§ 301 Objectives and functions.
The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of architect competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against architects regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against architects.
§ 302 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Architect" shall mean any person who engages in the practice of architecture as hereinafter defined.
(2) The "Board" shall mean the Board of Architects established by § 8735(a)(3) of Title 29 and this chapter.
(3) "Certificate of registration" shall mean any document which indicates that a person is currently registered with the Board of Architects.
(4) "Direct supervision" shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision.
(5) "Practice of architecture" shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts.
(6) "Registered architect" shall mean an architect holding a current certificate of registration.
(7) "Substantially related" means the nature of 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 architecture.
(8) "Technical submissions" shall mean designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
§ 303 Registration to practice; construction of chapter.
(a) The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable. No person shall engage in the practice of architecture in this State or otherwise hold oneself out to the public as being an architect, or use in connection with the person's name, or otherwise assume, use or advertise any title or description intending to convey the impression that the person is an architect, unless such person has a certificate of registration.
(b) The provisions of this chapter shall not be construed to prevent, nor to affect:
(1) The preparation of technical submissions or the administration of construction contracts by an employee or subordinate of a person or organization lawfully engaged in the practice of architecture, providing such work is done under the direct responsibility and supervision of such person or organization;
(2) The practice of architecture by a person licensed in this State as a professional engineer, when such practice is incidental to what may be properly considered an engineering project;
(3) The practice of landscape architecture by a landscape architect, regardless of whether the practice of landscape architecture shall continue to be licensed under the Delaware Code;
(4) A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, from agreeing to perform or holding the person's self out as able to perform any of the professional services involved in the practice of architecture; provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as provided in subsection (a) of this section; and further provided that the person notifies the Board in writing if the person, prior to registration, engages in any of the activities permitted by this paragraph;
(5) Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following:
a. Single and 2-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings;
b. Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than 10 persons; or
c. Any alteration, renovation or remodeling of a structure when such alteration, renovation or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes;
(6) The preparation of submissions to architects by the manufacturer, supplier, installer, or others of any materials, components, or equipment incidental to the architect's design of the entire project that describe or illustrate the use of such items;
(7) The preparation of any details or shop drawings required of the contractor by the terms of the construction documents;
(8) The management of construction contracts by persons engaged in contracting work;
(9) The preparation of technical submissions or the administration of construction contracts by persons acting under the responsible control of a registered architect;
(10) Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America;
(11) A person who holds the certification issued by the National Council of Architectural Registration Boards (NCARB) but who is not currently registered in the jurisdiction, from offering to provide the professional services involved in the practice of architecture, provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided, and further provided that he or she notifies the Board in writing that:
a. The person holds a NCARB certificate and is not currently registered in the jurisdiction, but will be present in Delaware for the purpose of offering to provide architectural services;
b. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every potential client to whom the person offers to render architectural services; and
c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for a project in Delaware;
(12) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in the jurisdiction from seeking an architectural commission by participating in an architectural design competition for a project in Delaware, provided that the person notifies the Board in writing that:
a. The person holds an NCARB certificate and is not currently registered in the jurisdiction, but will present in Delaware for the purpose of participating in an architectural design competition;
b. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every person conducting an architectural design competition in which the person participates; and
c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for the project;
(13) A person who is not currently registered in Delaware, but who is currently registered in another United States or Canadian jurisdiction, from providing uncompensated (other than reimbursement of expenses) professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. "Emergency" shall mean earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor or other duly authorized office of the State of Delaware;
(14) An individual registered and practicing in a nation other than the United States or Canada (a "foreign architect") from practicing in this jurisdiction, so long as such practice is in strict accordance with the provisions of this subsection:
a. The foreign architect must show that such foreign architect holds a current registration in good standing which allows such foreign architect to use the title "architect" and to engage in the "unlimited practice of architecture" (defined as the ability to provide services on any type building in any state, province, territory, or other political subdivision of the foreign architect's national jurisdiction).
