§ 1401. | § 1402. | § 24.) | § 1403. | § 1404. | § 1; | § 1405. | § 1406.
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 the direct recipients 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
hearings; shall promulgate rules and regulations; and shall impose sanctions
where necessary against licensed practitioners.
(64 Del. Laws, c. 476, § 1; 72 Del. Laws, c. 210, § 1.)
The following words, terms and phrases, when used in this chapter shall have
the meanings ascribed to them under this section, except where the context
clearly indicates a different meaning:
(1) "Board" shall mean the State Board of Electrical Examiners established in
this chapter.
(2) "Cut-in-card" shall mean the approval certificate sent to the power
company by the inspection agency after an inspection has been completed, which
authorizes the power company to turn on the electricity at the property.
(3) "Dwelling" shall mean, for purposes of this chapter, any enclosure that
affords habitable living space for a human being(s).
(4) "Division" shall mean the State Division of Professional Regulation.
(5) "Electrical inspection agency" shall mean the agency responsible for the
oversight and the issuing of certificates of inspection for all electrical
work performed in this State.
(6) "Excessive use or abuse of drugs" shall mean any use of narcotics,
controlled substances or illegal drugs without a prescription from a licensed
physician, or the abuse of alcoholic beverage such that it impairs that
person's ability to perform the work of an electrician.
(7) "Full-time employee" shall mean an individual, who is added to the company
payroll and who has on file with the employer a W-4 form authorizing the
employer to withhold taxes and who receives a wage or salary and who is under
the supervision of a licensed electrician.
(8) "Homeowner" shall mean, for purposes of this chapter, an individual who
both owns and lives in that person's home or dwelling.
(9) "License" shall mean the certificate issued by the Board that is evidence
that the holder has met the requirements of this chapter.
(10) "Limited electrician" shall mean a person licensed by the Board to plan,
estimate, layout, perform or supervise the installation, erection or repair of
any electrical conductor, molding, duct, raceway, conduit, machinery,
apparatus, device or fixture, for the purpose of lighting, heating or power,
in any structure which contains 4 or fewer dwelling units, as determined by
the applicable building code.
(11) "Limited electrician special" shall mean a person licensed by the Board
to plan, estimate, layout, perform or supervise the installation, erection or
repair of any electrical conductor, molding, duct, raceway, conduit,
machinery, apparatus, device or fixture, for any of the following purposes:
elevators, swimming pools, air conditioning, heating and oil burners, in any
structure which contains 4 or fewer dwelling units, as determined by the
applicable building code.
(12) "Master electrician" shall mean a person, licensed by the Board, to plan,
estimate, layout, perform or supervise the installation, erection or repair
of any electrical conductor, molding, duct, raceway, conduit, machinery,
apparatus, device or fixture for the purpose of lighting, heating or power in
any structure.
(13) "Master electrician special" shall mean a person, licensed by the Board,
to plan, estimate, layout, perform or supervise the installation, erection or
repair of any electrical conductor, molding, duct, raceway, conduit,
machinery, apparatus, device or fixture for any 1 of the following purposes:
elevators, swimming pools, electric signs, air conditioning, heating,
refrigeration and oil burners, and overhead and underground primary
distribution systems.
(14) "Person" shall mean an individual, firm, partnership, corporation,
association, joint stock company, limited partnership, limited liability
company and any other legal entity and includes a legal successor of those
entities.
(15) "Service" shall mean, for purposes of this chapter, to repair or replace
in kind.
(16) "State" shall mean the State of Delaware.
(17) "Substantially related" means the nature of the criminal conduct, for
which the person was convicted, has a direct bearing on the fitness or ability
to perform 1 or more of the duties or responsibilities necessarily related to
the work of an electrician.
(18) "Supervision" shall mean that a licensed electrician shall be fully
responsible for all electrical work performed under that licensed
electrician's license.
