Delaware Code Title 24 Sec. 6109 – Grounds for discipline
(a) A licensed master elevator mechanic shall be subject to disciplinary actions under § 6111 of this title, if, after a hearing, the Board finds that the practitioner has:
(1) Employed, or knowingly cooperated in, fraud or material deception in order to acquire a license as an elevator mechanic, has impersonated another person holding a license, or allowed another person to use the practitioner’s license, or aided or abetted a person not licensed as an elevator mechanic to represent himself or herself as a licensed elevator mechanic.
(2) Illegally, incompetently or negligently provided elevator mechanical services.
(3) Performed service on an elevator, as defined in this title, without a license.
(4) Been convicted of any offense, the circumstances of which substantially relate to the work of a master elevator mechanic. A certified court copy of a record of conviction shall be conclusive evidence of conviction.
(6) Engaged in an act of consumer fraud or deception.
(7) Violated this chapter or any rule or regulation established under this chapter.
(8) Had a license as an elevator mechanic suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record, and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the disciplinary acts defined in this chapter. Every individual licensed as a master elevator mechanic in this State, as a condition of licensure, has given consent to the release of disciplinary information by all other jurisdictions, and to waiver of all objections to the admissibility of previously adjudicated evidence of such disciplinary acts or offenses.
(9) Failed to notify the Board that their license as an elevator mechanic in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation in another state shall be considered as conclusive evidence.
Terms Used In Delaware Code Title 24 Sec. 6109
- Board: means the Board of Elevator Mechanics established in this chapter. See Delaware Code Title 24 Sec. 6102
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means the certificate issued by the Board. See Delaware Code Title 24 Sec. 6102
- Master elevator mechanic: means an individual, licensed by the Board, to plan, estimate, layout, perform, or supervise the installation, erection, replacement, service, and repair of any elevator in any structure. See Delaware Code Title 24 Sec. 6102
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In accordance with Title 29, Chapter 101, no license shall be restricted, suspended or revoked by the Board, and no individual’s right to practice as an elevator mechanic shall be limited by the Board, until the individual has been given notice, and an opportunity to be heard, in accordance with Title 29, Chapter 101.