b. The foreign architect must show that a bilateral agreement exists between the NCARB and the national registration authority of the foreign architect's national jurisdiction.
c. An architect registered in this jurisdiction shall take responsible control over all aspects of the architectural services for said project.
d. The foreign architect may not seek, solicit, or offer to render architectural services in this jurisdiction, except with the material participation of the architect referred to in paragraph (b)(14)c. of this section above.
e. Promptly after the foreign architect has been selected to provide architectural services for a project within this jurisdiction, the architect referred to in paragraph (b)(14)c. of this section above must file a statement with the Board:
1. Identifying the foreign architect;
2. Describing the project; and
3. Describing the foreign architect's role.
f. In all aspects of offering or providing architectural services within this jurisdiction, the foreign architect must use the title "[x], a foreign architect in consultation with [y], an architect registered in Delaware";
(15) A person currently employed under the responsible control of an architect, and who maintains in good standing a National Council of Architectural Registration Boards record, from using the title "intern architect" or "architectural intern" in conjunctions with the person's current employment. Such person may not engage in the practice of architecture except to the extent permitted by other provisions of this chapter.
(c) The owner of any real property who allows a project to be constructed on such real property shall be engaged in the practice of architecture unless the owner shall have employed or shall have caused others to have employed a registered architect and/or a registered engineer to furnish construction contract administration services with respect to such project.
(1) For purposes of this section, the following terms shall have the following meanings:
a. "Building official" shall mean the person appointed by the municipality or State subdivision having jurisdiction over the project to have principal responsibility for the safety of the project as finally built.
b. "Construction contract administration services" shall comprise at least the following services:
1. Visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued;
2. Processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents; and
3. Notifying an owner and the building official of any code violations, changes which affect code compliance, the use of any materials, assemblies, components or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions which he or she identifies as constituting a hazard to the public, which he or she observes in the course of performing his or her duties.
c. "Owner" shall mean with respect to any real property any of the following persons:
1. The holder of a mortgage secured by such property;
2. The holder, directly or indirectly, of an equity interest in such real property exceeding 10 percent of the aggregate equity interest in such real property;
3. The record owner of such real property; or
4. The lessee of all or any portion of such real property when the lease covers all of that portion of such real property upon which the project is being constructed, the lessee has significant approval rights with respect to the project, and the lease, at the time the construction of the project begins, has a remaining term of not less than 10 years.
d. "Project" shall mean the construction, enlargement, or alteration of a building, other than a building exempted by the provisions of paragraph (b)(5) of this section.
(2) If the registered architect who sealed the technical submissions which were submitted to the building official at the time the building permit was issued has not been employed to furnish construction contract administration services at the time such registered architect issues such technical submissions, the registered architect shall note on such technical submissions that the registered architect has not been so employed. If the registered architect is not employed to furnish construction contract administration services when construction of the project begins, the registered architect shall file, not later than 30 days after such construction begins, with the Board and with the building official, on a form prescribed by the Board, a notice setting forth the names of the owner or owners known to the registered architect, the address of the project, and the name, if known to the registered architect, of the registered architect employed to perform construction contract administration services. If the registered architect believes that no registered architect has been so employed, the registered architect shall so state on the form. Any registered architect who fails to place the note on that registered architect's technical submissions or to file such notice, as required by this paragraph, shall have violated the provisions of this chapter and shall be subject to disciplines as set forth herein.
(3) If the Board determines, with respect to a particular project or class of projects, that the public is adequately protected without the necessity of a registered architect performing construction contract administration services, the Board may waive the requirements of this subsection with respect to such project or class of projects.
§ 304 Board of Architects.
