CHAPTER 267

FORMERLY

SENATE BILL NO. 282

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE PROFESSIONAL ENGINEERS ACT.

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

WHEREAS, because the field of engineering is highly technical and complex and the recipients of professional engineering services do not normally have adequate expertise by which they might be able to evaluate the services rendered by a professional engineer; and

WHEREAS, because of these complexities, the qualifications of a professional engineer should be established and evaluated by other engineers; and

WHEREAS, it is in the best interests of the public property, health, safety and welfare that the evaluation of an engineer and the control of the practice of engineering be vested in members of the engineering profession; and

WHEREAS, this Act constitutes a new departure and experience in the field of state regulatory procedure, being the first of its kind in the Nation, wherein the First State of the Nation delegates to a professional association the powers, duties and responsibilities of self- regulation;

NOW, THEREFORE,

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

Section 1. Amend Title 24 of the Delaware Code by deleting the existing Chapter 28 in its entirety and by substituting in lieu thereof, a new Chapter 28 to read as follows:

“CHAPTER 28. PROFESSIONAL ENGINEERS

§2801. Short title.

This chapter shall be known and may be cited as the ‘Delaware Professional Engineers Act.’

§2802. Declaration of purpose; unlawful practice.

In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering in this State; to use in connection with his name, by verbal claim, sign, advertisement, letterhead, card or to in any other way, represent himself to be an engineer, a professional engineer or through the use of some other title imply that he is a professional engineer licensed under this chapter; or to advertise any title or description tending to convey the impression that he is a professional engineer unless such person has been duly licensed, authorized or exempted under this chapter. The right to engage in the practice of engineering shall be deemed a personal right based on the qualifications of the individual as evidenced by his certificate of licensure, which shall not be transferable .

§2803. Definitions.

(a) The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them, except where the context clearly indicates a different meaning;

(1) ‘Active Roster’ shall mean the record of members, associate members, , permittees and holders of a certificate of authorization.

(2) ‘Adjunct member’ shall mean an adjunct member of the Association, as defined in §2806(d).

(3) ‘Affiliate member’ shall mean an affiliate member of the Association, as defined in §2806 (c).

(4) ‘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.

(5) ‘Associate member’ shall mean an associate member of the Association, as defined in §2806 (b).

(6) ‘Association’ shall mean the Delaware Association of Professional Engineers.

(7) ‘Bylaw’ shall mean a bylaw of the Association.

(8) ‘Certificate of authorization’ shall mean an authorization issued by the Council to engage in the practice of engineering.

(9) ‘Committee’ shall mean a committee appointed by the Council.

(10) ‘Council’ shall mean the Council of the Association.

(11) ‘Engineer’ shall mean a person who, by reason of his 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.

(12) ‘Engineering corporations or partnerships’ are corporations or partnerships who practice engineering to provide engineering services to the public.

(13) ‘Engineer Intern’ shall mean a person certified as an engineer intern by the Council.

(14) ‘Examination’ shall mean any qualifying examination or examinations required by this chapter.

(15) ‘Licensed’ means licensure as a professional engineer under this chapter.

(16)‘Licensee’ shall mean a person licensed as a professional engineer under this chapter.

(17) ‘Member’ shall mean a member of the Association, as defined in §2806 (a).

(18) ‘Permit’ shall mean a temporary privilege to practice engineering in the State granted to a qualified individual, corporation, or partnership by the Council.

(19) ‘Permittee’ shall mean an individual, corporation or partnership holding a valid permit from the Association.

(20) ‘Practice of engineering’ or ‘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.

(21) ‘Professional engineer’ shall mean a person who has been duly licensed as a professional engineer by the Council.

(22) ‘Responsible Charge’ shall mean direct supervisory control of the engineering work.

(23) ‘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 one or more of the duties or responsibilities necessarily related to the practice of engineering.

§2804. Delaware Association of Professional Engineers; Objectives.

There is hereby established the Delaware Association of Professional Engineers, an instrumentality of the State of Delaware. The objectives of the Association and of this chapter are to: regulate the practice of engineering; to provide for the licensure of qualified persons as professional engineers and the certification of engineer interns; to define the terms “engineer”, “professional engineer”, “engineer intern” and “the practice of engineering”; to create an organization to regulate the practice of engineering; to provide and administer qualifying examinations and grant licensure to qualified persons as professional engineers; to provide for the appointment and election of members to the governing body of this Association; to define the power and duties of the Council; to set forth the minimum qualifications and other requirements for licensure as a professional engineer, certification as an engineer intern, the granting of a permit to practice engineering, and the granting of a certificate of authorization; to set rules for the establishment of fees, expiration requirements and renewal requirements; and to provide for the enforcement of this chapter together with penalties for violations of the provisions of this chapter.

