Terms Used In Delaware Code > Title 24 > Chapter 25 > Subchapter II - Licensure

• Adjunct member: shall mean an adjunct member of the Association, as defined in § 2806(d) of this title. See Delaware Code Title 24 Sec. 2803
• Administrative order: means an order issued by an investigating committee, with the prior approval of the Council pursuant to § 2824(b)(1)g. See Delaware Code Title 24 Sec. 2803
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate member: shall mean an affiliate member of the Association, as defined in § 2806(c) of this title. See Delaware Code Title 24 Sec. 2803
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Associate member: shall mean an associate member of the Association, as defined in § 2806(b) of this title. See Delaware Code Title 24 Sec. 2803
• Association: shall mean the Delaware Association of Professional Engineers. See Delaware Code Title 24 Sec. 2803
• Bylaw: shall mean a bylaw of the Association. See Delaware Code Title 24 Sec. 2803
• Certificate of authorization: shall mean an authorization issued by the Council to engage in the practice of engineering. See Delaware Code Title 24 Sec. 2803
• Committee: shall mean a committee appointed by the Council. See Delaware Code Title 24 Sec. 2803
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent order: means a voluntary agreement between parties attempting resolution of a complaint of a violation under § 2823 of this title or a complaint of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing professional competency: shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering. See Delaware Code Title 24 Sec. 2803
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: shall mean the Council of the Association. See Delaware Code Title 24 Sec. 2803
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Engineer intern: shall mean a person certified as an engineer intern by the Council. 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.
• Examination: shall mean any qualifying examination or examinations required by this chapter. See Delaware Code Title 24 Sec. 2803
• Fraud: Intentional deception resulting in injury to another.
• 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
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Licensed: means licensure as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 2803
• 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
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal property: All property that is not real property.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional engineer: shall mean a person who has been duly licensed as a professional engineer by the Council. See Delaware Code Title 24 Sec. 2803
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Responsible charge: means a professional engineer's supervision of, control over, and possession of detailed professional knowledge of an engineering work. See Delaware Code Title 24 Sec. 2803
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Substantially related: shall mean 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 engineering. See Delaware Code Title 24 Sec. 2803
• to practice engineering: includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public. See Delaware Code Title 24 Sec. 2803
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302