(a) The Board of Architects shall consist of 9 members appointed by the Governor: 5 professional members who shall be registered architects; and 4 public members. To serve on the Board, a public member shall not be, nor ever have been, employed by a person or firm which provides construction services, nor a member of the immediate family of an architect or engineer; shall not have been employed by a person or firm which provides construction services (which shall include architects and architectural businesses, engineers and engineering businesses, and any other occupation involved in the design of structures); shall not have had a material financial interest in the providing of goods and services to any person or firm which provides construction services; nor have been engaged in an activity directly related to the design of buildings. No person shall be a public member if a member of such person's immediate family is an architect, or is an employee of an architect; or if a member of such person's immediate family has a material or financial interest in the providing of goods or services to architects. Each public member shall be accessible to inquiries, comments and suggestions from the general public.
(b) Each member shall serve for a term of 3 years, and may successively serve 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, and the member shall no longer be eligible to participate in Board proceedings unless lawfully appointed. Current Board members, who will have served as members for 10 years or more at the end of their current terms, will not be eligible for reappointment to the Board.
(c) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(d) No member of the Board of Architects, while serving on the Board, shall be a president, chairperson or other official of a professional architect association.
(e) The provisions set forth for "employees" in § 5805 of Title 29 shall apply to all members of the Board, and to all agents appointed, or otherwise employed, by the Board.
(f) Each member of the Board shall receive not more than $500 in any calendar year for services as a member of the Board, including not more than $40 for each meeting which such member attends during that year.
38 Del. Laws, c. 60, §§ 1-3, 11; Code 1935, §§ 891-893, 901; 24 Del. C. 1953, §§ 301, 309; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 67 Del. Laws, c. 368, § 3; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1.;
§ 305 Officers; conduct of business.
(a) In the same month of each year, the members shall elect, from among their number, a president and a secretary. A member may serve as an officer of the Board for not more than 2 consecutive years.
(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the president may deem necessary, or at the request of a majority of Board members. A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 5 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically, upon such occurrence, be deemed to have resigned from office and a replacement shall be appointed.
(c) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
(d) The Division of Professional Regulation shall annually compute the average expenses incurred in duplicating the following materials: The meeting schedule for the Board, notice of next business meeting and the minutes of Board meetings. Upon initial registration and each registration renewal, each registered architect shall receive a list of materials available from the Division, and the price charged to receive each for 1 year. Each item shall be offered to the registered architect and to members of the public at a cost set by the Division of Professional Regulation.
38 Del. Laws, c. 60, §§ 1, 5-7; Code 1935, §§ 891, 895-897; 24 Del. C. 1953, §§ 303-305; 56 Del. Laws, c. 399, § 1; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1.;
§ 306 Powers and duties.
(a) The Board of Architects shall have the authority to:
(1) Promulgate rules of conduct governing the practice of architects, including rules and regulations concerning continuing education, and/or misrepresentations, conflicts of interest, disability, violations of law or other unprofessional conduct. Each rule or regulation shall implement or clarify a specific section of this chapter;
(2) Designate the application form to be used by all applicants for certificates of registration, and to process all applications;
(3) Designate a written examination to be taken by persons applying for a certificate of registration. The Board shall adopt the examinations of the National Council of Architectural Registration Boards, or a comparable alternative national or regional examination, if a national examination is not available;
(4) Provide for the administration of all examinations, including notice and information to applicants. The Board shall adopt the administration and grading procedures of the National Council of Architectural Registration Boards, or of a comparable alternative national or regional examination if a national examination is not available;
(5) Designate the requirements for the issuance of a certificate of registration consistent with the other provisions of this chapter;
(6) Grant certificates of registration to all persons who meet the qualifications for registration and who otherwise satisfy the requirements set forth in this chapter;
(7) Refer all complaints from registered architects and from the public concerning architects, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29;
(8) Hold hearings and take such actions as are permitted under the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not an architect shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act;
(9) Where it has been determined after a disciplinary hearing, that penalties or sanction should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed;
(10) Bring proceedings in the courts for the enforcement of this chapter;
(11) In cooperation with Division of Professional Regulation, to maintain complete records relating to meeting minutes, applications, examinations, rosters, changes and additions to the rules and regulations, complaints, hearings and such other matters as the Board shall determine. The Division of Professional Regulation shall have the power to review, approve and execute all contracts for examination services;
(12) The Board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence.