§ 2805. Ownership and use of property.

The Association may purchase, acquire, or receive by gift or bequest for the purposes of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease, or otherwise dispose of any said property.

§ 2806. Membership

(a) All persons licensed as professional engineers on July 7, 1972 or hereafter licensed as professional engineers and who are residents of or are employed in or have a place of business within the State, and who subscribe to the code of ethics in accordance with §2816, are members of the Association. Members shall be entitled to vote as provided by this chapter.

(b) All other persons licensed as professional engineers, and who subscribe to the code of ethics in accordance with §2816, are associate members of the Association and shall not be entitled to vote.

(c) All persons certified as engineer interns within the State on July 7, 1972 or who are hereafter certified as engineer interns, and who subscribe to the code of ethics in accordance with §2816, are affiliate members of the Association and shall not be entitled to vote. Affiliate members may use the titles ‘Engineer’, ‘Engineer Intern’ or ‘E.I.’

(d) All persons meeting the definition of engineer, as set forth in §2803(11), and who subscribe to the code of ethics in accordance with §2816, who are residents or employed in or have a place of business in the State, are adjunct members of the Association and shall not be entitled to vote. Adjunct members may use the title ‘Engineer’.

(e) Fees.

(1) All fees for licensure, membership and renewals shall be in accordance with the Association Bylaws, as approved by the members in accordance with this chapter.

(2) All fees required under the provisions of this section shall be nonreturnable and nontransferable.

(3) Reinstatement fees for professional engineers and holders of certificates of authorization shall be required for return from the inactive roster to the active roster. Reinstatement fees shall be established by bylaw and shall include any unpaid supplemental levies assessed prior to removal from the active roster.

(4) The Council may, whenever the Association has incurred an operating deficit, make a supplemental levy in order to eliminate such deficit. Each member, associate member and each holder of a certificate of authorization shall be assessed in direct proportion to their rate of annual renewal and the total amount assessed shall be the amount of the deficit. Fractional assessments shall be raised to the next highest even dollar amount. The amount assessed against any person pursuant to this paragraph shall not exceed the annual renewal fee paid by such person under this chapter. Such supplemental levy shall be a debt against those assessed and shall be billed only at the time when the annual renewal fees are billed and must be paid within 3 months. Those failing to pay within 3 months shall be declared ineligible to practice engineering in the Sate and shall be removed from the active roster. Reinstatement will not be allowed until the reinstatement fee has been paid in full.

(f) Expiration and renewals.

(1) Members, associate members, adjunct members, and holders of certificates of authorization shall be billed for renewal fees 30 days before expiration of the period for which fees have been paid. If fees are not paid within 3 months after the expiration date, the member, associate member or holder of a certificate of authorization shall be declared ineligible to practice engineering in the State and shall be removed from the active roster.

(2) Any applicant, associate member, adjunct member, engineering corporation or partnership whose application is approved shall be billed for fees for the quarter-year in which approved and for any remaining full quarters in the Association’s licensure period.

(3) Any member, associate member, or holder of certificate of authorization on the active roster who intends to withdraw from the practice of engineering in the State shall notify the Secretary of the Council in writing. That name will then be removed from the active roster and be placed in an inactive status file. That name may be reinstated to active status by a request for reinstatement, in writing, within ten years of that removal from the active roster, to the Secretary of the Council and by payment of a reinstatement fee. After the expiration of the ten year period, reinstatement may be obtained only by reapplying for licensure pursuant to §2817 of this Title. Any member, associate member or holder of a certificate of authorization in inactive status shall be ineligible to practice engineering in the State.

(4) Any member, associate member, or holder of a certificate of authorization who has not given notice of withdrawal and whose name has been removed from the active roster because of a delinquency in payment of fees, may be reinstated upon petition to the Council within two years of the removal from the active roster and by payment of the reinstatement fees plus any delinquency fees. After the expiration of the two year period, reinstatement may be obtained only by reapplying pursuant to §2817 of this Title.

§2807. Council of the Delaware Association of Professional Engineers.

(a) There shall be a Council which will be the governing board of the Association. The Council shall consist of 15 voting members, 12 of whom shall be elected, and 3 of whom shall be appointed by the Governor. The immediate past president, if not an elected member of Council, shall be a non-voting member of Council. A quorum of the Council shall be a majority of the seated members of the Council.

