§ 1407. | § 1408. | § 1; | § 1409. | § 1410. | § 1411. | § 1412. | § 12.) | § 1413. | § 1; | § 1414. | § 1415. | § 1416.
(a) No person shall engage in the practice of providing electrical services or
hold himself or herself out to the public in this State as being qualified to
act as a licensed electrician; or use in connection with that person's name,
or otherwise assume or use, any title or description conveying or tending to
convey the impression that the person is qualified to act as a licensed
electrician, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as an electrician in this State has expired
or been suspended or revoked, it shall be unlawful for the person to act as
an electrician in this state.
(24 Del. C. 1953, § 1421; 55 Del. Laws, c. 423, § 1; 70 Del. Laws, c. 186, §
1; 72 Del. Laws, c. 210, § 1.)
§ 1408. Qualifications of applicant.
(a) An applicant, who is applying for licensure as an electrician under this
chapter, shall submit evidence, verified by oath and satisfactory to the
Board, that such person:
(1) For licensure as a master electrician shall have knowledge of electricity
in the residential, commercial and industrial areas, and in addition shall
have:
a. Six years' full-time experience under the supervision of a licensed master
electrician; or
b. Eight thousand hours of full-time experience under the supervision of a
licensed master electrician, plus 576 hours of related instruction, or other
approved training verified by a certificate of completion of apprenticeship
from any bona fide, registered apprenticeship program of any state; or
c. Four years' full-time experience under the supervision of a licensed master
electrician and 2 years' of technical training.
(2) For licensure as limited electrician shall have knowledge of electricity
in the residential area, and in addition shall have:
a. Three years' full-time experience under the supervision of a licensed
electrician, master or limited; or
b. Four thousand hours of full-time experience under the supervision of a
licensed electrician, master or limited, plus 288 hours of related
instruction, or other approved training verified by a certificate of
completion of apprenticeship from any bona fide, registered apprenticeship
program of any state.
(3) For licensure as master electrician special shall have knowledge of
electricity as it relates to the particular type or types of specialty, and in
addition shall have:
a. Six years' full-time experience under the supervision of a licensed master
electrician, or master electrician special in the applicable specialty; or
b. Eight thousand hours of full-time experience under the supervision of a
licensed master electrician or master electrician special, plus 576 hours of
related instruction, or other approved training in the applicable specialty,
verified by a certificate of completion of apprenticeship from any bonafide,
registered apprenticeship program of any state.
(4) For licensure as limited electrician special shall have knowledge of
electricity as it relates to the particular type or types of specialty, and in
addition shall have:
a. Three years' full-time experience under the supervision of a licensed
master electrician, master electrician special or limited electrician special
in the applicable specialty; or
b. Four thousand hours of full-time experience under the supervision of a
licensed master electrician, master electrician special or limited electrician
special, in the applicable specialty, plus successful completion of 288 hours
of related instruction, or other approved training in a specialty verified by
a certificate of completion of apprenticeship from any bonafide, registered
apprenticeship program of any state.
(5) After fulfilling the applicable experience and/or training requirements of
this section, shall have achieved the passing score on the written,
standardized examination for licensure, with a passing score as determined by
the Board in rules and regulations, and which is approved by the Division.
(6) Shall not have been the recipient of any administrative penalties
regarding that person's practice as an electrician, 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/or has not entered into any "consent agreements"
which contain conditions placed by a Board on that person's professional
conduct and practice, including any voluntary surrender of a license. The
Board may determine after a hearing whether such administrative penalty is
grounds to deny licensure.
(7) Shall not have any impairment related to drugs or alcohol that would limit
the applicant's ability to act as an electrician in a manner consistent with
the safety of the public.
(8) Shall not have a criminal conviction record, nor pending criminal charge
relating to an offense, the circumstances of which substantially relate to
providing electrical services. Applicants who have criminal conviction records
or pending criminal charges shall request appropriate authorities to provide
information about the record or charge directly to the Board in sufficient
specificity to enable the Board to make a determination whether the record or
charge is substantially related to providing electrical services. After a
hearing, the Board, by an affirmative vote of a majority of the quorum, may
waive this paragraph (a)(8) of this section, 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.
(9) Shall have no disciplinary proceedings or unresolved complaints pending
against the person in any jurisdiction where the applicant has previously been
or currently is licensed or registered.
(b) All evidence of experience shall be submitted on written affidavit forms
provided by the Board.
(c) All evidence of education shall be submitted by written certification from
the educational institution attended.
