Delaware Code Title 24 Sec. 6105 – Powers and duties
(a) The Board of Elevator Mechanics has the authority to perform the following:
(1) Formulate rules and regulations with proper notice to those affected. All rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act under Chapter 101 of Title 29. 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, as approved by the Division and administered and graded by the testing service, to be taken by all persons applying for licensure.
(4) Evaluate the credentials of all individuals applying for a license in order to determine whether such individuals meet the qualifications for licensing set forth in this chapter.
(5) Grant licenses and renew licenses of all individuals who meet the qualifications for licensure.
(6) Establish rules and regulations concerning continuing education standards required for license renewal.
(7) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction as an elevator mechanic, 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.
(8) Refer all complaints from licensees and the public concerning a licensed elevator mechanic, or concerning practices of the Board, or of the profession, to the Division for investigation under § 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.
(9) Conduct hearings and issue orders in compliance with the Administrative Procedures Act under Chapter 101 of Title 29.
(10) Require, if necessary, that a licensed elevator mechanic take over the work done by an unlicensed practitioner, or if the work is completed, that the work be inspected by an inspection agency, within 5 working days after receipt of the Board’s request.
(11) Designate and impose the appropriate sanction or penalty, when the Board has determined, after a hearing, that penalties or sanctions should be imposed.
Terms Used In Delaware Code Title 24 Sec. 6105
- Board: means the Board of Elevator Mechanics established in this chapter. See Delaware Code Title 24 Sec. 6102
- 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. 6102
- 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
- Substantially related: means 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 work of a master elevator mechanic. See Delaware Code Title 24 Sec. 6102
- Unlicensed practitioner: means any person who engages in the occupational practice of a master elevator mechanic and has not been granted a license by the Board. See Delaware Code Title 24 Sec. 6102
(b) The Board shall require that all persons receiving a license, display on the vehicles used in the performance of their work, the words “Licensed Elevator Mechanic,” and the number assigned to them, in not less than 3-inch letters and numbers.
(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the work of an elevator mechanic.