CHAPTER 28. Professional Engineers

§ 2801 Short title. This chapter shall be known and may be cited as the “Delaware Professional Engineers Act.” 24 Del. C. 1953, §  2802; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2802 Declaration of purpose; unlawful practice. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering in this State; to use in connection with such person’s name, by verbal claim, sign, advertisement, letterhead, card or to in any other way, represent himself or herself to be an engineer, a professional engineer or through the use of some other title imply that such person is a professional engineer licensed under this chapter; or to advertise any title or description tending to convey the impression that such person is a professional engineer unless such person has been duly licensed, authorized or exempted under this chapter. The right to engage in the practice of engineering shall be deemed a personal right based on the qualifications of the individual as evidenced by such person’s certificate of licensure, which shall not be transferable. 24 Del. C. 1953, §  2801; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 124, §  2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2802A Exemption for expert testimony. Nothing in § 2802 of this title shall be construed as prohibiting an otherwise qualified engineer, duly licensed under the laws of a state other than Delaware, from offering expert testimony in any action or proceeding in the courts of this State, consistent with the requirements of Delaware Uniform Rule of Evidence 702. 76 Del. Laws, c. 155, §  1 ; § 2803 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them, except where the context clearly indicates a different meaning; (1) “Active roster” shall mean the record of members, associate members, and holders of a certificate of authorization. (2) “Adjunct member” shall mean an adjunct member of the Association, as defined in § 2806(d) of this title. (3) “Administrative order” means an order issued by an investigating committee, with the prior approval of the Council pursuant to § 2824(b)(1)g.1. of this title, which attempts to resolve a complaint of a violation under § 2823 of this title. Administrative orders become final 14 days from the day the order is received by the accused but only if there is positive proof of service, such as a signed return receipt or an affidavit of personal service. (4) “Affiliate member” shall mean an affiliate member of the Association, as defined in § 2806(c) of this title. (5) “Applicant” shall mean a person who applies to become licensed as a professional engineer, applies to become certified as engineer intern, applies to become an adjunct member of the association, or applies for a certificate of authorization. (6) “Associate member” shall mean an associate member of the Association, as defined in § 2806(b) of this title. (7) “Association” shall mean the Delaware Association of Professional Engineers. (8) “Bylaw” shall mean a bylaw of the Association. (9) “Certificate of authorization” shall mean an authorization issued by the Council to engage in the practice of engineering. (10) “Committee” shall mean a committee appointed by the Council. (11) “Consent order” means a voluntary agreement between parties attempting resolution of a complaint of a violation under § 2823 of this title or a complaint of unlicensed practice under § 2825 of this title. To become a final order, a consent order must be approved by Council pursuant to § 2824(b)(1)g.2. of this title. (12) “Continuing professional competency” shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering. (13) “Council” shall mean the Council of the Association. (14) “Engineer” shall mean a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by an engineering education, through graduation with a baccalaureate degree from a Council-approved 4-year educational program in engineering, in engineering technology or in science related to engineering, is qualified to begin the path to licensure. (15) “Engineering corporations or partnerships” are corporations or partnerships who practice engineering to provide engineering services to the public. (16) “Engineer intern” shall mean a person certified as an engineer intern by the Council. (17) “Examination” shall mean any qualifying examination or examinations required by this chapter. (18) “Hearing committee” means a committee of Council members to which the Council has delegated authority to adjudicate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. (19) “Incompetence” shall mean the failure to exercise appropriate professional judgment or the failure to utilize skill to a degree which shows a lack of general competence. (20) “Investigating committee” means a committee of the Council to which the Council has delegated authority to investigate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. (21) “Licensed” means licensure as a professional engineer under this chapter. (22) “Licensee” shall mean a person licensed as a professional engineer under this chapter. (23) “Member” shall mean a member of the Association, as defined in § 2806(a) of this title. (24) “Misconduct” shall mean that conduct which is recognized to be unsafe or improper by the ethical and competent members of the profession. The term also includes general conduct that is dishonorable or unprofessional. (25) “Negligence” shall mean an act or omission that deviates from accepted standards of practice or standard of care in the engineering community (26) “Practice of engineering” or “to practice engineering” includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public. (27) “Professional engineer” shall mean a person who has been duly licensed as a professional engineer by the Council. (28) “Responsible charge” means a professional engineer’s supervision of, control over, and possession of detailed professional knowledge of an engineering work. A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work. (29) “Retired member” shall mean a person who has elected to claim retired status as defined in § 2806(g) of this title. (30) “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 