(b) The 12 elected members shall be elected and hold office on the basis of the following constituencies:

(1) One shall be from each of the following 5 engineering disciplines: Civil, chemical, electrical, mechanical and any other;

(2) One shall be from each of the following fields of employment: Government, industry, private consulting practice and education: and

(3) One shall be from each of the 3 counties: New Castle, Kent and Sussex.

(c) Of the three appointed members, one shall be from each of the three counties. New Castle, Kent and Sussex.

(d) (1) A person elected as a Council member shall, at the time of election, and during the term of office, be a citizen of the United States of America, a resident of the State, a member of the Association and be qualified to represent the constituency from which the person was elected.

(2) A person appointed as a Council member shall, at the time of appointment, and during the term of office, be a citizen of the United States of America and a resident of the State and of the county for which the appointment is designated.

(e) The term of office for members of Council shall, unless otherwise specified, be four (4) years. A member of Council, whether appointed or elected, may not serve more than two (2) consecutive terms on the Council.

(f) Three members of Council shall be elected each year for a four (4) year term to fill vacancies in the field of discipline, field of employment and county of residence. Each Council vacancy will be designated by discipline, field of employment or county of residence in accordance with the constituency designation specified in subsection (b) of this section and each designated vacancy will be voted upon separately by members of the Association. A candidate for Council must announce at the time of nomination or petition the vacancy for which that candidate is seeking election and the candidate must be qualified by discipline, field of employment or residence to fill the vacancy for which that candidate is seeking election. For purposes of election, the candidate discipline shall be that shown on the roster, the field of employment shall be that held by the candidate and the county of residence shall be that of the candidate at the time of nomination or petition as well as at the time of election. The terms of office for Council members shall commence on September 1 of the year elected or appointed and shall expire on August 31, of the year ending the term.

§2808. Council election and appointment procedure.

(a) The schedule for the election of the twelve (12) elected members shall be as follows:

(1) Three members representing the constituencies of: civil engineering, industry and New Castle County shall be elected in 1978 and every four years thereafter.

(2) Three members representing the constituencies of: electrical engineering, private consulting practice and Kent County shall be elected in 1979 and every four years thereafter.

(3) Three members representing the constituencies of: mechanical engineering, education and Sussex County shall be elected in 1980 and every four years thereafter.

(4) Three members representing the constituencies of: chemical engineering, government and any other engineering discipline not previously designated shall be elected in 1981 and every four years thereafter.

(b) The schedule for the appointment of the three (3) appointed members shall be as follows:

(1) One member from New Castle County shall be appointed in 1994 and every four years thereafter.

(2) One member from Kent County shall be appointed in 1993 and every four years thereafter.

(3) One member form Sussex County shall be appointed in 1991 and every four years thereafter.

(c) All appointments to the Council shall be made by the Governor in accordance with the above schedule and with the requirements of § 2807 of this title. 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.

(d) The twelve Council members shall be elected by members of the Association by means of a letter ballot returned within thirty (30) days after the mailing thereof. The members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position.

§2809. Election of annual officers.

The President, Vice-President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice-President may serve more than 2 consecutive 1-year terms in office.

§2810. Powers of the Council.

In carrying into effect the provisions of this chapter, the Council, under the head of the Council President and seal of the Council, may subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., in a matter involving an application for licensure, the revocation of licensure or practicing or offering to practice without licensure.

Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council.

If any person refuses to obey any subpoena so issued or refuses to testify or produce any books, papers or documents, the Council may present its petitions to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person requiring his attendance before such Court, and there to testify or to produce such books, papers and documents as may be deemed necessary and pertinent by the Council.

Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.

The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced.

Except as provided for in §2804 the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns.

§2811. Council vacancies.

(a) Where any member of Council is absent from three consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council.

(b) When any member of Council resigns, dies, moves his or her residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes his or her engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes his or her field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes his or her county of residence if elected to fill a county residency position, the office shall be declared vacant.

(c) A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat. 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.

(d) A declared vacancy of an elected Council seat shall be temporarily filled either by the former Council member or by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence, upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term.

§2812. Administration.

The Council may appoint or employ such administrative officials as it deems fit.

§2813. Legal liabilities of the Council.

(a) No action or other legal proceedings for damages shall be instituted against the Council or against any Council member or official of the Council for any act done in good faith and in the performance or intended performance of any duty or in the intended performance of any power granted under this chapter or any bylaw of this chapter or for any neglect or default in the performance or exercise in good faith of any such duty or power.

(b) The Attorney General shall represent the Council, any Council member, and at the express request of the Council, any person appointed or employed by the Council in a civil action against such person arising from services for the State of Delaware. If any Attorney General determines he is unable to represent the Council, or any Council member or any person whom he is requested by the Council to represent, and in all criminal actions, §3925 of Title 10 of the Delaware Code shall apply.

