reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter I. Board of Home Inspectors › § 4102. Definitions.

§ 4102. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(1) “Board” shall mean the State Board of Home Inspectors established in this chapter.
(2) “Division” shall mean the State Division of Professional Regulation.
(3) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the ability to perform the work of a home inspector.
(4) “Home” shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives.
(5) “Home inspection” shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer:
heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building.
(6) “Licensed home inspector” shall mean a person, who has met the licensing requirements of this chapter and who holds a current, valid license issued under this chapter.
(7) “Person” shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities.
(8) “Personal supervision” shall mean the active oversight by the licensed home inspector of the home inspector trainee. The trainee may assist in the completion of a home inspection report, and may co-sign a home inspection report, provided that the trainee has been under the personal supervision of the licensed home inspector, and provided further that the licensed home inspector shall review and sign the home inspection report and accept total responsibility for said home inspection report.
(9) “State” shall mean the State of Delaware.
(10) “Substantially related” shall mean the nature of the 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 home inspecting.
(11) “Trainee” shall mean a person who has satisfied the requirements as set forth in § 4109 of this title and any requirements as set forth in the rules and regulations as established by the Board.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter I. Board of Home Inspectors › § 4104. Organization; meetings; officers; quorum.

§ 4104. 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 Board members.
(b) The Board annually shall elect a chair and vice-chair. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
(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 at least 3 members of the Board.
(d) Minutes of all meetings shall be maintained and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
78 Del. Laws, c. 170, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter I. Board of Home Inspectors › § 4105. Records.

§ 4105. Records.
The Division shall keep a register of all approved applications for licensed home inspectors and home inspector trainees, 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.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4107. License required.

§ 4107. License required.
(a) No person, partnership, association, or corporation shall hold himself, herself, or itself out to the public in this State as being qualified to act as a home inspector, or advertise, or engage in the practice of inspecting homes or assume to act as a home inspector, or use in connection with the person's, partnership's, association's or corporation's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person, partnership, association or corporation is qualified to act as a home inspector, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a home inspector in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a home inspector in this State.
(c) No person shall act as a home inspector trainee or hold himself or herself out to be a home inspector trainee unless such person has been duly registered by the Board under this chapter.
78 Del. Laws, c. 170, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4109. Home inspector trainee; requirements of supervision.

§ 4109. Home inspector trainee; requirements of supervision.
(a) Persons, who are presented to the Board by a supervising home inspector for registration as a home inspector trainee, shall provide a statement to the Board that the trainee:
(1) Shall perform only those specific functions, which have been delineated in the supervising home inspector's statement;
(2) Shall practice only under the direct supervision of a licensed home inspector;
(3) Shall identify themselves to the public as a home inspector trainee;
(4) Shall not have been convicted of a crime that is substantially related to the practice of home inspection; however, if after consideration of the factors set forth under § 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, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(4).
a.-d. [Repealed.]
(5) Has acquired the required training and experience requirements to act as a home inspector trainee as may be established by the Board, including any educational courses of study as established by the Board.
(b) An applicant, who has been registered by the Board as a home inspector trainee, may assist in the completion of a home inspection report, and may co-sign a home inspection, provided that the home inspector trainee is actively and personally supervised by a licensed home inspector.
(c) In addition, the supervising licensed home inspector shall review and sign all home inspection reports prepared under the supervising licensed home inspector's supervision by the home inspector trainee and shall accept total responsibility for the home inspection report.
(d) No person, while registered as a home inspector trainee, shall be required to pay any fee, charge or other thing of value to a supervising licensed home inspector, or be required to execute a covenant not to compete with a supervising licensed home inspector, as a condition of satisfying the home inspector trainee requirements of this subchapter.
(e) The Board in its regulations shall determine the number of home inspector trainees that a supervising home inspector may supervise and the requirements of their supervision.
78 Del. Laws, c. 170, §  1;  79 Del. Laws, c. 126, §  2;  79 Del. Laws, c. 392, §  1;  82 Del. Laws, c. 9, § 4;  83 Del. Laws, c. 433, § 29;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4110. Temporary license.