engineering. (31) “Successor professional engineer” shall mean a “professional engineer,” as defined in this section, who assumes “responsible charge,” as defined in this section, of a project or component of a project and uses or relies upon the work, findings, or recommendations of the professional engineer who previously was in responsible charge and sealed pertinent documents. The successor professional engineer may assume responsible charge of a project or component of a project only when qualified to do so as detailed in § 2817. A professional engineer who uses or relies upon work performed by another qualified engineer, associate, consultant, or employee is not a successor professional engineer and may sign and seal the documents for the total project. A professional engineer who uses or relies upon work such as, but not limited to, geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed by others, in order to assume responsible charge of a project, is not considered a successor engineer. The professional engineer shall not affix their professional engineer’s seal to any document not prepared under their supervisory control and review. 24 Del. C. 1953, §  2803; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 124, §  1 ; 65 Del. Laws, c. 336, §  1 ; 69 Del. Laws, c. 43, §  1 ; 69 Del. Laws, c. 412, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 51, §  4 ; 74 Del. Laws, c. 267, §  1 ; 76 Del. Laws, c. 291, §§  1-6 ; 79 Del. Laws, c. 112, §  1 ; 83 Del. Laws, c. 190, § 1 ; 84 Del. Laws, c. 153, § 1 ; 84 Del. Laws, c. 482, § 1 ; 85 Del. Laws, c. 159, § 1 ; 85 Del. Laws, c. 322, § 1 ; § 2804 Delaware Association of Professional Engineers; objectives. There is hereby established the Delaware Association of Professional Engineers, an instrumentality of the State. The objectives of the Association and of this chapter are to regulate the practice of engineering, to provide for the registration of qualified persons as professional engineers and the certification of engineer interns, to define the terms “engineer,” “professional engineer,” “engineer intern” and “the practice of engineering,” to create an organization to regulate the practice of engineering to provide and administer qualifying examinations and grant registration to qualified persons as professional engineers, to provide for the appointment and election of members to the governing body of this Association, to define the powers and duties of the Council, to set forth the minimum qualifications and other requirements for registration as a professional engineer, for certification as an engineer intern, and the granting of a certificate of authorization, to set rules for the establishment of fees, expiration requirements and renewal requirements, to establish continuing professional competency guidelines and requirements, and to provide for the enforcement of this chapter together with penalties for violations of the provisions of this chapter. 24 Del. C. 1953, §  2804; 58 Del. Laws, c. 501, §  1 ; 69 Del. Laws, c. 43, §  2 ; 74 Del. Laws, c. 267, §  1 ; 79 Del. Laws, c. 112, §  1 ; 85 Del. Laws, c. 159, § 2 ; § 2805 Ownership and use of property. The Association may purchase, acquire, or receive by gift or bequest for the purposes of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease, or otherwise dispose of any said property. 24 Del. C. 1953, §  2805; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2806 Membership. (a) All persons licensed as professional engineers on July 7, 1972, or hereafter licensed as professional engineers and who are residents of or are employed in or have a place of business within the State, and who subscribe to the code of ethics in accordance with § 2816 of this title, are members of the Association. Members shall be entitled to vote as provided by this chapter. (b) All other persons licensed as professional engineers, and who subscribe to the code of ethics in accordance with § 2816 of this title, are associate members of the Association and shall not be entitled to vote. (c) All persons certified as engineer interns within the State on July 7, 1972, or who are hereafter certified as engineer interns, and who subscribe to the code of ethics in accordance with § 2816 of this title, are affiliate members of the Association and shall not be entitled to vote. Affiliate members may use the title “Engineer”, “Engineer intern” or “E.I.” (d) All persons meeting the definition of engineer, as set forth in § 2803(14) of this title, and who subscribe to the code of ethics in accordance with § 2816 of this title, who are residents or employed in or have a place of business in the State, are adjunct members of the Association and shall not be entitled to vote. Adjunct members may use the title “Engineer.” (e) Fees. — (1) All fees for licensure, membership and renewals shall be in accordance with the bylaws, as approved by the members in accordance with this chapter. (2) All fees required under the provisions of this section shall be nonreturnable and nontransferable. (3) Reinstatement fees for professional engineers and holders of certificates of authorization shall be required for return from the inactive roster to the active roster. Reinstatement fees shall be established by bylaw and shall include any unpaid supplemental levies assessed prior to removal from the active roster. (4) The Council may, whenever the Association has incurred an operating deficit, make a supplemental levy in order to eliminate such deficit. Each member, associate member and each holder of a certificate of authorization shall be assessed in direct proportion to their rate of annual renewal and the total amount assessed shall be the amount of the deficit. Fractional assessments shall be raised to the next highest even dollar amount. The amount assessed against any person pursuant to this paragraph shall not exceed the annual renewal fee paid by such person under this chapter. Such supplemental levy shall be a debt against those assessed and shall be billed only at the time when the annual renewal fees are billed and must be paid within 3 months. Those failing to pay within 3 months shall be declared ineligible to practice engineering