Delaware Code Title 24 Sec. 213 – Grounds for discipline; procedure
(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 214 of this title if, after a hearing, the Board finds:
(1) That the practitioner has employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice landscape architecture;
(2) Illegal, incompetent or negligent conduct in the practice of landscape architecture;
(3) Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);
(4) That the practitioner has been convicted of a crime that is substantially related to the practice of landscape architecture;
(5) That the practitioner, as a landscape architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities;
(6) That the practitioner has violated a lawful provision of this chapter, or any lawful regulation established thereunder.
Terms Used In Delaware Code Title 24 Sec. 213
- Board: shall mean the Delaware State Board of Landscape Architecture. See Delaware Code Title 24 Sec. 201
- 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.
- Landscape architect: shall mean a person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted and holds a current certificate entitling the person to use the designation "landscape architect" and practices landscape architecture in this State under the authority of this chapter. See Delaware Code Title 24 Sec. 201
- 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
- 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
(b) A practitioner shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:
(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;
(2) Temporary emotional disorder or mental illness; or
(3) Permanent emotional disorder or mental illness.
(c) If a practitioner’s physical or mental capacity to practice safely is at issue in a nondisciplinary remedial proceeding, the Board may order the practitioner to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render a practitioner liable to temporary suspension or revocation of license in accordance with § 214 of this title.
(d) Where a practitioner fails to comply with the Board’s request that the practitioner submit to an examination or attending a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue such order.
(e) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board; and no practitioner’s right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act [29 Del. C. § 10101 et seq.].
60 Del. Laws, c. 190, § ?1; 63 Del. Laws, c. 461, § ?13; 67 Del. Laws, c. 385, § ?1; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 262, § ?8;