Delaware Code Title 24 Sec. 2810 – Powers of the Council
(a) The Council, under the head of the Council President or the President’s designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney’s fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted.
Terms Used In Delaware Code Title 24 Sec. 2810
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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.
- Hearing committee: means a committee of Council members to which the Council has delegated authority to adjudicate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
- Investigating committee: means a committee of the Council to which the Council has delegated authority to investigate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
- 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.
- Licensee: shall mean a person licensed 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
- Subpoena: A command to a witness to appear and give testimony.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council.
(c) The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
(d) Except as provided for in § 2804 of this title the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns.
(e) The Council may, in its sole discretion, delegate its authority to investigate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to an investigating committee.
(f) The Council may, in its sole discretion, delegate its authority to adjudicate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to a hearing committee in accordance with § 2824(b)(2) of this title.
24 Del. C. 1953, § ?2810; 58 Del. Laws, c. 501, § ?1; 69 Del. Laws, c. 412, § ?2; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 267, § ?1; 75 Del. Laws, c. 93, § ?1; 76 Del. Laws, c. 291, § ?10;