reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 104. Officers; meetings; conduct of business; quorum; absences.

§ 104. Officers; meetings; conduct of business; quorum; absences.
(a) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the president may deem necessary, or at the request of a majority of Board members.
(b) The Board shall elect annually from its members a president and a secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive years.
(c) A majority of members of the Board shall constitute a quorum for the transaction of all business and no disciplinary action shall be taken without the affirmative vote of at least 5 members.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
27 Del. Laws, c. 98, §  2;  Code 1915, §  980;  32 Del. Laws, c. 48, §  2;  Code 1935, §  1091;  46 Del. Laws, c. 110, §  1;  24 Del. C. 1953, §  101;  50 Del. Laws, c. 167, §  1;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §   1;  71 Del. Laws, c. 139, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 106. Certificate or permit required.

§ 106. Certificate or permit required.
(a) The use of the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant shall be limited to a person who holds an active permit to practice issued by the Board pursuant to this chapter or issued under the laws of another jurisdiction. Holders of certificates only, who have never held a Delaware permit to practice, may not use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant. Up to and including June 30, 2017, holders of certificates only who have held a Delaware permit to practice which has since lapsed may use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant; provided that it is clearly indicated that such person is not holding himself or herself out as a practicing certified public accountant. Upon proper notification to the Board, holders of CPA permits to practice who no longer provide any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills and who no longer meet the continuing education requirement under § 108 of this title must place the word “inactive” adjacent to their CPA title.
(b) The use of the title or designation “public accountant” or the abbreviation “PA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant shall be limited to a person who holds a valid permit to practice public accountancy.
27 Del. Laws, c. 98, §  1;  Code 1915, §  981;  Code 1935, §  1092;  24 Del. C. 1953, §  103;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  75 Del. Laws, c. 128, §  2;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 112. Professional responsibilities.

§ 112. Professional responsibilities.
While § 111(a) of this title requires firms to obtain permits to practice, and § 102(10) of this title defines “firm” to include valid partnerships and corporations, this chapter shall not be interpreted to alter professional responsibility standards. All firms and accountants practicing in firms shall continue to be bound by professional responsibility standards no less stringent than those stated in § 608 of Title 8.
71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 113. Examinations.

§ 113. Examinations.
The Board may, by regulation, prescribe the terms and conditions for granting credit to a candidate for a permit to practice certified public accountancy or an applicant for a permit to practice public accountancy based on the candidate's or applicant's satisfactory completion of an examination in any 1 or more of the subjects of the Uniform Certified Public Accountant Examination, the examination recognized by the National Society of Public Accountants and any written examination in any other subject or subjects given by the Board or by the licensing authority in any other jurisdiction.
27 Del. Laws, c. 98, §  3;  Code 1915, §  982;  32 Del. Laws, c. 48, §§  2, 3;  Code 1935, §  1093;  24 Del. C. 1953, §  105;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 115. Prohibited acts; limitation of services.

§ 115. Prohibited acts; limitation of services.
(a) No person or firm shall perform compilation, review or audit services, as defined by the American Institute of Certified Public Accountants (AICPA), except holders of a valid permit to practice.
(b) Audit services provided by holders of permits to practice public accountancy shall be limited to services for nonpublic entities.
65 Del. Laws, c. 167, §  1;  71 Del. Laws, c. 139, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 116. Complaints.

§ 116. Complaints.
(a) The Board or any aggrieved person may file a complaint against any individual or firm holding a permit to practice or any certificate holder. All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. The Division may refer a complaint against an individual practicing under § 109 of this title to the state of licensure for handling.
(b) When it is determined that an individual or firm is engaged in the practice of certified public accountancy or public accountancy without having first obtained the appropriate permit, the Board shall apply to the Division of Professional Regulation to issue a cease and desist order.
(c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.
71 Del. Laws, c. 139, §  1;  76 Del. Laws, c. 418, §  17;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 117. Unprofessional conduct.

