FORMERLY HOUSE BILL NO.
894 AS AMENDED BY HOUSE AMENDMENT
NO. 1 AND SENATE AMENDMENTS NO. 1, 2, and 3
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS; SEPARATING REGULATIONS CONCERNING PROFESSIONAL ENGINEERS FROM REGULATIONS CONCERNING PROFESSIONAL LAND SURVEYORS; AND PROVIDING FOR A DELAWARE PROFESSIONAL ENGINEERS' ACT.
WHEREAS, because the field of engineering is highly technical and complex and the recipients of professional engineering services do not normally have adequate expertise by which they might be able to evaluate the services rendered by a professional engineer; and
WHEREAS, because of these complexities, the qualifications of a professional engineer should be established and evaluated by other engineers; and
WHEREAS, it is in the best interests of the public property, health, safety and welfare that the evaluation of an engineer and the control of the practice of engineering be vested in members of the engineering profession; and
WHEREAS, this Act constitutes a new departure and experiment in the field of state regulatory procedure, being the first of its kind in the Nation, wherein the First State of the Nation delegates to a professional association the powers, duties and responsibilities of self-regulation;
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Amend Title 24, of the Delaware Code, by adding thereto a new chapter to be designated as Chapter 28, which new chapter shall read as follows:
CHAPTER 28. PROFESSIONAL ENGINEERS
§ 2801. Declaration of purpose
In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice, or to offer to practice, engineering in this State, as defined in the provisions of this Act, or to use in connection with his name or otherwise assume, or advertise any title or description tending to convey the impression that he is an engineer, unless such person has been duly registered or exempted under the provisions of this Act. The right to engage in the practice of engineering shall be deemed a personal right, based on the qualifications of the individual as evidenced by his certificate of registration, which shall not be transferable.
§ 2802. Short title
This Act shall be known and may be cited as the "Delaware Professional Engineers' Act."
§ 2803. Definitions
The following words, terms, and phrases when used in this Act shall have the meaning ascribed to them except where the context clearly indicates a different meaning;
A. 'Association' shall mean the Delaware Association of Professional Engineers.
B. 'By-law' shall mean a By-law of the Association.
C. 'Council' shall mean the Council of the Association.
D. 'Professional engineer' shall mean a person who has been duly registered as a Professional Engineer by the Council.
E. 'Engineer' shall mean a person who, by reason of his special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by an engineering education and engineering experience, is qualified to practice engineering.
F. 'Engineer-in-training' shall mean a person certified as an Engineer-in-training by the Council.
G. 'Practice of engineering' or `to Practice engineering' or `Practice engineering' includes any professional service to the public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the public welfare, or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data; but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment.
A person shall be construed to Practice or offer to Practice engineering if such person practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be an engineer, a Professional Engineer, or through the use of some other title implies that he is an engineer or that he is registered under this Act; or who holds himself out as able to perform, and who does perform, any engineering service or work or other service designated by the practitioner which is recognized as engineering.
. 'Member' shall mean a Member of the Association.
A. 'Affiliate Member' shall mean an Affiliate Member of the Association.
B. 'Associate Member' shall mean an Associate Member of the Association.
C. 'Roster' shall mean the record of Members, Associate Members, Affiliate Members, permittees of the Association, and holders of a Certificate of Authorization.
D. 'Registered' means registration as a Professional Engineer under this Act.
E. M. 'Registrant' shall mean a person registered as a Professional Engineer under this Act.
N. 'Examination' shall mean any qualifying examination or examinations required by this Act.
0. 'Permit' shall mean a temporary privilege to practice engineering in the State of Delaware granted to a qualified individual, corporation, or partnership by the Council.
P. Permittee' shall mean an individual, corporation, or partnership holding a valid Permit from the Association.
. 'Certificate of Authorization' shall mean an authorization issued by the Council to a corporation or partnership to engage in the practice of Engineering.
A. 'Committee' shall mean a Committee appointed by the Council.
. 'Engineering Corporations or Partnerships' are Corporations or Partnerships whose primary business is the Practice of Engineering and who Practice Engineering to provide Engineering services to the public.
§ 2804. Delaware Association of Professional Engineers; objectives
There is hereby established the Delaware Association of Professional Engineers. The objectives of the Association and of this Act are to regulate the Practice of Engineering; to provide for the Registration of qualified persons as Professional Engineers and the certification of Engineers-in-training; to define the terms `Engineer', 'Professional Engineer', 'Engineer-in-training', and 'the Practice of Engineering'; to create an organization to regulate the Practice of Engineering to provide and administer qualifying examinations and grant Registration to qualified persons as Professional Engineers; to provide for the appointment and election of members to the governing body of this Association; to define the power and duties of the Council; to set forth the minimum qualifications and other requirements for registration as a Professional Engineer, for certification as an Engineer-in-training, the granting of a Permit to Practice Engineering, and the granting of a Certificate of Authorization; to set rules for the establishment of fees, expiration requirements and renewal requirements; and to provide for the enforcement of this Act together with penalties for violations of the provisions of this Chapter.
§ 2805. Ownership and use of property
The Association may purchase, acquire, or receive by gift or bequest for the purpose of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease, or otherwise dispose of any said property.
A. All persons registered as Professional Engineers when this Act becomes effective, or hereafter registered as Professional Engineers, and who are residents of, or are employed in, or have a place of business within the State of Delaware are Members of the Association. Members shall be entitled to vote as provided by this Act.
B. All other persons registered as Professional Engineers are Associate Members of the Association and shall not be entitled to vote.
C. All persons certified as Engineers-in-training within the State of Delaware when this Act becomes effective, or who are hereafter certified as Engineers-in-training, are Affiliate Members of the Association and shall not be entitled to vote.
