Delaware Code Title 24 Sec. 1412 – Grounds for discipline
(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1414 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 electrician; 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 electrician to represent himself or herself as a licensed electrician;
(2) Illegally, incompetently or negligently provided electrical services;
(3) Performed electrical work in a category for which the practitioner is not licensed;
(4) Been convicted of any offense, the circumstances of which substantially relate to the performance of electrical work. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;
(5) Excessively used or abused drugs;
(6) Engaged in an act of consumer fraud or deception of the public;
(7) Violated a lawful provision of this chapter, or any lawful rule or regulation established thereunder;
(8) Had the practitioner’s license as an electrician 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 acts defined in this chapter. Every person licensed as an electrician in this State shall be deemed to have given consent to the release of this information by the Board, or other comparable agencies in another jurisdiction, and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(9) Failed to notify the Board that the practitioner’s license as an electrician 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 shall be conclusive evidence thereof; or
Terms Used In Delaware Code Title 24 Sec. 1412
- Board: shall mean the State Board of Electrical Examiners established in this chapter. See Delaware Code Title 24 Sec. 1402
- 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: shall mean the certificate issued by the Board that is evidence that the holder has met the requirements of this chapter. See Delaware Code Title 24 Sec. 1402
- Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 1402
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 1402
(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice as an electrician shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
72 Del. Laws, c. 210, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 436, § ?12;