Delaware Code Title 24 Sec. 4106 – Powers and duties
(a) The Board of Home Inspectors shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected, including rules and regulations governing any training, experience, or educational requirements to licensure as a home inspector; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. 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 and process all applications;
(3) Designate the written, standardized examination to be taken by all persons applying for licensure and certification. The Board shall determine whether to use an exam that is prepared by a national entity. Applicants who qualify for licensure or certification by reciprocity shall have achieved a passing score on all parts of the designated examination or a comparable, alternative national or regional examination, if the designated examination was not available at the time of the applicant’s original licensure;
(4) Evaluate the credentials of all persons applying for a license as a home inspector in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;
(5) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure and delegate license issuance to the Division for applications that meet criteria established by the Board and the Director;
(6) Register applicants as home inspector trainees;
(7) Issue temporary licenses to persons who qualify;
(8) Establish by rule and regulation continuing education standards required for license renewal;
(9) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction as a home inspector, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;
(10) Refer all complaints from licensees and the public concerning licensed home inspectors or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;
(11) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29; and
(12) Where it has been determined after a hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty.
Terms Used In Delaware Code Title 24 Sec. 4106
- Board: shall mean the State Board of Home Inspectors established in this chapter. See Delaware Code Title 24 Sec. 4102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 4102
- Home: shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. See Delaware Code Title 24 Sec. 4102
- Home inspection: shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer: heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building. See Delaware Code Title 24 Sec. 4102
- 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.
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 4102
- 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 1 or more of the duties or responsibilities necessarily related to the practice of home inspecting. See Delaware Code Title 24 Sec. 4102
(b) The Board of Home Inspectors shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of home inspection.