(19) "Unlicensed practitioner" shall mean any person, who engages in the
occupational practices as defined in subsection (10), (11), (12), or (13) of
this section, and who has not been granted a license or a homeowner's permit
by the Board.
(24 Del. C. 1953, § 1401; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1; 74 Del. Laws, c. 262,
§ 1403. Board of Electrical Examiners; appointments; composition;
qualifications; term; vacancies; suspension or removal; unexcused absences;
compensation.
(a) There is created a State Board of Electrical Examiners, which shall
administer and enforce this chapter.
(b) The Board shall consist of 9 members, appointed by the Governor, who are
residents of this state: Five shall be electricians licensed under this
chapter, 1 of whom may be a registered professional engineer with at least 6
years' experience in electrical planning and design, and 4 public members. The
public members shall not be, nor ever have been, licensed electricians, nor
members of the immediate family of a licensed electrician; shall not have been
employed by an electrician or electrical contractor; shall not have a
material interest in the providing of goods and services to electricians; nor
have been engaged in an activity directly related to the electrical business.
The public members shall be accessible to inquiries, comments and suggestions
from the general public.
(c) Except as provided in subsection (d) of this section, each member shall
serve a term of 3 years, and may succeed himself or herself for 1 additional
term; provided, however, that where a member was initially appointed to fill a
vacancy, such member may succeed himself or herself for only 1 additional
full term. Any person appointed to fill a vacancy on the Board shall hold
office for the remainder of the unexpired term of the former member. Each term
of office shall expire on the date specified in the appointment; however, the
Board member shall remain eligible to participate in Board proceedings unless
and until replaced by the Governor.
(d) A person, who has never served on the Board, may be appointed to the Board
for 2 consecutive terms; but no such person shall thereafter be eligible for
2 consecutive appointments. No person, who has been twice appointed to the
Board or who has served on the Board for 6 years within any 9-year period,
shall again be appointed to the Board until an interim period of at least 1
term has expired since such person last served.
(e) Any act or vote by a person appointed in violation of this section shall
be invalid. An amendment or revision of this chapter is not sufficient cause
for any appointment or attempted appointment in violation of subsection (d) of
this section, unless such an amendment or revision amends this section to
permit such an appointment.
(f) A member of the Board shall be suspended or removed by the Governor for
misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of
duty. A member subject to disciplinary hearing shall be disqualified from
Board business until the charge is adjudicated or the matter is otherwise
concluded. A Board member may appeal any suspension or removal to the Superior
Court.
(g) No member of the Board, while serving on the Board, shall hold elective
office in any professional association of electricians; this includes a
prohibition against serving as head of the professional association's
Political Action Committee (PAC).
(h) The provisions set forth in Chapter 58 of Title 29 shall apply to all
members of the Board.
(i) Any member, who is absent without adequate reason for 3 consecutive
meetings, or who fails to attend at least half of all regular business
meetings during any calendar year, shall be guilty of neglect of duty.
(j) Each member of the Board shall be reimbursed for all expenses involved in
each meeting, including travel, according to Division policy, and, in
addition, shall receive not more than $50 for each meeting attended but not
more than $500 in any calendar year. After 10 meetings have been attended, the
member shall not be compensated for any subsequent meetings attended in that
year.
(24 Del. C. 1953, §§ 1402, 1403, 1404; 55 Del. Laws, c. 423, § 1; 59 Del.
Laws, c. 202, §§ 3, 4; 65 Del. Laws, c. 231, § 1; 67 Del. Laws, c. 366, § 3;
69 Del. Laws, c. 376, § 1; 70 Del Laws, c. 186, § 1; 72 Del. Laws, c. 210, §
1.)
§ 1404. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once
in each quarter of a calendar year, and at such times as the president deems
necessary, or, at the request of a majority of Board members.
(b) The Board annually shall elect a president, vice-president, secretary, a
complaint officer and an education officer. Each officer shall serve for 1
year and shall not succeed himself or herself for more than 2 consecutive
terms.
