Title 24, Professions and Occupations

§ 5315. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that any of the conditions or violations set forth in § 5313 of this title applies to a practitioner regulated by this chapter. (1) Issue a letter of r…

§ 5316. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5313 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing cond…

§ 5317. Penalties. (a) A person is guilty of a misdemeanor when the person does any of the following: (1) Engages in the practice of massage or bodywork therapy or practices as a massage technician when not currently licensed as a massage or bodywork therapist or certified as a m…

§ 5318. Practice of massage and bodywork on minors. (a) A parent or legal guardian shall be present when a person licensed or certified to practice massage and bodywork under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and …

§ 5319. Qualifications of applicants for massage establishments. (a) All massage establishments must be licensed pursuant to this chapter. Applications for licensure shall be submitted together with the required fees set by the Division of Professional Regulation. (b) An applicat…

§ 5320. Unlicensed practice violations; penalties. (a) A placard, as provided by the Attorney General, must be prominently displayed at any entrance of an establishment that has not obtained a valid license or has a license that is suspended, revoked, or expired. The placard may …

§ 5321. Inspections. (a) An agent of the Division may enter and inspect during business hours, without prior notice, any massage establishment. (b) An agent of the Division acting pursuant to subsection (a) of this section: may inspect and copy records of the establishment; may i…

§ 5401. Short title. This chapter may be cited as the “Delaware Revised Uniform Athlete Agents Act.”73 Del. Laws, c. 144, § 1; 83 Del. Laws, c. 528, § 1;

§ 5402. Definitions. For purposes of this chapter: (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete any of the following: a. A professional-sports-services contract. b. An endorsement contract…

§ 5403. Secretary’s authority; procedure. (a) The Administrative Procedures Act, Chapter 101 of Title 29, applies to this chapter. The Secretary may adopt rules and regulations under the Administrative Procedures Act to implement this chapter. (b) By acting as an athlete agent in…

§ 5404. Athlete agent; registration required; void contract. (a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this State without holding a record of registration under this chapter. (b) Before being granted a rec…

§ 5405. Registration as athlete agent; application; requirements; reciprocal registration. (a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary in a form prescribed by the Secretary. The applicant must be an individua…

§ 5406. Record of registration; issuance or denial; renewal. (a) Except as otherwise provided in subsection (b) of this section, the Secretary shall grant a record of registration to an applicant for registration who complies with § 5405(a) of this title. (b) The Secretary may re…

§ 5407. Suspension, revocation, or refusal to renew registration. (a) The Secretary may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 5406(a) of this title for conduct that would have justified refusal to grant a record of registrat…

§ 5408. Registration and renewal fees. An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in an amount set by the Secretary that approximates and reasonably reflects all costs necessary to defray the Secretary’s expenses re…

§ 5409. Required form of agency contract. (a) An agency contract must be in a record signed by the parties. (b) An agency contract must contain all of the following: (1) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other sta…

§ 5410. Notice to educational institution. (a) For purposes of this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not later t…

§ 5411. Student athlete’s right to cancel. (a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signe…

§ 5412. Required records. (a) An athlete agent shall create and retain for 5 years records of all of the following: (1) The name and address of each student athlete represented by the agent. (2) Each agency contract entered into by the agent. (3) The direct costs incurred by the …

§ 5413. Prohibited conduct. An athlete agent may not intentionally do any of the following: (1) Give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representatio…

§ 5414. Criminal penalty. (a) An athlete agent who violates § 5413 of this title is guilty of a class A misdemeanor. A first conviction of a violation of § 5413 of this title is punishable by a fine of not less than $500 nor more than $1,000 and imprisonment for not more than 1 y…

§ 5415. Civil remedy. (a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or stud…

§ 5416. Civil penalty. The Secretary may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.73 Del. Laws, c. 144, § 1; 83 Del. Laws, c. 528, § 1;

§ 5417. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws similar to this chapter.73 Del. Laws, c. 144, § 1;…

§ 5418. Relation to the Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, …

§ 5501. Purpose. The Delaware General Assembly declares that it is in the best interest of the citizens of Delaware to require licensure of bail enforcement agents and their agents and employees to prevent unqualified individuals from endangering the public. Therefore, the purpos…