D. Fees (1) Initial Fees:
(a) The fee for initial Registration as a Professional Engineer shall, at the time this Act becomes effective, be thirty dollars ($30).
(b) The fee for initial certification as an Engineer-in-training shall, at the time this Act becomes effective, be ten dollars ($10). Upon application for Registration as a Professional Engineer, this initial Certification fee shall be applied toward the fee required for initial Registration as a Professional Engineer.
(c) The fee for an initial Certificate of Authorization shall, at the time this Act becomes effective, be one hundred dollars ($100).
(d) The fee for initial application for a Permit shall, at the time this Act becomes effective, be fifty dollars ($50) for individual Registrants and one hundred dollars ($100) for Engineering Corporations or Partnerships.
(e) Each fee required under the provisions of this section shall accompany the application and shall be nonreturnable.
(f) Subsequent changes of initial fees for Registration as a Professional Engineer, Certification as an Engineer-in-training, issuance of a Permit, or a Certificate of Authorization shall be by By-laws, as approved by Members in accordance with this Chapter.
(a) The annual renewal fee for Registration as a Professional Engineer shall, at the time this Act becomes effective, be the same as the renewal fee for Registration as a Professional Engineer then in effect.
(b) The annual renewal fee for a Certificate of Authorization shall, at the time this Act becomes effective, be fifty dollars ($50).
(c) Subsequent changes in renewal fees for Registration as a Professional Engineer, or a Certificate of Authorization, shall be by By-laws, as approved by the Members in accordance with this Chapter.
(3) Initial and renewal Registration fees for Professional Engineers or Certification fees for Engineers-in-training which have been paid or prepaid to the State Board of Registration for Professional Engineers and Land Surveyors by members for the current or forthcoming years shall be transferred on a prorated basis to the Association at the time this Act becomes effective. Any future initial or renewal registration fees for Professional Engineers or Certification fees for Engineers-in-training which are paid in error to the State Board of Registration for Professional Engineers and Land Surveyors or its successor shall be transferred to the Association.
(4) Reinstatement fees for Professional Engineers and holder of Certificates of Authorization shall be required for return
from the inactive Roster to the active Roster. Reinstatement fees shall be established by By-law and shall include any unpaid supplemental levies assessed prior to removal from the active Roster.
(5) The Council may, whenever the Association has incurred an operating deficit, make a supplemental levy in order to eliminate such deficit. Each Member, Associate Member, and each holder of a Certificate of Authorization shall be assessed in direct proportion to their rate of annual renewal and the total amount assessed shall be the amount of the deficit. Fractional assessments shall be raised to the next highest even dollar amount. The amount assessed against any person pursuant to this paragraph shall not exceed the annual renewal fee paid by such person under this chapter.
Such supplemental levy shall be a debt against those assessed and shall be billed only at the time when the annual renewal fees are billed and must be paid within three months. Those failing to pay within three months shall be declared ineligible to Practice Engineering in the State of Delaware, and shall be removed from the active Roster. Reinstatement will not be allowed until the reinstatement fee has been paid in full.
E. Expiration and renewals
(1) Members, Associate Members, and holders of Certificates of Authorization shall be billed for annual renewal fees thirty (30) days before expiration of the period for which fees have been paid. When the annual fee is not paid on or before the expiration date, the fee paid for renewal shall be increased by one-twelfth for each month or fraction thereof for which payment is delayed beyond the date of expiration.
If fees are not paid within three months after the expiration date, the Member, Associate Member, or holder of a Certificate of Authorization shall be declared ineligible to practice engineering in the State of Delaware and shall be removed from the active Roster.
(2) Any prospective Member, Associate Member, Engineering Corporation or Partnership whose application is approved shall be billed for fees for the quarter-year in which approved and
for any remaining full quarters in the Association's registration year.
(3) Any Member, Associate Member, or holder of Certificate of Authorization on the active Roster who intends to withdraw from the Practice of Engineering in the State of Delaware shall notify the Secretary of the Council in writing. That name will then be removed from the active Roster and be placed in an inactive file. That name may be reinstated to active status by a request for reinstatement, in writing, to the Secretary of the Council and by payment of a reinstatement fee.
(4) Any Member, Associate Member, or holder of a Certificate of Authorization who has not given notice of withdrawal and whose name has been removed from the active Roster because of a delinquency in payment of fees may be reinstated upon petition to the Council and by payment of the reinstatement fees plus any delinquency fees.
(5) Certificates of Registration and Certificates of Authorization shall expire on the last day of the month of June following their issuance and shall become invalid on that date unless renewed. Certificates for which renewal fees for Professional Engineers have been paid or prepaid to the State Board of Registration for Professional Engineers and Land Surveyors shall expire at the end of the period for which payment or prepayment was made and shall become invalid on that date unless renewed.
§ 2807. Council of the Delaware
Association of Professional Engineers
There shall be a Council which will be the governing board of the Association. The Council, except as provided within this section, shall consist of eleven members, eight of which shall be elected and three of which shall be appointed by the Governor. A quorum of the Council shall be a majority of the current Members of the Council. Every member of the Council shall be a Member of the Association, a citizen of the United States of America, and a resident of the State of Delaware at the time of his election or appointment, and shall hold office during the term to which he was appointed or elected only so long as he continues to be a Member of the Association and a resident of this State.
The Secretary of the Department of Administrative Services of the State of Delaware, in concert with the State Board of Registration for Professional Engineers and Land Surveyors at the time this Act becomes effective, shall take the necessary action to implement the formation of the initial Council within six months after the effective date of this Act. To this end, all Members of the Association shall be advised the following within six weeks after the effective date of this Act
A. The Council positions and qualifications therefor.
B. The procedure for placing one's name in nomination by petition with the supporting signatures of ten other Members.
C. The closing date for nominations.
D. The election procedures.
E. The date letter ballots will be sent out to all Members.
F. The return date for the ballots.
Within four weeks after the closing date for nominations, ballots shall be distributed to all Members. Ballots shall contain the names and qualifications of each Member in the contest for each elected Council position and the closing date for return of ballots.