§2814. Bylaws of the Association.

(a) The Council shall prepare for approval by the membership the following bylaws related to the administrative and domestic duties of the Association:

(1) Prescribing procedures for the nomination of members of Council by a nominating committee and by the nomination by members;

(2) Prescribing procedures for the election of members of the Council;

(3) Prescribing procedures for the nomination and election of Council President, Vice-President, Secretary and Treasurer by the Council;

(4) Prescribing the duties of members of the Council and rules governing their conduct;

(5) Respecting the remuneration and reimbursement of members of the Council;

(6) Respecting the calling, holding and conducting of meetings of the Council and of the Association;

(7) Respecting the management of the property of the Association;

(8) Providing for the borrowing of money on the credit of the Association and the charging, mortgaging or pledging of the real or personal property of the Association to secure any money borrowed or other debt or other obligation or other liability of the Association;

(9) Respecting the receipt and disbursement of the funds of the Association and the investment of funds in a savings account which must be in a bank located within the State for the purpose of earning interest on the investment;

(10) Respecting the establishment of a reserve fund within a year of the initial election of Council for emergency or unforeseen expenses;

(11) Providing for an annual independent audit of the accounts of the Association;

(12) Providing for the appointment of committees of the Council and defining their composition, functions, remuneration and reimbursement;

(13) Providing for the closing of the active roster and the recording of changes of addresses or disciplines of the licensees for a period of 20 calendar days immediately preceding any meeting of the Association or any mailing of ballots for vote or election by the membership;

(14) For maintaining a system for the recording of licensees , their disciplines, their residence and business addresses and the counties in which they are resident, recording of the names and addresses of official representative of engineering corporations and partnerships, and other pertinent data. The active roster of the Association shall be available to the membership;

(15) Fixing and providing for the levying and collection or remitting of annual or other fees approved by the members in accordance with this chapter.

(16) Prescribing applications, certificates, permits and seals and providing for their issuance and use;

(17) Concerning bonding of officers of the Council and employees of the Association;

(18) Respecting all other things that are deemed necessary or convenient for the attainment of the objectives of the Association and the efficient conduct of its business.

§2815. Bylaw approval by members.

A bylaw is effective when approved by the members. Proposed bylaws or changes shall be submitted to the members for approval by means of a letter ballot returned by not less than 20 percent of the members within 30 days after the mailing thereof. Affirmative votes by the majority of members voting within the prescribed time shall constitute approval by the members.

§2816. Code of Ethics.

(a) The Council shall prepare and publish a code of ethics designed for the protection of the public.

(b) All applicants, members, associate members, affiliate members, adjunct members, holders of certificate of authorization and permittees must subscribe to and follow this code of ethics in the practice of professional engineering, or in seeking to register as a professional engineer or seeking certification as an Engineer Intern.

(c) Copies of the code of ethics shall be provided to each member , associate member, affiliate member, adjunct member and permittee and shall be available free of charge to the public. Copies of the code of ethics shall also be sent to prospective applicants as a part of their application materials.

§2817. Requirements for licensure.

(a) The following requirements shall be considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer:

(1) Graduates from an engineering educational program approved by the Engineering Accreditation Commission (EAC) of ABET, Inc. (formerly the Accreditation Board for Engineering and Technology) or from an ABET recognized foreign accreditation agency approved educational program.

a. Graduation with a baccalaureate degree from an engineering educational program accredited by the EAC of ABET, Inc. or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of a written examination totaling 16 hours and meeting the additional requirements of §2817(5).

(2) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering.

a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 8 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of written examination totaling 16 hours, and meeting the additional requirements of §2817(5).

(3) Engineering Experience and Examination.

a. Professional experience in engineering work of a character satisfactory to the Council, consisting of 15 years or more of lawful practice and indicating that the applicant is competent to practice as a professional engineer; and

b. Successful passing of written examinations totaling 16 hours and meeting the additional requirements of §2817(5).

(4) Comity.

a. The Council may, upon application and payment of the required fee and without further examination, issue a license as a professional engineer to any person holding a valid certificate of registration or a license as a professional engineer issued to that person by a proper authority of a state, territory or possession of the United States, the District of Columbia, or a province of territory of Canada, provided the applicant’s qualifications meet at least one of the following:

1. The professional engineering qualifications of the applicant on the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State on that date.

2. The professional engineering qualifications of the applicant at any time subsequent to the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State in effect at that time. A personal interview may be required by Council to ascertain the facts in the case.

