CHAPTER 93

FORMERLY

SENATE BILL NO. 111

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 28, TITLE 24 OF THE DELAWARE CODE RELATING TO THE POWERS OF THE COUNCIL OF THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.

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

Section 1. Amend Section 2810 Chapter 28, Title 24 of the Delaware Code by deleting

Subsection (a) and inserting therein the following:

"(a) The Council, under the head of the Council President or the President's designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney's fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted."

Further Amend Section 2810 by deleting both (c) and (d) and re-numbering (e) and (f) as (c) and (d) respectively.

Section 2. Amend Section 2823 Chapter 28, Title 24 of the Delaware Code by adding a new paragraph (b) as follows and re-numbering the existing paragraphs (b) through (e) as paragraphs (c) through (f).

"(b) The Council shall have the power to review the actions of any applicants sitting for any examination that is conducted by, or on behalf of, the Association to determine the applicant's qualification for licensure as a professional engineer or certification as an Engineer Intern.

(1) The following actions by an examinee shall be considered violations of this chapter:

a. Any attempt to remove, or removal of, examination materials or content from the room in which the examination is administered;

b. Any attempt to reproduce, transcribe or transmit the content of examination materials that would permit the removal of such content from the room in which the examination is administered;

c. Any use or possession of unlawfully obtained information that reveals, or is procured by the examinee with the anticipation that it could reveal, any portion of the content of the current examination;

d. Any communication, whether verbal, written, electronic, or by action, made in an effort to seek assistance from another party, that would aid in obtaining a higher grade for the examination during an examination administration, or to provide such assistance to another examinee.

e. Any impersonation, or solicitation of impersonation, that allows another individual to sit for the examination in place of the designated applicant; or

f. Any violation of the terms of any written examination security agreement entered into freely by the examinee with the Association outlining the examinee's responsibilities in taking the examination.

(2) The chief proctor for the examination, acting on behalf of the Council, may at his or her sole discretion, when presented with evidence of any violation under (1) above at any time during the examination administration period:

a. Collect any examination materials provided to the examinee;

b. Collect any personal property belonging to the examinee, which the proctor reasonably believes may contain content from the examination materials;

c. Dismiss the examinee from the examination site; and

d. Seek any law enforcement assistance that he feels is necessary to affect (a) through (c) above.

(3) Following its review of the facts associated with any alleged examination impropriety, Council shall have the power to impose any or all of the following penalties on any individual found guilty after a hearing, unless such hearing is waived by the examinee, of an examination impropriety:

a. Void the results of the subject examination;

b. Refuse permission for the examinee to take the examination for a period of two (2) years, or such time determined by Council to be required to ensure that a subsequent examination is unlikely to repeat questions contained in the subject examination;

c. Require successful completion by the examinee of an ethics course before a future examination opportunity;

d. Revoke any license as a professional engineer or certification as an Engineer Intern granted as a consequence of the examinee receiving a passing score on the subject examination; and

e. Report any disciplinary action taken to other jurisdictions to help ensure the integrity of their examination process.”

Approved June 30, 2005