The initial Council shall consist of eight elected Council members and all those Professional Engineers on the State Board of Registration for Professional Engineers and Land Surveyors at the time this Act becomes effective who choose to become appointed Members of Council. The expiration date of the term on Council of those Members of the State Board of Registration for Professional Engineers and Land Surveyors who choose this option shall be the same as if they had continued as Members of the State Board of Professional Engineers and Land Surveyors. The State Board of Registration for Professional Engineers and Land Surveyors at the time this Act goes into effect shall continue with their Registration and other duties until the formation of the initial Council under the provisions of this Chapter and shall transfer to the initial Council all appropriate records.
If more than three of the Professional Engineers of the former
State Board of Registration of Professional Engineers and Land Surveyors choose to be appointed Members of the Council, no new appointments will be made by the Governor until the number of appointed Members on the Council is less than three. When the number of appointed Members of the initial Council becomes less than three, the Governor shall appoint additional Members of the Council as necessary to bring the number of Members so appointed to three. The initial term of the first appointees shall be designated by the Governor so that thereafter the term of one appointee shall expire in each succeeding year. Thereafter, the Governor shall appoint one Member to the Council each year for a three-year term.
One Council Member shall be appointed from each county in the State and shall be a resident of that county at the time of appointment and during his term of office. The Governor shall make the initial appointments so that this requirement shall be met as soon as possible and shall be complied with in future appointments.
Eight Council Members shall be elected by Members of the Association by means of a letter ballot returned within thirty days after the mailing thereof. The Members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position.
Among those elected, one shall be from each of the following engineering disciplines: civil, chemical, electrical, mechanical; and one shall be from each of the following fields of employment: government, industry, private consulting practice. The eighth Council Member shall be from any other engineering discipline not previously noted or engineering education. The initial Council shall consist of: two Members of Council for a one-year term, one from chemical engineering and one from government employment; two Members for a two-year term, one from civil engineering and one from industrial employment; two for a three-year term, one from electrical engineering and one from private consulting practice employment; two for a four-year term, one from mechanical engineering and one from engineering education or any other branch of engineering other than civil, chemical, electrical or mechanical.
Thereafter, two Members of the Council shall be elected each year for a four-term year to fill the same discipline or field of employment vacancies as previously designated within the Council as were held by Members of Council whose terms expired in that year.
Each Council vacancy will be designated by discipline or field of employment in accordance with the Council seat designations specified above and each designated vacancy will be voted upon separately by the Members of the Association.
Candidates for Council must, in addition to the requirements of Section 2807 herein, also qualify by discipline or field of employment for a designated vacancy and must announce at the time of nomination the vacancy for which they are seeking election. For purposes of election, the discipline shall be that shown on the Roster for the prospective Member of Council, and the field of employment shall be that held by the prospective Member at the time of his announced candidacy for election to the Council. A Member of Council may serve only two consecutive terms on the Council.
Terms of office for elected Council Members shall commence on September 1 of the year elected and shall expire on August 31 of the year ending the term. In the case of the initial Council, those elected for a one-year term shall serve for no less than six months. Terms for Council Members shall be continued until a replacement is elected or appointed.
§ 2809. Election of annual officers
The President, Vice President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice President may serve more than two consecutive one-year terms in office.
§ 2810. Powers of the Council
In carrying into effect the provisions of this Chapter, the Council under the head of the Council President and seal of the Council, may subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents,
etc., in a case involving the revocation of Registration or practicing or offering to practice without Registration.
Any Member of the Council may administer oaths or affirmations to witnesses appearing before the Council.
If any person refuses to obey any subpoena so issued, or refuses to testify or produce any books, papers, or documents, the Council may present its petitions to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person, requiring his attendance before such Court and there to testify or to produce such books, papers and documents as may be deemed necessary and pertinent by the Council.
Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.
The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissable in evidence with the same force and effect as if the original were produced.
§ 2811. Council vacancies
Where any Member of Council is absent from three consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by a majority of the complete Council.
When any member of Council resigns, dies, moves his or her residence from the State of Delaware or otherwise ceases to be a Member, or in the case of an appointed Member who moves his or her residence from the county from which appointed, or in the case of an elected Member who changes his or her Engineering discipline in the Roster if elected to fill a discipline position on the Council, or in the case of an elected Member who changes his or her field of Engineering employment if elected to fill a field of Engineering employment position on the Council, the office shall be declared vacant.
A declared vacancy of an appointed Council position shall be filled for the unexpired term by the Governor of the State of Delaware.
A declared vacancy of an elected Council seat shall be temporarily filled by a Member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment, upon the vote of majority of the Council, until the next annual election when a Member shall be elected to fill any remainder of the unexpired term.
The Council may appoint such administrative officials as it deems fit.
§ 2813. Legal liabilities of the Council
No action or other legal proceedings for damages shall be instituted against the Council or against any Council Member or official of the Council for any act done in good faith and in the performance or intended performance of any duty or in the intended performance of any power granted under this Act or any by-law of this Act or for any neglect or default in the performance or exercise in good faith of any such duty or power.
§ 2814. By-laws of the Association
The Council shall prepare for approval by the membership the following by-laws related to the administrative and domestic duties of the Association:
A. Prescribing procedures for the nomination of members of Council by a nominating committee and by the nomination by Members.
. Prescribing procedures for the election of members of the Council.
A. Prescribing procedures for the nomination and election of Council President, Vice President, Secretary, and Treasurer by the Council.
D. Prescribing the duties of members of the Council and rules governing their conduct.
. Respecting the remuneration and reimbursement of members of the Council.
