CHAPTER 167

FORMERLY

HOUSE BILL NO. 177

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND CHAPTER 28, TITLE 24, OF THE DELAWARE CODE RELATING TO THE APPLICABILITY OF THE FREEDOM OF INFORMATION ACT TO THE COUNCIL OF THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend Chapter 28, Title 24 of the Delaware Code by adding a new §2828 thereto as follows:

"§2828. Applicability of the Freedom of Information Act

(a) The Association and the Council shall each be deemed a 'public body' as that term is used in the Freedom of Information Act, Chapter 100, Title 29 of the Delaware Code, and that for the purpose of this Section all references to the Council shall be deemed to refer to the Association and vice versa.

(b) In addition to the records which are not deemed public by reason of §10002 (d) of the Freedom of Information Act, the following records shall not be deemed to be public records:

The application, and all documents, files and records pertaining thereto, of any person to practice engineering in the State of Delaware, except the name and address of the applicant, the date of the application, the action of the Council on the application and the status of the person's authorization to practice engineering in the State of Delaware.

Records and information, including written communications received by the Council, relating to charges against any person which could result in disciplinary action by the Council. However any such records and information which may be disclosed in any public hearing conducted by the Council with respect to the charges and any findings or orders of the Council arising out of the charges which are adverse to the person against whom the charges are made shall be deemed to be public records.

(c) In addition to the purpose for which a public body may go into executive session pursuant to the Freedom of Information Act, the Council may conduct an executive session for the following purposes:

(I) Consideration of the application of any person for authorization to practice engineering in the State which consideration involves matters of qualification, recommendations, education, experience or testing of the applicant.

(2) Consideration of any charges which could result in disciplinary action by the Council.

(d) For purposes of this Section, the term "application" shall mean any application or filing with the Council for the purpose of obtaining registration, a certificate of authorization, a temporary permit, or certification as an engineer-in-training."

Approved July 12,1979.