§ 4110. Temporary license.
(a) A home inspector from another state, who is licensed or certified by the home inspector licensing or certifying agency in such state, may apply for registration to receive temporary licensing privileges in this State for the purpose of completing specific home inspection services by paying all required fees and filing with the Board an application, on a form prescribed by the Board for such purpose, which shall set forth and include:
(1) The applicant's name, address, social security number, and such other information as may be necessary to identify the applicant;
(2) The type of license or certificate held by the applicant and the license or certificate number;
(3) The dates of licensure or certification and the expiration date of the applicant's current license or certificate;
(4) Whether the license or certificate was issued as a result of passing a licensure or certification examination, by reciprocity, or by some other means;
(5) A statement that the person has met the requirements of § 4108(a)(4), (5), (6), and (7) of this title;
(6) A statement that the applicant agrees to abide by all home inspector laws and rules of this State and to cooperate with any investigation initiated as provided under this chapter;
(7) Identification of the property to be inspected and the anticipated duration of the assignment; and
(8) Such other information as may be necessary to determine the applicant's eligibility for temporary home inspector licensing privileges in this State.
(b) Licensing privileges granted under the provisions of this section shall expire upon completion of the specific home inspection assignment for which the Board has issued the temporary license.
(c) The Division is empowered to issue a temporary license to a home inspector from another state, who has documented compliance with the requirements of this section.
78 Del. Laws, c. 170, §  1;  82 Del. Laws, c. 9, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4111. Endorsement.

§ 4111. Endorsement.
(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. A license in “good standing” is defined in § 4108(a)(4), (5), (6), and (7) of this title.
(b) An applicant, who is licensed in good standing, as defined in subsection (a) of this section, in a state whose standards are not substantially similar to those of this State, shall be licensed by endorsement if such person:
(1) Has practiced for a minimum of 1 year, performed at least 75 fee-paid home inspections, and holds the designation of inspector or certified inspector as a member of the American Society of Home Inspectors (“ASHI”) or the designation of regular member or certified real estate inspector as a member of the National Association of Home Inspectors (“NAHI”); or
(2) Has practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for endorsement in this section.
(c) An applicant, who is a graduate of a foreign college or university or who has completed formal training as a home inspector in a foreign jurisdiction, and who is not licensed in another state, the District of Columbia, or territory of the United States, shall submit a certified copy of the applicant's college or university record or documentation evidencing formal training as a home inspector for evaluation by the Board, in addition to fulfilling the applicable requirements for licensure of §§ 4108 and 4109 of this title.
78 Del. Laws, c. 170, §  1;  79 Del. Laws, c. 392, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4112. Fees.

§ 4112. 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. The Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the licensure biennium.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4113. Issuance and renewal of licenses.

§ 4113. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure as a home inspector and who pays the fee established under § 4112 of this title.
(b) 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, and shall meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title. The Board may determine, after a hearing, whether the failure to meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title is grounds to deny renewal. The Board may withhold renewal of any applicant failing to meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title pending investigation and the conclusion of disciplinary proceedings under §§ 4115 and 4116 of this title.
(c) The Board, in its rules and regulations, shall determine the late fee and period of time within which a licensed home inspector may still renew that home inspector's license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board's rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board's rules and regulations.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4115. Complaints.

§ 4115. Complaints.
(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29.
(b) When it is determined that an individual is engaging, or has engaged, in the practice of home inspection, or is using the title “home inspector” or other title implying that the individual is competent to act as a “home inspector” and is not licensed under the laws of this State, the Board may institute proceedings under § 10161 of Title 29 for issuance of a cease and desist order and a fine.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4117. Hearing procedures.

§ 4117. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 4114 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days 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.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter II. License › § 4118. Reinstatement of a suspended license; removal from probationary status.

