reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2604C. Compact privilege.

§ 2604C. Compact privilege.
(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
(1) Hold a license in the licensee's home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state under subsections (d), (f), and (h) of this section.
(4) Have not had any adverse action against any license or compact privilege within the previous 2 years.
(5) Notify the Commission that the licensee is seeking the compact privilege within a remote state.
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege.
(8) Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements under this section to obtain a compact privilege in any remote state.
(g) If a licensee's compact privilege in a remote state is removed, the individual shall lose the compact privilege in any other remote state until all of the following occur:
(1) The specific period of time for which the compact privilege was removed has ended.
(2) All fines have been paid.
(3) Two years have elapsed from the date of the adverse action.
(h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2605C. Active duty military personnel or their spouses.

§ 2605C. Active duty military personnel or their spouses.
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate 1 of the following as the home state:
(1) Home of record.
(2) Permanent change of station ( “PCS” ).
(3) State of current residence if it is different than the PCS state or home of record.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2606C. Adverse actions.

§ 2606C. Adverse actions.
(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
(c) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(e) A remote state shall have the authority to do all of the following:
(1) Take adverse actions under § 2604C(d) of this title against a licensee's compact privilege in the state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint investigations. —
(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2608C. Data system.

§ 2608C. Data system.
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Non-confidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason for such denial.
(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other party states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2611C. Date of implementation of the Physical Therapy Compact Commission and associated rules, withdrawal, and amendment.

§ 2611C. Date of implementation of the Physical Therapy Compact Commission and associated rules, withdrawal, and amendment.
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2612C. Construction and severability.

§ 2612C. Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter I. Board Of Professional Land Surveyors › § 2701. Objectives.

§ 2701. Objectives.
The primary objective of the Board of Professional Land Surveyors, 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.
72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter I. Board Of Professional Land Surveyors › § 2704. Organization; meetings; officers; quorum.

§ 2704. 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 Chair deems necessary or at the request of a majority of the Board members.
(b) The Board shall elect annually from its members a chair, vice chair and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement shall be elected at the next Board meeting.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 4 members of the Board.
(d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript.
43 Del. Laws, c. 286, §  7;  24 Del. C. 1953, §  2705;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  1;  67 Del. Laws, c. 366, §  10;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter I. Board Of Professional Land Surveyors › § 2705. Records.

§ 2705. Records.
The Division of Professional Regulation shall keep a register of all approved applications for license as a land surveyor 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.
43 Del. Laws, c. 286, §  10;  24 Del. C. 1953, §  2708;  58 Del. Laws, c. 501, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2707. License required.

§ 2707. License required.
(a) No person shall engage in the practice of land surveying or hold himself or herself out to the public in this State as being qualified to practice land surveying or use in connection with that person's name or otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to practice land surveying, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a land surveyor in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice land surveying in this State.
43 Del. Laws, c. 286, §  1;  24 Del. C. 1953, §  2721;  58 Del. Laws, c. 501, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2709. Reciprocity.

§ 2709. 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 and who meets the following criteria:
(1) That applicant's license is in good standing as defined in § 2708(a)(3), (4), (5) and (6) of this title; and
(2) Has achieved the passing score on the 2-hour written examination on drainage and the Delaware law.
(b) An applicant who is licensed or registered in a state whose standards are not substantially similar to those of this State shall have practiced for a minimum of 5 years after licensure; provided, however, that the applicant meets all other qualifications for reciprocity in this section.
43 Del. Laws, c. 286, §  13;  24 Del. C. 1953, §  2724;  53 Del. Laws, c. 108, §  31;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  2;  65 Del. Laws, c. 222, §  2;  70 Del. Law, c. 186,, §  1;  72 Del. Laws, c. 265, §  1;  75 Del. Laws, c. 436, §  30;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2710. Fees.

§ 2710. 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 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 licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming licensure biennium.
72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2711. Issuance and renewal of licenses.

§ 2711. Issuance and renewal of licenses.
The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a land surveyor and who pays the fee established under § 2710 of this title.
Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board.
The Division or its designee shall notify every licensee of the date of expiration of license and the amount of the fee that shall be required for renewal at least 1 month prior to the expiration thereof. Failure to give or receive such notice shall not prevent the license from becoming invalid after its expiration date.
The Board, in its rules and regulations, shall determine the period of time within which a professional land surveyor may still renew license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date. The Board shall charge a late fee equivalent to twice the sum of the unpaid renewal fee.
43 Del. Laws, c. 286, §  16;  24 Del. C. 1953, §  2729;  53 Del. Laws, c. 108, §  33;  57 Del. Laws, c. 609, §  3;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  2;  63 Del. Laws, c. 217, §  1;  65 Del. Laws, c. 222, §  3;  68 Del. Laws, c. 232, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;  75 Del. Laws, c. 327, §  5;  76 Del. Laws, c. 170, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2713. Complaints.

