Sections
Subchapter I General Provisions 3101 – 3107
Subchapter II Powers and Duties; Administrative Provisions 3121 – 3133
Subchapter III Delaware State Employment Service 3151 – 3154
Subchapter IV Special Funds 3161 – 3166

Terms Used In Delaware Code > Title 19 > Chapter 31

  • AASM: shall mean the American Academy of Sleep Medicine or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799U
  • ABGC: shall mean the American Board of Genetic Counseling or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799H
  • ABMG: shall mean the American Board of Medical Genetics or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799H
  • Active roster: shall mean the record of members, associate members, permittees and holders of a certificate of authorization. See Delaware Code Title 24 Sec. 1799I
  • Adjunct member: shall mean an adjunct member of the Association, as defined in § 2806(d) of this title. See Delaware Code Title 24 Sec. 1799I
  • Administrative order: means an order issued by an investigating committee, with the prior approval of the Council pursuant to § 2824(b)(1)g. See Delaware Code Title 24 Sec. 1799I
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate member: shall mean an affiliate member of the Association, as defined in § 2806(c) of this title. See Delaware Code Title 24 Sec. 1799I
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: shall mean a person who applies to become licensed as a professional engineer, applies to become certified as engineer intern, applies to become an adjunct member of the association, or applies for a certificate of authorization or permit. See Delaware Code Title 24 Sec. 1799I
  • Applicant: shall mean :

    a. See Delaware Code Title 19 Sec. 3152

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate member: shall mean an associate member of the Association, as defined in § 2806(b) of this title. See Delaware Code Title 24 Sec. 1799I
  • Association: shall mean the Delaware Association of Professional Engineers. See Delaware Code Title 24 Sec. 1799I
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1797
  • Board: shall mean the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799H
  • Board: shall mean the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799U
  • Board: means the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799FF
  • BRPT: shall mean the Board of Registered Polysomnographic Technologists or its successor organization. See Delaware Code Title 24 Sec. 1799U
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Bylaw: shall mean a bylaw of the Association. See Delaware Code Title 24 Sec. 1799I
  • Certificate: shall mean , for the purposes of this chapter, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Delaware Code Title 19 Sec. 3152
  • Certificate of authorization: shall mean an authorization issued by the Council to engage in the practice of engineering. See Delaware Code Title 24 Sec. 1799I
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Client: means a woman under the care of a midwife and, when applicable in the context of care, the newborn. See Delaware Code Title 24 Sec. 1799FF
  • College or university: shall mean any nonprofit college in the State which is accredited by the appropriate regional accrediting agency. See Delaware Code Title 19 Sec. 3101
  • Commissioner: shall mean the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3152
  • Committee: shall mean a committee appointed by the Council. See Delaware Code Title 24 Sec. 1799I
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consent order: means a voluntary agreement between parties attempting resolution of a complaint of a violation under § 2823 of this title or a complaint of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 1799I
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing professional competency: shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering. See Delaware Code Title 24 Sec. 1799I
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Acupuncture Advisory Council. See Delaware Code Title 24 Sec. 1797
  • Council: means the Polysomnography Advisory Council. See Delaware Code Title 24 Sec. 1799U
  • Council: shall mean the Council of the Association. See Delaware Code Title 24 Sec. 1799I
  • Council: means the Midwifery Advisory Council. See Delaware Code Title 24 Sec. 1799FF
  • CPM: means a practitioner who has received certification by the North American Registry of Midwives (NARM) or its equivalent or successor. See Delaware Code Title 24 Sec. 1799FF
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Dependent children: shall include stepchildren, adopted children and children to whom the deceased stood in loco parentis, if members of the decedent's household at the time of death. See Delaware Code Title 19 Sec. 3101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Engineer: shall mean a person who, by reason of 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, through graduation with a baccalaureate degree from a Council-approved 4-year educational program in engineering, in engineering technology or in science related to engineering, is qualified to begin the path to licensure. See Delaware Code Title 24 Sec. 1799I
  • Engineer intern: shall mean a person certified as an engineer intern by the Council. See Delaware Code Title 24 Sec. 1799I
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Examination: shall mean any qualifying examination or examinations required by this chapter. See Delaware Code Title 24 Sec. 1799I
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • General supervision: means that the licensed polysomnographer works under the supervision of a person licensed to practice medicine, whether by direct observation and monitoring, by protocols approved by a person licensed to practice medicine, or by orders written or verbally given by a person licensed to practice medicine. See Delaware Code Title 24 Sec. 1799U
  • Genetic counselor: means an individual who engages in the competent practice of genetic counseling. See Delaware Code Title 24 Sec. 1799H
  • Group long-term care insurance: shall mean a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

