Delaware Code Title 24 Sec. 1821 – Qualifications of applicant — Heating, ventilation, air …
(a) An applicant for licensure as a master HVACR licensee, or master HVACR restricted licensee, must submit evidence, satisfactory to the Board and verified by oath or affirmation, that the applicant:
(1) Has received a journeyman’s certificate issued in any state following completion of an HVACR, or HVACR restricted apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standards and, thereafter, performed HVACR, or HVACR restricted services for 2 years under the supervision of a master HVACR licensee, or master HVACR restricted licensee, or an individual holding a similar level of licensure in another state; or has performed HVACR or HVACR restricted services for 7 years under the supervision of a master HVACR licensee or master HVACR restricted licensee or an individual holding a similar level of licensure in another state and, thereafter, successfully completed the apprenticeship equivalency test approved by the Board and administered by a Delaware vocational-technical school;
(2) Has achieved the passing score on a written, standardized examination, designated by the Board and approved by the Division, for licensure as a Delaware master HVACR licensee or master HVACR restricted licensee after fulfilling the experience and/or training requirements of this section;
(3) Has been certified at the appropriate level for handling chlorofluorocarbons (CFC’s) by a testing organization approved by the Environmental Protection Agency;
(4) Has not received any administrative penalties regarding that applicant’s practice, including, but not limited to, fines, formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, and consent agreements which contain conditions placed by a Board on the applicant’s occupational conduct or practice, including the voluntary surrender of a license, certificate, registration, or other authorization to provide HVACR services. The Board may determine after a hearing whether the imposition of a particular administrative penalty is grounds to deny licensure;
(5) Does not have an impairment related to drug or alcohol use that would limit that applicant’s ability to provide HVACR or HVACR restricted services in a manner that is not detrimental to the health, safety, or welfare of the public;
(6) Does not have any disciplinary proceedings or unresolved complaints pending against that applicant in any jurisdiction where that applicant has previously been or is currently authorized to provide HVACR or HVACR restricted services; and
(7) Does not have a criminal conviction record for a crime that is substantially related to providing HVACR or HVACR restricted services. After a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(7) if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, Board President, or the Board President’s designee determines that the granting of a waiver would not create an unreasonable risk to public safety.
a.-d. [Repealed.]
(8) Notwithstanding the time limitation set forth in § 8735(x)(4), has not been convicted of a felony sexual offense.
Terms Used In Delaware Code Title 24 Sec. 1821
- 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.
- 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.
- Board: means the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners. See Delaware Code Title 24 Sec. 1802
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 1802
- 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.
- HVACR: means heating, ventilation, air conditioning, and refrigeration. See Delaware Code Title 24 Sec. 1802
- HVACR restricted services: means HVACR services that are limited to 1 of the following specialties:
- HVACR services: means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment including gas piping in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems. See Delaware Code Title 24 Sec. 1802
- 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.
- License: means a document issued by the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners certifying that the holder has met the requirements of this chapter and is a master plumber, master HVACR licensee, or master HVACR restricted licensee. See Delaware Code Title 24 Sec. 1802
- Quorum: The number of legislators that must be present to do business.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Substantially related: means 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 work of a master plumber, master HVACR licensee, or master HVACR licensee restricted. See Delaware Code Title 24 Sec. 1802
- Supervision: means control and oversight by a master licensee who is an owner or full-time employee of the entity providing services. See Delaware Code Title 24 Sec. 1802
(b) The Board may waive the requirements of paragraph (a)(4) or (7) of this section for good cause.
(c) Each applicant shall provide the information requested on the application form approved by the Board. All evidence of experience must be submitted by affidavit on forms approved by the Board. An application form may not require an applicant to submit a photograph of himself or herself, or information related to citizenship, place of birth, length of state residency, or personal references.
(d) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General’s Office for further action.
(e) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed a higher or different standard to the applicant than to other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court.
(f) [Repealed.]
75 Del. Laws, c. 296, § ?1; 70 Del. Laws, c. 186, § ?1; 76 Del. Laws, c. 192, §§ ?8-10; 77 Del. Laws, c. 199, § ?13; 78 Del. Laws, c. 44, §§ ?26, 27; 82 Del. Laws, c. 197, § 2; 83 Del. Laws, c. 433, § 12;