in the State and shall be removed from the active roster. Reinstatement will not be allowed until the reinstatement fee has been paid in full. (f) Expiration and renewals. — (1) Members, associate members, adjunct members, and holders of certificates of authorization shall be billed for renewal fees 60 days before expiration of the period for which fees have been paid. If fees are not paid by the expiration date, the member, associate member or holder of a certificate of authorization shall be declared ineligible to practice engineering in the State and shall be removed from the active roster. (2) Any applicant, associate member, adjunct member, engineering corporation or partnership whose application is approved shall be billed for fees for the quarter-year in which approved and for any remaining full quarters in the Association’s licensure period. (3) Any member, associate member, or holder of certificate of authorization on the active roster who intends to withdraw from the practice of engineering in the State shall notify the Secretary of the Council in writing. That name will then be removed from the active roster and be placed in an inactive status file. That name may be reinstated to active status by a request for reinstatement, in writing, within 4 years of that removal from the active roster, to the Secretary of the Council, by payment of a reinstatement fee and by compliance with and satisfaction of the current continuing professional competency guidelines and requirements. After the expiration of the 4-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title. Any member, associate member or holder of a certificate of authorization in inactive status shall be ineligible to practice engineering in the State. (4) Any member, associate member, or holder of a certificate of authorization who has not given notice of withdrawal and whose name has been removed from the active roster because of a delinquency in payment of fees, may be reinstated upon petition to the Council within 2 years of the removal from the active roster and by payment of the reinstatement fees plus any delinquency fees. After the expiration of the 2-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title. (g) Any member, associate member or adjunct member in good standing on the active roster who intends to retire from the practice of engineering in the State shall notify the Secretary of the Council in writing on a form provided to such member by Council at such member’s request. Following the filing of this form with the Secretary of Council, the member’s name will be removed from the active roster and placed in a retired status file. Retired members shall not be required to pay their biennial membership fee and shall be exempted from any continuing professional competency requirements. Any member, associate member or adjunct member in retired status shall be ineligible to practice engineering in the State, however, a retired member shall be entitled to utilize the term “P.E. (ret.)” in any signature and shall be entitled to vote provided they are residents of the State and subscribe to the code of ethics in accordance with § 2816 of this title. After being placed on the retired status file, the retired member may not apply for reinstatement. 24 Del. C. 1953, §  2806; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  1 ; 69 Del. Laws, c. 43, §§  3-8 ; 74 Del. Laws, c. 267, §  1 ; 76 Del. Laws, c. 291, §§  7-9 ; 78 Del. Laws, c. 162, §  1 ; 79 Del. Laws, c. 112, §  1 ; 80 Del. Laws, c. 178, §  1 ; 81 Del. Laws, c. 193, § 1 ; § 2807 Council of the Delaware Association of Professional Engineers. (a) There shall be a Council which will be the governing board of the Association. The Council shall consist of 15 voting members, 12 of whom shall be elected, and 3 of whom shall be appointed by the Governor. The immediate past president, if not an elected member of Council, shall be a nonvoting member of Council. A quorum of the Council shall be a majority of the seated members of the Council. (b) The 12 elected members shall be elected and hold office on the basis of the following constituencies: (1) One shall be from each of the following 5 engineering disciplines: civil, chemical, electrical, mechanical and any other; (2) One shall be from each of the following fields of employment: government, industry, private consulting practice and education; and (3) One shall be from each of the 3 counties: New Castle, Kent and Sussex. (c) Of the 3 appointed members, 1 shall be from each of the 3 counties. New Castle, Kent and Sussex. (d) (1) A person elected as a Council member shall, at the time of election, and during the term of office, be a citizen of the United States of America, a resident of the State, a member of the Association and be qualified to represent the constituency from which the person was elected. (2) A person appointed as a Council member shall, at the time of appointment, and during the term of office, be a citizen of the United States of America and a resident of the State and of the county for which the appointment is designated. (e) The term of office for members of Council shall, unless otherwise specified, be 4 years. A member of Council, whether appointed or elected, may not serve more than 2 consecutive terms on the Council. (f) Three members of Council shall be elected each year for a 4-year term to fill vacancies in the field of discipline, field of employment and county of residence. Each Council vacancy will be designated by discipline, field of employment or county of residence in accordance with the constituency designation specified in subsection (b) of this section and each designated vacancy will be voted upon separately by members of the Association. A candidate for Council must announce at the time of nomination or petition the vacancy for which that candidate is seeking election and the candidate must be qualified by discipline, field of employment or residence to fill the vacancy for which that candidate is seeking election. For purposes of election, the candidate discipline shall be that shown on the roster, the field of employment shall be that held by the candidate and the