CHAPTER 476

FORMERLY

HOUSE BILL NO. 594

AN ACT TO AMEND TITLES 24 AND 29 OF THE DELAWARE CODE RELATING TO THE BOARD OF ELECTRICAL EXAMINERS.

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

Section 1. Amend Title 24, Chapter 14 of the Delaware Code by adding thereto a new section as follows:

"§1400. Objectives of Board.

The primary objective of the Board of Electrical Examiners, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recelpients of services regulated by this Chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. in meeting its objectives, the Board shall develop standards assuring professional competence: shall monitor complaints brought against practitioners regulated by the Board, shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners."

Section 2. Amend Title 24, Chapter 14, §1428 of the Delaware Code by striking the title of said section and substituting in lieu thereof the following:

"§1428. Disciplinary Sanctions; Revocation of Certificate."

Section 3. FURTHER AMEND Title 24, Chapter 14, §1428 by Inserting the following after the section title and preceding the existing language.

(a) The Board may impose any of the following sanctions, singly or in combination, where it finds that one of the conditions or violations set forth in this chapter applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a practitioner;

(3) Place a practitioner on probationary status, and require the practitioner to:

Report regularly to the Board upon the matters which are the basis of the probation;

Limit all practice and professional activities to those areas prescribed by the Board; and/or

Continue or renew his professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(4) Suspend any practitioners license; or

(5) Revoke a practitioner's license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a practitioners license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed.

Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter."

Section 4. Amend Title 24, Chapter 14, §1429(a) of the Delaware Code by placing a comma "," after the word "eligible" and inserting the following:

"12 months after the date of revocation."

Section 5. Amend Title 24, Chapter 14, §1432(a) (3) by striking the semi-colon (;) which appears after the last word of paragraph 3 and substitute in lieu thereof the following:

"Permits for persons permitted to do work pursuant to this paragraph shall be available at the Board office or the Division of Business and Occupational Regulation office in Dover;"

Section 6. Amend Title 24, Chapter 14, of the Delaware Code by adding thereto a new section, as follows:

"§1441. Complaints.

Any practitioner or member of the public who has a question or a complaint concerning any aspect of the practice regulated by this chapter may, during the regular business hours of a business day, contact the Board or the Division of Business and Occupational Regulation; or voice such question or complaint at a business meeting of the Board.

The Board shall investigate any complaint, including oral and anonymous complaints; and shall follow through on those informal complaints which, upon investigation, appear to be valid and well-founded. In cases where the complainant is known to the Board, the Board shall, within one week after receipt of the complaint, notify the complainant as to what action (if any) the Board intends to take in the matter. A complete record shall be kept of each complaint. formal or informal; provided, however, that the complaint records may be purged after 5 years.

Section 7. Amend Title 24. Chapter 14, §1427(b) by inserting the following immediately after the word "by" as it appears in the first line of paragraph (b):

"submission of evidence of continuing education satisfactory to the Board and"

Section 8. Amend Title 24, Chapter 14, §1431 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§1431. Appeals.

Where the practitioner Is in disagreement with the action of the Board, he may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him. Upon such appeal the Court shall hear the evidence de novo. and the filing of an appel shall act as a stay of the Board's decision. pending final determination of the practitioner's appeal.

Where this section is in conflict with Title 29, Chapter 101, this section shall control.

Section 9. Amend Title 29, Chapter 101. §10161 by adding the following:

"(20) Board of Electrical Examiners".

Approved September 29, 1984.