§ 117. Unprofessional conduct.
An individual holding a certificate and any individual or firm holding a permit to practice shall be subject to those disciplinary actions set forth in § 118 of this title if, after a hearing, the Board finds that the individual or firm:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire or renew a certificate or permit to practice or be otherwise authorized to practice accountancy; or impersonated another person holding a certificate or permit to practice; or allowed another person to use the individual's certificate or permit to practice; or aided or abetted a person not holding a certificate or permit to practice to represent himself or herself as holding a certificate or permit to practice;
(2) Has engaged in an act of fraud or gross negligence in the practice of accounting or engaged in dishonorable, unethical or unprofessional conduct intended to or likely to deceive, defraud or harm the public;
(3) Has been found guilty of or has entered a plea of guilty or nolo contendere to a crime that is substantially related to the practice of accountancy;
(4) Has been subject to disciplinary sanction or censured or has had the individual's certificate or permit to practice revoked or suspended in any other state for any cause other than failure to pay an annual registration fee;
(5) Has been subject to disciplinary sanction or censured or has had the individual's right to practice revoked before any state or federal agency; or
(6) Has violated a lawful provision of this chapter or any lawful regulation or rule of professional conduct established thereunder.
27 Del. Laws, c. 98, §  5;  Code 1915, §  984;  Code 1935, §  1095;  24 Del. C. 1953, §  108;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  74 Del. Laws, c. 262, §  4;  76 Del. Laws, c. 418, §  18;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 119. Board hearings; procedures.

§ 119. Board hearings; procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 117 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with this chapter, § 8735 of Title 29 and the Administrative Procedures Act, Chapter 101 of Title 29.
(b) Upon reaching its conclusion of law and determining an appropriate sanction, if any, the Board shall issue a written decision and order in accordance with § 10128 of Title 29. The order must restate the factual findings, but need not summarize the evidence presented. The decision and order may be issued over the signature of only the President or other officer of the Board. The decision and order must be sent by certified mail, return receipt requested, to the subject of the complaint.
(c) [Repealed.]
60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  71 Del. Laws, c. 139, §  1;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 120. Ownership of working papers.

§ 120. Ownership of working papers.
(a) All statements, records, schedules, working papers and memoranda made by a permit holder or a partner, shareholder, officer, director or employee of a permit holder, incident to or in the course of rendering services to a client, except the reports submitted by the permit holder to the client, and except for records that are part of the client's records, shall be and remain the property of the permit holder in the absence of an express agreement between the permit holder and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed without the consent of the client or the client's personal representative or assignee, to anyone other than 1 or more surviving partners or stockholders or new partners or stockholders of the permit holder or any combined or merged firm or successor in interest to the permit holder. Nothing in this section should be construed as prohibiting any temporary transfer of working papers or other material necessary in the course of carrying out quality reviews.
(b) A permit holder shall furnish to permit holder's client or former client, upon request and reasonable notice:
(1) A copy of the permit holder's working papers, to the extent that such working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; or
(2) Any accounting or other records belonging to or obtained from or on behalf of the client that the permit holder removed from the client's premises or received for the client's account; the permit holder may make and retain copies of such documents of the client when they form the basis for work done by the permit holder.
(c) Nothing herein shall require a permit holder to keep any working paper beyond the period prescribed in any other applicable statute.
24 Del. C. 1953, §  110;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 121. Violations; penalties.

