CHAPTER 436

FORMERLY

SENATE BILL NO. 403

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

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

Section 1. Amend §107, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(1) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §107(a)(1) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing accountancy in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 2. Amend §206, Title 24, by adding the following language at the end of paragraph (a)(3) after the semicolon:

“however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §206(a)(3) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing landscape architecture in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 3. Amend §307, Title 24, Delaware Code by adding the following language at the end of paragraph (c)(1) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §307(c)(1) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing architecture in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 4. Amend §508, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the period: “After a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §508(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing podiatry in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 5. Amend §707, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(5) after the period: “After a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §707(a)(5) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing chiropractic in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 6. Amend §707(a)(5), Title 24, Delaware Code by deleting the word “relate” after the word “substantially” and replacing it with the word “related.”

Section 7. Amend §710(d), Title 24, Delaware Code by striking the reference to “§707(a)(3), (4), (5), and (6)” and substituting in lieu thereof “§707(a)(3), (4), and (5).”

Section 8. Amend §1101(10), Title 24, Delaware Code by deleting the word “relate” after the word substantially and replacing it with the word “related.”

Section 9. Amend §1122, Title 24, Delaware Code by adding the following language at the end of paragraph (c)(4) after the period:

“After a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §1122(c)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing dentistry or dental hygiene in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 10. Amend §1124(a)(1), Title 24, Delaware Code by striking the reference to “§1122(c)(2)-(6)” and substituting in lieu thereof “§1122(c)(2)-(5).”

Section 11. Amend §1408, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(8) after the period: “After a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §1408(a)(8) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing electrical services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 12. Amend §1412(4), Title 24, Delaware Code by striking paragraph “(4)” and renumbering the remaining paragraphs accordingly.

Section 13. Amend §1720(e) by adding a new subsection (4) as follows:

“(4) For waiver of a crime substantially related to the practice of medicine, more than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.”

Section 14. Amend §1777(b), Title 24, by adding a new paragraph (4) to read as follows:

“(4) For waiver of a crime substantially related to the practice of respiratory care, more than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

Section 15. Amend Title 24, §1810 by adding the following language at the end of paragraph (a) (3) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §1810(a) (3) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing plumbing services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 16. Amend §1910(5), Title 24, Delaware Code by striking the words “, or if such act has been committed the Board has found after investigation that sufficient restitution has been made” adding a semicolon and replacing with the following:

“; however, after a hearing, the Board, by an affirmative vote of a majority of the quorum may waive §1922(a)(2) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing nursing in a competent and professional manner.

c. The granting of a waiver will not endanger the public health, safety or welfare.”

Section 17. Amend §1914(5), Title 24, Delaware Code by striking the words “, or if such act has been committed the Board has found after investigation that sufficient restitution has been made” adding a semicolon and replacing with the following:

“; however, after a hearing, the Board, by an affirmative vote of a majority of the quorum may waive §1922(a) (2), Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing nursing in a competent and professional manner.

c. The granting of a waiver will not endanger the public health, safety or welfare.

Section 18. Amend §2008, Title 24, Delaware Code by adding the following language at the end of paragraph (a) (6) after the period:

“However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2008(a) (6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing occupational therapy in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 19. Amend §2011(1), Title 24, Delaware Code by striking the reference to “§2008(a)(4)-(7)” and substituting in lieu thereof “§2008(a)(4)-(6)”.

Section 20. Amend §2104, Title 24, Delaware Code by designating the existing text as subsection (a) and by adding a new subsection (b) to read as follows: “The Board of Optometry shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of optometry.”

Section 21. Amend §2113(a)(8), Title 24, Delaware Code by adding the following language at the end of paragraph (a)(8) after the semicolon:

“however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2113(a)(8) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing optometry in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 22. Amend §2515(4), Title 24, Delaware Code by striking paragraph “(4)”.

Section 23. Amend §2516(a)(3), Title 24, Delaware Code by striking paragraph “(3)” and renumbering the remaining paragraphs accordingly.

Section 24. Amend §2518(a)(3), Title 24, Delaware Code by striking paragraph “(3)” and renumbering the remaining paragraphs accordingly.

Section 25. Amend §2518(a)(6), Title 24, Delaware Code by striking paragraph “(6)” and renumbering the remaining paragraphs accordingly.

Section 26. Amend §2518 of Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2518(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing pharmacy in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 27. Amend §2606, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2606(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing physical therapy and athletic training in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 28. Amend §2610(a)(2)(b), Title 24, Delaware Code by striking the reference to “§2606(a)(4) through (7)” and substituting in lieu thereof “§2606(a)(4)-(6)”.

