Delaware Code Title 16 Sec. 139 – Certification and procedures for animal welfare officers
(a) A person who acts as a certified animal welfare officer without certification from the Department is subject to penalties pursuant to § 107 of this title. For purposes of this subchapter, “animal welfare officer” means any person qualified to act pursuant to § 1325 of Title 11 and § 3041F of this title.
Terms Used In Delaware Code Title 16 Sec. 139
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) The Department may, by endorsement and without written examination, certify an animal welfare officer who has completed a training program that meets the educational requirements for certification defined by the Department and if, in the opinion of the Department or its designee, the applicant meets the qualifications specified by this chapter for an animal welfare officer.
(c) Dog control and animal cruelty educational programs. — (1) Any organization or institution desiring to conduct an animal welfare officer education program shall apply to the Department and submit satisfactory evidence that it is ready and qualified to instruct students in the prescribed basic curriculum for certifying animal welfare officers and that it is prepared to meet other standards which may be established by the Department.
(2) If the Department determines that any approved educational program is not maintaining the standards required by this chapter and by the Department, written notice thereof, specifying the deficiency and the time within which the same shall be corrected, shall immediately be issued to the program. The Department shall withdraw such programs approval if it fails to correct the deficiency. The organization or institution may reapply for approval to the Department once the program meets standards established by the Department.
(d) The Department may impose sanctions defined in this chapter singly or in combination when it finds a certified or former certified animal welfare officer committed any offense described below:
(1) Engages in fraud or deceit in procuring or attempting to procure a certification/license;
(2) Is guilty of a crime against person or property;
(3) Has been found by an employer to be unfit or incompetent;
(4) Has had a certification or license to serve as an animal welfare officer suspended or revoked in any jurisdiction; or
(5) Has wilfully or negligently violated this chapter.
(e) The Department shall establish procedures for documenting all complaints and conducting investigations of complaints filed against animal welfare officers that may result in sanctions.
(f) Disciplinary sanctions are as follows:
(1) Permanently revoke a certification or license to be an animal welfare officer;
(2) Refuse a certification or certification renewal;
(3) Suspend a certification or license;
(4) Place a certification or license on probationary status and require licensee to: report regularly to the Department upon the matters which are the basis of probation; limit practice to those areas prescribed by the Department; or continue or renew professional education until satisfactory degree of skill has been attained in those areas which are the basis of the probation;
(5) Issue a letter of reprimand; and
(6) Require additional training.
79 Del. Laws, c. 375, §§ ??3, 5; 80 Del. Laws, c. 248, § ?9;