§ 4411 The Manufactured Home Installation Board.
There is created a Manufactured Home Installation Board which shall administer and enforce this chapter.
§ 4412 The Manufactured Home Installation Board; objectives.
(a) The primary objective of the Manufactured Home Installation Board, 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.
(b) The secondary objectives of the Board are to maintain minimum standards of competence; 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 persons regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against persons licensed or certified pursuant to this chapter.
§ 4413 The Manufactured Home Installation Board; appointments; composition; qualifications; term; succession; conflicts of interest; public inquiries.
(a) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State. These members shall consist of:
(1) Two manufactured home installers, licensed pursuant to this chapter;
(2) Two manufactured home installation inspectors, certified pursuant to this chapter;
(3) One representative of Delaware manufactured home retailers;
(4) One registered professional engineer with at least 6 years experience in manufactured home planning and design who is authorized to practice in this State; and
(5) Three members of the public.
(b) Except as provided in subsection (c) of this section, each member shall serve a term of 3 years, and may succeed himself or herself; 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, or to replace a member who has held over following the expiration of that member's term of office, 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. Any person appointed to replace a member who has held over following the expiration of that member's term of office, shall serve a term of less than 3 years when necessary to ensure that Board members' terms expire on a rotating annual basis.
(c) A person may be appointed to the Board for up to 2 consecutive terms and, if the person has been twice appointed to the Board or has served on the Board for 6 or more years within any 9-year period, that person shall again be eligible for appointment to the Board only after an interim period of at least 3 years has expired since such person last served.
(d) 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 this section, unless such an amendment or revision amends this section to permit such an appointment.
(e) In addition to the criteria set forth in subsection (a) of this section:
(1) No member of the Board, while serving on the Board, shall hold elective office in any professional association of manufactured home installers, including but not limited to serving as the head of the professional association's Political Action Committee (PAC);
(2) The public members shall be accessible to inquiries, comments, and suggestions from the general public; and
(3) No public member of the Board shall be, or ever have been:
a. A manufactured housing installer;
b. A member of the immediate family of a licensed manufactured housing installer;
c. Employed by a manufactured home installation company or contractor;
d. Materially interested in the providing of goods and services to manufactured home installers;
e. Engaged in an activity directly related to the manufactured home installation business.
§ 4414 The Manufactured Home Installation Board; vacancies; suspension or removal; member conduct; unexcused absences; compensation.
(a) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, 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.
(b) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.
(c) 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.
(d) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
§ 4415 The Manufactured Home Installation Board; 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 delivered to the Division in a timely manner following the meeting. 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.
§ 4416 The Manufactured Home Installation Board; powers and duties.
(a) The Board shall have all the powers and authority necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers set forth in this section in addition to others granted in this chapter.
(b) The Manufactured Home Installation Board may:
(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 [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Designate application forms 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 a manufactured home installer, in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.
(5) Evaluate the credentials of all persons applying for a certificate as a manufactured home installation inspector, in order to determine whether such persons meet the qualifications for certification set forth in this chapter.
(6) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure;
(7) Grant certificates to and renew certifications of all person who meet the qualifications for certification;
(8) Establish by rule and regulation continuing education standards, which shall be a requirement of continued licensure and certification, as well as a requirement for renewal;
(9) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed, certified or registered in another jurisdiction as a manufactured home installer or installation inspector, 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;
(10) Refer all complaints from licensees and certified installation inspectors and the public concerning licensees and certified installation inspectors, concerning unauthorized practitioners, 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;
(11) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(12) Grant a license to, and renew the license of, any person holding an inactive license, as defined in the Board's rules and regulations, provided the individual does not use the license to perform manufactured home installations, and who in addition, submits proof of completion of biennial continuing education requirements.
(13) In the event an installation is not in compliance with this chapter, direct a licensed installer to take such corrective actions as it deems necessary to bring the installation into compliance.
(14) Assess administrative penalties against any unauthorized practitioner.
(15) 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.
(16) Monitor federal laws and regulations governing manufactured home installations and installation inspections to ensure its continued compliance with them.
(c) The Board shall require that all persons receiving a license, display on the vehicles used in the performance of their work, the words "Licensed Manufactured Home Installer", or the abbreviation "Lic. Mfd. Home Installer" and the number assigned to them, in not less than 2-inch letters and numbers.
(d) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the work of a manufactured home installer or the practice of manufactured home installation.