(b) The Board of Architects shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of architecture.
§ 307 Application procedures.
(a) An applicant who is applying for initial registration under this chapter shall have the following qualifications:
(1) The applicant shall hold a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or shall have completed such other education as the Board deems equivalent. The Board shall adopt accreditation decisions of the NAAB and shall adopt regulations governing education or continuing education published from time to time by the National Council of Architectural Registration Boards;
(2) The applicant shall have completed practical training in architectural work acceptable to the Board.
(b) Each applicant shall provide such information as may be required on an application form designed and furnished by the Board.
(c) The Board may refuse or reject an applicant if, after a hearing, the Board finds that the applicant has:
(1) Been convicted of committing a crime that is substantially related to the practice of architecture; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(1), if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing architecture in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare;
(2) Misstated or misrepresented a fact in connection with an application;
(3) Been found guilty of a violation of any of the Requirements for Business and Professional Conduct required of architects and as set forth in statutes or regulations;
(4) Practiced architecture without being registered in violation of the registration laws of Delaware. Notwithstanding such a finding, the Board may allow registration of such applicant if the applicant presents to the Board suitable evidence of reform.
(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for the person 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.
38 Del. Laws, c. 60, §§ 13, 15; Code 1935, §§ 903, 905; 24 Del. C. 1953, §§ 311, 313; 56 Del. Laws, c. 399, § 2; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 11; 75 Del. Laws, c. 261, § 3; 75 Del. Laws, c. 436, § 3; 77 Del. Laws, c. 199, § 3; 78 Del. Laws, c. 44, §§ 5, 6; 80 Del. Laws, c. 206, § 1.;
§ 308 Examination of applicants.
(a) An applicant for initial registration under this chapter shall be required to pass an examination adopted by the Board and graded by a national testing administrator. The Board, or its agent, shall, at least once per year, provide for the administration and grading of such examination. Where an applicant has failed to pass the examination, but has successfully completed and passed certain portions or sections of the examination, the applicant shall in the next subsequent examination be tested only for those portions or section which the applicant has previously failed.
(b) The Board may exempt from the written examination requirement an applicant who holds a certification issued by the National Council of Architectural Registration Boards.
§ 309 Reciprocity.
(a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who:
(1) Holds a National Council of Architectural Boards (NCARB) certificate; or
(2) Presents proof of current registration in good standing in another jurisdiction whose standards for licensure are substantially similar to those of this State; or
(3) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 5 years and holds a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or such other education as the Board deems equivalent; or
(4) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 13 years.
(b) An applicant who is applying for licensure by reciprocity must also meet the requirements of § 307(c) of this title.
§ 310 Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any state agency acting in its behalf, shall compute for each separate service or activity the appropriate Board fees for the coming year.
38 Del. Laws, c. 60, § 16; Code 1935, § 906; 24 Del. C. 1953, § 314; 53 Del. Laws, c. 108, § 3; 57 Del. Laws, c. 474; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 144, § 1.;
§ 311 Issuance and renewal of certificate of registration.
(a) Each applicant who meets the requirements of §§ 307 and 308 of this title, or the requirements of § 309 of this title, and who pays the fee established under § 310 of this title, shall be issued a certificate of registration.
(b) Each certificate of registration shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a registered architect may still renew a license, notwithstanding the fact that such registered architect has failed to renew on or before the renewal date; provided, however, that such period shall not exceed 1 year. The Board shall charge, for each month or quarter during such "late renewal period," a late fee which at the end of such "late period" shall be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the certification of registration of the registered architect shall be deemed to be lapsed and not renewable, unless the former Delaware registered architect, without further examination, files an application under the same conditions which govern the application for reciprocity pursuant to § 309 of this title, provided, however, that the former registered Delaware architect shall also pay a reinstatement fee in the amount which is 3 times the amount of the annualized reciprocity fee, as determined by the Division.
