Title 24, Professions and Occupations

§ 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 re…

§ 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 occu…

§ 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…

§ 4431. Licensure requirements; reciprocal licensure. (a) To obtain a manufactured home installer license, a person must: (1) Apply to the Board for the license, in a manner designated by the Board; (2) Pay an application fee established by the Division to offset the administrati…

§ 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 Boa…

§ 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 …

§ 4441. Grounds for discipline. (a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 4443 of this title, if, after a hearing, the Board finds that the practitioner: (1) Has employed or knowingly cooperated in fraud or…

§ 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…

§ 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 …

§ 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 …

§ 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 lawf…

§§ 5001-5016. Objectives; regulation of practitioners; transfer of rights, powers and duties of Board of Services; license required; exceptions; composition of Board; qualifications; term; vacancies; removal of members; members as officers of professional associations; employees;…

§ 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 u…

§ 5101. Definitions. As used in this chapter: (1) “Aesthetician” is an individual who practices any of the following: a. Cleansing, stimulating, manipulating and beautifying skin by hand or mechanical or electric apparatus or appliance. b. Application of lash extensions, addition…

§ 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…

§ 5103. License requirement; applicability of chapter; exemptions. (a) No person shall engage in the practice of cosmetology, barbering, electrology, or nail technology, or act as an instructor in said professions, or hold himself or herself out to the public as being qualified t…

§ 5104. Board of Cosmetology and Barbering; appointment; composition; qualifications; term of office; suspension or removal; compensation; continuation of former Board. (a) The Board of Cosmetology and Barbering shall consist of 13 members appointed by the Governor and shall be c…

§ 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 t…

§ 5106. Powers and duties. (a) The Board of Cosmetology and Barbering shall have the power to: (1) Formulate rules and regulations, with appropriate notice given. All rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Proc…

§ 5107. Qualifications of applicant; judicial review; report to Attorney General. (a) All persons applying for a license to practice under this chapter: (1) Shall have successfully completed an education equivalent to a tenth grade education. Instructors shall have successfully c…

§ 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 off…

§ 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, th…

§ 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 service…

§ 5111. Issuance of license; renewal; reinstatement; lapsed license. (a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving su…

§ 5112. Complaints. (a) 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. Investigators of the Division may ente…

§ 5113. Grounds for discipline; procedure. (a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 5114 of this title if, after a hearing, the Board finds that the practitioner has: (1) Employed or knowingly cooperated in fraud…

§ 5114. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 5113 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of rep…

§ 5115. 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, safety or welfare, the Board may temporarily suspend the person’s license, pending a…

§ 5116. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging a violation of § 5113 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 sh…

§ 5117. Practicing without a license; penalties. (a) 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, i…

§ 5118. Licensure of cosmetology shops. (a) All cosmetology shops must be licensed pursuant to this chapter. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation.…

§ 5119. Licensing and requirements of a school. (a) Each school of barbering, cosmetology, electrology or nail technology shall be licensed pursuant to this chapter and shall comply with the requirements of the Delaware Department of Education. Each school shall employ at least 1…

§ 5120. Display of license [Repealed].73 Del. Laws, c. 158, § 33; 77 Del. Laws, c. 65, § 1; repealed by 82 Del. Laws, c. 8, § 19, effective Apr. 9, 2019.;

§ 5121. Requirements for apprenticeships. (a) An individual who chooses to seek eligibility for the cosmetologist, barbering, electrology or nail technician examination by apprenticeship shall apply to the Board for an apprentice permit. (b) The owner of a shop that employs appre…

§ 5122. Inspections. (a) An agent of the Division may enter and inspect during business hours, without prior notice, any shop or school where cosmetology, barbering, electrology, nail technology or aesthetics services are offered, rendered or taught, or any other place where such…

§ 5123. Objectives. The primary purpose for the licensing of aestheticians is to guarantee to the public that each licensed practitioner has achieved a minimum level of competence as an aesthetician.69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1;

§ 5124. Definitions. For the purpose of this subchapter: (1) “Aesthetician” is person who practices any of the following: a. Cleansing, stimulating, manipulating and beautifying skin by hand or mechanical or electric apparatus or appliance. b. Application of lash extensions, addi…

§ 5125. License requirement; applicability of chapter. (a) No person shall engage in the practice of aesthetics, act as an instructor of aesthetics, or hold himself or herself out to the public as being qualified to practice aesthetics; or use in connection with the person’s name…

§ 5126. Exemptions. Nothing in this subchapter shall prohibit: (1) A licensed cosmetologist from performing services as an aesthetician; (2) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic or similar professions, including re…

§ 5127. Qualifications. (a) No person shall be licensed under this subchapter unless the person has done all of the following: (1) Successfully completed an education equivalent to a tenth grade education. Proof of the required education shall be a certified high school transcrip…

§ 5128. Examinations. (a) Examinations for licensure as an aesthetician shall be professionally developed and used on a national basis. (b) Examination services shall be contracted and approved by the Division of Professional Regulation. (c) The Division of Professional Regulatio…

§ 5129. Display of certificate [Repealed].67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1; repealed by 82 Del. Laws, c. 8, § 19, effective Apr. 9, 2019.;

§ 5130. Fees. The amount to be charged for each fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this subchapter. There shall be a separate fee c…

§ 5131. 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, th…

§ 5132. Operation of aesthetics schools. (a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school sh…

§ 5133. Equipment. Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body.67 Del. Laws, c. 299, § 1; 69 Del. Laws, c. 178, § 1; 73 Del. Laws, c. 158, § 32; 77 Del. Laws, c. 65, § 1; 79 Del. Laws, c. …