CHAPTER 309

FORMERLY

SENATE BILL NO. 242

AN ACT TO AMEND CHAPTER 2, TITLE 29 OF THE DELAWARE CODE RELATING TO LANDSCAPE ARCHITECTS.

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

Section 1. Amend §203, Chapter 2, Title 24 of the Delaware Code by striking the figure 15605" as the same appears in subsection (g), and substituting "Chapter 58" in lieu thereof.

Section 2. Amend §205, Chapter 2, Title 24 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

Ins. Powers and Duties

(a) The Board shall have authority to:

(1) formulate rules and regulations relating to official seals and other matters, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this Chapter;

(2) designate the application form to be used by all applicants for licensure, subject to the approval of the Director of the Division of Professional Regulation, and to process all applications;

(3) grant licenses to all persons who meet the qualifications for licensure;

(4) refer complaints received from practitioners and from the public, concerning practitioners or practices of the profession, to the Division of Professional Regulation for investigation pursuant to §8810 of Title 29;

(5) if an investigation under §8810 of Title 29 indicates that a disciplinary hearing is appropriate, to conduct such hearing in accordance with this Chapter; with the provisions of §8810(h) of Title 29; and with the applicable provisions of the Administrative Procedures Act;

(6) where it has been determined after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate penalties or sanctions after time for appeal has lapsed;

(1) bring proceedings in the courts for the enforcement of this Chapter;

(1) maintain complete records relating to meetings, applications, examinations, rosters, changes in the Board's rules and regulations, complaints, hearings and other matters within the Board's jurisdiction, except for those matters or subjects where the records are maintained by the Division of Professional Regulation;

(2) formulate rules and regulations relating to continuing education requirements for practitioners;

(7) require, by subpoena, the attendance and testimony of witnesses and the production of papers, records and other documentary evidence.

(b) The authority, powers and duties of the Board set forth in this section shall not be construed to include the computation or collection of fees and charges; formulation or administration of examinations; reimbursement of expenses; rules and regulations concerning public meetings; investigation of complaints; or any other powers or duties reserved to the Division of Professional Regulation in accordance with §8810, Chapter 88, Title 29 of the Delaware Code."

Approved March 22, 1996