A. Respecting the calling, holding, and conducting of meetings of the Council and of the Association.
B. Respecting the management of the property of the Association.
C. Providing for the borrowing of money on the credit of the Association and the charging, mortgaging, or pledging of the real or personal property of the Association to secure any money borrowed or other debt or other obligation or other liability of the Association.
D. Respecting the receipt and disbursement of the funds of the Association and the investment of funds in a savings account which must be in a bank located within the State of Delaware for the purpose of earning interest on the investment.
E. Respecting the establishment of a reserve fund within a year of the initial election of Council, for emergency or unforseen expenses.
F. Providing for an annual independent audit of the accounts of the Association.
G. Providing for the appointment of committees of the Council and defining their composition, functions, remuneration, and reimbursement.
H. Providing for the closing of the Roster and the registration of recorded changes of addresses of disciplines of the registrants for a period of twenty calendar days immediately preceeding any meeting of the Association or any mailing of ballots for vote or election by the membership.
I. For maintaining a system for the recording of Registrants, their disciplines, their residence and business addresses and the counties in which they are resident; recording of the
names and addresses of official representatives of Engineering Corporations and Partnerships, and other pertinent data. The official Roster of the Association shall be printed at least biannually and be available to the membership.
0. Fixing and providing for the levying and collecting or remitting of annual or other fees approved by the Members in accordance with this Chapter.
P. Prescribing applications, certificates, permits, and seals and providing for their issuance and use.
Q. Concerning bonding of officers of the Council and employees of the Association.
R. Respecting all other things that are deemed necessary or convenient for the attainment of the objectives of the Association and the efficient conduct of its business.
§ 2815. By-law approval by members
A by-law is effective when approved by the Members. Proposed by-laws or changes shall be submitted to the Members for approval by means of a letter ballot returned by not less than twenty percent of the Members within thirty days after the mailing thereof. Affirmative votes by the majority of Members voting within the prescribed time shall constitute approval by the Members.
The Council shall prepare and publish a Code of Ethics designed for the protection of the public. All Members, Associate Members, Affiliate Members, holders of Certificate of Authorization, and permittees must subscribe to and follow this Code of Ethics in the practice of Professional Engineering. Copies of the Code of Ethics shall be sent to each Member and Permittee, and shall be available free of charge to the public.
§ 2817. Requirements for registration
The following requirements shall be considered as the
minimum satisfactory evidence that an applicant is qualified for registration as a Professional Engineer:
(1) Graduation from an engineering curriculum of four years or more, which curriculum has been approved by the Council; and
(2) Experience in engineering work, of a character satisfactory to the Council, in the amount of four years or more in addition to the four years of education required in paragraph (1) above, such experience indicating that the applicant is competent to practice as a Professional Engineer; and
(3) Successful passing of a written examination totaling sixteen hours, at least eight hours of which examinations shall be taken after the engineering experience specified in paragraph (2) above; provided, however, that applications made prior to January 1, 1972, shall require a sixteen-hour written examination at the discretion of the Council, if the applicant has the education and experience provided for in paragraphs (1) and (2) above.
(1) Satisfactory completion of a science curriculum related to engineering, of four years or more, which is approved by the Council; and
(2) Experience in engineering work, of a character satisfactory to the Council, in the amount of eight years or more in addition to the four years of education required in paragraph (1) above, such experience indicating that the applicant is competent to practice as a Professional Engineer; and
(3) Successful passing of written examinations totaling sixteen hours, at least eight hours of which examinations shall be taken after the engineering experience specified above; provided, however, that for applications made prior to January 1, 1972, the applicant may qualify by successfully passing a written examination or a written and oral examination, which examination shall be designed to show knowledge and skill approximately that attained through graduation from an approved four-year engineering curriculum, if the applicant has the experience required in paragraph (2) above.
C. Engineering experience and examination.
(1) Experience in engineering work of a character satisfactory to the Council, consisting of twenty years or more of lawful practice and indicating that the applicant is competent to practice as a Professional Engineer; and
(2) Successful passing of written examination or examinations totalling sixteen hours; and
(3) Age of forty-five years or more.
D. Eminence in the engineering profession.
(1) Experience in engineering work of a character satisfactory to the Council consisting of twenty years or more of outstanding achievements in engineering, including widespread recognition for the applicant as being eminent in the profession of engineering; and indicating that the applicant is competent to practice as a Professional Engineer; and
(2) Age of forty-five years or more; and
(3) Satisfactory completion of a personal interview before the Council.
E. Reciprocity and comity.
The Council may, upon application in the usual form and payment of the required fee, issue Registration as a Professional Engineer to any person holding an unrevoked Registration to engage in the practice of Professional Engineering, issued by a proper authority of any state, territory or possession of the United States, the District of Columbia, or of any foreign country which in the opinion of the Council meets the requirements of this Act, based upon verified evidence, without further examination.
F. Additional requirements.
(1) Every applicant before Registration shall give evidence of good character and reputation.
(2) Every applicant shall give not less than five references, people who state that in their opinion and by their personal knowledge the applicant is of good character and reputation and is qualified to practice as a Professional Engineer. At least three such references shall be registered Professional Engineers in this or any other state, territory, or possession of the United States or the District of Columbia.
(3) An applicant, otherwise qualified, shall not be required to be actively practicing his profession at the time of his application.
§ 2818. Experience and educational equivalence
The experience of a full-time faculty member teaching Engineering in an engineering college approved by the Council may be accepted as part of the required engineering experience specified in Section 2817 of this Chapter.
The completion of the equivalent of one year or more of full-time, post graduate study in an engineering curriculum approved by the Council may be accepted as one year or more of engineering experience required in Section 2817, but the total credit for such experience shall not exceed two years if applied against the requirements of Section 2817 A or four years when applied to Section 2817 B.
