§ 1407 License required.
(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.
§ 1408 Qualifications of applicant [For application of this section, see 81 Del. Laws, c. 290, § 5]
(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) For licensure as a journeyperson electrician shall:
a. Be at least 20 years of age.
b. Shall either:
1. Successfully complete an apprenticeship program approved by the Board that includes passing a final exam for successful completion of such program; or
2. Have over 8,000 hours of full-time experience performing electrical work under the supervision of a licensed master electrician, master electrician special, limited electrician or limited electrician special.
c. The exam required for a journeyperson license in paragraph (a)(8) of this section shall not be required for any person that has successfully met the requirement of paragraph (a)(5)b.1. of this section.
(6) For licensure as a residential electrician shall:
a. Pass a residential electrician exam as determined by the Board, and which is approved by the Division; and
b. Have over 4,000 hours of full-time experience performing electrical work or have successfully completed a residential apprenticeship program approved by the Board. Work experience is applicable if acquired under the supervision of a licensed master electrician or limited electrician or while the applicant was individually licensed.
(7) For licensure as an apprentice electrician shall:
a. Be at least 18 years of age unless enrolled in a Board approved vocational program at a vocational school.
b. Be enrolled in or have successfully completed an apprentice program approved by the Board.
c. Be enrolled in or have successfully completed a residential apprentice program approved by the Board.
d. Residential apprenticeship licensees shall be limited to the scope of work as defined in § 1422A of this title.
(8) After fulfilling the applicable experience and/or training requirements of this section, a person applying for licensure as a master electrician, master electrician special, journeyperson electrician, limited electrician, and limited electrician special 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.
(9) 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.
(10) 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.
(11) 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 or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(11), if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing electrical services in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
(12) 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; 77 Del. Laws, c. 199, § 9; 78 Del. Laws, c. 44, §§ 14, 15; 78 Del. Laws, c. 191, §§ 5, 6; 79 Del. Laws, c. 86, §§ 1, 2; 81 Del. Laws, c. 290, § 2.;
§ 1409 Reciprocity.
(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)(9)-(12) 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.
§ 1410 Fees.
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.
§ 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.
§ 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 [Chapter 101 of Title 29].
§ 1413 Complaints.
(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.
§ 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 $1,500 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) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
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; 79 Del. Laws, c. 213, § 2; 81 Del. Laws, c. 290, § 3.;
§ 1415 Hearing procedures.
(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.
§ 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.