Section 29. Amend §2708,Title 24, Delaware Code by adding the following language at the end of paragraph (a)(5) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2708(a)(5) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing professional land surveying in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 30. Amend §2709(a)(1), Title 24, Delaware Code by striking the reference to “§2708(a)(3), (4), (5),(6) and (7)” and substituting in lieu thereof “§2708(a)(3), (4), (5) and (6)”.

Section 31. Amend §2907, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §2907(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing as a real estate broker or salesperson in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 32. Amend §3032(a)(5), Title 24, Delaware Code by adding the following language at the end of paragraph (a)(5) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3032(a)(5) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed professional counselor of mental health or associate counselor of mental health in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 33. Amend §3044(a)(6), Title 24, Delaware Code by adding the following language at the end of paragraph (a)(5) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3044(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed chemical dependency services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 34. Amend §3052(a)(6), Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3052(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed marriage and family therapy services in a competent and professional manner.”

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 35. Amend §3107, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(7) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3107(a)(7) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing funeral services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 36. Amend §3109(a), Title 24, Delaware Code by striking the reference to “§3107(a)(5) through (8)” and substituting in lieu thereof “§3107(a)(5) through (7)”.

Section 37. Amend §3307, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3307(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing veterinary medicine in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 38. Amend §3309(a), Title 24, Delaware Code by striking the reference to “§3307(a)(3)-(8)” and substituting in lieu thereof “§3307(a)(3)-(7)”.

Section 39. Amend §3514, Title 24, Delaware Code by adding the following at the end of paragraph (a)(2) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3514(a)(2) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing psychology in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 40. Amend §3608, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3608(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing geology in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 41. Amend §3609(a)(1), Title 24, Delaware Code by striking the reference to “§3608(a)(4) through ( 7)” and substituting in lieu thereof “§3608(a)(4) through (6).”

Section 42. Amend §3708, Title 24, Delaware Code by adding the following language at the end of paragraph (b)(4) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3708(b)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing speech/language pathology, audiology or the dispensing of hearing aids in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 43. Amend §3715(a)(3), Title 24, Delaware Code by striking the words “for which the practitioner is licensed” and substituting in lieu thereof the words “of speech /language pathology, audiology and/or the dispensing of hearing aids.”

Section 44. Amend §3811(a)(6), Title 24, Delaware Code by deleting the language “within the last 5 years” in subsection (a)(6) and adding the following language after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive 24 §3811(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of performing dietetic and nutrition services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 45. Amend §3915, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §3915(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing clinical social work in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 46. Amend §4008, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the period: “However, after a hearing, the Council, by an affirmative vote of a majority of the quorum, may waive §4008(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing real estate appraisal in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 47. Amend §4009 (a)(4), Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the period: “However, after a hearing, the Council, by an affirmative vote of a majority of the quorum, may waive §4009(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing real estate appraisal trainee services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 48. Amend § 4431(a), Title 24, Delaware Code by adding new paragraphs (9) and (10) to read as follows:

“(9) Not been have been the recipient of any administrative penalties regarding the applicant's actions as a Licensed Manufactured Home Installer, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and and/or has not entered into any ‘consent agreement’ which contains conditions placed by a Board on the applicant's professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.

(10) Not have a criminal conviction nor pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed manufactured home installer. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to actions as a licensed chemical dependency professional. However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive § 4431(a) (10) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of performing manufactured home installation services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 49. Amend §5107, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(6) after the semicolon: “however, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §5107(a)(6) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing cosmetology, barbering, electrology or nail technology in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 50. Amend §5136(5), Title 24, Delaware Code by adding the following language at the end of paragraph (5) after the period: “However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §5136(5) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of performing as a certified aesthetician in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 51. Amend §5212, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(4) after the period:

“However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §5212(a)(4) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing nursing home administration in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 52. Amend §5313, Title 24, Delaware Code by adding the following language at the end of paragraph (a)(2) after the period:

“However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive §5313(a)(2) of Title 24, herein, if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing massage and bodyworks in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Section 53. Amend §5407, Title 24, Delaware Code by adding the following language at the end of paragraph (c)(1) after the semicolon:

“however, for waiver of a crime substantially related to the practice of an athletic agent, more than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term ‘sentence’ includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing athletic agent services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.”

Approved July 20,2006