Delaware Code Title 24 Sec. 2706 – Powers and duties
(a) The Board of Professional Land Surveyors shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State [Chapter 101 of Title 29]. 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 and process all applications;
(3) Designate a written, standardized, national examination prepared by either the national professional association or by a recognized national testing service and approved by the Division, to be taken by all persons applying for licensure; the national examination shall be taken by all persons applying for licensure, except applicants who qualify for licensure by reciprocity;
(4) Designate a written, 2-hour examination on drainage and the Delaware law, prepared by an independent testing agency and approved by the Director of the Division. All persons applying for licensure, including those applicants for licensure by reciprocity, shall take the examination on drainage and Delaware law;
(5) Adopt the administration, grading procedures and passing score set by the national professional association or testing service;
(6) Evaluate the credentials of all persons applying for a license to practice land surveying in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.
(7) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure and/or renewal of licenses;
(8) Establish by rule and regulation continuing education standards required for license renewal;
(9) Evaluate certified records to determine whether an applicant for licensure who has been previously licensed, certified or registered in another jurisdiction to practice land surveying has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses.
(10) Refer all complaints from licensees and the public concerning professional land surveyors or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;
(11) Conduct hearings and issue orders in accordance with procedures established pursuant to the Administrative Procedures Act (Chapter 101 of Title 29);
(12) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
Terms Used In Delaware Code Title 24 Sec. 2706
- 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 State Board of Professional Land Surveyors established in this chapter. See Delaware Code Title 24 Sec. 2702
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 2702
- 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.
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 2702
- Practice of land surveying: shall mean professional services or work involving special knowledge and application of the principles of mathematics and related sciences and the relevant requirement of law in connection with the use and development of land, as described herein:
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 2702
- Subpoena: A command to a witness to appear and give testimony.
- 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 practice of land surveying. See Delaware Code Title 24 Sec. 2702
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.
(c) The Board may establish minimum technical or general standards to regulate the practice of land surveying within the State and may establish minimum requirements for the continuing education of registrants.
(d) Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.
(e) In carrying into effect this chapter, the Board, under the hand of its Chairperson and the seal of the Board, may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents or other pertinent data in any disciplinary matter or in any case wherever a violation of this chapter is alleged. Upon failure or refusal to comply with any such order of the Board or upon failure to honor its subpoena as herein provided, the Board may present its petition to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person, requiring attendance and testimony before such Court and the submission of such books, papers, documents or other pertinent data as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.
(f) The amount to be charged for each fee imposed under this chapter shall approximately and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
(g) The Board of Professional Land Surveyors shall promulgate regulations identifying those crimes which are substantially related to the practice of land surveying.
43 Del. Laws, c. 286, § ?8; 24 Del. C. 1953, § ?2706; 58 Del. Laws, c. 501, § ?2; 61 Del. Laws, c. 434, § ?1; 63 Del. Laws, c. 101, § ?3; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 265, § ?1; 74 Del. Laws, c. 262, § ?51; 75 Del. Laws, c. 327, § ?1; 75 Del. Laws, c. 373, § ?1;