Delaware Code Title 24 Sec. 2806 – Membership
(a) All persons licensed as professional engineers on July 7, 1972, or hereafter licensed as professional engineers and who are residents of or are employed in or have a place of business within the State, and who subscribe to the code of ethics in accordance with § 2816 of this title, are members of the Association. Members shall be entitled to vote as provided by this chapter.
Terms Used In Delaware Code Title 24 Sec. 2806
- Active roster: shall mean the record of members, associate members, permittees and holders of a certificate of authorization. See Delaware Code Title 24 Sec. 2803
- Adjunct member: shall mean an adjunct member of the Association, as defined in § 2806(d) of this title. See Delaware Code Title 24 Sec. 2803
- Applicant: shall mean a person who applies to become licensed as a professional engineer, applies to become certified as engineer intern, applies to become an adjunct member of the association, or applies for a certificate of authorization or permit. See Delaware Code Title 24 Sec. 2803
- Associate member: shall mean an associate member of the Association, as defined in § 2806(b) of this title. See Delaware Code Title 24 Sec. 2803
- Association: shall mean the Delaware Association of Professional Engineers. See Delaware Code Title 24 Sec. 2803
- Bylaw: shall mean a bylaw of the Association. See Delaware Code Title 24 Sec. 2803
- Certificate of authorization: shall mean an authorization issued by the Council to engage in the practice of engineering. See Delaware Code Title 24 Sec. 2803
- Continuing professional competency: shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering. See Delaware Code Title 24 Sec. 2803
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: shall mean the Council of the Association. See Delaware Code Title 24 Sec. 2803
- Engineer: shall mean a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by an engineering education, through graduation with a baccalaureate degree from a Council-approved 4-year educational program in engineering, in engineering technology or in science related to engineering, is qualified to begin the path to licensure. See Delaware Code Title 24 Sec. 2803
- Licensed: means licensure as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 2803
- Member: shall mean a member of the Association, as defined in § 2806(a) of this title. See Delaware Code Title 24 Sec. 2803
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Retired member: shall mean a person who has elected to claim retired status as defined in § 2806(g) of this title. See Delaware Code Title 24 Sec. 2803
- 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
- to practice engineering: includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public. See Delaware Code Title 24 Sec. 2803
(b) All other persons licensed as professional engineers, and who subscribe to the code of ethics in accordance with § 2816 of this title, are associate members of the Association and shall not be entitled to vote.
(c) All persons certified as engineer interns within the State on July 7, 1972, or who are hereafter certified as engineer interns, and who subscribe to the code of ethics in accordance with § 2816 of this title, are affiliate members of the Association and shall not be entitled to vote. Affiliate members may use the title “Engineer”, “Engineer intern” or “E.I.”
(d) All persons meeting the definition of engineer, as set forth in § 2803(14) of this title, and who subscribe to the code of ethics in accordance with § 2816 of this title, who are residents or employed in or have a place of business in the State, are adjunct members of the Association and shall not be entitled to vote. Adjunct members may use the title “Engineer.”
(e) Fees. — (1) All fees for licensure, membership and renewals shall be in accordance with the bylaws, as approved by the members in accordance with this chapter.
(2) All fees required under the provisions of this section shall be nonreturnable and nontransferable.
(3) Reinstatement fees for professional engineers and holders of certificates of authorization shall be required for return from the inactive roster to the active roster. Reinstatement fees shall be established by bylaw and shall include any unpaid supplemental levies assessed prior to removal from the active roster.
(4) The Council may, whenever the Association has incurred an operating deficit, make a supplemental levy in order to eliminate such deficit. Each member, associate member and each holder of a certificate of authorization shall be assessed in direct proportion to their rate of annual renewal and the total amount assessed shall be the amount of the deficit. Fractional assessments shall be raised to the next highest even dollar amount. The amount assessed against any person pursuant to this paragraph shall not exceed the annual renewal fee paid by such person under this chapter. Such supplemental levy shall be a debt against those assessed and shall be billed only at the time when the annual renewal fees are billed and must be paid within 3 months. Those failing to pay within 3 months shall be declared ineligible to practice engineering in the State and shall be removed from the active roster. Reinstatement will not be allowed until the reinstatement fee has been paid in full.
(f) Expiration and renewals. — (1) Members, associate members, adjunct members, and holders of certificates of authorization shall be billed for renewal fees 60 days before expiration of the period for which fees have been paid. If fees are not paid by the expiration date, the member, associate member or holder of a certificate of authorization shall be declared ineligible to practice engineering in the State and shall be removed from the active roster.
(2) Any applicant, associate member, adjunct member, engineering corporation or partnership whose application is approved shall be billed for fees for the quarter-year in which approved and for any remaining full quarters in the Association’s licensure period.
(3) Any member, associate member, or holder of certificate of authorization on the active roster who intends to withdraw from the practice of engineering in the State shall notify the Secretary of the Council in writing. That name will then be removed from the active roster and be placed in an inactive status file. That name may be reinstated to active status by a request for reinstatement, in writing, within 4 years of that removal from the active roster, to the Secretary of the Council, by payment of a reinstatement fee and by compliance with and satisfaction of the current continuing professional competency guidelines and requirements. After the expiration of the 4-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title. Any member, associate member or holder of a certificate of authorization in inactive status shall be ineligible to practice engineering in the State.
(4) Any member, associate member, or holder of a certificate of authorization who has not given notice of withdrawal and whose name has been removed from the active roster because of a delinquency in payment of fees, may be reinstated upon petition to the Council within 2 years of the removal from the active roster and by payment of the reinstatement fees plus any delinquency fees. After the expiration of the 2-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title.
(g) Any member, associate member or adjunct member in good standing on the active roster who intends to retire from the practice of engineering in the State shall notify the Secretary of the Council in writing on a form provided to such member by Council at such member’s request. Following the filing of this form with the Secretary of Council, the member’s name will be removed from the active roster and placed in a retired status file. Retired members shall not be required to pay their biennial membership fee and shall be exempted from any continuing professional competency requirements. Any member, associate member or adjunct member in retired status shall be ineligible to practice engineering in the State, however, a retired member shall be entitled to utilize the term “P.E. (ret.)” in any signature and shall be entitled to vote provided they are residents of the State and subscribe to the code of ethics in accordance with § 2816 of this title. After being placed on the retired status file, the retired member may not apply for reinstatement.
24 Del. C. 1953, § ?2806; 58 Del. Laws, c. 501, § ?1; 61 Del. Laws, c. 467, § ?1; 69 Del. Laws, c. 43, §§ ?3-8; 74 Del. Laws, c. 267, § ?1; 76 Del. Laws, c. 291, §§ ?7-9; 78 Del. Laws, c. 162, § ?1; 79 Del. Laws, c. 112, § ?1; 80 Del. Laws, c. 178, § ?1; 81 Del. Laws, c. 193, § 1;