county of residence shall be that of the candidate at the time of nomination or petition as well as at the time of election. The terms of office for Council members shall commence on September 1 of the year elected or appointed and shall expire on August 31, of the year ending the term. 24 Del. C. 1953, §  2807; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  2 ; 67 Del. Laws, c. 368, §  16 ; 68 Del. Laws, c. 24, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2808 Council election and appointment procedure. (a) The schedule for the election of the 12 elected members shall be as follows: (1) Three members representing the constituencies of: Civil engineering, industry and New Castle County shall be elected in 1978 and every 4 years thereafter. (2) Three members representing the constituencies of: electrical engineering, private consulting practice and Kent County shall be elected in 1979 and every 4 years thereafter. (3) Three members representing the constituencies of: mechanical engineering, education and Sussex County shall be elected in 1980 and every 4 years thereafter. (4) Three members representing the constituencies of: chemical engineering, government and any other engineering discipline not previously designated shall be elected in 1981 and every 4 years thereafter. (b) The schedule for the appointment of the 3 appointed members shall be as follows: (1) One member from New Castle County shall be appointed in 1994 and every 4 years thereafter. (2) One member from Kent County shall be appointed in 1993 and every 4 years thereafter. (3) One member from Sussex County shall be appointed in 1991 and every 4 years thereafter. (c) All appointments to the Council shall be made by the Governor in accordance with the above schedule and with the requirements of § 2807 of this title. Each term of office of the appointed Council members shall expire on the date specified in the appointment, however, the Council member shall remain eligible to participate in Council proceedings unless and until replaced by the Governor. (d) The 12 Council members shall be elected by members of the Association through the procedure determined by Council, including, without limitation, electronic voting. The members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position. 24 Del. C. 1953, §  2808; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  3 ; 66 Del. Laws, c. 56, §  12 ; 67 Del. Laws, c. 368, §  17 ; 68 Del. Laws, c. 24, §  2 ; 69 Del. Laws, c. 412, §  10 ; 74 Del. Laws, c. 267, §  1 ; 79 Del. Laws, c. 112, §  1 ; § 2809 Annual election of officers. The President, Vice-President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice-President may serve more than 2 consecutive 1-year terms in office. 24 Del. C. 1953, §  2809; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2810 Powers of the Council. (a) The Council, under the head of the Council President or the President’s designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney’s fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted. (b) Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council. (c) The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced. (d) Except as provided for in § 2804 of this title the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns. (e) The Council may, in its sole discretion, delegate its authority to investigate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to an investigating committee. (f) The Council may, in its sole discretion, delegate its authority to adjudicate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to a hearing committee in accordance with § 2824(b)(2) of this title. 24 Del. C. 1953, §  2810; 58 Del. Laws, c. 501, §  1 ; 69 Del. Laws, c. 412, §  2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 267, §  1 ; 75 Del. Laws, c. 93, §  1 ; 76 Del. Laws, c. 291, §  10 ; § 2811 Council vacancies. (a) Where any member of Council is absent from 3 consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council. (b) When any member of Council resigns, dies, moves that member’s residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes that member’s engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes that member’s field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes that member’s county of residence if elected to fill a county residency position, the office shall be declared vacant. (c) A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat. A declared vacancy of an appointed Council position may, upon a majority vote of Council, be temporarily filled by the former Council member until a new person meeting the qualifications required to hold that appointed Council seat is appointed by the Governor. (d) A declared vacancy of an elected Council seat shall be temporarily filled either by the former Council member or by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence, upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term. 24 Del. C. 1953, §  2811; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  4 ; 68 Del. Laws, c. 24, §  3 ; 69 Del. Laws, c. 412, §§  11, 12 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2812 Administration. The Council may appoint or employ such administrative officials as it deems fit. 24 Del. C. 1953, §  2812; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2813 Immunity of Council and committees. (a) The Council and the members of any committees appointed by the Council are immune from any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determination undertaken or performed, or from any recommendation made, so long as the Council or committee member acted in good faith and without gross negligence in carrying out the responsibilities, authority, duties, powers, and privileges conferred by law upon them, with good faith being presumed. (b) The Attorney General’s office shall represent the Council, Council members, council officials, any committee created by Council or committee member, and at the express request of the Council, any person appointed or employed by the Council, in a civil action for damages arising from duties and services performed, or powers to be exercised, for the State. If the Attorney General’s office determines it would be improper or unlawful to undertake such representation, then representation of such parties should proceed in accordance with § 3925 of Title 10. 