(a) The Board shall have authority to:

(1) Formulate rules and regulations relating to official seals and other matters, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this chapter;

(2) Designate the application form to be used by all applicants for licensure, subject to the approval of the Director of the Division of Professional Regulation, and to process all applications;

(3) Designate a written national examination, prepared by either the national professional association or by a recognized legitimate national testing service. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The national examination shall be taken by persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Provide for the administration of all examinations, including notice and information to applicants;

(5) Under such conditions as are permitted by the national testing service, administer the uniform national examination, or another nationally-administered examination for those applicants who have been unable to take it at the school or college of landscape architecture, or elsewhere;

(6) Grant licenses to all persons who meet the qualifications for licensure;

(7) Refer complaints received from practitioners and from the public, concerning practitioners or practices of the profession, to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29;

(8) If an investigation under § 8735 of Title 29 indicates that a disciplinary hearing is appropriate, to conduct such hearing in accordance with this chapter; with the provisions of § 8735(h) of Title 29; and with the applicable provisions of the Administrative Procedures Act [Chapter of 101 of Title 29];

(9) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate penalties or sanctions after time for appeal has lapsed;

(10) Bring proceedings in the courts for the enforcement of this chapter;

(11) Maintain complete records relating to meetings, applications, examinations, rosters, changes in the Board’s rules and regulations, complaints, hearings and other matters within the Board’s jurisdiction, except for those matters or subjects where the records are maintained by the Division of Professional Regulation;

(12) Formulate rules and regulations relating to continuing education requirements for practitioners; and

(13) Require, by subpoena, the attendance and testimony of witnesses and the production of papers, records and other documentary evidence.

Terms Used In Delaware Code Title 24 Sec. 205

  • 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: shall mean the Delaware State Board of Landscape Architecture. See Delaware Code Title 24 Sec. 201
  • 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.
  • 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.
  • Landscape architecture: shall mean any service or creative work the adequate performance of which requires landscape architectural education, training and experience. See Delaware Code Title 24 Sec. 201
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantially related: means the nature of 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 landscape architecture. See Delaware Code Title 24 Sec. 201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b) The authority, powers and duties of the Board set forth in this section shall not be construed to include the computation or collection of fees and charges; formulation or administration of examinations; reimbursement of expenses; rules and regulations concerning public meetings; investigation of complaints; or any other powers or duties reserved to the Division of Professional Regulation in accordance with § 8735 of Title 29.

(c) The Board of Landscape Architecture shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of landscape architecture.

60 Del. Laws, c. 190, § ?1; 63 Del. Laws, c. 461, § ?5; 67 Del. Laws, c. 385, § ?1; 68 Del. Laws, c. 91, § ?3; 70 Del. Laws, c. 309, § ?2; 74 Del. Laws, c. 262, § ?6;

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