§ 121. Violations; penalties.
(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a person is engaged in the practice of certified public accountancy or public accountancy, or is representing himself or herself to the public as the recipient of a certificate or permit, or is holding himself or herself out as being authorized to practice certified public accountancy or public accountancy, without having lawfully obtained a certificate or permit, or without having a practice privilege under § 109 of this title, or otherwise wrongfully uses such title or any similar title to practice certified public accountancy or public accountancy, or continues to practice certified public accountancy or public accountancy after the revocation or suspension of a practice privilege in this State or after the revocation, suspension or expiration of a certificate or permit from this State or another state, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.
(b) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a firm is improperly holding itself out as being authorized to practice certified public accountancy or public accountancy, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.
(c) [Repealed.]
(d) Any person or entity who violates any provisions of this chapter or any rules or regulations promulgated hereunder, shall be liable for a civil penalty as set forth in § 118(a)(6) of this title. Where a partnership or corporation engages in the practice of certified public accountancy or public accountancy in violation of this chapter, or any rules or regulations promulgated hereunder, every partner of such partnership and every officer, director, shareholder or principal of such corporation, shall be deemed to have committed the violation in question. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
27 Del. Laws, c. 98, §  7;  Code 1915, §  986;  Code 1935, §  1097;  24 Del. C. 1953, §  114;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  76 Del. Laws, c. 418, §  21;  80 Del. Laws, c. 247, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 124. Renewals.

§ 124. Renewals.
In the event that a permit holder fails to timely renew a permit, such permit can be reinstated within a period of 1 year from the lapse of the permit to practice, at the discretion of the Board, upon payment of the regular renewal fee plus an additional late renewal processing fee established by the Division of Professional Regulation, and upon the permit holder furnishing proof of compliance with all other permit requirements established by the Board, including proof that the permit holder has met the continuing education requirements established by the Board.
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 1. BOARD OF ACCOUNTANCY › § 127. Permitted titles and safe harbor language.

§ 127. Permitted titles and safe harbor language.
(a) Notwithstanding any provision to the contrary contained herein, an individual who is not a licensee of the Board shall not be prohibited the use of the following titles:
the unadorned word “Accountant”; “Enrolled Agent” or initials “E.A.”; “Accredited business Advisor” or the initials “A.B.A.”; “Accredited Tax Preparer” or the initials “A.T.P.”; “Accredited Tax Advisor” or the initials “A.T.A.”
(b) Notwithstanding any provision to the contrary contained herein, an individual who is not a licensee of the Board shall not be prohibited the use of the following language in connection with financial statements:
“I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).
“I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”
76 Del. Laws, c. 418, §  23;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 200. Objectives of board.

§ 200. Objectives of board.
The primary objective of the Board of Landscape Architecture, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, 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 complaints hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary against practitioners.
63 Del. Laws, c. 461, §  1;  67 Del. Laws, c. 385, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 201. Definitions.

§ 201. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:
(1) “Board” shall mean the Delaware State Board of Landscape Architecture.
(2) “Landscape architect” shall mean a person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted and holds a current certificate entitling the person to use the designation “landscape architect” and practices landscape architecture in this State under the authority of this chapter.
(3) a. “Landscape architecture” shall mean any service or creative work the adequate performance of which requires landscape architectural education, training and experience. It shall mean the performance of professional services such as consultation, investigation, research, planning, design, preparation of drawings, specifications and contract documents, and responsible supervision or construction management in connection with the development of land areas where, and to the extent that the dominant purpose of such services is:
The preservation, enhancement or determination of proper land uses, natural land features, wetlands and environmentally sensitive plant and animal communities, naturalistic and aesthetic values; the determination of settings, circulation systems, and hard scaping structures, grounds and approaches for buildings and structures or other improvements; the determination of environmental problems of land relating to erosion, flooding, blight and other hazards; the shaping and contouring of land and water forms; the setting of grades, determination of drainage and providing for storm drainage systems where such systems do not require structural design of system components and determination of landscape irrigation.
b. “Landscape architecture” shall include the design of such tangible objects and features as are necessary to the purpose outlined herein but shall not include the design of buildings, structures and utilities with separate and self-contained purposes such as are ordinarily included in the practice of architecture or engineering.
(4) “Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to landscape architecture.
60 Del. Laws, c. 190, §  1;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  5;  74 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 202. License required.

§ 202. License required.
No person shall hold oneself out to the public as being a licensed landscape architect, or use in connection with one's name or otherwise assume, use or advertise any title or description intending to convey the impression that one is a licensed landscape architect, unless such person has been licensed under this chapter.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  2;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 204. Board of Landscape Architecture — Officers; meetings; quorum.