(d) Where the Board has found to its satisfaction that an applicant has been
intentionally fraudulent, or that false information has been intentionally
supplied, it shall report its findings to the Attorney General for further
action.
(e) Where the application of a person has been refused or rejected and such
applicant feels that the Board has acted without justification; has imposed
higher or different standards for the applicant than for other applicants or
licensees; or has in some other manner contributed to or caused the failure of
such application, the applicant may appeal to the Superior Court.
(f) An applicant may elect to postpone submitting the applicant's licensure
fee and proof of general liability insurance after successfully completing the
examination for licensure; but such postponement shall not exceed 12 months.
If the applicant fails to activate that applicant's license within 12 months
of passing the examination, the Board shall require that the applicant retake
the examination.
(24 Del. C. 1953, § 1422; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 48, §
5; 59 Del. Laws, c. 202, § 7; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210,
§ 1; 73 Del. Laws, c. 128, §§ 1-6; 74 Del. Laws, c. 262, § 26; 75 Del. Laws,
c. 436, § 11.)
(a) Upon payment of the appropriate fee and submission and acceptance of a
written application on forms provided by the Board, the Board shall grant a
license to each applicant, who shall present proof of current licensure in
"good standing" in another state, the District of Columbia or territory of the
United States, whose standards for licensure are substantially similar to
those of this State. A license in "good standing" is defined in §
1408(a)(6)-(10) of this title.
(b) An applicant, who is licensed in a state whose standards are not
substantially similar to those of this state, shall have practiced for a
minimum of 5 years after licensure; provided however, that the applicant meets
all other qualifications for reciprocity in this section.
(24 Del. C. 1953, § 1426; 55 Del. Laws, c. 423, § 1; 70 Del. Laws, c. 186, §
1; 72 Del. Laws, c. 210, § 1.)
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 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 licensure biennium, the
Division, or any other state agency acting in its behalf, shall compute, for
each separate service or activity, the appropriate Board fees for the
licensure or biennium.
(24 Del. C. 1953, § 1424; 55 Del. Laws, c. 423, § 1; 57 Del. Laws, c. 607; 70
Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
§ 1411. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets all of the
requirements of this chapter for licensure as an electrician, in the category
applied for, and who pays the fee established under § 1410 of this title, and
submits proof of general liability insurance as required by the Board.
(b) Each license shall be renewed biennially, in such manner as is determined
by the Division, and upon payment of the appropriate fee and submission of a
renewal form provided by the Division, proof of general liability insurance as
required by the Board, and proof that the licensee has met the continuing
education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of
time within which a licensed electrician may still renew that licensed
electrician's license, notwithstanding the fact that such licensee has failed
to renew on or before the renewal date.
(d) A licensee, upon written request, may be placed in an inactive status in
accordance with the Board's rules and regulations. The renewal fee of such
person shall be prorated according to the amount of time such person was
inactive. Such person may reenter practice upon written request to the Board
of the intent to do so, and completion of continuing education, as required in
the Board's rules and regulations.
(24 Del. C. 1953, §§ 1425, 1427; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c.
202, §§ 8, 10; 64 Del. Laws, c. 476, § 7; 70 Del. Laws, c. 186, § 1; 72 Del.
Laws, c. 210, § 1.)
§ 1412. Grounds for discipline.
(a) A practitioner licensed under this chapter shall be subject to
disciplinary actions set forth in § 1414 of this title, if, after a hearing,
the Board finds that the practitioner has:
(1) Employed, or knowingly cooperated in, fraud or material deception in order
to acquire a license as an electrician; has impersonated another person
holding a license, or allowed another person to use the practitioner's
license, or aided or abetted a person not licensed as an electrician to
represent himself or herself as a licensed electrician;
(2) Illegally, incompetently or negligently provided electrical services;
(3) Performed electrical work in a category for which the practitioner is not
licensed;
(4) Been convicted of any offense, the circumstances of which substantially
relate to the performance of electrical work. A copy of the record of
conviction certified by the clerk of the court entering the conviction shall
be conclusive evidence therefor;
(5) Excessively used or abused drugs;
(6) Engaged in an act of consumer fraud or deception of the public;
(7) Violated a lawful provision of this chapter, or any lawful rule or
regulation established thereunder;
(8) Had the practitioner's license as an electrician suspended or revoked, or
other disciplinary action taken by the appropriate licensing authority in
another jurisdiction; provided, however, that the underlying grounds for such
action in another jurisdiction have been presented to the Board by certified
record; and the Board has determined that the facts found by the appropriate
authority in the other jurisdiction constitute 1 or more of the acts defined
in this chapter. Every person licensed as an electrician in this State shall
be deemed to have given consent to the release of this information by the
Board, or other comparable agencies in another jurisdiction, and to waive all
objections to the admissibility of previously adjudicated evidence of such
acts or offenses;
(9) Failed to notify the Board that the practitioner's license as an
electrician in another state has been subject to discipline, or has been
surrendered, suspended or revoked. A certified copy of the record of
disciplinary action, surrender, suspension or revocation shall be conclusive
evidence thereof; or
(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no
license shall be restricted, suspended or revoked by the Board, and no
practitioner's right to practice as an electrician shall be limited by the
Board until such practitioner has been given notice, and an opportunity to be
heard, in accordance with the Administrative Procedures Act.