38 Del. Laws, c. 60, § 18; Code 1935, § 908; 24 Del. C. 1953, § 316; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 65 Del. Laws, c. 355, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 261, § 4.;
§ 312 Certificate of registration.
Every registered architect having a place of business or employment within the State shall display their certificate of registration in a conspicuous place in such place of business or employment. A new certificate of registration, to replace a lost, destroyed or mutilated certificate, shall be issued by the Board upon payment of a fee established in accordance with § 310 of this title. Each such duplicate certificate shall be stamped or marked "duplicate."
§ 312A Certificate of authorization.
(a) The privilege of engaging in the practice of architecture is personal, based upon the qualifications of the individual evidenced by registration and is not transferable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of architecture, as defined within this chapter, shall be dated and bear the signature and seal of the architect or architects who prepared or directly supervised the same.
(b) Nothing in subsection (a) of this section shall be construed as preventing the formation of business entities, provided that such entities are authorized under Delaware law or the laws of another state, as a vehicle for the practice of or offer to practice architecture for others by individual architects registered under this chapter through a business entity, or the offering or rendering of architectural services by a business entity through architects registered under this chapter, provided that:
(1) One or more of the officers (if a corporation), partners (if a partnership), members or managers (if a limited liability company or publicly owned corporation), is designated as being responsible for any services in the practice of architecture on behalf of their respective business entity and is a registered architect under this chapter;
(2) All personnel of said business entity, who act in its behalf as architects in this State or for clients located in this State are registered under this chapter; and
(3) Said business entity has been issued a certificate of authorization by the Board as herein provided.
(c) A business entity desiring a certificate of authorization shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names, addresses, and license or registration numbers of directors, officers, partners, members or managers of the business entity and also of the individual or individuals duly registered to practice architecture in this State who shall be in responsible charge of the practice of architecture through the business entity in compliance with paragraph (b)(3) of this section above, and any other information required by the Board, accompanied by the appropriate fee as determined by the Division of Professional Regulation. A certificate of authorization may be renewed biennially by submission of the required information and fee. In the event that there should be a change in the information provided on the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within 30 days of the effective date of such change. If all the requirements of this section are met, the Board shall issue a certification of authorization to such business entity, and that business entity shall be authorized to contract for and to collect fees for architectural services.
(d) An applicant for initial issuance or renewal of a certificate of authorization shall be required to register each office of the business entity within this State with the Board and show that each office is under the charge and supervision of an individual holding a valid certificate of registration under this chapter.
(e) No such business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members or principals by reason of its compliance with this section, nor shall any individual be relieved of responsibility for architectural services performed by reason of employment or relationship with such business entity. All business entities and architects practicing through such entities shall be bound by professional responsibility standards no less stringent than those stated in § 608 of Title 8.
(f) The Board may revoke, suspend or cancel a certification of authorization, if after a hearing, the Board determines that any officer, partner, member, manager, principal or employee has violated any lawful provision of this chapter, or any lawful regulation established thereunder.
§ 313 Seal.
Every registered architect shall have a seal of a design authorized by the Board by regulation. All technical submissions prepared by such architect, or under the architect's direct supervision, shall be stamped with the impression of the architect's seal. No registered architect shall impress the seal on any technical submissions unless they were prepared under the architect's direct supervision.
§ 314 Violations; grounds for professional discipline.
(a) An architect or holder of a certificate of authorization shall be subject to those disciplinary actions set forth in § 315 of this title, if, after a hearing, the Board finds that the architect or holder of a certificate of authorization has:
(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a certificate of registration, or be otherwise authorized to practice architecture;
(2) Engaged in illegal, incompetent or negligent conduct in the practice of architecture;
(3) As an architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities; or
(4) Violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(b) An architect shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:
(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;
(2) Temporary emotional disorder or mental illness; or
(3) Permanent emotional disorder or mental illness.