§ 204. Board of Landscape Architecture — Officers; meetings; quorum.
(a) In January of each year the members shall elect, from among their Board, a President, a Secretary and a Treasurer. Each officer shall serve for 1 year, and shall not successively serve for more than 2 consecutive terms.
(b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary; or at the request of a majority of Board members. Special or emergency meetings may be held without notice provided a quorum is present.
(c) A majority of members shall constitute a quorum, and no action shall be taken without the affirmative vote of at least 3 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.
(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded and transcribed by the Division.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  4;  64 Del. Laws, c. 117, §  1;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 385, §  1;  68 Del. Laws, c. 91, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 207. Examination.

§ 207. Examination.
(a) The Board shall, in the same month of each year, or at such times as are determined by the testing service, administer the uniform national examination, prepared and graded by the National Council of Landscape Architectural Registration Boards or such portions of the uniform national examination as it deems necessary. Such written examination shall be obtained from, and corrected by, the National Council of Landscape Architectural Registration Boards, or similar national testing service. Where an applicant has failed to pass the examination, but has successfully completed or passed certain portions or sections which the applicant previously failed, the applicant shall be permitted to retake only those certain portions or sections of the examination the applicant has failed, if the testing service permits such partial examination. In the event the applicant fails the second time to successfully complete or pass the examination, the Board may require that such applicant again take the complete examination.
(b) In the event an applicant has already taken and passed the uniform national examination, the certificate from the National Council of Landscape Architectural Registration Boards acknowledging same shall be accepted, and no further state examination shall be necessary.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  7;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 208. Reciprocity.

§ 208. Reciprocity.
Where the applicant is already licensed in another state, the Board shall accept a certificate or other evidence of the examination score issued by the National Council of Landscape Architectural Registration Boards that the applicant has successfully completed or passed the uniform national examination, or the certificate or other evidence of successful completion of a similar national testing service for its national examination for landscape architects, in lieu of all other requirements for licensure provided for in this chapter. Upon receipt of an application for reciprocity, the Board shall contact each board which has previously licensed the applicant, to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. An application for licensure by reciprocity shall be accompanied by full payment of the reciprocity fee.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  8;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 210. Renewal; inactive status; reinstatement.

§ 210. Renewal; inactive status; reinstatement.
(a) [Repealed.]
(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation. The Board shall in its rules and regulations, determine the period of time within which a practitioner may still renew a license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided, however, that such period shall not exceed l year. The Board shall charge for each month or quarter during such “late renewal period” a late fee which, at the end of such “late period” will be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable unless the former licensee reapplies under the same conditions which govern reciprocity; provided, however, that the former licensee shall also pay a reinstatement fee in an amount which is 3 times the amount of the reciprocity fee.
(c) Any licensee may, upon a written request, be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon notification to the Board of the intent to do so.
(d) A former licensee who has been penalized for the violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the uniform national examination and shall pay all appropriate fees therefor.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  10;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 336, §  5;  80 Del. Laws, c. 205, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 211. Complaints.

§ 211. Complaints.
All filings and investigations of complaints by practitioners or members of the public which concern any aspect of the practice of landscape architecture shall be presented and processed pursuant to § 8735(h) of Title 29.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  11;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 385, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 213. Grounds for discipline; procedure.

§ 213. Grounds for discipline; procedure.
(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 214 of this title if, after a hearing, the Board finds:
(1) That the practitioner has employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice landscape architecture;
(2) Illegal, incompetent or negligent conduct in the practice of landscape architecture;
(3) Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);
(4) That the practitioner has been convicted of a crime that is substantially related to the practice of landscape architecture;
(5) That the practitioner, as a landscape architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities;
(6) That the practitioner has violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(b) A practitioner shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:
(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;
(2) Temporary emotional disorder or mental illness; or
(3) Permanent emotional disorder or mental illness.
(c) If a practitioner's physical or mental capacity to practice safely is at issue in a nondisciplinary remedial proceeding, the Board may order the practitioner to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render a practitioner liable to temporary suspension or revocation of license in accordance with § 214 of this title.
(d) Where a practitioner fails to comply with the Board's request that the practitioner submit to an examination or attending a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue such order.
(e) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board; and no practitioner's right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act [29 Del. C. § 10101 et seq.].
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  13;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 215. Hearing procedures.