3. The professional engineering qualifications of the applicant include successful passing of written examinations totaling 16 hours, meeting the additional requirements of §2817(5) , and having a minimum of 10 years of professional experience in engineering work of a character satisfactory to the Council, such experience indicating that the applicant is competent to practice as an engineer. Such experience shall have been obtained in states, territories or possessions of the United States, the District of Columbia, or provinces or territories of Canada, and at least 8 years of it shall have been obtained after the applicant has received the said valid certificate of registration or a license .

4. The professional engineering qualifications of the applicant include a minimum of 10 years of continuous and verifiable experience as a professional engineer . Such experience shall have been obtained in a state, territory, or possession of the United States, the District of Columbia, or a province or territory of Canada. The applicant must meet the additional requirements of subsections (5) (a) and (7) and must not have been subject to disciplinary action in the current or previous licensing jurisdictions.

b. A person holding a valid NCEES Council Record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration Record together with the usual application form and fee from the applicant.

c. If the person who has been licensed in Delaware pursuant to paragraph a. or b. of this subdivision has his license to practice revoked in the state in which the person was registered or licensed at the time licensure in Delaware through comity was sought, then the authorization issued in Delaware shall be automatically revoked followed 30 days’ written notice from the Council unless the person makes application to the Council for consideration for retaining the Delaware authorization and the Council acts favorably on such application.

(5) Additional Requirements.

a. Every applicant shall give not less than 5 references, people who state that in their opinion and by their personal knowledge the applicant is qualified to practice as a professional engineer. At least 3 such references shall be registered or licensed professional engineers in this or any other state or territory or possession of the United States, the District of Columbia, or the province or territory of Canada.

b. An applicant, otherwise qualified, shall not be required to be actively practicing his profession at the time of his application.

c. Every applicant must demonstrate knowledge of the Delaware Professional Engineer’s Act and the Code of Ethics to the satisfaction of the Council.

d. The required 16-hour written examination shall consist of an 8-hour Fundamentals of Engineering examination and an 8-hour Principles and Practice of Engineering examination furnished by, and scored by, the National Council of Examiners for Engineering and Surveying, or other nationally normed examinations which are approved by the Council.

e . The examination in the Fundamentals of Engineering shall be taken after graduation, except it may be taken by a college or university senior in good academic standing in an educational program leading to a baccalaureate degree in engineering, related science or engineering technology. The Council may permit other students in such programs to take the Fundamentals of Engineering examination prior to graduation.

f. The examination in Principles and Practice of Engineering shall not be taken until after the completion of the professional experience requirement. The Council may waive this requirement in the case of an applicant who has previously passed the examination in any other state, territory, or possession of the United States, the District of Columbia, or province or territory of Canada.

(6) Applicants for licensure as a professional engineer shall be exempt from the requirement to pass the written 8 hour Fundamentals of Engineering Examination, if they are qualified as follows:

a. An individual holding an earned doctoral degree in engineering from a university, which has an ABET accredited undergraduate program in that discipline at the time that individual earned his/her doctoral degree, providing that doctoral degree required the passing of a Ph.D. qualifying examination from that university; or,

b. An individual holding a baccalaureate degree from a Council-approved 4 year engineering educational program , who has at least fifteen (15) years of professional experience in the lawful practice of engineering of a character satisfactory to the Council, and which indicates that the applicant is competent to practice as a professional engineer.

(7) The Council may refuse an applicant for licensure if the Council finds that the applicant has:

a. Been convicted of a crime that is substantially related to the practice to the practice of engineering; or

b. Misstated or misrepresented a fact in connection with his or her application; or

c. Been found guilty of a violation of the Delaware Association of Professional Engineers’ Code of Ethics; or

d. Engaged in the practice of engineering in this State without being licensed as a professional engineer, or

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 licensure as a professional engineer or certification as an Engineer Intern.

(8) Where an application of a person has been refused or rejected, and such applicant feels that the Council has acted without justification, has imposed higher or different standards for him or her than for other applicants, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

§2818. Experience and Educational Equivalence.

(a) The experience of a full-time faculty member teaching advanced engineering subjects in an ABET-accredited, or CEAB-accredited engineering curriculum may be accepted as part of the professional experience specified in §2817(1) or (2) of this title.

(b) The award of a master’s degree in engineering involving 1 year or more of post graduate study in an engineering educational program approved by the Council may be accepted as 1 year of professional experience required in §2817 of this title; or

(c) The award of a doctor’s degree in science or philosophy, with or without a master’s degree, involving full-time post-graduate study in an engineering educational program approved by the Council may be accepted as two years of professional experience required in §2817 of this Chapter.

§2819. Requirements for Certification as an Engineer Intern.