24 Del. C. 1953, §  2813; 58 Del. Laws, c. 501, §  1 ; 65 Del. Laws, c. 261, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 267, §  1 ; 78 Del. Laws, c. 162, §  2 ; § 2814 Bylaws of the Association. The Council shall prepare for approval by the membership the following bylaws related to the administrative and domestic duties of the Association: (1) Prescribing procedures for the nomination of members of Council by a nominating committee and by the nomination by members; (2) Prescribing procedures for the election of members of the Council; (3) Prescribing procedures for the nomination and election of Council President, Vice-President, Secretary and Treasurer by the Council; (4) Prescribing the duties of members of the Council and rules governing their conduct; (5) Respecting the remuneration and reimbursement of members of the Council; (6) Respecting the calling, holding and conducting of meetings of the Council and of the Association; (7) Respecting the management of the property of the Association; (8) Providing for the borrowing of money on the credit of the Association and the charging, mortgaging or pledging of the real or personal property of the Association to secure any money borrowed or other debt or other obligation or other liability of the Association; (9) Respecting the receipt and disbursement of the funds of the Association and the investment of funds in a savings account which must be in a bank located within the State for the purpose of earning interest on the investment; (10) Respecting the establishment of a reserve fund within a year of the initial election of Council for emergency or unforeseen expenses; (11) Providing for an annual independent audit of the accounts of the Association; (12) Providing for the appointment of committees of the Council and defining their composition, functions, remuneration and reimbursement; (13) Providing for the closing of the roster and the registration of recorded changes of addresses or disciplines of the registrants for a period of 20 calendar days immediately preceding any meeting of the Association or any mailing of ballots for vote or election by the membership; (14) For maintaining a system for the recording of registrants, their disciplines, their residence and business addresses and the counties in which they are resident, recording of the names and addresses of official representatives of engineering corporations and partnerships, and other pertinent data. The official roster of the Association shall be printed at least biannually and be available to the membership; (15) Fixing and providing for the levying and collection or remitting of annual or other fees approved by the members in accordance with this chapter; (16) Prescribing applications, certificates, and seals and providing for their issuance and use; (17) Concerning bonding of officers of the Council and employees of the Association; (18) Respecting all other things that are deemed necessary or convenient for the attainment of the objectives of the Association and the efficient conduct of its business. 24 Del. C. 1953, §  2814; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; 85 Del. Laws, c. 159, § 3 ; § 2815 Bylaw approval by members. A bylaw is effective when approved by the members. Proposed bylaws or changes shall be submitted to the members for approval by means of a letter ballot returned by not less than 20 percent of the members within 30 days after the mailing thereof. Affirmative votes by the majority of members voting within the prescribed time shall constitute approval by the members. 24 Del. C. 1953, §  2815; 58 Del. Laws, c. 501, §  1 ; 74 Del. Laws, c. 267, §  1 ; § 2816 Code of ethics. (a) The Council shall prepare and publish a code of ethics designed for the protection of the public. (b) All applicants, members, associate members, affiliate members, adjunct members, and holders of a certificate of authorization must subscribe to and follow this code of ethics in the practice of professional engineering, or in seeking to register as a professional engineer or seeking certification as an engineer intern. (c) The Code of Ethics is available on the Delaware Association of Professional Engineers’ website. 24 Del. C. 1953, §  2816; 58 Del. Laws, c. 501, §  1 ; 69 Del. Laws, c. 412, §§  3, 16 ; 74 Del. Laws, c. 267, §  1 ; 81 Del. Laws, c. 193, § 2 ; 85 Del. Laws, c. 159, § 4 ; § 2817 Requirements for licensure. The following requirements for the 3 essential components of education, experience, and examination shall be considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer: (1) Graduates from an engineering educational program approved by the Engineering Accreditation Commission (EAC) of ABET, Inc. (formerly the Accreditation Board for Engineering and Technology), or from an ABET recognized foreign accreditation agency approved educational program, or an engineering educational program approved by an accrediting agency that is a signatory to the Washington Accord. a. Graduation with a baccalaureate degree from an engineering educational program accredited by the EAC of ABET, Inc., or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation; procedures or by an accrediting agency that is a signatory to the Washington Accord; and b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and c. Successful passing of an examination approved by the Council; and d. Meeting the additional requirements of paragraph (7) of this section. (2) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering. a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 8 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and c. Successful passing of an examination approved by the Council; and d. Meeting the additional requirements of paragraph (7) of this section. (3) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold master’s degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent: a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 5 