Certification by an eight-hour written examination as an engineer-in-training, either in Delaware, or in any other state or jurisdiction with equal or higher requirements, shall be accepted as satisfactory passage of the first eight hours of examinations required in Section 2817 of this Chapter.
A person holding a Certificate of Qualification issued by the National Bureau of Engineering Registration whose qualifications meet the requirements of this Act may be registered upon receipt from the National Bureau of Engineering Registration of a certified copy of such certificate together with the usual application form and fee without the requirements for verification of education, experience, and references otherwise required and without further examination.
§ 2819. Requirements for certification as an Engineer-in-training
The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an Engineer-in-training:
A. Graduation from an engineering curriculum of four years or more, approved by the Council; or satisfactory completion of a science curriculum related to engineering of four years or more which is approved by the Council.
B. Successful passage of an eight-hour written examination in the fundamentals of engineering.
§ 2820. Requirements for a permit
Persons not residing in the State of Delaware, not having full-time employment in the State of Delaware, and not having an established place of business for the practice of Professional Engineering within this State, who are legally qualified by registration to practice engineering as defined within this Chapter in their own State of residence or business, may make application to the Council in writing for a permit to practice Professional Engineering in the State of Delaware.
After payment of the fee established in the by-laws, the applicant may be issued a permit to practice engineering for a specific project. Such permit shall be limited to a define time, not to exceed one year and shall be issued in writing upon authorization of the Council. The issuance of one such permit shall not mean that the Council will approve other permits nor shall such issuance result in any accrual of the right to practice engineering with respect to any other works not specified in the permit.
§ 2821. Right to practice
A. The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a Certificate of Authorization is permitted, provided that one or more of the officers or one or more of the shareholders of the said engineering corporation or partnership (a) is designated as being in responsible charge of the engineering
activities and engineering decisions of the said corporation or partnerships and (b) is a Registrant. All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be Registrants or Permittees. The requirements of this Act shall not prevent an Engineering Partnership or Corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations. All final drawings, papers or documents involving the practice of engineering as defined in this Act when issued or filed for public record shall be dated and bear the signature and seal of the Registrants or Permittees who prepared or approved them.
B. An Engineering Corporation or Partnership desiring a Certificate of Authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the Engineering Corporation or Partnership and also of any Registrants and Permittees who shall be in responsible charge of the practice of engineering through the said Engineering Corporation or Partnership, together with any other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within thirty days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a Certificate of Authorization to such Engineering Corporation or Partnership and such Engineering Corporation or Partnership shall be authorized to contract for and to collect fees for furnishing engineering services.
C. No such Engineering Corporation or Partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of his compliance with the provisions of this section; nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of his employment or relationship with such Corporation or Partnership.
The State of Delaware, its political subdivisions, agencies, commissions, and authorities shall not solicit or receive proposals for or engage in the construction of public works involving the
practice of engineering, unless the engineering drawings and specifications and estimates have been prepared by, and the construction is executed under, the direct supervision of a Registrant or Permittee. Any contract executed in violation of this Section shall be null and void.
§ 2823. Disciplinary action
The Council shall have the power to suspend, refuse to renew, or revoke any authorization issued to practice engineering in this State, or to reprimand any registrant or permittee or holder of a Certificate of Authorization who is found guilty of: .
A. The practice of any fraud or deceit in obtaining any authorization to practice engineering in this State.
B. Any gross negligence, incompetence, or misconduct in the practice of engineering.
C. Any felony or any crime involving moral turpitude.
D. Violation of the Code of Ethics promulgated by the Council.
The Council shall have the power to revoke a Certificate of Authorization, or to suspend a Certificate of Authorization for a period of time not exceeding two years, of any Engineering Corporation or Partnership whose officers, directors, or principals have committed any act or have been guilty of any conduct which would authorize a revocation or suspension of the Certificate of a Registrant or Permittee under the Provisions of this section.
§ 2824. Disciplinary action; procedure
A. Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the Code of Ethics against any individual, Registrant or Permittee, or against any Engineering Corporation or Partnership holding a Certificate of Authorization. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the Secretary of the Council.
founded or trivial, shall be heard by the Council or a committee appointed by the Council within three months after the date on which they shall have been preferred.
C. The time and place for such hearing shall be fixed by the Council or the Committee appointed by the Council and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on the accused, or sent by registered mail to the last known address of such individual Registrant, Permittee, Engineering Corporation or Partnership at least thirty days before the date fixed for the hearing. At any hearing, the accused individual Registrant, Permittee, Engineering Corporation or Partnership shall have the right to appear in person or by counsel, or both, to cross-examine witnesses in defense against such charges, and to produce evidence and witnesses on behalf of the accused. If the accused person, Engineering Corporation or Partnership fails or refuses to appear, the Council or committee appointed by the Council may proceed to hear and determine the validity of the charges.
D. If, after such hearing, a majority of the Council vote in favor of sustaining the charges, the Council shall reprimand, suspend, refuse to renew, or revoke an individual's registration or permit, or may revoke an engineering corporation's or partnership's Certificate of Authorization. The written decision of the Council shall be delivered personally to the accused or sent by registered mail to the last known address of the accused.
E. Any individual Registrant or Permittee having a Certificate of Registration or a permit, or any engineering corporation or partnership holding a Certificate of Authorization, aggrieved by any action of the Council, in denying, suspending, refusing to renew or revoke a Certificate of Registration, permit or Certificate of Authorization may appeal therefrom to the Superior Court within fifteen days from the date of receipt of the written decision of the Council.
F. The Council may, upon petition of an individual Registrant, Permittee, Engineering Corporation or Partnership holding a Certificate of Authorization, reissue a Certificate of Registration, Permit or Authorization; provided, however, that a majority of the Members of the Council vote in favor of such issuance.
