Delaware Code Title 24 Sec. 4416 – The Manufactured Home Installation Board; powers and duties
(a) The Board shall have all the powers and authority necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers set forth in this section in addition to others granted in this chapter.
Terms Used In Delaware Code Title 24 Sec. 4416
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means any person, individual, natural person who seeks to become licensed as a manufactured housing installer. See Delaware Code Title 24 Sec. 4403
- Board: means the Manufactured Home Installation Board. See Delaware Code Title 24 Sec. 4403
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 4403
- Installation: means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. See Delaware Code Title 24 Sec. 4403
- Installer: means any person who is engaged in the business of performing manufactured housing installations as they are defined above. See Delaware Code Title 24 Sec. 4403
- 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.
- Manufactured home installation inspector: means any person who holds a manufactured home installation inspector's certificate issued pursuant to this chapter. See Delaware Code Title 24 Sec. 4403
- Person: means 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. 4403
- 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
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer. See Delaware Code Title 24 Sec. 4403
- Unauthorized practitioner: means any person, who engages in the occupational practices regulated by the Board, and who is not licensed or certified by the Board to do so. See Delaware Code Title 24 Sec. 4403
(b) The Manufactured Home Installation Board may:
(1) Formulate rules and regulations, with appropriate notice to those affected; 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 application forms to be used by all applicants and process all applications;
(3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure, except applicants who qualify for licensure by reciprocity;
(4) Evaluate the credentials of all persons applying for a license as a manufactured home installer, in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.
(5) Evaluate the credentials of all persons applying for a certificate as a manufactured home installation inspector, in order to determine whether such persons meet the qualifications for certification set forth in this chapter.
(6) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure;
(7) Grant certificates to and renew certifications of all person who meet the qualifications for certification;
(8) Establish by rule and regulation continuing education standards, which shall be a requirement of continued licensure and certification, as well as a requirement for renewal;
(9) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed, certified or registered in another jurisdiction as a manufactured home installer or installation 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 certified installation inspectors and the public concerning licensees and certified installation inspectors, concerning unauthorized practitioners, 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.
(12) Grant a license to, and renew the license of, any person holding an inactive license, as defined in the Board’s rules and regulations, provided the individual does not use the license to perform manufactured home installations, and who in addition, submits proof of completion of biennial continuing education requirements.
(13) In the event an installation is not in compliance with this chapter, direct a licensed installer to take such corrective actions as it deems necessary to bring the installation into compliance.
(14) Assess administrative penalties against any unauthorized practitioner.
(15) Designate and impose the appropriate sanction or penalty, after time for appeal has lapsed, when the Board determined after a hearing, that penalties or sanctions should be imposed.
(16) Monitor federal laws and regulations governing manufactured home installations and installation inspections to ensure its continued compliance with them.
(c) The Board shall require that all persons receiving a license, display on the vehicles used in the performance of their work, the words “Licensed Manufactured Home Installer”, or the abbreviation “Lic. Mfd. Home Installer” and the number assigned to them, in not less than 2-inch letters and numbers.
(d) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the work of a manufactured home installer or the practice of manufactured home installation.