CHAPTER 245

FORMERLY

HOUSE BILL NO. 36

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLES 24 AND 29 OF THE DELAWARE CODE RELATING TO CIVIL ADMINISTRATIVE PROCEDURES.

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

Section 1. Amend § 10161, Title 29 of the Delaware Code by adding new subsections (c), (d), (e) and (f) to read as follows:

"(c) Any professional licensing board governed by Title 24 of the Delaware Code and listed in subsection (a) of this Section, upon notice, hearing and review afforded by Subchapters III and V of this Chapter, may issue a cease and desist order to a person that the Board determines is engaged in the practice of the profession regulated by the Board without having lawfully obtained a license or that a person previously licensed by the Board is engaged in the regulated practice of the profession notwithstanding that the person’s license has lapsed, expired or has been suspended or revoked.

(d) The professional licensing boards named in subsection (c) of this section may establish fines for persons that violate cease and desist orders by statute or by regulation in accordance with Subchapters I and II of this Chapter. Subject to notice, hearing and review afforded by Subchapters III and V of this Chapter, such professional licensing boards may fine any person who violates a cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board's discretion.

(e) In addition to the remedies provided in subsections (c) and (d) of this Section, professional licensing boards named in subsection (c) may seek injunctive relief to prevent unauthorized practice of the profession.

(f) Nothing in this Section shall be construed to prevent prosecution under, or be otherwise inconsistent with, Titles 11 and 24 of the Delaware Code.".

Section 2. Amend § 8735, Title 29 of the Delaware Code by adding a new subsection (q) to read as follows:

"(q) The Division of Professional Regulation may investigate complaints of unauthorized practice of the professions governed by the boards, agencies and commissions named in subsection (a) of this Section. The same procedures enumerated in subsection (h) of this Section shall apply to these complaints of unlicensed professional practice.".

Section 3. Amend § 2823, Title 24 of the Delaware Code by adding new subsections (c) and (d) as follows and renumbering the existing subsections (c) through (f) as subsections (e) through (h):

"(c) The Council, after receipt of a complaint in accordance with § 2824(c) associated with the practice of engineering in Delaware, shall have the power to review the actions and representations of individuals, corporations or partnerships not authorized by this Chapter to engage in the practice of engineering in Delaware. Upon notice, hearing and review afforded by Subchapters III and V of the Administrative Procedures Act, Chapter 101, the Council may issue a cease and desist order to an individual, corporation or partnership found to be engaged in the unauthorized practice of engineering, notwithstanding that the individual's, corporation's or partnership's license has lapsed, expired or has been suspended or revoked.

(d) Subject to notice, hearing and review afforded by Subchapters III and V of the Administrative Procedures Act, Chapter 101, the Council may fine any person who violates a cease and desist order not more than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Council's discretion.".

Section 4. Amend § 1310 (a) of Title 24 of the Delaware Code by inserting after ‘suspension’ the following ‘or cease and desist order’.

Section 5. Further Amend § 1310 (a) of Title 24 of the Delaware Code by inserting after ‘chapter’ the following:

‘or should be licensed under this chapter’.”.

Approved June 19, 2008