The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an engineer intern:

(a) Graduation with a baccalaureate degree from an engineering educational program accredited by the Accreditation Board of Engineering and Technology (ABET), or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures, or from a Council-approved educational program in engineering not accredited by ABET or an ABET-approved foreign educational program accreditation agency, engineering technology or science related to engineering; and

(1). Council-approved professional experience of 15 years or more; or

(2) Successful passing of an eight-hour written Fundamentals of Engineering examination.

§2820. Qualifications for a permit.

(a) Individuals not residing in this State, not having full-time employment in this State, and not having established a place of business for the practice of professional engineering within this State, who are legally qualified by licensure to practice engineering as defined within the chapter in the state, territory or possession of the United States, the District of Columbia, or province or territory of Canada where they reside or are in business, may make application to the Council in writing for a permit to practice professional engineering in this State.

(b) After payment of the fee established in the bylaws, the applicant may be issued a permit to practice engineering for a specific project. Such permit shall be limited to a specified time period, not to exceed 1 year, and shall be issued in writing upon authorization of the Council. The issuance of 1 such permit shall not mean that the Council will approve other permits nor shall such issuance result in any accrual of the right to practice engineering with respect to any other works not specified in the permit. Applicants for the permit must comply with all applicable state tax laws of Chapter 23 of Title 30 of the Delaware Code to the same extent as required by Delaware residents. Proof of compliance with all applicable state laws is required by the Council prior to actual issuance of permit.

(c) An engineering corporation or partnership may be issued a permit subject to the above limitations, provided that 1 of its officers or partners or 1 of its employees is designated as being in responsible charge of the engineering activities and decisions and holds a valid permit or is licensed under this chapter.

§ 2821. Certificate of authorization.

(a) An engineering corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, engineering as defined in this chapter.

(b) The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said engineering corporation or partnership:

(1) is designated as being in responsible charge of the engineering activities and engineering decisions of the said corporation or partnership; and

(2) is a licensee .

(c) All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be licensees . The requirements of this chapter shall not prevent an engineering partnership or corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations.

(d) An engineering corporation or partnership desiring a certificate of authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the engineering corporation or partnership and also of any licensee who shall be in responsible charge of the practice of engineering through the said engineering corporation or partnership, together with any other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within 30 days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a certificate of authorization to such engineering corporation or partnership, and such engineering corporation or partnership shall be authorized to contract for and to collect fees for furnishing engineering services.

(e) No such engineering corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of this compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of this employment or relationship with such corporation or partnership.

(f) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Council prior to the issuance of a certificate of authorization.

(g) A licensee who practices, or offers to practice, engineering under a name other than his or her licensed name is required to obtain a Certificate of Authorization, or to practice under a Certificate of Authorization.

§ 2822. Public works.

(a) The State, its political subdivisions, agencies, commissions and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this chapter, unless:

(1) The engineer, partnership or corporation which will perform and/or take responsibility for all engineering work , as identified in the proposal , is authorized to practice engineering under this chapter at the time of submission of the proposal; and

(2) The engineering study, drawings, specifications and estimates are prepared by, and the construction is executed under the responsible charge or direct supervision of a licensee or permittee.

(b) Any contract executed in violation of this section shall be null and void.

§2823. Disciplinary action; appeals.

(a) The Council shall have the power to review the action and representations of any applicant , adjunct member, or affiliate member, as well as the professional conduct of any individual, corporation or partnership authorized under this chapter to engage in the practice of engineering in Delaware. Following such review the Council shall have the power to require the successful completion of additional training or education courses and/or to refuse licensure , to warn or reprimand or censure or suspend for a period of time not exceeding 2 years or refuse to renew or revoke any authorization issued to use the term engineer or practice engineering in Delaware , to any individual, corporation or partnership found guilty of:

(1) The practice of any fraud or deceit in the attempt to obtain any authorization to practice engineering in this State.

(2) Any gross negligence, incompetence or misconduct in the practice of engineering.

(3) Violation of the code of ethics promulgated by the Council.

(4) A crime that is substantially related to the practice of engineering.

(5) An activity resulting in discipline by another jurisdiction, territory, District of Columbia, foreign country, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those contained in this section.

(6) Aiding or abetting another person in violating any provision of this Act.

(7) Signing, affixing the licensee’s seal, or permitting the licensee’s seal or signature to be affixed to any specifications, reports, drawings, plans, plats, design information, construction documents or calculations, or revision thereof, which have not been prepared by the licensee or those under his responsible charge.

(b) When disciplinary action requires the successful completion of additional training or education courses, Council shall determine the conditions of the additional training or education courses on a case-by-case basis, including, but not limited to, the type and number of hours of training or education. All training or education courses shall be related to the engineering profession and must be approved by Council.