§ 215. Hearing procedures.
(a) Upon the receipt of a complaint, the Board shall determine what action, if any, it shall take. If the Board decides not to take any further action, and the complainant is known to the Board, the Board shall forward by letter to the complainant its reasons for not taking further action. Where the Board has determined to take further action, the matter shall be heard by the Board within 3 months from the date on which the complaint was received. The Board shall fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the practitioner at least 30 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.
(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the practitioner. The Board's decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner, unless there is an appeal by the practitioner to the Superior Court within that time.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  15;  67 Del. Laws, c. 385, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 2. LANDSCAPE ARCHITECTS › § 216. Practicing without a license; penalties.

§ 216. Practicing without a license; penalties.
(a) Where the Board has determined that a person is practicing landscape architecture within the State without having lawfully obtained a license therefor, or that a person previously licensed is unlawfully practicing although the person's license has been suspended or revoked, the Board shall formally warn such person. If the offense continues, the Board shall make a formal complaint to the Attorney General. The complaint shall include all evidence known to, or in the possession of, the Board.
(b) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license.
(c) Where a person not currently licensed as a landscape architect is convicted of unlawfully practicing landscape architecture in violation of this chapter such offender shall, upon the first offense, be fined $50, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.
(d) Where a person previously convicted of unlawfully practicing landscape architecture is convicted a second or subsequent time of such offense, the fine assessed against such person shall be increased by $250 for each subsequent offense thereafter.
60 Del. Laws, c. 190, §  1;  63 Del. Laws, c. 461, §  16;  67 Del. Laws, c. 385, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 301. Objectives and functions.

§ 301. Objectives and functions.
The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including those persons who are 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 architect 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 architects regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against architects.
64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 302. Definitions.

§ 302. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Architect” shall mean any person who engages in the practice of architecture as hereinafter defined.
(2) The “Board” shall mean the Board of Architects established by § 8735(a)(3) of Title 29 and this chapter.
(3) “Certificate of registration” shall mean any document which indicates that a person is currently registered with the Board of Architects.
(4) “Direct supervision” shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision.
(5) “Practice of architecture” shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts.
(6) “Registered architect” shall mean an architect holding a current certificate of registration.
(7) “Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of architecture.
(8) “Technical submissions” shall mean designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 305. Officers; conduct of business.

§ 305. Officers; conduct of business.
(a) In the same month of each year, the members shall elect, from among their number, a president and a secretary. A member may serve as an officer of the Board for not more than 2 consecutive years.
(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the president may deem necessary, or at the request of a majority of Board members. A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 5 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically, upon such occurrence, be deemed to have resigned from office and a replacement shall be appointed.
(c) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
(d) The Division of Professional Regulation shall annually compute the average expenses incurred in duplicating the following materials:
The meeting schedule for the Board, notice of next business meeting and the minutes of Board meetings. Upon initial registration and each registration renewal, each registered architect shall receive a list of materials available from the Division, and the price charged to receive each for 1 year. Each item shall be offered to the registered architect and to members of the public at a cost set by the Division of Professional Regulation.
38 Del. Laws, c. 60, §§  1, 5-7;  Code 1935, §§  891, 895-897;  24 Del. C. 1953, §§  303-305;  56 Del. Laws, c. 399, §  1;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 307. Application procedures.