§ 2825. Violations and penalties
Persons or engineering corporations or partnerships not registered or holding a permit or Certificate of Authorization may not:
A. Practice engineering as defined in this Chapter;
B. Use any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is entitled to practice engineering;
C. Advertise or hold oneself or conduct oneself in any way or in any such manner as to lead to the belief that such person is entitled to practice engineering.
Where an engineering corporation or partnership practices engineering in violation of this Act, every member of the engineering corporation or partnership shall be in violation.
Whoever practices or offers to practice engineering in this State without being registered in accordance with the provisions of this Act shall be in violation thereof.
Whoever presents or attempts to use as his own the Certificate of Registration, Certificate of Authorization, permit or the seal of a Professional Engineer not his own shall be in violation of the provisions of this Chapter.
Whoever gives any false or forged evidence of any kind to the Council or to any member thereof in obtaining a Certificate of Registration, Certificate of Authorization, or a permit shall be in violation of the provisions of this Chapter.
Whoever falsely impersonates any other registrant, holder of a Certificate of Authorization, or permittee with a similar or different name shall be in violation of the provisions of this Chapter.
Whoever attempts to use an expired or revoked Certificate of Registration, Certificate of Authorization or permit shall be in violation of the provisions of this Chapter.
Whoever violates any of the provisions of this Chapter shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or be imprisoned not more than three months, or both.
The Superior Court of the State of Delaware shall have exclusive original jurisdiction of any violation of this Chapter, notwithstanding any provision of the Delaware Code to the contrary.
This chapter shall not be construed to prevent or to affect:
(1) the work of an employee or a subordinate of a Registrant or Permittee, provided such work is done under the direct responsibility, checking, and supervision of a Registrant or Permittee; or
(2) the practice of professional engineering by an architect legally registered in this State when such practice is incidental to what may be properly considered an architectural project.
The Association shall submit annually to the Governor, the General Assembly and the State Auditor, an annual report, certified by a Certified Public Accountant, detailing its income, expenses, assets and liabilities, as well as pertinent statistical and narrative information summarizing its regulatory activities, changes in modus operandi and progress made within its area of responsibility.
Section 2. Amend Chapter 27, Title 24 of the Delaware Code by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 27 which shall read as follows:
CHAPTER 27. PROFESSIONAL LAND SURVEYORS
SUBCHAPTER 1. BOARD OF REGISTRATION FOR
PROFESSIONAL LAND SURVEYORS
§ 2701. Definitions
As used in this chapter —
`Board' means the State Board of Registration for Professional Land Surveyors.
`Land Surveyor' means a person who engages in the practice of land surveying; as used in this Chapter the term 'Land Surveyor' shall mean and be synonymous with the term 'Professional Land Surveyor'.
`Practice of land surveying' includes all land surveying, surveying of area for the correct determination and description, and for conveyancing, or for the establishment or restablishment of land boundaries and the plotting of lands and subdivisions thereof; also, grades for buildings, ditches, roads, sewer, etc., or same as now being done by land surveyors.
`Responsible charge' means the control and direction of professional skill and independent judgment.
§ 2702. Composition; appointments; qualification; terms; vacancies
(a) The State Board of Registration for Professional Land Surveyors, herein established, shall administer the provisions of this Chapter.
() The Board shall consist of three land surveyors, one land surveyor being selected from each of the three counties of this State, who shall be appointed by the Governor. Nor more than two members of the Board shall be appointed from any one political party.
(a) The State Board of Registration for Professional Land Surveyors at the time this Act becomes effective shall be those Members of the State Board of Registration for Professional Engineers and Land Surveyors appointed as the Land Surveyor Members to the State Board of Registration for Professional Engineers and Land Surveyors.
(b) Each member of the Board shall —
(1) Be a citizen of the United States and a resident of this State;
(2) Have been engaged in the practice of the profession of land surveying for at least twelve years; and
(3) Have been in responsible charge of important land surveying for at least five years.
(e) The term of office for professional land surveyors is three years beginning in each case from the first day of July in the year of appointment.
(f) Vacancies on the Board occuring for any reason other than expiration of term shall be filled by the Governor for the unexpired term.
(g) Every member of the Board shall receive a commission of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath of affirmation for the faithful discharge of his official duty.
(h) Terms of Board Members shall be continued until a replacement is appointed.
§ 2703. Removal of members
The Governor may remove any member of the Board for misconduct, incompetency, neglect of duty, or for any other sufficient cause.
§ 2704. Compensation and expenses
Each member of the Board shall be reimbursed for all actual traveling, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this Chapter, but he shall receive no compensation for time spent in attending to the work of the Board.
§ 2705. Organization; meetings, officers; quorum
The Board shall hold at least one regular meeting each year. Special meetings shall be held at such times as the rules and regulations of the Board may provide. Notice of all meetings shall be given in such manner as the rules and regulations may provide.
The Board shall elect or appoint annually the following
officers: A Chairman, a Vice-Chairman, and a Secretary.
A quorum of the Board shall consist of not less than two members.
The Board may adopt and amend all rules and regulations not inconsistent with the Constitution and laws of this State, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it.
The Board shall adopt and have an official seal.
In carrying into effect the provisions of this Chapter, the Board, under the head of its Chairman and the seal of the Board, may subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., M a case involving the revocation of registration or practicing or offering to practice without registration.
Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.
If any person refuses to obey any subpoena so issued, or refuses to testify or produce any books, papers, or documents, the Board may present its petitions to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person, requiring his attendance before such Court and there to testify or to produce such books, papers, and documents as may be deemed necessary and pertinent by the Board.
Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.
§ 2707. Receipts and disbursements
The Secretary of the Board shall receive and account for all moneys derived under the provisions of this Chapter, and shall pay the same monthly to the State Treasurer.
All money or income received by the Board from taxes, fees and/or operations, and all other sources whatsoever, directly or indirectly, shall be paid to the State Treasurer currently and shall be credited to the General Fund.
