply with the Administrative Procedures Act under Chapter 101 of Title 29.
Code 1852, §§  618-621;  11 Del. Laws, c. 194;  11 Del. Laws, c. 215;  11 Del. Laws, c. 365;  11 Del. Laws, c. 405;  11 Del. Laws, c. 591;  12 Del. Laws, c. 29;  12 Del. Laws, c. 42;  13 Del. Laws, c. 404;  14 Del. Laws, c. 26, §  1;  15 Del. Laws, c. 25;  16 Del. Laws, c. 333;  17 Del. Laws, c. 40, §  1;  17 Del. Laws, c. 41;  18 Del. Laws, c. 478, §  1;  20 Del. Laws, c. 404, §  1;  21 Del. Laws, c. 22, §  10;  21 Del. Laws, c. 205, §§  1, 2;  22 Del. Laws, c. 54, §  10;  22 Del. Laws, c. 295, §  1;  24 Del. Laws, c. 95, §  1;  Code 1915, §§  1397-1400, 1400A, 1400B;  29 Del. Laws, c. 83, §  1;  29 Del. Laws, c. 84, §  1;  30 Del. Laws, c. 88, §  1;  32 Del. Laws, c. 81, §  1;  33 Del. Laws, c. 89, §  1;  36 Del. Laws, c. 124, §  1;  40 Del. Laws, c. 138, §  1;  Code 1935, §§  1565-1567;  10 Del. C. 1953, §§  2701-2705;  49 Del. Laws, c. 233;  49 Del. Laws, c. 239;  53 Del. Laws, c. 295;  54 Del. Laws, c. 15, §§  1, 2;  54 Del. Laws, c. 36;  55 Del. Laws, c. 85, §  32Q;  64 Del. Laws, c. 72, §  1;  65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 322, §  6[5];  83 Del. Laws, c. 454, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 56. Constables › § 5602. Definitions.

§ 5602. Definitions.
As used in this chapter:
(1) “Board” means the Constable Board of Examiners.
(2) “Commission” means authority issued from the Board empowering a person or persons named in an application to exercise jurisdiction, perform the duties, and exercise the office of a constable within this State.
(3) “Employer” means an individual, person, nonprofit organization, the State, county, or a municipality.
(4) “Firearm” means as defined in § 222 of Title 11.
(5) “Full service police agency” mean a police force or police agency of the State, county or municipality, that employs sworn police officers as defined in § 8401 of Title 11, and is responsible for the prevention and detection of crime and the enforcement of the laws of this State or other governmental units within this State.
(6) “Section” means the Professional Licensing Section of the Delaware State Police.
(7) “Superintendent” means the Superintendent of the Delaware State Police.
83 Del. Laws, c. 454, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 56. Constables › § 5603. Constable Board of Examiners.

§ 5603. Constable Board of Examiners.
(a) There is created a Constable Board of Examiners which shall administer and enforce this chapter.
(b) The Board consists of 7 members:
(1) The Superintendent of the Delaware State Police or the Superintendent's designee.
(2) The Director of Public Safety of the New Castle County Police or the Director's designee.
(3) The Attorney General or his or her designee.
(4) A representative from the Delaware Police Chiefs Council, or his or her designee.
(5) Three commissioned constables, 1 of which shall be employed by a higher education institution and 1 of which shall be employed by a healthcare institution. All 3 commissioned constables shall be appointed by the Governor.
(c) The Superintendent of the Delaware State Police, or the Superintendent's designee, shall serve as the Chair of the Board.
(d) The term of each member, excluding the Chair, whose term is indefinite, will be for 3 years.
(e) The Board must hold a minimum of 1 regularly-scheduled meeting, each calendar year, and such other meetings as the Superintendent deems necessary or as requested by a majority of board members.
(f) A board member may be suspended or removed by a majority of the full Board for misfeasance, nonfeasance, or malfeasance. A board member may appeal any suspension or removal to the Superior Court.
(g) Actions of the Board may be taken by majority vote of those present at board meetings where a quorum has been established. A quorum is a majority of the Board. All voting shall be done in person at regular or special meetings of the Board.
65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 454, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 56. Constables › § 5604. Duties and responsibilities of the Board.

§ 5604. Duties and responsibilities of the Board.
The Board has the authority to:
(1) Promulgate, adopt and, from time to time, revise such rules, regulations, and standards not inconsistent with the law as may be necessary to enforce the provisions of this chapter.
(2) Review applications and grant commissions for constables upon review of an applicant's background, criminal history, work experience, and any other information the Board deems necessary.
(3) Conduct such further inquiry and investigation as the Board deems appropriate in order to satisfy itself of the good character, competency, and integrity of the applicants.
(4) Appoint and commission those applicants who have, as determined by the Board, satisfied the requirements of this chapter and its rules and regulations, and who are otherwise qualified to serve as constables.
(5) Establish minimum qualifications for applicants by rule or regulation, and yearly continuing legal and in-service training requirements for commissioned constables.
(6) Deny an applicant a commission, or suspend or revoke the commission of a constable, where the applicant or constable fails to meet required standards or violates this chapter, or violates a rule or regulation promulgated under this chapter.
(7) Promulgate rules and regulations for commissioned constables to carry and use, while on duty, batons, night sticks, chemical spray, conducted electrical weapons, canines, and firearms.
(8) Establish standards and requirements for firearms training and training in the use of force, including the use of deadly force, for constables applying to the Board to carry firearms while on duty. Constables who fail to meet the standards for carrying a firearm or fail to successfully complete firearms training are prohibited from carrying a firearm while on duty.
(9) Grant or deny renewal applications. The Board has the authority to deny renewal of a constable's commission where the constable fails to meet the required standards of this chapter or violates a provision of this chapter, or any rule or regulation promulgated under this chapter.
(10) Conduct hearings for denial, suspension or revocation of a commission.
(11) Issue subpoenas to compel the attendance of witnesses, order discovery for the production of documents, and administer oaths to persons testifying at hearings.
(12) Establish reasonable application and renewal fees that equate with all costs necessary to defray the expenses of the Board.
65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 454, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 56. Constables › § 5605. Duties of the Professional Licensing Section.

§ 5605. Duties of the Professional Licensing Section.
(a) The Professional Licensing Section shall do the following:
(1) Keep a register of all constable commission applications, including approvals and denials thereof, and of all renewal applications.
(2) Be responsible for recording and maintaining the minutes of all board meetings.
(3) Keep a complete record relating to board meetings, including but not limited to, rosters, amendments to the Board's rules and regulations, investigations, fees, hearings, and such other matters as the Board determines.
(b) The Professional Licensing Section may suspend, revoke, or issue an emergency suspension, of a commissioned constable who has been arrested, when the arrest may result in a felony or misdemeanor conviction, or where the commissioned constable has violated this chapter or any rule or regulation promulgated under this chapter.
83 Del. Laws, c. 454, § 2;