    a. See Delaware Code Title 19 Sec. 3152

  • Health benefit plan: means any hospital or medical expense policy or certificate, hospital or medical service corporation contract, health maintenance organization or health service corporation subscriber contract or any other similar health contract, including a high deductible medical expense policy used in conjunction with a medical savings account, subject to the jurisdiction of the Commissioner available for use, offered or sold to an individual in the State of Delaware. See Delaware Code Title 19 Sec. 3165
  • Hearing committee: means a committee of Council members to which the Council has delegated authority to adjudicate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 1799I
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Home birth: means a birth outside of a hospital or an otherwise accredited or licensed hospital or medical facility. See Delaware Code Title 24 Sec. 1799FF
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Investigating committee: means a committee of the Council to which the Council has delegated authority to investigate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 1799I
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means , unless the context requires otherwise, a license issued by the Board to practice acupuncture. See Delaware Code Title 24 Sec. 1797
  • License: shall mean any document which indicates that a person is currently licensed by the Board of Medical Licensure and Discipline to practice genetic counseling. See Delaware Code Title 24 Sec. 1799H
  • License: shall mean any document which indicates that a person is currently licensed by the Board to practice polysomnography. See Delaware Code Title 24 Sec. 1799U
  • License: means , unless the context requires otherwise, a license issued by the Board to practice midwifery. See Delaware Code Title 24 Sec. 1799FF
  • Licensed: means licensure as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 1799I
  • Licensee: shall mean a person licensed as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 1799I
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means cash advances or loans to be paid to or for the account of the borrower. See Delaware Code Title 5 Sec. 2214
  • Long-term care insurance: shall mean any insurance policy or rider advertised, marketed, offered or designed to provide coverage for not less than 12 consecutive months for each covered person on an expense incurred, indemnity, prepaid or other basis, for 1 or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services, provided in a setting other than an acute care unit of a hospital. See Delaware Code Title 19 Sec. 3152
  • Member: shall mean a member of the Association, as defined in § 2806(a) of this title. See Delaware Code Title 24 Sec. 1799I
  • Midwife: means a person who practices midwifery. See Delaware Code Title 24 Sec. 1799FF
  • Midwifery: means the practice of providing supervision, care, and advice to a client during prepartum, pregnancy, labor, and the postpartum periods, and conducting deliveries on the midwife's own responsibility or in collaboration with a licensed physician, or licensed Delaware health-care delivery system. See Delaware Code Title 24 Sec. 1799FF
  • Midwifery student: means a person who is enrolled in an accredited educational program and who may provide midwifery services as a part of that person's educational program. See Delaware Code Title 24 Sec. 1799FF
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • NSGC: means the National Society of Genetic Counselors or an organization that is recognized as equivalent

    (9) The "practice of genetic counseling" shall include any or all of the following activities:

    a. See Delaware Code Title 24 Sec. 1799H

  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases from participating merchants and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases from participating merchants and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of any day and, if the agreement providing the plan so provides, may include the amount of any interest and additional charges, including late or delinquency charges, which have accrued to the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 2214
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permanent disability: shall mean a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty; provided, however, that said permanent disability must be sufficient to disable the covered firefighter so that the firefighter is unable to do the work normally required for the job or employment which he or she held at the time he or she was disabled. See Delaware Code Title 19 Sec. 3123
  • Permit: shall mean a temporary privilege to practice engineering in the State granted to a qualified individual, corporation, or partnership by the Council. See Delaware Code Title 24 Sec. 1799I
  • Permittee: shall mean an individual, corporation or partnership holding a valid permit from the Association. See Delaware Code Title 24 Sec. 1799I
  • Personal property: All property that is not real property.
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 2214

  • Policy: shall mean , for the purposes of this chapter, any policy, contract, subscriber agreement, rider or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital or medical service corporation; prepaid health plan; health maintenance organization or any similar organization. See Delaware Code Title 19 Sec. 3152
  • Polysomnographer: means an allied health professional, practicing polysomnography under the direction of a person licensed to practice medicine, who is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the human sleep wake cycle. See Delaware Code Title 24 Sec. 1799U
  • Practice of acupuncture: means the use of needles with or without electrical stimulation for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health. See Delaware Code Title 24 Sec. 1797
  • practice of genetic counseling: shall include any or all of the following activities:

    a. See Delaware Code Title 24 Sec. 1799H

  • Practice of polysomnography: means the performance of any of the following tasks as directly related to the diagnosis and treatment of sleep-related disorders, under the general supervision of a licensed physician:

    a. See Delaware Code Title 24 Sec. 1799U

  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional engineer: shall mean a person who has been duly licensed as a professional engineer by the Council. See Delaware Code Title 24 Sec. 1799I
  • Program: means the Delaware Small Employer Reinsurance Program created by § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Responsible charge: means a professional engineer's supervision of, control over, and possession of detailed professional knowledge of an engineering work. See Delaware Code Title 24 Sec. 1799I
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retired member: shall mean a person who has elected to claim retired status as defined in § 2806(g) of this title. See Delaware Code Title 24 Sec. 1799I
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Small employer: means any person, firm, corporation, partnership or association that is actively engaged in business that, on at least 50% of its working days during the preceding calendar quarter, employed no more than 50 eligible employees, the majority of whom were employed within this State. See Delaware Code Title 19 Sec. 3165
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantially related: shall mean the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of engineering. See Delaware Code Title 24 Sec. 1799I
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to practice engineering: includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, 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, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public. See Delaware Code Title 24 Sec. 1799I
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307