All disbursements made by the Board for salaries, expenses or other authorized expenditures shall be paid by the State Treasurer out of funds appropriated by the General Assembly for such purpose on vouchers issued by the proper officer of the Board.
The Secretary of the Board and the Office Secretary shall give a surety bond to the State in such a sum as the Board may determine. The premium on such bonds shall be regarded as a proper and necessary expense of the Board.
The Department of Administrative Services may employ such clerical or other assistants as are necessary for the proper performance of the work, and may make expenditures of this fund for any purpose which in the opinion of the Department is reasonably necessary for the proper performance of the Board's duties under this Chapter, including the expenses of the Board's delegates to annual conventions of, and membership dues to, the National Council of State Board of Engineering Examiners.
§ 2708. Records and reports
(a) The Board shall keep a record of its proceedings and a register of all applications for registration, which register shall show —
(1) The name, age, and residence of each applicant;
(2) The date of the application;
(3) The place of business of such applicant;
(4) The educational and other qualifications of the applicant;
(5) Whether or not an examination was required;
(6) Whether the applicant was rejected;
(7) Whether a certificate of registration was granted;
(8) The date of the action of the Board; and
(9) Such other information as may be deemed necessary by the Board.
(b) The records of the Board shall be prima facie evidence of the proceedings of the Board set forth therein. A transcript thereof, duly certified by the Secretary of the Board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(c) Annually, prior to December First, the Board shall submit to the Governor a report of its transactions for the fiscal year ending June 30, and shall also transmit to him a complete statement of the receipts and expenditures of the Board, attested by affidavits of its chairman and its Secretary.
A complete Roster showing the names and last known address and places of business of all registered professional land surveyors shall be published by the Secretary of the Board prior to September First of each uneven year, or at intervals as established by Board regulations. In a year when the full Roster is not printed, an addenda to the last Roster shall be printed. Copies of this Roster or addenda shall be mailed to each person so registered, placed on file with the Secretary of State, County and City officials and may be distributed or sold to the public.
The Attorney General of this State or any Deputy Attorney General shall act as legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Chapter.
SUBCHAPTER II. PRACTICES OF PROFESSIONAL
LAND SURVEYING
§ 2721. Requirement for registration
In order to safeguard life, health, and property, any person
practicing or offering to practice professional land surveying in this State, shall submit evidence that he is qualified so to practice and shall be registered as provided in this subchapter.
No person shall practice or offer to practice in this State, professional land surveying, as defined in Section 2701 of this title, or use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a professional land surveyor, unless such person has been duly registered under the provisions of this subchapter.
§ 2722. General requirements for registration
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a professional land surveyor, respectively, to wit:
Land surveyors — Graduation plus experience.
(a) Graduation from a school or college approved by the Board as of satisfactory standing, including the completion of an approved course in surveying; and an additional two years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying; or
Land Surveyors — Examination plus experience.
(b) Successfully passing a written, or written and oral examination in surveying prescribed by the Board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying.
Land Surveyors of Long Established Practice.
() A specific record of ten years or more of lawful practice in land surveying shall make the applicant eligible for a certificate of registration for life as a land surveyor without an examination, by paying the annual registration fee to the Board at the time and place specified in this Chapter, and provided applicant is not less than thirty years of age.
No person shall be eligible for registration as a professional Land Surveyor, who is not of good character, and reputation.
Nonpracticing Applicants.
Any person having the necessary qualifications prescribed in this Chapter to entitle him to registration shall be eligible for such registration although he may not be practicing his profession at the time of making his application.
§ 2723. Applications and references
Applications for registration shall —
(1) Be on forms prescribed and furnished by the Board;
(2) Contain statements made under oath, showing the applicant's education and detail summary of his technical work; and
(3) Contain not less than five references, of whom three or more shall be land surveyors having personal knowledge of his land surveying experience.
(a) The registration fee for land surveyors, which shall accompany application, shall be $10.
(b) Should the Board deny the issuance of a certificate of registration to any applicant, the initial fee deposited shall be retained as an application fee.
(a) When oral or written examinations are required, they shall be held at such time and place as the Board shall determine.
(b) The scope of the examinations and the methods of procedure shall be prescribed by the Board for the purpose of
determining the qualifications of applicants for registration in land surveying.
(c) A candidate failing on examination may apply for reexamination at the expiration of six months and will be reexamined without payment of additional fee. Subsequent examination will be granted upon payment of a fee to be determined by the Board.
§ 2726. Certificates and seals
(a) The Board shall issue a Certificate of Registration upon payment of registration fee as provided for in Section 2724 of this title, to any applicant, who, in the opinion of the Board, has satisfactorily met all the requirements of this Chapter. The Certificate shall authorize the practice of 'Land Surveying'.
Certificates of Registration shall —
(1) Show the full name of the Registrant;
(2) Have a serial number; and
(3) Be signed by the Chairman and the Secretary of the Board under seal of the Board.
(b) The issuance of a Certificate of Registration by the Board shall be prima facie evidence that the person named therein is entitled to all of the rights and privileges of a Registered Land Surveyor, while the Certificate remains unrevoked or unexpired.
(c) Each Registrant shall upon registration obtain a seal of the design authorized by the Board, bearing the Registrant's name and the legend 'Registered Land Surveyor'. Plats approved by a Registrant shall be stamped with such seal when filed with public authorities, during the life of the Registrant's Certificate, but no person shall stamp or seal any documents with such seal after the Certificate of the Registrant named thereon has expired or has been revoked, unless such Certificate shall have been renewed or reissued.
(d) No department, institution, commission, board or body
of the State Government, or any political subdivision thereof, being the depository or having the custody of any plan or specification involving Professional Land Surveying shall receive or file the same unless there shall be attached thereto the Certificate and seal of a Land Surveyor licensed pursuant to the provisions of this Chapter.
