CHAPTER 380

FORMERLY

HOUSE BILL NO. 733

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS; AND SPECIFYING POLICY AS TO HOW FEES MAY BE COMPUTED.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of all members of each House thereof concurring therein):

Section 1. Amend Chapter 17, Title 24 of the Delaware Codc by adding thereto a new §1729 to read as follows:

"§1729. Fees

The amount to be charged for each fcc imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fcc shall not be combined with any other fcc or charge. At the beginning of each calendar year, the Division of Business and Occupational Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

Section 2. Amend §1906(21), Chapter 19, Title 24 of the Delaware Code, by striking the period (.) at the conclusion of said subsection and by substituting in lieu thereof the following:

"; provided, however, that 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 Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fcc charged for each service or activity, but no fcc shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fcc or charge. At the beginning of each calendar year, the Division of Business and Occupational Regulation, or any other state agency acting in its behalf. shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

Section 3. Amend §2617(a), Chapter 26, Title 24 of the Delaware Code, by striking said subsection in its entirety and by substituting in lieu thereof the following:

"(a) The amount to be charged for each fcc imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fcc charged for each service or activity, but no fcc shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fcc or charge. At the beginning of each calendar year. the Division of Business and Occupational Regulation, or any other state agency acting in its behalf. shall compute, for each service or activity, the appropriate Board fees for the coming year. All fees and revenues received by the Board shall be paid to the State Treasurer promptly after receipt and shall be credited to the General Fund of the State in accordance with Chapter 61 of Title 29."

Section 4. Amend §2908. Chapter 29, Title 24 of the Delaware Code, by striking said section in its entirety and by substituting In lieu thereof the following:

"§2908. Fees

The amount to be charged for each fcc Imposed under this chapter shall approximate and reasonably refect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation In its services on behalf of the Board. There shall be a separate fcc charged for each service or activity, but no fcc shall be charged for a purpose not specified in this chapter. The application fcc shall not be combined with any other fcc or charge. At the beginning of each calendar year, the Division of Business and Occupational Regulation, or any other state agency acting in Its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

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 Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Business and Occupational Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

Section 6. Amend §3711, Chapter 37, Title 24 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

"§3711. Fees and Revenues

(a) 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 Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Business and Occupational Regulation, or any other state agency acting in It behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

(b) All fees and revenues received by the Board shall be paid to the State Treasurer upon receipt and shall be credited to the General Fund of the State in accordance with Chapter 61 of Title 29 of the Delaware Code.

(c) The application fee shall not be refundable under any circumstances. If an applicant fails to appear for a scheduled examination, the fee may be refunded at the discretion of the Board."

Section 7. This Act shall take effect on January 1, 1987.

Approved June 30, 1986