Title 24, Professions and Occupations

§ 2720. Public works. Neither this State, nor any of its political subdivisions, such as counties, incorporated cities and towns, or other political entities or legally constituted boards, commissions, or authorities, or officials, or employees thereof, shall permit the commencem…

§ 2721. Counseling; letter of concern. (a) The Board may determine after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of t…

§ 2722. Certificate of authorization. (a) A professional land surveying corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, land surveying as defined in this chapter. (b) The practice of or offer to practice land surveyi…

§ 2723. Entry upon adjacent land. After making a good faith effort to notify adjacent landowner(s), a professional land surveyor and persons working under the surveyor’s direct supervision shall not be liable for civil or criminal trespass for knowingly entering upon adjacent lan…

§ 2801. Short title. This chapter shall be known and may be cited as the “Delaware Professional Engineers Act.”24 Del. C. 1953, § 2802; 58 Del. Laws, c. 501, § 1; 74 Del. Laws, c. 267, § 1;

§ 2802. Declaration of purpose; unlawful practice. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any per…

§ 2802A. Exemption for expert testimony. Nothing in § 2802 of this title shall be construed as prohibiting an otherwise qualified engineer, duly licensed under the laws of a state other than Delaware, from offering expert testimony in any action or proceeding in the courts of thi…

§ 2803. 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) “Active roster” shall mean the record of members, associate members, and holders o…

§ 2804. Delaware Association of Professional Engineers; objectives. There is hereby established the Delaware Association of Professional Engineers, an instrumentality of the State. The objectives of the Association and of this chapter are to regulate the practice of engineering, …

§ 2805. Ownership and use of property. The Association may purchase, acquire, or receive by gift or bequest for the purposes of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease…

§ 2806. Membership. (a) All persons licensed as professional engineers on July 7, 1972, or hereafter licensed as professional engineers and who are residents of or are employed in or have a place of business within the State, and who subscribe to the code of ethics in accordance …

§ 2807. Council of the Delaware Association of Professional Engineers. (a) There shall be a Council which will be the governing board of the Association. The Council shall consist of 15 voting members, 12 of whom shall be elected, and 3 of whom shall be appointed by the Governor.…

§ 2808. Council election and appointment procedure. (a) The schedule for the election of the 12 elected members shall be as follows: (1) Three members representing the constituencies of: Civil engineering, industry and New Castle County shall be elected in 1978 and every 4 years …

§ 2809. Annual election of officers. The President, Vice-President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice-President may serve more than 2 consecutive 1-year terms in off…

§ 2810. Powers of the Council. (a) The Council, under the head of the Council President or the President’s designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the invest…

§ 2811. Council vacancies. (a) Where any member of Council is absent from 3 consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council. (b) When any member of Council resigns, dies, moves th…

§ 2812. Administration. The Council may appoint or employ such administrative officials as it deems fit.24 Del. C. 1953, § 2812; 58 Del. Laws, c. 501, § 1; 74 Del. Laws, c. 267, § 1;

§ 2813. Immunity of Council and committees. (a) The Council and the members of any committees appointed by the Council are immune from any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determina…

§ 2814. Bylaws of the Association. The Council shall prepare for approval by the membership the following bylaws related to the administrative and domestic duties of the Association: (1) Prescribing procedures for the nomination of members of Council by a nominating committee and…

§ 2815. Bylaw approval by members. A bylaw is effective when approved by the members. Proposed bylaws or changes shall be submitted to the members for approval by means of a letter ballot returned by not less than 20 percent of the members within 30 days after the mailing thereof…

§ 2816. Code of ethics. (a) The Council shall prepare and publish a code of ethics designed for the protection of the public. (b) All applicants, members, associate members, affiliate members, adjunct members, and holders of a certificate of authorization must subscribe to and fo…

§ 2817. Requirements for licensure. The following requirements for the 3 essential components of education, experience, and examination shall be considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer: (1) Graduates …

§ 2818. Experience and educational equivalence. (a) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the experience of a full-time faculty member teaching advanced engineering subjects in an ABET-accredited, or CEAB-accredite…

§ 2819. Requirements for certification as an engineer intern. The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an engineer intern: (1) Graduation with a baccalaureate degree from an engineering educational pro…