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and c. Successful passing of an examination approved by the Council; and d. Meeting the additional requirements of paragraph (7) of this section. (4) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold doctoral degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent: a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and c. Successful passing of an examination approved by the Council; and d. Meeting the additional requirements of paragraph (7) of this section. (5) Engineering experience and examination. — a. Professional experience in engineering work of a character satisfactory to the Council, consisting of 15 years or more of lawful practice and indicating that the applicant is competent to practice as a professional engineer; and b. Successful passing of an examination approved by the Council; and c. Meeting the additional requirements of paragraph (7) of this section. (6) Comity. — a. The Council may, upon application and payment of the required fee and without further examination, issue a license as a professional engineer to any person holding a current, valid certificate of registration or a license as a professional engineer issued to that person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or other Council-approved foreign jurisdiction, provided the applicant’s certificate or license is in good standing as defined in paragraph (9) of this section, and the applicant’s qualifications meet at least 1 of the following: 1. The professional engineering qualifications of the applicant on the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State on that date. 2. The professional engineering qualifications of the applicant at any time subsequent to the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State in effect at that time. A personal interview may be required by Council to ascertain the facts in the case. 3. [Repealed.] 4. The professional engineering qualifications of the applicant include a minimum of 5 years of continuous and verifiable experience as a professional engineer. The applicant must meet the additional requirements of paragraph (7)a. of this section. 5. An applicant holding a valid NCEES council record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration record. 6. An applicant who has been designated as a “model law engineer” by the National Council of Examiners for Engineering and Surveying. Such person may be issued a license administratively without Council review. b. The Council may, upon application and payment of the required fee, issue a license as a professional engineer to an applicant who is an International Professional Engineer (IntPE) registrant under the International Engineering Alliance (IEA) International Professional Engineers Agreement (IPEA). The applicant’s IntPE registration must be current and in good standing as defined in paragraph (9) of this section. Such applicant must also have a minimum of 5 years of continuous and verifiable experience as a professional engineer obtained after receipt of the applicant’s IntPE registrant status. The applicant must meet the additional requirements of paragraph (7)a. of this section. c. If the person who has been licensed in Delaware pursuant to paragraph (6)a. or b. of this section has that person’s license to practice revoked in the state in which the person was registered or licensed at the time licensure in Delaware through comity was sought, then the authorization issued in Delaware shall be automatically revoked followed 30 days’ written notice from the Council unless the person makes application to the Council for consideration for retaining the Delaware authorization and the Council acts favorably on such application. (7) Additional requirements. — a. Every applicant shall give not less than 5 references, people who state that in their opinion and by their personal knowledge the applicant is qualified to practice as a professional engineer. At least 3 such references shall be registered or licensed professional engineers in this or any other state or territory or possession of the United States, the District of Columbia, other Council-approved foreign jurisdiction, or an IntPE registrant under the IEA. b. An applicant, otherwise qualified, shall not be required to be actively practicing the applicant’s profession at the time of the applicant’s application. c. Every applicant must demonstrate knowledge of the Delaware Professional Engineers Act and the code of ethics to the satisfaction of the Council. d. The required examination shall consist of a Fundamentals of Engineering examination and a Principles and Practice of Engineering examination furnished by, and scored by, the National Council of Examiners for Engineering and Surveying, or other nationally normed examinations which are approved by the Council. e. There is no requirement as to when the examination in the Fundamentals of Engineering is taken, other than it is required to be successfully passed before licensure, except for applicants exempt under paragraph (8) of this section; or as specified under paragraph (7)f. of this section. f. The examination in Principles and Practice of Engineering shall not be taken until after the satisfactory completion of the educational requirements as outlined in paragraphs (1)-(4) of this section or the experience requirements of paragraph (5) of this section. Applicants that are using the engineering experience and examination pathway (licensure without degree) under paragraph (5) of this section must pass the Fundamentals of Engineering examination prior to taking the Principles and Practice of Engineering examination. g. [Repealed.] (8) Applicants for licensure as a professional engineer shall be exempt from the requirement to pass the Fundamentals of Engineering Examination, if they are qualified as follows: a. An individual holding an earned doctoral degree in engineering from a university, which has an undergraduate program, accredited by ABET or by an accrediting agency that is a signatory to the Washington Accord, in that discipline at the time that individual earned the doctoral degree, providing that doctoral degree required the passing of a Ph.D. qualifying examination from that university; or, b. An individual holding a baccalaureate degree from a Council-approved 4-year engineering educational program, who has at least 15 years of professional experience in the lawful practice of engineering of a character satisfactory to the Council, and which indicates that the applicant is competent to practice as a professional engineer. (9) The Council may refuse an applicant for licensure if the Council finds that the applicant has: a. Been convicted of a crime that is substantially related to the practice of engineering; or b. Misstated or misrepresented a fact in connection with the applicant’s application; or c. Been found guilty of a violation of this chapter or of the Delaware Association of Professional Engineers’ Code of Ethics; or d. Engaged in the practice of engineering in this State without being licensed as a professional engineer. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform; or e. Used improper means to gain information usable by the applicant on or in connection with an examination taken by the applicant to obtain licensure as a professional engineer or certification as an engineer intern; or f. Been disciplined by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in § 2823 of this title; or g. Voluntarily surrendered an engineering license in order to avoid disciplinary action by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in § 2823 of this title. (10) Where an application of a person has been refused or rejected, and such applicant feels that the Council has acted without justification, has imposed higher or different standards for that person than for other applicants, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. 24 Del. C. 1953, §  2817; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §§  5, 6 ; 66 Del. Laws, c. 56, §§  1-8 ; 67 Del. Laws, c. 6, §§  1-4 ; 68 Del. Laws, c. 24, §  4 ; 68 Del. Laws, c. 321, §§  1-4 ; 69 Del. Laws, c. 43, §§  9-11 ; 69 Del. Laws, c. 412, §§  4, 13-15 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 259, §§  1-3 ; 74 Del. Laws, c. 267, §  1 ; 75 Del. Laws, c. 304, §§  1, 2 ; 76 Del. Laws, c. 291, §  11 ; 77 Del. Laws, c. 50, §§  1, 2 ; 78 Del. Laws, c. 162, §  3 ; 79 Del. Laws, c. 112, §  1 ; 82 Del. Laws, c. 116, §§ 1-3 ; 83 Del. Laws, c. 190, § 2 ; 84 Del. Laws, c. 153, § 2 ; 85 Del. Laws, c. 159, § 5 ; 85 Del. Laws, c. 322, § 2 ; 85 Del. Laws, c. 548, § 21 ; § 2818 Experience and educational equivalence. (a) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the experience of a full-time faculty member teaching advanced engineering subjects in an ABET-accredited, or CEAB-accredited engineering curriculum may be accepted as part of the professional experience specified in § 2817(1) or (2) of this title. (b) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a master’s degree in engineering involving 1 year or more of post graduate study in an engineering educational program approved by the Council may be accepted as 1 year of professional experience required in § 2817 of this title; or (c) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a doctorate, with or without a master’s degree, involving full-time post-graduate study in an engineering educational program approved by the Council may be accepted as 2 years of professional experience required in § 2817 of this title. 24 Del. C. 1953, §  2818; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  7 ; 66 Del. Laws, c. 56, §  9 ; 67 Del. Laws, c. 6, §  5 ; 74 Del. Laws, c. 267, §  1 ; 75 Del. Laws, c. 304, §  3 ; 79 Del. Laws, c. 112, §  1 ; 79 Del. Laws, c. 380, §  1 ; § 2819 Requirements for certification as an engineer intern. The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an engineer intern: (1) Graduation with a baccalaureate degree from an engineering educational program accredited by the Accreditation Board of Engineering and Technology (ABET), or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures, or from a Council-approved educational program in engineering not accredited by ABET or an ABET-approved foreign educational program accreditation agency, engineering technology or science related to engineering; and (2) a. Council-approved professional experience of 15 years or more; or b. Successful passing of a Fundamentals of Engineering examination. 24 Del. C. 1953, §  2819; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  8 ; 66 Del. Laws, c. 56, §  10 ; 67 Del. Laws, c. 6, §  6 ; 69 Del. Laws, c. 43, §  12 ; 74 Del. Laws, c. 267, §  1 ; 79 Del. Laws, c. 112, §  1 ; § 2820 Qualifications for a temporary permit [Repealed]. 24 Del. C. 1953, §  2820; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 124, §  3 ; 61 Del. Laws, c. 467, §§  9, 10 ; 67 Del. Laws, c. 6, §  7 ; 74 Del. Laws, c. 267, §  1 ; 81 Del. Laws, c. 193, § 3 ; repealed by 83 Del. Laws, c. 190, § 3, effective Sept. 17, 2021. ; § 2821 Certificate of authorization. (a) An engineering corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, engineering as defined in this chapter. (b) The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said engineering corporation or partnership: (1) Is designated as being in responsible charge of the engineering activities and engineering decisions of the said corporation or partnership; and (2) Is a licensee. (c) All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be licensees. The requirements of this chapter shall not prevent an engineering partnership or corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations. (d) An engineering corporation or partnership desiring a certificate of authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the engineering corporation or partnership and also of any licensee who shall be in responsible charge of the practice of engineering through the said engineering corporation or partnership, together with any other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within 30 days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a certificate of authorization to such engineering corporation or partnership, and such engineering corporation or partnership shall be authorized to contract for and to collect fees for furnishing engineering services. (e) The Council may refuse or reject an applicant if, the Council finds that the applicant has practiced engineering without being authorized under this section. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform. (f) No such engineering corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of this compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of this employment or relationship with such corporation or partnership. (g) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Council prior to the issuance of a certificate of authorization. (h) A licensee who practices, or offers to practice, engineering under a name other than that person’s licensed name is required to obtain a certificate of authorization, or to practice under a certificate of authorization. 24 Del. C. 1953, §  2821; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  11 ; 62 Del. Laws, c. 376, §  1 ; 66 Del. Laws, c. 56, §  11 ; 68 Del. Laws, c. 24, §  5 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 51, §  5 ; 74 Del. Laws, c. 267, §  1 ; 75 Del. Laws, c. 304, §  4 ; § 2822 Public works. (a) The State, its political subdivisions, agencies, commissions, and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this chapter, unless: (1) The engineer, partnership or corporation which will perform and/or take responsibility for all engineering work, as identified in the proposal, is authorized to practice engineering under this chapter at the time of submission of the proposal; and (2) The engineering study, drawings, specifications, and estimates are prepared by, and the construction is executed under the responsible charge or direct supervision of a licensee. (b) Any contract executed in violation of this section shall be null and void. 24 Del. C. 1953, §  2822; 58 Del. Laws, c. 501, §  1 ; 61 Del. Laws, c. 467, §  12 ; 68 Del. Laws, c. 24, §  6 ; 74 Del. Laws, c. 267, §  1 ; 85 Del. Laws, c. 159, § 6 ; § 2823 Grounds for discipline; appeals. (a) Applicants, adjunct and affiliate members, and any person licensed under this chapter shall be subject to disciplinary penalties set forth in § 2824(c) of this title, if, after a hearing, the person is found to violate any of the following: (1) The practice of any fraud or deceit in the attempt to obtain any authorization to practice engineering in this State; (2) Any negligence, gross negligence, pattern of negligence, incompetence, or misconduct in the practice of engineering; (3) Violation of the code of ethics promulgated by the Council; (4) A crime that is substantially related to the practice of engineering; (5) a. An activity resulting in discipline by another jurisdiction, state, territory, or possession of the United States, foreign country, the District of Columbia, the United States government, or any other governmental agency, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in this section; b. The voluntary surrendering of an engineering license in order to avoid disciplinary action by another jurisdiction, state, territory, or possession of the United States, foreign country, the District of Columbia, the United States government, or any other governmental agency, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in this section. (6) The failure to report instances of out-of-state discipline, as set forth in the immediately preceding paragraph, to the Executive Director of the Delaware Association of Professional Engineers within 60 days of the final order imposing discipline; (7) Aiding or abetting another person in violating any provision of this chapter; (8) Signing, affixing the licensee’s seal, or permitting the licensee’s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document, or calculation, or revision thereof, that has not been prepared by the licensee or those under the licensee’s responsible charge; or (9) Failure to comply with and satisfy the continuing professional competency guidelines and requirements. (b) The Council shall have the power to review the actions of any applicants sitting for any examination that is conducted by, or on behalf of, the Association to determine the applicant’s qualification for licensure as a professional engineer or certification as an engineer intern. (1) An examinee may be dismissed from examination and subject to disciplinary or other Council action for conduct, including: a. Cheating on an examination; b. Giving assistance to, or receiving assistance from another person; c. Compromising the integrity of the examination; d. Disruptive or abusive behavior; e. Participating in any form of violation of exam policies or procedures during an examination. (2) Evidence of failing to comply with an examination administrator’s policies and procedures subsequent to an examination may also be cause for action by the Council. An examinee who does not fully comply with the examination administrator’s policies and procedures during or after an examination may be subject to having those examination results invalidated and being prohibited from taking the examination again for a period determined by the Council. Examinations taken and passed in other jurisdictions while barred from taking that examination in Delaware will not be accepted for licensing purposes in Delaware. (3) [Repealed.] (c) The Council, after receipt of a complaint in accordance with § 2824(c) of this title associated with the practice of engineering in Delaware, shall have the power to review the actions and representations of individuals, corporations or partnerships not authorized by this chapter to engage in the practice of engineering in Delaware. Upon notice, hearing and review afforded by subchapters III and V of the Administrative Procedures Act, Chapter 101 of Title 29, the Council may issue a cease and desist order to an individual, corporation or partnership found to be engaged in the unauthorized practice of engineering, notwithstanding that the individual’s, corporation’s or partnership’s license has lapsed, expired or has been suspended or revoked. (d) Subject to notice, hearing and review afforded by subchapters III and V of the Administrative Procedures Act, Chapter 101 of Title 29, the