(c) Any individual, corporation or partnership aggrieved by any disciplinary decision by Council may appeal such decision to the Superior Court. The appeal shall be filed within 30 days of the day the notice of the decision was mailed. The appeal shall be on the record without a trial de novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the Council for further proceedings on the record. The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the Council and of the purposes of the Delaware Professional Engineers’ Act under which Council has acted. The Court’s review, in the absence of actual fraud, shall be limited to determination of whether the Council’s decision was supported by substantial evidence on the record before it.

(d) When an action is brought in the Court for review of a Council decision, enforcement of such decision may be stayed by the Court only if it finds, upon a preliminary hearing, that the issues and facts presented for review are substantial and the stay is required to prevent irreparable harm.

(e) No appeal for relief of the Court shall be considered as having been taken or made until it has been filed with the Prothonotary and served upon the Council in accordance with the rules of the Court.

§2824. Disciplinary action; procedure.

(a) Any practitioner or member of the public who has a question or complaint concerning any aspect of the practice of engineering may, during the regular business hours of a business day, contact the Council or voice such a question at a regular business meeting of the Council.

(b) The Council shall investigate any complaint, written , oral or other form of communication, by an identified complainant; and shall follow through on those complaints which, upon investigation, appear to be valid and well-founded. The Council shall, within one week after receipt of the complaint, notify the complainant as to what action (if any) the Council intends to take in the matter. All charges preferred pursuant to complaints, unless dismissed by the Council as unfounded or trivial, shall be heard by the Council, or a committee appointed by the Council, within 3 months after the date on which such charges have been preferred.

(c) The time and place for such hearing shall be fixed by the Council or the Committee appointed by the Council, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on the accused, or sent by registered or certified mail to the last known address of such applicant, adjunct member, affiliate member, individual licensee , permittee, engineering corporation or partnership at least 20 days before the date fixed for the hearing. At any hearing, the accused applicant, individual licensee , permittee, engineering corporation or partnership shall have the right to appear in person or by counsel, or both, to cross-examine witnesses in defense against such charges, and to produce evidence and witnesses on behalf of the accused. If the accused person, engineering corporation or partnership fails or refuses to appear, the Council or committee appointed by the Council may proceed to hear and determine the validity of the charges.

(d) If, after such hearing, a majority of the seated Council vote in favor of sustaining the charges, the Council shall require the successful completion of additional training or education courses and/or reprimand, suspend, refuse to grant or renew, or revoke an individual’s authorization to use the term engineer, license , certification or permit, or may revoke an engineering corporation’s or partnership’s certificate of authorization. The written decision of the Council shall be delivered personally to the accused or sent by registered or certified mail to the last known address of the accused.

(e) Any individual applicant, adjunct member, affiliate member, licensee, or permittee having authorization to use the term engineer, license or a permit or any engineering corporation or partnership holding a certificate of authorization aggrieved by any action of the Council in denying, suspending, refusing to renew or revoke authorization to use the term engineer, a license, permit or certificate of authorization may appeal therefrom to the Superior Court within 30 days from the date the written decision of the Council is mailed .

(f) The Council may, upon petition of an adjunct member, affiliate member, individual licensee , permittee, engineering corporation or partnership holding a certificate of authorization, reissue authorization to use the term engineer, a license , permit or certificate of authorization; provided, however, that a majority of the seated members of the Council vote in favor of such issuance.

§2825. Penalties.

(a) Persons or engineering corporations or partnerships not licensed, not authorized by Council, or not holding a permit or certificate of authorization may not:

(1) Practice engineering as defined in this chapter.

(2) Use any name, title, description of designation, either orally or in writing, that will lead to the belief that such person is entitled to practice engineering as defined in this chapter, including without limitation the words “engineer” or “engineering” or any modification or derivative of those words.

(3) Advertise or hold oneself or conduct oneself in any way or in any such manner as to lead to the belief that such person is entitled to practice engineering.

(b) Each partner of a partnership and each officer or director of a corporation which practices engineering in violation of this chapter shall also be liable jointly and severally with and to the same extent as such partnership or corporation unless such partner, officer or director who is so liable sustains the burden of proof he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the violation is alleged to exist.

(c) Whoever practices or offers to practice engineering in this State without being licensed in accordance with the provisions of this chapter shall be in violation thereof.

(d) Whoever presents or attempts to use as his own license , certificate of authorization, permit or the seal of a professional engineer not his own shall be in violation of the provisions of this chapter.