§ 2820. Qualifications for a temporary permit [Repealed].24 Del. C. 1953, § 2820; 58 Del. Laws, c. 501, § 1; 61 Del. Laws, c. 124, § 3; 61 Del. Laws, c. 467, §§ 9, 10; 67 Del. Laws, c. 6, § 7; 74 Del. Laws, c. 267, § 1; 81 Del. Laws, c. 193, § 3; repealed by 83 Del. Laws, c. 190,…

§ 2821. Certificate of authorization. (a) An engineering corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, engineering as defined in this chapter. (b) The practice of or offer to practice engineering for the public by …

§ 2822. Public works. (a) The State, its political subdivisions, agencies, commissions, and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this chapter, unless: (1) The eng…

§ 2823. Grounds for discipline; appeals. (a) Applicants, adjunct and affiliate members, and any person licensed under this chapter shall be subject to disciplinary penalties set forth in § 2824(c) of this title, if, after a hearing, the person is found to violate any of the follo…

§ 2824. Disciplinary action; procedure. (a) Whether prompted by receipt of an accusation of wrongdoing by a third party or upon its own initiative, the Council may review the actions and representations of applicants, adjunct and affiliate members, and any person licensed as a pr…

§ 2825. Unlicensed practice. (a) Persons or engineering corporations or partnerships not licensed, not authorized by Council, or not holding a certificate of authorization may not: (1) Practice engineering as defined in this chapter. (2) Use any name, title, description of design…

§ 2826. Injunctive relief. Whenever it appears to the Council that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, it may in its discretion bring an action in the Court of Chancery to temporarily rest…

§ 2827. Annual reports. The Association shall submit annually to the Governor and the State Auditor an annual report, certified by a certified public accountant, detailing its income, expenses, assets and liabilities, as well as pertinent statistical and narrative information sum…

§ 2828. Applicability of Freedom of Information Act. (a) The Association, the Council, and its committees shall each be deemed a “public body” as that term is used in the Freedom of Information Act, Chapter 100 of Title 29, and for purposes of this section only, all references to…

§ 2829. Seals, stamps, and signature. (a) Each licensee shall obtain a seal of the design authorized by the Council, bearing the licensee’s name, license number and the legend “professional engineer.” The seal format may be embossing, rubber stamp or digital. All new licensees mu…

§ 2830. Dating, signing and sealing. (a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the licensee or licensees who prepar…

§ 2831. Continuing professional competency. The Council shall prepare and publish guidelines and requirements for the maintenance of professional competency to further Council’s charge to safeguard life, health and property, and to promote the public welfare. All active members s…

§ 2832. Procedures for successor professional engineer using or relying upon the work of previous engineer. (a) In situations where the professional engineer in responsible charge of an engineering project is unable to complete the project for any reason, or when the project is a…

§ 2900. Objectives. (a) The primary objective of the Delaware Real Estate Commission, 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 u…

§ 2901. License requirements; exemptions. (a) No person shall engage in the practice of providing real estate services or hold himself or herself out to the public in this State as being qualified to practice the same; or use in connection with that person’s name, or otherwise as…

§ 2902. Definitions [Effective until Feb. 26, 2027]. (a) As used in this chapter: (1) “Associate broker” means any individual who holds an associate broker license from the Commission and who is licensed under a broker to sell or offer to sell, or to buy or to offer to buy, or to…

§ 2903. Real Estate Commission; appointments; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created the Delaware Real Estate Commission, which shall administer and enforce this chapter. (b) The Commission shall c…

§ 2904. Organization; meetings; officers; quorum. (a) In the same month of each year, the members shall elect from among their number a Chairperson, Vice-Chairperson and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself in the same office. (…

§ 2905. Records. The Division shall keep a register of all approved applications for licensure and complete records relating to meetings of the Commission, examinations, rosters, changes and additions to the Commission’s rules and regulations, complaints, hearings and such other …

§ 2906. Powers and duties [For application of this section, see 85 Del. Laws, c. 277, § 5]. (a) The Commission shall have the authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance…

§ 2907. Qualifications of applicant; application; examination; report to Attorney General; judicial review. (a) All applicants shall meet the following conditions: (1) Shall be competent to transact real estate services by meeting the requirements of this section and the rules an…

§ 2908. 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 Commission, as well as the proportional expenses incurred by the Division in its services on behalf of the Com…