§ 4118. 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 or review of documentation, 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.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 41. HOME INSPECTORS › Subchapter III. Other Provisions › § 4119. Exception.

§ 4119. Exception.
Nothing in this chapter prevents:
(1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities.
(2) A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure.
(3) A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work.
(4) A person who is regulated in another profession, such as a licensed professional engineer or a certified HUD inspector, from acting within the scope of that person's license, registration or certification.
78 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter I. General Provisions › § 4402. Scope.

§ 4402. Scope.
This chapter governs the installation of manufactured homes wherever situated in the State of Delaware, and shall apply to single section, multiple section or expandable homes for use as a permanent dwelling.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter I. General Provisions › § 4404. Division responsibilities; register of licensed installers; Board records; administrative support.

§ 4404. Division responsibilities; register of licensed installers; Board records; administrative support.
(a) The Division of Professional Regulation shall keep a register of all approved manufactured home installer licensure applications.
(b) The Division shall maintain complete records relating to meetings of the Manufactured Home Installation Board including, but not limited to:
minutes, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearing records, and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
(c) The Division shall provide administrative support necessary for the Board to carry out its duties under this chapter.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter II. The Manufactured Home Installation Board › § 4411. The Manufactured Home Installation Board.

§ 4411. The Manufactured Home Installation Board.
There is created a Manufactured Home Installation Board which shall administer and enforce this chapter.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter II. The Manufactured Home Installation Board › § 4412. The Manufactured Home Installation Board; objectives.

§ 4412. The Manufactured Home Installation Board; objectives.
(a) The primary objective of the Manufactured Home Installation Board, 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.
(b) The secondary objectives of the Board are to maintain minimum standards of competence; 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 persons regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against persons licensed or certified pursuant to this chapter.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter II. The Manufactured Home Installation Board › § 4414. The Manufactured Home Installation Board; vacancies; suspension or removal; member conduct; unexcused absences; compensation.

§ 4414. The Manufactured Home Installation Board; vacancies; suspension or removal; member conduct; unexcused absences; compensation.
(a) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(b) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.
(c) Any member, who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.
(d) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
75 Del. Laws, c. 213, §  1;  81 Del. Laws, c. 85, § 25;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter II. The Manufactured Home Installation Board › § 4415. The Manufactured Home Installation Board; meetings; officers; quorum.

§ 4415. The Manufactured Home Installation Board; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the president deems necessary, or, at the request of a majority of Board members.
(b) The Board annually shall elect a president, vice-president, secretary, a complaint officer and an education officer. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
(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 at least 5 members of the Board.
(d) Minutes of all meetings shall be recorded and delivered to the Division in a timely manner following the meeting. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting the transcript shall incur the cost of preparing any transcript.
75 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter III. Manufactured Home Installation Code › § 4421. Manufactured home installations.

§ 4421. Manufactured home installations.
(a) Every manufactured home installed in Delaware must be installed by a manufactured home installer licensed by the Board pursuant to this chapter.
(b) All manufactured home installations shall performed in a manner consistent with the regulations of the United States Department of Housing and Urban Development and shall be completed:
(1) Pursuant to the requirements of the manufactured home manufacturer's written installation instructions or manual; or
(2) If the manufacturer's written installation instructions or manual is not available, then pursuant to the applicable provisions of NCSBCS/ANSI 225.1, 1994, as amended; or
(3) If the manufacturer's written installation instructions or manual is not available, and the provisions of NCSBCS/ANSI 225.1, 1994, as amended do not apply to the specific manufactured home, then pursuant to a set of plans designed for that specific manufactured home under the seal of a registered professional engineer.
(c) At the discretion of the county where the manufactured home is sited, and for a period not to exceed 6 months, limited exceptions to the above installation requirements may be permitted where installation of a manufactured home is made on a temporary basis, as emergency relief to a resident whose legal dwelling has been damaged or destroyed by fire or other natural disaster until said damage can be repaired or the dwelling replaced with a legal dwelling, or for a temporary installation where a manufactured home is being replaced with anther legal dwelling.
(d) All manufactured home installations shall be inspected pursuant to this chapter, by an employee or contractor of an authorized inspection agency who has been certified by the Board as a manufactured home installation inspector.
(e) This section is intended to establish minimal standards for the installation of any manufactured home within the State of Delaware and to govern the installation of both previously owned manufactured homes and new manufactured homes. These standards are intended to satisfy the standards established by the federal Manufactured Housing Improvement Act of 2000 [P.L. 106-569, Title VI], and shall be liberally construed to that end.
75 Del. Laws, c. 213, §  1;  77 Del. Laws, c. 169, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter III. Manufactured Home Installation Code › § 4422. Installation inspections.