(72 Del. Laws, c. 210, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436,
(a) All complaints shall be received and investigated by the Division in
accordance with § 8735 of Title 29, and the Division shall be responsible for
issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual, not currently licensed by the
Board, is engaging, or has engaged, in providing electrical services to the
public, or is using the title "master electrician", "master electrician
special", "limited electrician", "limited electrician special", or other title
implying that the individual is competent to provide electrical services, the
Board shall apply to the Office of the Attorney General to issue a cease and
desist order.
(64 Del. Laws, c. 476, § 6; 65 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 186,
§ 1; 72 Del. Laws, c. 210, § 1.)
§ 1414. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in
combination, when it finds that 1 of the conditions or violations set forth in
§ 1412 of this title applies to a practitioner or licensee regulated by this
chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner
to:
a. Report regularly to the Board upon the matters, which are the basis of the
probation;
b. Limit all practice and professional activities to those areas prescribed by
the Board;
(4) Suspend any practitioner's license;
(5) Revoke any practitioner's license;
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds
that the deficiencies, which required such action have been remedied.
(c) By a decision of 5 members, the Board may suspend any license, prior to a
hearing, simultaneously with the scheduling of a hearing if it finds that the
electrician continuing the practice, which warrants this action, is an
imminent danger to the public health and safety. The suspension shall continue
in effect until the conclusion of the proceedings, including judicial review
thereof unless sooner withdrawn by the Board or stayed by the Superior Court.
The hearing shall be held no later than 30 days from the date of service of
the suspension order unless continued at the request of the licensee.
(24 Del. C. 1953, § 1428; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
11; 64 Del. Laws, c. 476, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c.
210, § 1.)
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29,
alleging violation of § 1412 of this title, the Board shall set a time and
place to conduct a hearing on the complaint. Notice of the hearing shall be
given and the hearing shall be conducted in accordance with the Administrative
Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the
Board finds, by a majority vote of all members, that the complaint has merit,
the Board shall take such action permitted under this chapter, as it deems
necessary. The Board's decision shall be in writing and shall include its
reasons for such decision. The Board's decision shall be mailed immediately to
the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board,
the practitioner may appeal the Board's decision to the Superior Court within
30 days of service, or of the postmarked date of the copy of the decision
mailed to the practitioner. Upon such appeal the Court shall hear the evidence
on the record. Stays shall be granted in accordance with § 10144 of Title 29.
(24 Del. C. 1953, § 1431; 55 Del. Laws, c. 423, § 1; 64 Del. Laws, c. 476, §
8; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
§ 1416. Reinstatement of a suspended license; removal from probationary
status; replacement of license.
(a) As a condition to reinstatement of a suspended license, or removal from
probationary status, the Board may reinstate such license if, after a hearing,
the Board is satisfied that the licensee has taken the prescribed corrective
actions and otherwise satisfied all of the conditions of the suspension and/or
the probation.
(b) Applicants for reinstatement must pay the appropriate fees and submit
documentation required by the Board as evidence that all the conditions of a
suspension and/or probation have been met. Proof that the applicant has met
the continuing education requirements of this chapter may also be required, as
appropriate.
(c) A new license to replace any license lost, destroyed or mutilated may be
issued subject to the rules of the Board. A charge shall be made for such
issuance.
(24 Del. C. 1953, § 1429; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §§
12, 13; 64 Del. Laws, c. 476, § 4; 65 Del. Laws, c. 462, § 1; 70 Del. Laws, c.
186, § 1; 72 Del. Laws, c. 210, § 1.)
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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