SENATE BILL NO. 460
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND CHAPTER 3, TITLE 24, DELAWARE CODE, REGULATING THE PRACTICE OF ARCHITECTURE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 3, Title 24, Delaware Code by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 3 to read as follows:
"CHAPTER 3. PRACTICE OF ARCHITECTURE
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) 'Architect' means a person registered with the Board of Architects to practice architecture.
(b) 'Practicing Architect' means an architect whose principal occupation is actively furnishing architectural services.
(c) 'Certificate of Registration' means any document which indicates that a person is currently registered with the State Board of Architects.
(d) 'Instruments of Service' means any document or other method used by the architect to provide his services.
§302. Board of Architects
The Board of Architects, heretofore established and hereafter in this Chapter referred to as the 'Board', shall consist of seven (7) members, all residents of the State, who shall be appointed by the Governor. At least six (6) members of the Board shall be Architects who have been in active practice in this State for not less than three (3) years immediately prior to his or her appointment. One (1) member of the Board shall be a public member. The public member shall not be, nor ever have been, an architect, engineer, or a person financially involved in the practice of or business of architecture, engineering, or construction. All appointments to the Board shall be made for a period of five (5) years. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his successor has been duly appointed and qualified.
The Governor may remove at his pleasure any member of the Board. In the event of any vacancy occurring in the membership of the Board and in any manner other than by expiration of time, the Governor shall fill said vacancy by an appointment for the unexpired term.
§303. Oath of Office
The members of the Board shall, before entering upon the discharge of their duties, subscribe to and file with the Secretary of State the constitutional oath of office.
§304. Officers of the Board
The Board shall elect from its membership any officers it shall deem necessary.
§305. Rules, Regulations and Meetings
The Board shall adopt all necessary rules, regulations and by-laws, not inconsistent with this Chapter and the Constitution and laws of this State and of the United States, to:
(a) Govern its time and places of meeting for organization and reorganization; and
(a) hold examinations; and
(a) establish minimum qualifications for eligibility to take examinations for registration; and
(a) establish the length of the terms of its officers; and
(a) regulate all other matters requisite to the exercise of its powers, including requirements for continuing professional development of architects, the business and professional conduct of architects, and the performance of its duties and the transactions of its business under the provisions of this Chapter.
At least one (1) meeting shall be held each year for the purpose of administering examinations for registration.
Four (4) members of the Board shall constitute a quorum, but no action at any meeting can be taken without at least four (4) votes in accord.
§307. Record of Proceedings
The Secretary shall keep a true record of all proceedings of the Board.
§308. Disposition of Fees
An fees provided for by this Chapter and all fines and penalties derived from the operation of this Board shall be deposited daily to the credit of the State Treasurer as part of the General Fund of the State, in accordance with Chapter 61 of Title 29.
The necessary expenses of the Board shall be paid by the State Treasurer, within the limits of appropriations made to the Board by the General Assembly, upon warrants signed by the President and Secretary of the Board.
§310. Members to Serve Without Compensation
The members of the Board shall serve without compensation for their services.
§311. Roster of Registered Architects and Annual Report to the Governor
A roster showing the names and places of residence of all registered architects shall be prepared by the Secretary of the Board during the month of July of each year.
On or before the last day of August of each year the Board shall submit to the Governor a report of its transactions for the preceding year, together with a complete statement of the receipts and expenditures of the Board, certified by the President and the Secretary, and a copy of the roster of registered architects. A copy of this report shall be filed with the Secretary of State.
§312. Certificate of Registration a Prerequisite to Practicing Architecture
In order to safeguard the life, health and welfare of the public, no person, except as provided in this Chapter, shall practice architecture in this State or use the title Architect or Registered Architect in any way to indicate that such person is practicing architecture or is an architect unless such person shall have secured a certificate of registration in the manner provided in this Chapter. The right to engage in the practice of architecture shall be deemed a personal right, based on the qualifications of the individual as evidenced by his certificate of registration, which shall not be transferable.
§313. Persons Who May Practice Without Registration
Any person, who was practicing architecture in this State as an Architect and was maintaining his principal office in this State on April 20, 1933, may continue his practice and the use of the title 'Architect', and any such person after becoming duly registered in the manner provided by and pursuant to this Chapter may be styled or known as a Registered Architect.
§314. Certificate of Registration; Qualifications
The Board shall grant a Certificate of Registration to any person who:
(1) is of good moral character, and who has not:
(a) been convicted for commission of a felony;
(b) willfully misstated facts or misrepresented facts in connection with his/her application;
(c) willfully violated any of the rules of conduct required of registrants and set forth in the statutes or regulations;
(d) practiced architecture without being registered in violation of registration laws of the jurisdiction in which the practice took place; and
(2) is a graduate of a high school course or an equivalent course in any other school or institution of learning; and
(3) is twenty-one (21) years of age or upward; and
(4) except as otherwise provided in this Chapter, has successfully passed an examination approved by this Board.