§ 2727. Licenses for persons practicing prior to this amendment
(a) Certificates of Registration which, under authority of law, were issued to Professional Land Surveyors upon application therefor made before this amendment shall be valid for life payment of the annual registration fees as provided in this subchapter.
The Board may, upon application therefor, and the payment of a fee of $10, issue a certificate of registration as a professional land surveyor to any person who holds a certificate of qualification or registration issued to him by proper authority of any state or territory or possession of the United States, or of any country, provided that the requirements for the Registration of Land Surveyors under which such Certificate of Qualification or Registration was issued do not conflict with the provisions of this Chapter and are of a standard not lower than that specified in this Chapter.
§ 2729. Expirations and renewals
Certificates of Registration issued before July 1, 1970 shall expire on the last day of the month of June following their issuance and shall become invalid on that date unless renewed. Certificates of Registration issued after July 1, 1970 shall expire on the last day of the month of June in the uneven year after their issuance and shall become invalid on that date unless renewed.
Beginning July 1, 1970, and every two years thereafter, the Secretary of the Board shall notify every person registered under this Chapter of the date of expiration of this Certificate and the amount of the fee that shall be required for its renewal for two years.
Secretary of the Board shall notify the person registered under this Chapter of the date of expiration of this Certificate and the amount of fee that shall be required for its renewal for one year.
All notices shall be mailed at least one month in advance of the date of expiration of such Certificate.
Renewal may be effected at any time during the month of July by the payment of a renewal fee of
$6.00 bi-annually for professional land surveyors. The failure on the part of any registrant to renew his Certificate bi-annually in the month of July as required by this Section shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a Certificate after the month of July shall be increased fifty cents for each month or fraction of a month that payment of renewal is delayed. The maximum for delayed renewal shall not exceed twice the normal renewal fee.
The first payment due for professional land surveyors during the uneven year shall be one-half of the bi-annual fee.
§ 2730. Revocation of certificate
(a) The Board may revoke the certificate of registration of any registrant who is found guilty of —
(I) The practice of any fraud or deceit in obtaining a certificate of registration.
(2) Any gross negligence, incompetency, or misconduct in the practice of professional land surveying as a registered professional land surveyor.
(b) Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary of the Board.
(c) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within three months after the date on which they shall have been preferred.
(d) The time and place for the hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or sent by registered mail to the last known address of the Registrant, at least thirty days before the date fixed for the hearing. At any hearing, the accused Registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense.
(e) If, after such hearing, two or more members of the Board vote in favor of finding the accused guilty, the Board shall revoke the Certificate of Registration of such Registered Professional Land Surveyor.
§ 2731. Reissuance and replacement of certificate
The Board, for reasons it may deem sufficient, may reissue a Certificate of Registration to any person whose Certificate has been revoked providing two or more members of the Board vote in favor of such reissuance.
A new Certificate of Registration, to replace any Certificate revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the Board. A charge of $3 shall be made for such issuance.
Any person who feels aggrieved by an action of the Board in denying or revoking his Certificate of Registration may appeal therefrom to the Superior Court of the County in which such person resides and, after full hearing, such Court shall make such decree sustaining or reversing the action of the Board as to it seems just and proper.
§ 2733. Persons
not affected by chapter
This chapter shall not be construed to prevent or to affect —Other Professions or trades
(1) The practice of any other legally recognized profession or trade; or
(2) The practice of a person not a resident of and having no established place of business in this State, practicing or offering to practice herein the Profession of Land Surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year; provided such person is legally qualified by Registration to practice such profession in his own state or country in which the requirements and qualifications for obtaining a Certificate of Registration are not lower than those specified in this chapter; or
(0) The practice of a person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than thirty days in any calendar year the Profession of Land Surveying, if he shall have filed with the Board an application for a Certificate of Registration and shall have paid the fee required by this Chapter; provided, that such a person is legally qualified by registration to practice such profession in his own state or country in which the requirements and qualifications for obtaining a Certificate of Registration are not lower than those specified in this chapter. Such practice shall continue only for such time as the Board requires for the consideration of the application for Registration; or
Employees and Subordinates
(1) The work of an employee or a subordinate of a person holding a Certificate of Registration under this chapter or an employee of a person practicing lawfully under paragraphs (2) or (3) of this section; provided such work does not include responsible charge and is done under the direct responsibility, checking, and supervision of a person holding a Certificate of Registration under this chapter, or a person practicing lawfully under paragraphs (2) or (3) of the section;
Government Officers and Employees
(2) The practice of officers and employees of the Government of the United States while engaged within this State in the practice of the profession of Land Surveying, for such Government.
(6) The establishment of grades for lands, buildings and roads by an architect registered in this State, when the establishment of such grades is incidental to what may be properly considered to be an architectural project.
§ 2734. Professional Land Surveyors to be employed for public work
Neither this State, nor any of its political subdivisions, such as counties, incorporated cities and towns, school districts or other agencies shall engage in the construction of any public work involving professional Land Surveying, unless the plans and specifications and estimates have been prepared by, and the construction executed under the direct supervision of a registered Professional Land Surveyor.
§ 2735. Violations and penalties; enforcement
Whoever practices or offers to practice Professional Land Surveying in this State without being registered in accordance with the provisions of this chapter; or
Whoever presents or attempts to use as his own the Certificate or Registration or the seal of another; or
Whoever gives any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration; or
Whoever falsely impersonates any other Registrant of like or different name; or
Whoever attempts to use an expired or revoked Certificate or Registration; or
Whoever violates any of the provisions of this chapter —
The Superior Court of the State of Delaware shall have exclusive original jurisdiction of any violation of this Chapter notwithstanding any provision of the Delaware Code to the contrary.