§ 4422. Installation inspections.
(a) All installations of manufactured homes, whether new or previously owned, shall be subject to a minimum of 2 and a maximum of 5 inspections conducted prior to the owner taking occupancy, and the issuance of a certificate of completion or occupancy. At least 1 inspection shall be performed upon completion of an installation for the purposes of ensuring the safety and stability of the installation and the habitability of the manufactured home. Re-inspections required due to a failure of a previous inspection do not count towards the maximum number of inspections.
(b) Inspections shall be conducted by the land use department or other applicable agency or department of the county in which the manufactured home is located, unless a local government agency that currently performs such inspections on traditional housing desires to assume responsibility for inspections of manufactured housing. If the local government agency declines to do the inspection then the county shall be the authorized inspection agency. Counties or municipalities may hire inspectors on a contract basis to perform inspections on the county's or municipality's behalf, consistent with their current practices for other types of inspections. Such inspectors are subject to the requirements of subsection (d) of this section below. In no event shall any installation be subject to multiple inspections by other jurisdictions.
(c) The county or other local applicable agency which performs the inspection may charge a reasonable fee, as it relates to the actual cost to the inspecting agency, for the inspection procedure.
(d) No person shall undertake an installation inspection pursuant to this chapter without first having been individually certified by the Board pursuant to this chapter.
75 Del. Laws, c. 213, §  1;  77 Del. Laws, c. 169, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter III. Manufactured Home Installation Code › § 4423. Requirement to provide notification of installation information.

§ 4423. Requirement to provide notification of installation information.
All licensed manufactured home installers shall purchase approval decals from the Board, for a fee to be established by the Division. Such decal shall denote the date of setup, the name of the installer, and the number of the installer's license. Approval decals shall be positioned and permanently affixed next to the manufactured home data plate.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter IV. Licensure and Certification › § 4432. Certification requirements.

§ 4432. Certification requirements.
The Board may issue a manufactured home installation inspector's certificate to any full-time, part-time, or casual/seasonal employee of an authorized inspection agency who has completed a certification course established or approved by the Board.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter IV. Licensure and Certification › § 4433. License and certification renewal; inactive licenses; refusal to renew; finality of Board's decision.

§ 4433. License and certification renewal; inactive licenses; refusal to renew; finality of Board's decision.
(a) All licenses issued pursuant to this chapter shall be renewed biennially. All certificates issued pursuant to this chapter shall be renewed on a schedule established by the Board.
(b) The Board may establish requirements to grant an inactive status to any licensee upon request.
(c) Renewal decisions of the Board shall be final when announced to the applicant.
75 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter V. Disciplinary Proceedings › § 4442. Hearing procedures.

§ 4442. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 4441 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of the day that notice of the decision is mailed, in accordance with the Administrative Procedures Act, § 10142 of Title 29.
75 Del. Laws, c. 213, §  1;  79 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter V. Disciplinary Proceedings › § 4443. Disciplinary sanctions.