(5) The Board may, in lieu of examination, accept satisfactory evidence of registration or certification as an architect in another state or country, where the requirements for the registration are equal, in the opinion of the Board, to the requirements in this State. In such case, the Board may require applicants to furnish satisfactory evidence of knowledge of professional practice.
(a) The fees to be paid to the Board:
(1) by an applicant for an examination to determine his fitness to receive a certificate of registration as an architect shall be Twenty-Five Dollars ($25). The applicant shall bear all other examination and registration costs;
(2) by an applicant for a certificate of registration as an architect, who is an architect registered under the laws of another state or territory of the United States, or of a foreign country or province, shall be Fifty Dollars ($50). The applicant shall bear all other examination and registration costs;
(3) by an applicant for the renewal of a certificate of registration shall be Twenty Dollars ($20);
(4) the penalty for late renewal shall be Thirty Dollars ($30). (b) Fees shall not be refunded for any cause.
§316. Records of the Board to be Retained and Open for Inspection; Recordation
(a) Filing, recording and renewal of all examination papers and other evidence of qualifications submitted by each applicant shall be filed with the Board.
(b) The Board shall keep a record open to the public inspection at all reasonable times, of its proceedings, relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration.
This record shall also contain the name, known place of business and residence, and the date and number of the certificate of registration of every Registered Architect entitled to practice his profession in this State.
(c) Every person granted such certificate of registration shall have the same recorded with the Secretary of State of this State.
(d) Examination records shall be made available only to the examinee and only in the presence of a Board representative.
(e) References and investigative materials shall be sealed and opened only on the authority of the majority of the Board or by Court order.
§317. Annual Renewal of Certificates
Every Registered Architect in this State who desires to continue the practice of his profession shall, annually, during the month of July, renew his certificate of registration, and pay to the Board the renewal fee required by 5315(03) of this Title.
A person who fails to renew his certificate of registration during the month of July in each year may not thereafter renew his certificate except upon payment of the fee required by this Chapter.
Every renewal certificate shall expire on the thirtieth (30th) day of June following its issuance.
§318. Revocation, Suspension and Discipline; Notice and Hearing
With at least ten (10) days' notice by registered or certified mail to an Architect, the Board may hold a hearing to revoke or suspend any certificate or impose discipline, including but not limited to a reprimand of an architect if proof satisfactory to the Board is presented in the following cases:
(1) if the certificate of registration was obtained through fraud or misrepresentation;
(2) if the holder of the certificate of registration has been found to have committed any fraud or deceit in his professional practice or has been convicted of a felony under 5861, 5876, 5878, §903, 5908, and §1223, Title 11 of the Delaware Code;
(3) if the holder of the certificate of registration has been grossly incompetent or reckless in the conduct of his practice; or
(4) if the holder of the certificate of registration has been in violation of any rules of conduct and regulations of this Board.
§319. Proceedings for Revocation; Suspension and Discipline
Proceedings for the revocation, suspension and discipline of an Architect may be begun by the Board upon receipt of a written, notarized statement against the person charged under 9318 of this Title. A time and place for the hearing of the charges shall be fixed by the Board. A record of the hearing shall be made and kept by the Board. The Board may subpoena and bring before it any person in this State or take testimony of any such person by deposition with the same fees and mileage in the same manner as prescribed by law in judicial procedure in courts of this State in civil cases.
§320. Violations and Penalties; Jurisdiction
(a) Whoever uses the title of Architect in any way or indicates or tends to imply in any way that he is an Architect without compliance with the provisions of this Chapter or makes any willfully false oath or affirmation in any manner or proceeding where an oath or affirmation is required by this Chapter shall be fined not less than Five Hundred Dollars ($500) or more than Ten Thousand Dollars ($10,000), or imprisoned not more than one year, or both.
(b) The Superior Court for the State of Delaware shall have exclusive original jurisdiction over offenses under this Chapter.
In an appeal purusant to Rule 72 of the Superior Court Rules within ten (10) days after the licensee has received notice that the Board has rendered a decision revoking or suspending a license, an aggrieved licensee may secure judicial review of such decision by commencing an action in Superior Court. No bond shall be required for the filing of such an appeal.
S322. Exclusions to this Chapter This Chapter shall not be construed to prevent or to affect:
(a) the work of an employee or subordinate of a registrant providing such work is done under the direct responsibility and supervision of a registrant; or
(b) the practice of architecture by a professional engineer legally registered in this State when such practice N incidental to what may be properly considered an engineering project."
Section 2. If any provision of this Act or the application thereof to any person or circumstance is held Invalid such Invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Approved July 8, 1980.