Delaware Code Title 24 Sec. 3612 – Grounds for discipline
(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 3614 of this title, if, after a hearing, the Board finds that the geologist:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a geologist; has impersonated another person holding a license, or allowed another person to use that practitioner’s license, or aided or abetted a person not licensed as a geologist to represent himself or herself as a geologist;
(2) Has illegally, incompetently or negligently practiced geology;
(3) Has been convicted of a crime that is substantially related to the practice of geology;
(4) A copy of the record of conviction certified by the Clerk of the Court entering the conviction shall be conclusive evidence therefor;
(5) Has excessively used or abused drugs either in the past 2 years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a geologist;
(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;
(7) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(8) Has had that practitioner’s license as a geologist 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 one or more of the acts defined in this chapter. Every person licensed as a geologist in this State shall be deemed to have given consent to the release of this information by the Board of Geologists or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(9) Has failed to notify the Board that the practitioner’s license as a geologist 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
(10) Has a physical condition such that the performance of geology is or may be injurious or prejudicial to the public.
Terms Used In Delaware Code Title 24 Sec. 3612
- Board: shall mean the State Board of Geologists established in this chapter. See Delaware Code Title 24 Sec. 3602
- 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.
- Excessive use or abuse of drugs: shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person's ability to perform the work of a geologist. See Delaware Code Title 24 Sec. 3602
- Fraud: Intentional deception resulting in injury to another.
- Geologist: shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines. See Delaware Code Title 24 Sec. 3602
- 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. 3602
- Practice of geology: shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. See Delaware Code Title 24 Sec. 3602
- 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
- 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 geology. See Delaware Code Title 24 Sec. 3602
(b) Where a practitioner fails to comply with the Board’s request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order.
(c) Subject to 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 geology 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 [Chapter 101 of Title 29].
24 Del. C. 1953, § ?3610; 58 Del. Laws, c. 477; 61 Del. Laws, c. 477, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 298, § ?1; 74 Del. Laws, c. 262, § ?79;