(c) If an architect's physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order the architect to submit to a reasonable physical or mental examination. Failure to comply with such an order shall render a registered architect liable to temporary suspension or revocation of the architect's certificate of registration in accordance with § 315 of this title, notwithstanding the Board's power to compel such attendance under subsection (d) of this section.
(d) Where an architect fails to comply with the Board's request that the architect submit to an examination or attend a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said court or any judge assigned thereto shall have jurisdiction to issue such order.
(e) No certificate of registration or certificate of authorization shall be restricted, suspended or revoked by the Board, and no registered architect's right to practice shall be limited by the Board, until such registered architect or holder of a certificate of authorization has been given notice and an opportunity to be heard in accordance with § 316 of this title.
38 Del. Laws, c. 60, § 19; Code 1935, § 909; 24 Del. C. 1953, § 317; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 225, §§ 2-5.;
§ 315 Remedial actions and disciplinary sanctions.
(a) The Board may impose any of the following sanctions or take any of the following actions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 314 of this title applies to an architect or holder of a certificate of authorization:
(1) Issue a letter of reprimand;
(2) Censure the architect or holder of a certificate of authorization;
(3) Place the architect or holder of a certificate of authorization on probationary status, and require the architect or holder of a certificate of authorization to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board; and/or
c. Continue or renew the architect's professional education until the required degree of skill has been attained in those areas which are the basis of the probation;
(4) Suspend a registered architect's certificate of registration or suspend a certificate of authorization;
(5) Revoke a registered architect's certificate of registration or revoke a certificate of authorization;
(6) Issue cease and desist orders;
(7) Seek injunctions; and/or
(8) Seek judicial enforcement of civil fines imposed by the Board.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such actions have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
(d) Where a certificate of registration has been suspended due to a disability of the registered architect, the Board may reinstate such certification of registration if, after a hearing, the Board is satisfied that the registered architect is able to practice with reasonable skill and safety.
(e) As a condition to reinstatement of a suspended certificate of registration, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
38 Del. Laws, c. 60, § 20; Code 1935, § 910; 24 Del. C. 1953, § 318; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 225, §§ 6-11; 79 Del. Laws, c. 213, § 2.;
§ 316 Board hearings; procedure.
(a) Upon the receipt of a formal complaint from the Attorney General's office, the Board shall fix the time and place of a full hearing of the matter, and it shall be scheduled to be heard as soon as practicable. The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the architect at least 20 days before the date fixed for the hearing. In cases where the architect cannot be located or where personal services cannot be effected, substitute service shall be effected in the same manner as with civil litigation.
(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reason for such decision. A copy of the decision shall be mailed by registered mail immediately to the complainant, and to the architect. The Board's decision shall become effective on the thirtieth day after the day it is received by the architect, unless there is an appeal to the Superior Court within that time.
(c) Where either the complainant or the architect is in disagreement with the action of the Board, either person may appeal the Board's decision to the Superior Court within 30 days of the receipt of the Board's decision. Upon such appeal, the Court shall hear the evidence "de novo." The filing of an appeal shall act as a stay of the Board's decision, pending final determination of the appeal.
§ 317 Penalties.
(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of architecture regulated by this chapter without having lawfully obtained a license or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person's license has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.
(b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board's discretion.
(c) Where the Board has placed a registered architect on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the registered architect, the Board may, after a hearing on the matter, suspend or revoke the registered architect's certificate of registration.
(d) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
38 Del. Laws, c. 60, § 14; Code 1935, § 904; 24 Del. C. 1953, § 312; 62 Del. Laws, c. 344, § 1; 64 Del. Laws, c. 1, § 1; 68 Del. Laws, c. 144, § 1; 75 Del. Laws, c. 261, §§ 5, 6; 77 Del. Laws, c. 225, §§ 12, 13.;