(a) Where the Board has reason to believe that a person is practicing as a veterinary technician within this State 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, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice as a veterinary technician as defined in this chapter the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

Terms Used In Delaware Code Title 24 Sec. 3323

  • Board: shall mean the State Board of Veterinary Medicine established in this chapter. See Delaware Code Title 24 Sec. 3302
  • 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. 3302
  • 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.
  • 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.
  • State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3302
  • Veterinary technician: shall mean a person who has received a degree from a veterinary technician program or its equivalent. See Delaware Code Title 24 Sec. 3302

(b) A person not currently licensed as a veterinary technician under this chapter, when guilty of practicing as a veterinary technician, or using in connection with the licensee’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice as a veterinary technician, such offender upon the first offense, shall be fined not less than $200 nor more than $400 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this subchapter.

75 Del. Laws, c. 295, § ?39;