(c) A majority of the members shall constitute a quorum for the purpose of
transacting business. No disciplinary action shall be taken without the
affirmative vote of at least 5 members of the Board.
(d) Minutes of all meetings shall be recorded and the Division shall maintain
copies of the minutes. At any hearing where evidence is presented, a record
from which a verbatim transcript can be prepared shall be made. The person
requesting the transcript shall incur the cost of preparing any transcript.
(24 Del. C. 1953, § 1405; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
5; 65 Del. Laws, c. 231, § 2; 67 Del. Laws, c. 366, § 4; 70 Del. Laws, c. 186,
§ 1; 72 Del. Laws, c. 210, § 1.)
The Division shall keep a register of all approved applications for license as
a limited electrician, limited electrician special, master electrician and
master electrician special, and complete records relating to meetings of the
Board, examinations, rosters, changes and additions to the Board's rules and
regulations, complaints, hearings and such other matters as the Board shall
determine. Such records shall be prima facie evidence of the proceedings of
the Board.
(24 Del. C. 1953, § 1408; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
(a) The Board of Electrical Examiners shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those
affected; all rules and regulations shall be promulgated in accordance with
the procedures specified in the Administrative Procedures Act of this State.
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 and process
all applications;
(3) Designate the written, standardized examination, approved by the Division,
and administered and graded by the testing service, to be taken by all
persons applying for licensure; except applicants who qualify for licensure by
reciprocity;
(4) Evaluate the credentials of all persons applying for a license as limited
electrician, limited electrician special, master electrician and master
electrician special, in this State, in order to determine whether such persons
meet the qualifications for licensing set forth in this chapter.
(5) Grant licenses to and renew licenses of all persons who meet the
qualifications for licensure;
(6) Delegate authority to the Division to grant homeowners' permits to persons
who qualify for such permits;
(7) Establish by rule and regulation continuing education standards required
for license renewal;
(8) Evaluate certified records to determine whether an applicant for
licensure, who previously has been licensed, certified or registered in
another jurisdiction as an electrician, has engaged in any act or offense that
would be grounds for disciplinary action under this chapter, and whether
there are disciplinary proceedings or unresolved complaints pending against
such applicant for such acts or offenses;
(9) Refer all complaints from licensees and the public concerning licensed
electricians, or concerning practices of the Board, or of the profession, to
the Division for investigation pursuant to § 8735 of Title 29; and assign a
member of the Board to assist the Division in an advisory capacity with the
investigation of the technical aspects of the complaint;
(10) Conduct hearings and issue orders in accordance with the Administrative
Procedures Act, Chapter 101 of Title 29.
(11) Grant a license to, and renew the license of, a non-practicing licensee,
as defined in the Board's rules and regulations, provided the individual does
not use the license to perform electrical installations or file inspections,
and who in addition, submits proof of completion of biennial continuing
education requirements.
(12) Require, if necessary, that a licensed electrician take over the work
done by an unlicensed practitioner, or if the work is completed, that the work
be inspected by a Board-licensed inspection agency; such work shall be
inspected by the inspection agency within 5 working days after receipt of the
Board's request.
(13) Designate and impose the appropriate sanction or penalty, after time for
appeal has lapsed, when the Board determined after a hearing, that penalties
or sanctions should be imposed.
(b) The Board shall require that all persons receiving a license, display on
the vehicles used in the performance of their work, the words "Licensed
Electrician," and the number assigned to them, in not less than 3-inch letters
and numbers.
(c) The Board of Electrical Examiners shall promulgate regulations
specifically identifying those crimes which are substantially related to the
work of an electrician.
(24 Del. C. 1953, § 1406; 55 Del. Laws, c. 423, § 1; 70 Del. Laws, c. 186, §
1; 72 Del. Laws, c. 210, § 1; 74 Del. Laws, c. 257, § 1; 74 Del. Laws, c.
262, § 25.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.
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