§ 2713. Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation 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.
(b) When it is determined that an individual is engaging in the practice of land surveying or is using the title land surveyor and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
43 Del. Laws, c. 286, §  19;  24 Del. C. 1953, §  2728;  53 Del. Laws, c. 108, §  32;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  2;  63 Del. Laws, c. 101, §  5;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2714. Disciplinary sanctions.

§ 2714. 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 § 2712 of this chapter applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand.
(2) Censure a practitioner.
(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 any practitioner's license.
(6) Impose a monetary penalty not to exceed $5,000 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that required such action have been remedied.
(c) 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.
(d) 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.
43 Del. Laws, c. 286, §  20;  24 Del. C. 1953, §  2730;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  5;  63 Del. Laws, c. 101, §§  6-8;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;  77 Del. Laws, c. 111, §  2;  79 Del. Laws, c. 213, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2715. Hearing procedures.

§ 2715. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 2714 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, that practitioner may appeal the Board's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
43 Del. Laws, c. 286, §  20;  24 Del. C. 1953, §  2730;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  5;  63 Del. Laws, c. 101, §§  6-8;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2716. Reinstatement of a suspended license; removal from probationary status.

§ 2716. Reinstatement of a suspended license; removal from probationary status.
(a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(c) [Repealed.]
43 Del. Laws, c. 286, §  20;  24 Del. C. 1953, §  2731;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  2;  72 Del. Laws, c. 265, §  1;  82 Del. Laws, c. 8, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter II. License › § 2717. Penalty.

§ 2717. Penalty.
A person not currently licensed under this chapter as a land surveyor, when guilty of engaging in the practice of land surveying, 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 practice land surveying, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 or more than $1000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1000 or more than $2000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
43 Del. Laws, c. 286, §  21;  24 Del. C. 1953, §  2735;  58 Del. Laws, c. 501, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;  75 Del. Laws, c. 373, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter III. Other Provisions › § 2718. Applicability of chapter.

§ 2718. Applicability of chapter.
Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person or persons licensed to practice engineering or architecture in Delaware;
(2) Any person or persons engaged solely in the teaching of land surveying or courses related to land surveying;
(3) Any employee of the United States government while engaged in the practice of land surveying for said government within this State;
(4) Any person or persons engaged in the practice of land surveying under the direct supervision of a professional land surveyor who is licensed in this State and who assumes responsibility for the activities of the unlicensed person or persons.
43 Del. Laws, c. 286, §  22;  24 Del. C. 1953, §  2733;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  2;  63 Del. Laws, c. 101, §  10;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter III. Other Provisions › § 2719. Seal.

§ 2719. Seal.
Every land surveyor licensed in this State shall have a seal of a design authorized by the Board by regulation and which bears the professional land surveyor's name. All technical submissions prepared by such land surveyor, or under that land surveyor's direct supervision, shall be stamped with the impression of the professional land surveyor's seal. No professional land surveyor shall impress that land surveyor's seal on any technical submission unless it has been prepared under that land surveyor's direct supervision.
43 Del. Laws, c. 286, §  15;  24 Del. C. 1953, §  2726;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  4;  63 Del. Laws, c. 101, §  4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 265, §  1;  75 Del. Laws, c. 327, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter III. Other Provisions › § 2720. Public works.

§ 2720. Public works.
Neither this State, nor any of its political subdivisions, such as counties, incorporated cities and towns, or other political entities or legally constituted boards, commissions, or authorities, or officials, or employees thereof, shall permit the commencement or continuance of any public work involving land surveying unless the field surveying shall be directly supervised by, and all drawings and documents as a result thereof, shall be prepared or certified by, a professional land surveyor licensed under this chapter, or a person authorized under Chapter 28 of this title to practice professional engineering in this State.
43 Del. Laws, c. 286, §  18;  24 Del. C. 1953, §  2734;  58 Del. Laws, c. 501, §  2;  61 Del. Laws, c. 434, §  6;  72 Del. Laws, c. 265, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter III. Other Provisions › § 2721. Counseling; letter of concern.

§ 2721. Counseling; letter of concern.
(a) The Board may determine after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the licensee is a matter of concern and that the licensee's practice may be improved if made aware of the concern. The Board Chair, with the concurrence of the Board, may issue a nondisciplinary, confidential letter of concern regarding the licensee's act or omission.
(b) If a person licensed to practice land surveying receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Board may reasonably require a formal assessment of professional competency to assess the licensee's ability in order to protect the health and safety of the public.
76 Del. Laws, c. 170, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 27. PROFESSIONAL LAND SURVEYORS › Subchapter III. Other Provisions › § 2723. Entry upon adjacent land.