§ 307. Application procedures.
(a) An applicant who is applying for initial registration under this chapter shall have the following qualifications:
(1) The applicant shall hold a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or shall have completed such other education as the Board deems equivalent. The Board shall adopt accreditation decisions of the NAAB and shall adopt regulations governing education or continuing education published from time to time by the National Council of Architectural Registration Boards;
(2) The applicant shall have completed practical training in architectural work acceptable to the Board.
(b) Each applicant shall provide such information as may be required on an application form designed and furnished by the Board.
(c) The Board may refuse or reject an applicant if, after a hearing, the Board finds that the applicant has:
(1) Been convicted of committing a crime that is substantially related to the practice of architecture; if however, after considering the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(1);
a.-d. [Repealed.]
(2) Misstated or misrepresented a fact in connection with an application;
(3) Been found guilty of a violation of any of the Requirements for Business and Professional Conduct required of architects and as set forth in statutes or regulations;
(4) Practiced architecture without being registered in violation of the registration laws of Delaware. Notwithstanding such a finding, the Board may allow registration of such applicant if the applicant presents to the Board suitable evidence of reform.
(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(e) 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 the person than for other applicants, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(f) [Repealed.]
38 Del. Laws, c. 60, §§  13, 15;  Code 1935, §§  903, 905;  24 Del. C. 1953, §§  311, 313;  56 Del. Laws, c. 399, §  2;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  11;  75 Del. Laws, c. 261, §  3;  75 Del. Laws, c. 436, §  3;  77 Del. Laws, c. 199, §  3;  78 Del. Laws, c. 44, §§  5, 6;  80 Del. Laws, c. 206, § 1;  83 Del. Laws, c. 433, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 308. Examination of applicants.

§ 308. Examination of applicants.
(a) An applicant for initial registration under this chapter shall be required to pass an examination adopted by the Board and graded by a national testing administrator. The Board, or its agent, shall, at least once per year, provide for the administration and grading of such examination. Where an applicant has failed to pass the examination, but has successfully completed and passed certain portions or sections of the examination, the applicant shall in the next subsequent examination be tested only for those portions or section which the applicant has previously failed.
(b) The Board may exempt from the written examination requirement an applicant who holds a certification issued by the National Council of Architectural Registration Boards.
64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 206, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 309. Reciprocity.

§ 309. Reciprocity.
(a) Upon payment of the application 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:
(1) Holds a National Council of Architectural Boards (NCARB) certificate; or
(2) Presents proof of current registration in good standing in another jurisdiction whose standards for licensure are substantially similar to those of this State; or
(3) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 5 years and holds a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or such other education as the Board deems equivalent; or
(4) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 13 years.
(b) An applicant who is applying for licensure by reciprocity must also meet the requirements of § 307(c) of this title.
64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 206, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 310. Fees.

§ 310. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for 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 state agency acting in its behalf, shall compute for each separate service or activity the appropriate Board fees for the coming year.
38 Del. Laws, c. 60, §  16;  Code 1935, §  906;  24 Del. C. 1953, §  314;  53 Del. Laws, c. 108, §  3;  57 Del. Laws, c. 474;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 144, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 311. Issuance and renewal of certificate of registration.

§ 311. Issuance and renewal of certificate of registration.
(a) Each applicant who meets the requirements of §§ 307 and 308 of this title, or the requirements of § 309 of this title, and who pays the fee established under § 310 of this title, shall be issued a certificate of registration.
(b) Each certificate of registration shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a registered architect may still renew a license, notwithstanding the fact that such registered architect has failed to renew on or before the renewal date; provided, however, that such period shall not exceed 1 year. The Board shall charge, for each month or quarter during such “late renewal period,” a late fee which at the end of such “late period” shall be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the certification of registration of the registered architect shall be deemed to be lapsed and not renewable, unless the former Delaware registered architect, without further examination, files an application under the same conditions which govern the application for reciprocity pursuant to § 309 of this title, provided, however, that the former registered Delaware architect shall also pay a reinstatement fee in the amount which is 3 times the amount of the annualized reciprocity fee, as determined by the Division.
38 Del. Laws, c. 60, §  18;  Code 1935, §  908;  24 Del. C. 1953, §  316;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 261, §  4;