2006 Delaware Code - Subchapter I — General Provisions
§ 8701. Establishment of Department of State.
A Department of State is established having, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Chapter 23 of this title. (29 Del. C. 1953, § 8701; 57 Del. Laws, c. 570, § 1.)
§ 8702. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the successor is duly qualified and appointed. (29 Del. C. 1953, § 8702; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1.)
§ 8703. Powers, duties and functions of the Secretary.
The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following powers, duties and functions:
(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;
(2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Director of the Division of Corporations, who shall be known as the Director of Corporations and who shall be qualified by training and experience to perform the duties of the office;
b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural Affairs and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties of the office.
d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the duties of the office.
(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;
(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;
(6) To delegate any of the Secretary's powers, duties or functions to a director of a division except the power to remove employees of the Department or to fix their compensation;
(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) To adopt an official seal or seals for the Department. (29 Del. C. 1953, § 8703; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 10.)
§ 8704. Division of Corporations.
The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to subtitle I of Title 6 and Title 8. (29 Del. C. 1953, § 8704; 57 Del. Laws, c. 570, § 1.)
§ 8705. Division of Historical and Cultural Affairs.
(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites, Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;
(2) The Lewes Memorial Commission;
(3) The Delaware Day Commission;
(4) The Portrait Commission;
(5) The Delaware Archaeological Board; and
(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources in the State.
(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues derived from future property and building acquisitions for operational support of those facilities and properties as they are acquired. Spending authority shall be subject to the requirements of the annual appropriation act. (29 Del. C. 1953, § 8705; 57 Del. Laws, c. 570, § 1; 72 Del. Laws, c. 91, § 74; 73 Del. Laws, c. 310, § 12; 75 Del. Laws, c. 153, § 16.)
The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described in subchapter 1 of Chapter 5 of this title. (72 Del. Laws, c. 91, § 75.)
§ 8707. Delaware Government Information Center.
(a) The Government Information Center shall have the following functions and duties:
(1) To publish, maintain and continuously update content on the State's Internet portal to facilitate convenient and comprehensive access to government information;
(2) To provide convenient access to a complete collection of on-line information and resources published by state government and a comprehensive and current collection of online information and resources published by local, state and federal agencies of interest to the public;
(3) To provide information and resource materials related to Internet content management and online publishing services to state agencies, state and local governmental units and their subdivisions and, at the Department's discretion, to not-for-profit and other organizations to ensure every Delaware citizen easy access to online government information;
(4) To promote increased usage of Delaware's diverse collection of online resources and encourage community input in identifying and assessing areas for improvement;
(5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated by the Department of Technology and Information;
(6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a training and information program on Internet publishing and content management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and political subdivisions;
(7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities;
(8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter;
(9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful access to statewide Internet content;
(10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or agreements relating to information technology will follow the business policies and procedures established by the Department of Technology and Information; and,
(11) To perform all other activities pertinent to the organizational function of the Government Information Center.
(b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports, forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of making accessible to Delaware and other citizens resource materials published electronically at the expense of the State. The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access and shall publish a comprehensive online directory of all government forms, publications and other such information available to the public through the State's websites. (75 Del. Laws, c. 89, § 131.)
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of State;
(2) Assistant to the Secretary of State;
(3) Director of Corporations;
(4) State Bank Commissioner;
(5) Director of Division of the Arts;
(6) Director of Libraries;
(7) Chief of Human Relations;
(8) Director of Historical and Cultural Affairs;
(9) State Archivist and Records Administrator;
(10) Executive Director of the Public Employment Relations Board;
(11) Director of Professional Regulation;
(12) Director of the Public Service Commission; and
(13) Public Advocate. (29 Del. C. 1953, § 8708; 57 Del. Laws, c. 570, § 1; 63 Del. Laws, c. 195, § 1C; 67 Del. Laws, c. 128, § 1; 68 Del. Laws, c. 149, § 27; 68 Del. Laws, c. 224, § 3; 69 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, § 76; 75 Del. Laws, c. 88, § 18.)
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter. (29 Del. C. 1953, § 8709; 57 Del. Laws, c. 570, § 1.)
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law. (29 Del. C. 1953, § 8710; 57 Del. Laws, c. 570, § 1.)
§ 8711. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of State as created and established in this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this chapter. (29 Del. C. 1953, § 8711; 57 Del. Laws, c. 570, § 1.)
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operation and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law. (29 Del. C. 1953, § 8712; 57 Del. Laws, c. 570, § 1.)
§ 8713. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described. (29 Del. C. 1953, § 8713; 57 Del. Laws, c. 570, § 1.)
§ 8714. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations. (29 Del. C. 1953, § 8714; 57 Del. Laws, c. 570, § 1.)
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter. (29 Del. C. 1953, § 8716; 57 Del. Laws, c. 608, § 7.)
§ 8716. Division of the Public Advocate.
(a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be a person qualified by training and/or experience to perform the duties of the office. The Public Advocate shall be appointed by the Governor with the advice and consent of the majority of the Senate and shall hold office at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public Advocate shall be a full-time employee of the State.
(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person's own name or as a fiduciary, or whose spouse or minor child residing in that person's household owns or controls any stock, note or debenture in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends directly upon or is under the control of a public utility.