§ 2723. Entry upon adjacent land.
After making a good faith effort to notify adjacent landowner(s), a professional land surveyor and persons working under the surveyor's direct supervision shall not be liable for civil or criminal trespass for knowingly entering upon adjacent land in the course of preparing a survey.
84 Del. Laws, c. 118, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2801. Short title.

§ 2801. Short title.
This chapter shall be known and may be cited as the “Delaware Professional Engineers Act.”
24 Del. C. 1953, §  2802;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2802. Declaration of purpose; unlawful practice.

§ 2802. Declaration of purpose; unlawful practice.
In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering in this State; to use in connection with such person's name, by verbal claim, sign, advertisement, letterhead, card or to in any other way, represent himself or herself to be an engineer, a professional engineer or through the use of some other title imply that such person is a professional engineer licensed under this chapter; or to advertise any title or description tending to convey the impression that such person is a professional engineer unless such person has been duly licensed, authorized or exempted under this chapter. The right to engage in the practice of engineering shall be deemed a personal right based on the qualifications of the individual as evidenced by such person's certificate of licensure, which shall not be transferable.
24 Del. C. 1953, §  2801;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 124, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2802A. Exemption for expert testimony.

§ 2802A. Exemption for expert testimony.
Nothing in § 2802 of this title shall be construed as prohibiting an otherwise qualified engineer, duly licensed under the laws of a state other than Delaware, from offering expert testimony in any action or proceeding in the courts of this State, consistent with the requirements of Delaware Uniform Rule of Evidence 702.
76 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2804. Delaware Association of Professional Engineers; objectives.

§ 2804. Delaware Association of Professional Engineers; objectives.
There is hereby established the Delaware Association of Professional Engineers, an instrumentality of the State. The objectives of the Association and of this chapter are to regulate the practice of engineering, to provide for the registration of qualified persons as professional engineers and the certification of engineer interns, to define the terms “engineer,” “professional engineer,” “engineer intern” and “the practice of engineering,” to create an organization to regulate the practice of engineering to provide and administer qualifying examinations and grant registration to qualified persons as professional engineers, to provide for the appointment and election of members to the governing body of this Association, to define the powers and duties of the Council, to set forth the minimum qualifications and other requirements for registration as a professional engineer, for certification as an engineer intern, the granting of a permit to practice engineering, and the granting of a certificate of authorization, to set rules for the establishment of fees, expiration requirements and renewal requirements, to establish continuing professional competency guidelines and requirements, and to provide for the enforcement of this chapter together with penalties for violations of the provisions of this chapter.
24 Del. C. 1953, §  2804;  58 Del. Laws, c. 501, §  1;  69 Del. Laws, c. 43, §  2;  74 Del. Laws, c. 267, §  1;  79 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2805. Ownership and use of property.

§ 2805. Ownership and use of property.
The Association may purchase, acquire, or receive by gift or bequest for the purposes of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease, or otherwise dispose of any said property.
24 Del. C. 1953, §  2805;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2808. Council election and appointment procedure.

§ 2808. Council election and appointment procedure.
(a) The schedule for the election of the 12 elected members shall be as follows:
(1) Three members representing the constituencies of:
Civil engineering, industry and New Castle County shall be elected in 1978 and every 4 years thereafter.
(2) Three members representing the constituencies of:
electrical engineering, private consulting practice and Kent County shall be elected in 1979 and every 4 years thereafter.
(3) Three members representing the constituencies of:
mechanical engineering, education and Sussex County shall be elected in 1980 and every 4 years thereafter.
(4) Three members representing the constituencies of:
chemical engineering, government and any other engineering discipline not previously designated shall be elected in 1981 and every 4 years thereafter.
(b) The schedule for the appointment of the 3 appointed members shall be as follows:
(1) One member from New Castle County shall be appointed in 1994 and every 4 years thereafter.
(2) One member from Kent County shall be appointed in 1993 and every 4 years thereafter.
(3) One member from Sussex County shall be appointed in 1991 and every 4 years thereafter.
(c) All appointments to the Council shall be made by the Governor in accordance with the above schedule and with the requirements of § 2807 of this title. Each term of office of the appointed Council members shall expire on the date specified in the appointment, however, the Council member shall remain eligible to participate in Council proceedings unless and until replaced by the Governor.
(d) The 12 Council members shall be elected by members of the Association through the procedure determined by Council, including, without limitation, electronic voting. The members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position.
24 Del. C. 1953, §  2808;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  3;  66 Del. Laws, c. 56, §  12;  67 Del. Laws, c. 368, §  17;  68 Del. Laws, c. 24, §  2;  69 Del. Laws, c. 412, §  10;  74 Del. Laws, c. 267, §  1;  79 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2809. Annual election of officers.

§ 2809. Annual election of officers.
The President, Vice-President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice-President may serve more than 2 consecutive 1-year terms in office.
24 Del. C. 1953, §  2809;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2810. Powers of the Council.