§ 4443. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 4441 of this title applies to a practitioner:
(1) Issue a letter of reprimand;
(2) Place the practitioner on probationary status and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis for the probation; and/or
b. Limit all practice and professional activities to those areas prescribed by the Board.
(3) Impose a monetary penalty as set forth in § 4445(c) of this title;
(4) Suspend any practitioner's license or certificate.
(5) Revoke or permanently revoke any practitioner's license or certificate.
(b) The Board may withdraw or reduce conditions of probation when it finds that deficiencies requiring such action have been remedied.
(c) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license or certificate.
79 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter V. Disciplinary Proceedings › § 4444. Temporary suspension pending hearing.

§ 4444. Temporary suspension pending hearing.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
79 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 44. MANUFACTURED HOME INSTALLATION › Subchapter V. Disciplinary Proceedings › § 4445. Penalties.

§ 4445. Penalties.
(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of manufactured home installation or manufactured home installation inspection regulated by this chapter without having lawfully obtained a license or certificate or that a person previously licensed or certified under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person's license or certificate has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.
(b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1,000. Each day a violation continues may be deemed a separate offense in the Board's discretion.
(c) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Title 11.
(d) In addition to the sanctions set forth in subsections (a) and (b) of this section, a person, not currently licensed as a manufactured home installer or certified as a manufactured home installation inspector under this chapter, when guilty of performing manufactured home installation or manufactured home installation inspection, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey, the impression that the person is qualified to perform manufactured home installation or manufactured home installation inspection, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
79 Del. Laws, c. 171, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5100. Objectives.

§ 5100. Objectives.
The primary objective of the Board of Cosmetology and Barbering, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by these subchapters) from unsafe practices, and from occupational practices which tend to reduce competition or artificially fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competency; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners.
63 Del. Laws, c. 146, §  3;  64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5102. Authority to regulate.

§ 5102. Authority to regulate.
The Board of Cosmetology and Barbering shall regulate persons performing any of the functions outlined in the duties of a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5105. Officers; meetings; quorum.

§ 5105. Officers; meetings; quorum.
(a) In the same month of each year the members shall elect, from among their number, a president, a vice-president and a secretary for 1 year. Each officer shall serve for 1 year, and may successively serve in the same office for 1 additional term. In the event that the president shall leave the Board, the vice-president shall become president and an election shall be held within 90 days of the president's departure.
(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year, and at such other times as the president deems necessary or at the request of a majority of board members.
(c) A majority of members shall constitute a quorum for the purpose of transacting business. No action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of at least 7 members.
(d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded by a court reporter and any stenographic transcript requested shall be at the expense of the party making the request.
63 Del. Laws, c. 146, §  3;  64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  68 Del. Laws, c. 409, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5108. Examinations.

§ 5108. Examinations.
(a) There shall be separate written and practical examinations for licensure for barbering, cosmetology, nail technology, electrology and aesthetics which shall be professionally developed and used on a national basis. Each of these examinations shall be offered at least semi-annually. If the required written or practical examination cannot be procured from a professional testing service, the Board may develop the written or practical examination subject to the approval of the Division of Professional Regulation.
(b) No Board member or designee of the Board may administer a practical examination to any student from an educational institution or commercial establishment where the Board member or designee of the Board is employed or has a fiduciary interest therein.
(c) Examination services shall be contracted and approved by the Division of Professional Regulation. Grading will be performed by the contracted testing service where professionally developed examinations are used. All scoring for practical examinations shall be approved by the Division of Professional Regulation.
(d) The Board, in its rules and regulations, shall determine the number of times that an applicant may retake the examination.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 430, §  2;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5109. Reciprocity.

§ 5109. Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 1 continuous year out of the last 5 years immediately preceding application in this State. The 1 continuous year must be work experience obtained while the individual was holding a license in the same field for which the individual is seeking a license. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5107(a)(4), (5), (6), (7) and (8) of this title.
(b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §  14;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;  80 Del. Laws, c. 135, §  1;  82 Del. Laws, c. 77, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5110. Fees.

§ 5110. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  15;  77 Del. Laws, c. 65, §  1;