§ 5502. Definitions. (a) “Bail bondsmen” shall mean the person or persons licensed by the Department of Insurance as a bail bonding agent. (b) “Bail bondsmen association” shall mean any organization or entity that represents the bail bondsmen in the State. (c) “Bail enforcement a…

§ 5503. Board of Examiners of Bail Enforcement Agents. (a) Creation of the Board. — The Delaware Board of Examiners of Bail Enforcement Agents is created for the protection of the general public and to carry out the functions and duties conferred on it by this chapter. (b) All le…

§ 5504. Board membership and authority. (a) The Board shall be composed of 9 members who shall be citizens of the State and shall be appointed by the Secretary of Safety and Homeland Security: (1) The Superintendent of the Division of State Police or a designated representative, …

§ 5505. Emergency suspension. (a) The Director shall be granted the power to impose an emergency suspension on any person licensed under this chapter if, in the opinion of the Director, that failure to take such action could jeopardize the public’s safety and welfare. (b) Any per…

§ 5506. Prohibited conduct. No person, other than a “law-enforcement officer” as defined by § 222 of Title 11 or an employee of any state court acting at the direction of any judge, commissioner or master of any state court, shall apprehend or detain a suspected fugitive on behal…

§ 5507. Licensing. (a) The promulgated rules and regulations shall implement the provisions of this chapter regarding the licensure and registration of bail enforcement agents, which may include the term of a license or registration and the qualifications of a licensee, and may c…

§ 5508. Change of address. Notification shall be made to the Professional Licensing Section within 14 days after the change of any contact information, including but not limited to, address, phone number (home and cell), and E-mail address of any individual licensed under this ch…

§ 5509. Identification card, license, and badge. (a) Anyone required to be licensed under this chapter shall be issued, by the Professional Licensing Section, an identification card, license, and badge which shall expire and be renewable on the fourth anniversary date of the birt…

§ 5510. Possession of identification card and badge. Any person who has been issued an identification card and badge by the Professional Licensing Section shall be required to have such card and badge in their possession while in the performance of the person’s duties.77 Del. Law…

§ 5511. Notification of arrest. Anyone licensed under this chapter shall, excluding weekends and state holidays, notify the Director within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation o…

§ 5512. Surrender of expired, revoked or suspended identification cards, licenses and badges; penalty. Any person to whom an identification card, license and badge may be issued in accordance with this chapter shall surrender such items and all duplicate copies thereof, which hav…

§ 5513. Jurisdiction. The Superior Court shall have jurisdiction over violations under this chapter.77 Del. Laws, c. 457, § 4;

§ 5514. Violation of chapter as ground for revocation of identification card, license and badge. A violation of this chapter shall be cause for revocation of any identification card, license and badge issued thereunder, notwithstanding that the same violation may constitute a mis…

§ 5515. Penalties. (a) The Board shall have the power to impose a civil penalty upon any person required to be licensed under this chapter up to $200, per day, for operating without a valid license. (b) Anyone performing the duties of a BEA pursuant to § 5502 of this title, who i…

§ 5601. Objectives. The primary objective of this chapter is to regulate the commission of constables employed with various public and private entities within the State and to ensure that proficiency standards for commissioned constables are maintained. In meeting its objectives,…

§ 5602. Definitions. As used in this chapter: (1) “Board” means the Constable Board of Examiners. (2) “Commission” means authority issued from the Board empowering a person or persons named in an application to exercise jurisdiction, perform the duties, and exercise the office of…

§ 5603. Constable Board of Examiners. (a) There is created a Constable Board of Examiners which shall administer and enforce this chapter. (b) The Board consists of 7 members: (1) The Superintendent of the Delaware State Police or the Superintendent’s designee. (2) The Director o…

§ 5604. Duties and responsibilities of the Board. The Board has the authority to: (1) Promulgate, adopt and, from time to time, revise such rules, regulations, and standards not inconsistent with the law as may be necessary to enforce the provisions of this chapter. (2) Review ap…

§ 5605. Duties of the Professional Licensing Section. (a) The Professional Licensing Section shall do the following: (1) Keep a register of all constable commission applications, including approvals and denials thereof, and of all renewal applications. (2) Be responsible for reco…

§ 5606. Commissions. (a) All applicants must provide the Board with proof of employment with an employer and the required documentation, from the employer, as required under § 5607 of this title, prior to being commissioned or recommissioned as a constable. (1) All commissioned c…