(e) Whoever gives any false or forged evidence of any kind to the Council or to any member thereof in obtaining authorization to use the term engineer, a license , a certificate of authorization, or a permit shall be in violation of the provisions of this chapter.

(f) Whoever falsely impersonates any other adjunct member, affiliate member, licensee , holder of a certificate of authorization, or permittee with a similar or different name shall be in violation of the provisions of this chapter.

(g) Whoever attempts to use an expired or revoked authorization to use the term engineer, license , certificate of authorization or permit shall be in violation of the provisions of this chapter.

(h) 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 licensure as a professional engineer or certification as an Engineer Intern shall be in violation of the provisions of this chapter.

(i) Whoever violates any of the provisions of this chapter shall be fined not less than $500 nor more than $5,000 or be imprisoned not more than 6 months, or both.

(j) The Superior Court of the State of Delaware shall have exclusive original jurisdiction of any violation of this chapter, notwithstanding any provision of the Delaware Code to the contrary.

(k) This chapter shall not be construed to prevent or to affect:

(1) The work of an employee or a subordinate of a licensee or permittee, provided such work is done under the direct responsibility, checking and supervision of a licensee or permittee, or

(2) The practice of professional engineering by an architect legally licensed in this State when such practice is incidental to what may be properly considered an architectural project.

§2826. Injunctive relief.

Whenever it appears to the Council that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, it may in its discretion bring an action in the Court of Chancery to temporarily restrain or to enjoin the acts or practices and to enforce compliance with this chapter . Any permanent injunction granted by the Court of Chancery pursuant to this section shall include an award for the costs of the action and reasonable attorney’s fees to be paid by the defendant, with multiple defendants being jointly and severally liable for such costs and fees. The Court shall not require Council to post a bond.

§2827. Annual reports.

The Association shall submit annually to the Governor and the State Auditor an annual report, certified by a certified public accountant, detailing its income, expenses, assets and liabilities, as well as pertinent statistical and narrative information summarizing its regulatory activities, changes in modus operandi and progress made within its area of responsibility. The Association shall send notice to the General Assembly that such report was submitted to the Governor and the State Auditor.

§2828. Applicability of Freedom of Information Act.

(a) The Association and the Council shall each be deemed a “public body” as that term is used in the Freedom of Information Act, Chapter 100, Title 29, of the Delaware Code, and that for the purpose of this section all references to the Council shall be deemed to refer to the Association and vice versa.

(b) In addition to the records which are not deemed public by reason of §10002(d) of Title 29, of the Delaware Code, the following records shall not be deemed to be public records:

(1) The application, and all documents, files and record pertaining thereto, of any person to practice engineering in the State, except the name and address of the applicant, the date of the application, the action of the Council on the application and the status of the person’s authorization to practice engineering in the State.

(2) Records and information, including written communications received by the Council, relating to charges against any person which could result in disciplinary action by the Council. However, any such records and information which may be disclosed in any public hearing conducted by the Council with respect to the charges and any findings or orders of the Council arising out of the charges which are adverse to the person against whom the charges are made shall be deemed to be public records.

(3) All examination materials and related documents.

(c) In addition to the purpose for which a public body may go into executive session pursuant to the Freedom of Information Act, the Council may conduct an executive session for the following purposes:

(1) Consideration of the application of any person for authorization to practice engineering in the State which consideration involves matters of qualification, recommendations, education, experience or testing of the applicant.

(2) Consideration of any charges which could result in disciplinary action by the Council.

(d) For purposes of this section, the term “application” shall mean any application or filing with the Council for the purpose of obtaining authorization to use the term engineer, licensure , a certification of authorization, a temporary permit or certification as an engineer intern.

§2829. Use of Seals and Stamps.

(a) Each licensee shall obtain an embossing seal of the design authorized by the Council, bearing the licensee’s name, license number and the legend “professional engineer”. Failure of the licensee to substantiate to the Council, within six (6) months of the licensee’s application approval date, that such a seal has been procured will result in the licensee being placed by the Council in “delinquent status”.

(b) In addition to the embossing seal required by the foregoing provisions of this section,

(1) licensees may procure and use a stamp containing the same data as the embossing seal, or

(2) licensees may use a seal that can be created or transmitted electronically.

§2830. Dating, Signing and Sealing.

(a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the licensee (s) who prepared or approved them.

(b) If original tracings are sealed or stamped, the date of sealing or stamping must appear under the signature.

(c) The holder of a temporary permit, using the seal of the State designated by the Council on his permit, shall seal all final drawings, specifications, and documents in accordance with this section.

(1) The permittee shall, in addition, write his permit number and his signature immediately adjacent to the imprint of his seal.”

Approved June 24, 2004