Delaware Code Title 24 Sec. 4441 – Grounds for discipline
(a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 4443 of this title, if, after a hearing, the Board finds that the practitioner:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a manufactured home installer or a certificate as a manufactured home installation inspector; has impersonated another person holding a license or certificate, or allowed another person to use that manufactured home installer’s license or manufactured home installation inspector‘s certificate, or aided or abetted a person not licensed as a manufactured home installer or certified as a manufactured home installation inspector to represent himself or herself as a manufactured home installer or manufactured home installation inspector.
(2) Has illegally, incompetently or negligently practiced manufactured home installation or manufactured home installation inspection.
(3) Has been convicted of a crime that is substantially related to the practice of manufactured home installation or manufactured home installation inspection. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof.
(4) 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 practitioner, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a manufactured home installer or manufactured home installation inspector.
(5) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(6) Has had that practitioner’s manufactured home installer’s license or manufactured home installation inspector’s certificate 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 1 or more of the acts defined in this chapter. Every person licensed as a manufactured home installer or certified as a manufactured home installation inspector in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction, and to have waived all objections to the admissibility of previously adjudicated evidence of such acts or offenses.
(7) Has failed to notify the Board that the manufactured home installer’s license or manufactured home installation inspector’s certificate 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.
(8) Has failed to comply with a lawful board order.
Terms Used In Delaware Code Title 24 Sec. 4441
- Board: means the Manufactured Home Installation Board. See Delaware Code Title 24 Sec. 4403
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 4403
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Installation: means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. See Delaware Code Title 24 Sec. 4403
- Installer: means any person who is engaged in the business of performing manufactured housing installations as they are defined above. See Delaware Code Title 24 Sec. 4403
- 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.
- Manufactured home installation inspector: means any person who holds a manufactured home installation inspector's certificate issued pursuant to this chapter. See Delaware Code Title 24 Sec. 4403
- Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4403
- 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 person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer. See Delaware Code Title 24 Sec. 4403
(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license or certificate shall be restricted, suspended, or revoked by the Board, and no practitioner’s right to practice manufactured home installation or manufactured home installation inspection 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. Notice shall be accomplished by mail to the last address of record provided by the practitioner. It is the practitioner’s responsibility to notify the Division of a change of address within 15 days of that change.
75 Del. Laws, c. 213, § ?1; 70 Del. Laws, c. 186, § ?1; 79 Del. Laws, c. 171, § ?1;