(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of architecture regulated by this chapter without having lawfully obtained a license or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person’s license has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.

Terms Used In Delaware Code Title 24 Sec. 317

  • Architect: shall mean any person who engages in the practice of architecture as hereinafter defined. See Delaware Code Title 24 Sec. 302
  • Board: shall mean the Board of Architects established by § 8735(a)(3) of Title 29 and this chapter. See Delaware Code Title 24 Sec. 302
  • Certificate of registration: shall mean any document which indicates that a person is currently registered with the Board of Architects. See Delaware Code Title 24 Sec. 302
  • Practice of architecture: shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts. See Delaware Code Title 24 Sec. 302
  • Registered architect: shall mean an architect holding a current certificate of registration. See Delaware Code Title 24 Sec. 302

(b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board’s discretion.

(c) Where the Board has placed a registered architect on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the registered architect, the Board may, after a hearing on the matter, suspend or revoke the registered architect’s certificate of registration.

(d) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.

38 Del. Laws, c. 60, § ?14; Code 1935, § ?904; 24 Del. C. 1953, § ?312; 62 Del. Laws, c. 344, § ?1; 64 Del. Laws, c. 1, § ?1; 68 Del. Laws, c. 144, § ?1; 75 Del. Laws, c. 261, §§ ?5, 6; 77 Del. Laws, c. 225, §§ ?12, 13;