CHAPTER 412

FORMERLY

SENATE BILL NO. 352

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 28, TITLE 24, DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2803(13), Title 24, Delaware Code by adding thereto the following to the sentence:

"and 'Applicant' shall mean a person who applies to become registered as a professional engineer, applies to become certified as Engineer Intern, or applies for a Certificate of Authorization or Permit."

Section 2. Amend §2810, Title 24, Delaware Code by substituting the word "matter" for the word "case" immediately following the words "in a" and further inserting after the word "involving" the words "an application for registration,"

Section 3. Amend §2816, Title 24, Delaware Code by inserting the word

"applicants," between the word "All" and the word "members" and further striking the period "." at the end of the second sentence and inserting the following language: "or in seeking to register as a professional engineer or seeking certification as an Engineer Intern".

Section 4. Amend §2817(7), Title 24, Delaware Code by adding thereto a new subsection (e) to read as follows:

"(e) Used improper means to gain information usable by the applicant on or in connection with a written examination taken by the applicant to obtain registration as a professional engineer or certification as an Engineer Intern."

Section 5. Amend §2823(a), Title 24, Delaware Code by inserting after the words "review the" the words "actions and representations of any applicant as well as the" and further inserting the words "refuse registration" between the words "to" and "warn" as they appear in the second sentence of said subsection (a)

Section 6. Amend §2824(c), Title 24, Delaware Code by inserting the word "applicant," between the word "accused" and the word "individual" as the same appears in the second sentence and further striking the word "Counsel" and inserting the word "counsel".

Section 7. Amend §2824(d), Title 24, Delaware Code by inserting between the words "refuse to" and the word "renew" the words "grant or" in the first sentence and by inserting in the same sentence therein the word ", certification" immediately after the word "registration".

Section 8. Amend §2824(e), Title 24, Delaware Code by inserting the words "applicant, or a" immediately after the word "individual".

Section 9. Amend §2825, Title 24, Delaware Code by inserting immediately after the seventh paragraph of (3) thereof the following paragraph:

"Any applicant who misstates or misrepresents any fact in connection with his or her application or any such applicant who uses improper means to gain information usable by such applicant on or in connection with a written examination taken by the applicant to obtain registration as a professional engineer or certification as an Engineer Intern shall be in violation of the provisions of this chapter."

Section 10. Amend §2808(c), Title 24, Delaware Code by adding at the end of said subsection (c) the following new sentence:

"Each term of office of the appointed Council members shall expire on the date specified In the appointment, however, the Council member shall

remain eligible to participate in Council proceedings unless and until replaced by the Governor."

Section 11. Amend §2811(b)(1), Title 24, Delaware Code by adding at the end of said subsection (b)(1) the following new sentence:

"A declared vacancy of an appointed Council position may, upon a majority vote of Council, be temporarily filled by the former Council member until a new person meeting the qualifications required to hold that appointed Council seat is appointed by the Governor."

Section 12. Amend §2811(b)(2), Title 24, Delaware Code by inserting

between the word "filled" and the word "by" the following words: "either by the former Council member or".

Section 13. Amend §2817(4)(a)(2), Title 24, Delaware Code by striking the period "." immediately following the word "case" and inserting the following "; or".

Section 14. Amend §2817(7)(a), Title 24, Delaware Code by inserting after the semicolon ";" the word "or".

Section 15. Amend §2817(7)(b), Title 24, Delaware Code by inserting after the semicolon ";" the word "or".

Section 16. Amend §2816, Title 24, Delaware Code by adding at the end thereof the following:

"Copies of the code of ethics shall also be sent to prospective applicants as a part of their application materials."

Approved July 14, 1994.