(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2714 of this title after a hearing, the Board finds that the land surveyor:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a land surveyor; has impersonated another person holding a license or registration or allowed another person to use that land surveyor’s license, or aided or abetted a person not licensed as a land surveyor to represent himself or herself as a land surveyor;

(2) Has been convicted of a crime that is substantially related to the practice of land surveying; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(3) Has excessively used or abused drugs;

(4) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(5) Has engaged in illegal, incompetent or grossly negligent conduct in the practice of land surveying;

(6) Has violated a lawful provision of this chapter or any lawful regulation established thereunder;

(7) Has had that land surveyor’s license, certification or registration as a land surveyor suspended or revoked or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a land surveyor in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(8) Has failed to notify the Board that the land surveyor’s license or registration as a land surveyor in another state has been subject to discipline or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or

(9) While acting as a supervising land surveyor, has failed to supervise and take reasonable steps to see that unlicensed persons acting under the supervising land surveyor’s direction or control perform services responsibly, competently and ethically, in accordance with rules and regulations established by the Board. Supervising land surveyors shall be subject to disciplinary action for any acts or offenses which are grounds for such action when such acts or offenses are undertaken by unlicensed persons acting under the supervising land surveyor’s direction or control; or

(10) Has practiced or offered to practice as a land surveyor when the practitioner’s license has expired or lapsed.

Terms Used In Delaware Code Title 24 Sec. 2712

  • Board: shall mean the State Board of Professional Land Surveyors established in this chapter. See Delaware Code Title 24 Sec. 2702
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • 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.
  • 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:

    a. See Delaware Code Title 24 Sec. 2702

  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 2702
  • 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

(b) Subject to the provisions of this chapter and 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 land surveying 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.

43 Del. Laws, c. 286, § ?20; 24 Del. C. 1953, § ?2730; 58 Del. Laws, c. 501, § ?2; 61 Del. Laws, c. 434, § ?5; 63 Del. Laws, c. 101, §§ ?6-8; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 265, § ?1; 74 Del. Laws, c. 262, § ?53; 75 Del. Laws, c. 327, § ?6; 76 Del. Laws, c. 170, § ?6;

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