§ 2810. Powers of the Council.
(a) The Council, under the head of the Council President or the President's designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney's fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted.
(b) Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council.
(c) The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(d) Except as provided for in § 2804 of this title the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns.
(e) The Council may, in its sole discretion, delegate its authority to investigate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to an investigating committee.
(f) The Council may, in its sole discretion, delegate its authority to adjudicate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to a hearing committee in accordance with § 2824(b)(2) of this title.
24 Del. C. 1953, §  2810;  58 Del. Laws, c. 501, §  1;  69 Del. Laws, c. 412, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 93, §  1;  76 Del. Laws, c. 291, §  10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2811. Council vacancies.

§ 2811. Council vacancies.
(a) Where any member of Council is absent from 3 consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council.
(b) When any member of Council resigns, dies, moves that member's residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes that member's engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes that member's field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes that member's county of residence if elected to fill a county residency position, the office shall be declared vacant.
(c) A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat. A declared vacancy of an appointed Council position may, upon a majority vote of Council, be temporarily filled by the former Council member until a new person meeting the qualifications required to hold that appointed Council seat is appointed by the Governor.
(d) A declared vacancy of an elected Council seat shall be temporarily filled either by the former Council member or by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence, upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term.
24 Del. C. 1953, §  2811;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  4;  68 Del. Laws, c. 24, §  3;  69 Del. Laws, c. 412, §§  11, 12;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2812. Administration.

§ 2812. Administration.
The Council may appoint or employ such administrative officials as it deems fit.
24 Del. C. 1953, §  2812;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2813. Immunity of Council and committees.

§ 2813. Immunity of Council and committees.
(a) The Council and the members of any committees appointed by the Council are immune from any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determination undertaken or performed, or from any recommendation made, so long as the Council or committee member acted in good faith and without gross negligence in carrying out the responsibilities, authority, duties, powers, and privileges conferred by law upon them, with good faith being presumed.
(b) The Attorney General's office shall represent the Council, Council members, council officials, any committee created by Council or committee member, and at the express request of the Council, any person appointed or employed by the Council, in a civil action for damages arising from duties and services performed, or powers to be exercised, for the State. If the Attorney General's office determines it would be improper or unlawful to undertake such representation, then representation of such parties should proceed in accordance with § 3925 of Title 10.
24 Del. C. 1953, §  2813;  58 Del. Laws, c. 501, §  1;  65 Del. Laws, c. 261, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 267, §  1;  78 Del. Laws, c. 162, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2814. Bylaws of the Association.

§ 2814. Bylaws of the Association.
The Council shall prepare for approval by the membership the following bylaws related to the administrative and domestic duties of the Association:
(1) Prescribing procedures for the nomination of members of Council by a nominating committee and by the nomination by members;
(2) Prescribing procedures for the election of members of the Council;
(3) Prescribing procedures for the nomination and election of Council President, Vice-President, Secretary and Treasurer by the Council;
(4) Prescribing the duties of members of the Council and rules governing their conduct;
(5) Respecting the remuneration and reimbursement of members of the Council;
(6) Respecting the calling, holding and conducting of meetings of the Council and of the Association;
(7) Respecting the management of the property of the Association;
(8) Providing for the borrowing of money on the credit of the Association and the charging, mortgaging or pledging of the real or personal property of the Association to secure any money borrowed or other debt or other obligation or other liability of the Association;
(9) Respecting the receipt and disbursement of the funds of the Association and the investment of funds in a savings account which must be in a bank located within the State for the purpose of earning interest on the investment;
(10) Respecting the establishment of a reserve fund within a year of the initial election of Council for emergency or unforeseen expenses;
(11) Providing for an annual independent audit of the accounts of the Association;
(12) Providing for the appointment of committees of the Council and defining their composition, functions, remuneration and reimbursement;
(13) Providing for the closing of the roster and the registration of recorded changes of addresses or disciplines of the registrants for a period of 20 calendar days immediately preceding any meeting of the Association or any mailing of ballots for vote or election by the membership;
(14) For maintaining a system for the recording of registrants, their disciplines, their residence and business addresses and the counties in which they are resident, recording of the names and addresses of official representatives of engineering corporations and partnerships, and other pertinent data. The official roster of the Association shall be printed at least biannually and be available to the membership;
(15) Fixing and providing for the levying and collection or remitting of annual or other fees approved by the members in accordance with this chapter;
(16) Prescribing applications, certificates, permits and seals and providing for their issuance and use;
(17) Concerning bonding of officers of the Council and employees of the Association;
(18) Respecting all other things that are deemed necessary or convenient for the attainment of the objectives of the Association and the efficient conduct of its business.
24 Del. C. 1953, §  2814;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;