(c) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter 58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject to Chapters 64 and 100 of this title.
(d) The Public Advocate shall have the following powers and duties:
(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation.
(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and consistent with an equitable distribution of rates among all classes of consumers.
(3) To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative and regulatory agencies and commissions in matters involving rates, service and practices of public utilities.
(4) To hire, from time to time, as needed, in connection with proceedings before the Commission, experts in the utility regulation field, including, but not limited to, economists, cost of capital experts, rate design experts, accountants, engineers and other specialists. A budget for compensation and/or expenses of these experts shall be provided annually through the Delaware Public Service Commission Regulatory Fund. Nothing in this section shall be construed to preclude the Public Advocate from applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such additional amounts as the General Assembly shall determine.
(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any other party in interest.
(6) To have full access to the records of the Public Service Commission.
(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties.
(8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by the merit system of personnel administration.
(e) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate shall have any legal effect.
(f) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission.
(g) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, appeal and do any other act appropriate for a party to the Commission. (71 Del. Laws, c. 138, § 17; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 7, 17(3).)
§ 8717. Division of Public Utility Control.
The Division of Public Utility Control is established within the Department of State having powers, duties and functions as follows:
(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers, duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.
(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26 or the other laws of the State. (63 Del. Laws, c. 195, § 2c; 71 Del. Laws, c. 138, § 18; 75 Del. Laws, c. 88, §§ 8, 9, 17(3).)
§ 8718. State Bank Commissioner.
(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.
(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.
(c) The Commissioner shall receive, in full compensation for the Commissioner's services, such salary as shall be fixed by the Governor within such limitations as may be prescribed by law.
(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.
(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy Commissioner.
(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Board of Bank Incorporation pursuant to Title 5.
(g) [Deleted.] (29 Del. C. 1953, § 8809; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 66 Del. Laws, c. 203, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 24, § 19.)
(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner. The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate to enable the office of State Bank Commissioner to function in the best possible manner.
(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank Advisory Board shall serve as a member of the Council for the period of the member's unexpired term unless the member vacates the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter all new appointees shall serve for a term of 3 years.
(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.
(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term. (29 Del. C. 1953, § 8810; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 70 Del. Laws, c. 186, § 1.)
§ 8720. Delaware Commission of Veterans' Affairs -- Established; composition; powers.
(a) There is hereby established the Delaware Commission of Veterans' Affairs, hereafter referred to as the "Commission."
(b) The Commission shall be composed of 15 members, who shall be veterans appointed by the Governor for 4-year terms, except that initial appointments to the Commission shall consist of 4 veterans to serve 4-year terms, 4 veterans to serve 3-year terms, and 3 veterans to serve 2-year terms. Thereafter, all terms shall be for 4 years. During the course of a member's term, they must remain members in good standing of the nominating organization. If a vacancy occurs, the new appointment shall be for the balance of the original term. The Governor shall make all appointments to the Commission from lists containing at least 3 names of members recommended by each of the statewide veterans' membership organizations incorporated in the State, chartered by Congress, or authorized under Title 38, United States Code, to represent veterans in Delaware. The Governor shall select 1 member from each list submitted by the statewide veterans' membership organizations. For purposes of this section, a veteran is any person who has served honorably on active duty in the U.S. Army, Air Force, Navy, Marine Corps or the Coast Guard or served as a Merchant Marine between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and has been honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (1) Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further service; or (2) the individual was released prior to 2 years of active duty for the convenience of the government. (65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 145, § 4; 69 Del. Laws, c. 228, § 1.)
§ 8721. Delaware Commission of Veterans' Affairs -- Duties and responsibilities.
(a) The Commission shall assume all duties and responsibilities of the current appointed Veterans' Affairs Committee.
(b) The Commission shall hire through the State Merit System employment process and employ an Executive Director, a clerical assistant and such other personnel as are necessary to perform those duties prescribed by the Commission. All employees of the Commission, including the Executive Director, shall be veterans as defined in § 8720(b) of this title. Said employees shall report to the Secretary of State on all administrative matters and shall report to the Commission on all substantive matters.
(c) The Commission shall have the power of oversight in the administration of the Delaware State Veterans' Home and shall have the authority to promulgate such rules, regulations and policy as is necessary to the operation of a veterans' home provided, however, such rules, regulations and policy are not inconsistent with the other provisions of this chapter.
(d) The Commission shall have the power to operate and/or administer a Delaware Veterans' Memorial Cemetery in the State and shall have the authority to promulgate such rules and regulations governing the operation of a cemetery as it deems necessary; provided, however, such rules and regulations are not inconsistent with the provisions of this chapter.
(e) The Commission shall establish a repository for all veterans' "Statement of Service" or similar documentary verification of active armed service.
(f) The Commission shall represent the State in concert with other states' veterans' agencies and the U.S. Veterans' Administration on matters of mutual interest and concern.
(g) The Commission shall coordinate with and advise all departments and agencies of the State on all matters pertaining to education, training, employment, medical and financial benefit programs for veterans, their dependents and survivors.
(h) The Commission shall initiate, review, and/or sponsor state legislation pertaining to veterans.
(i) The Commission and/or its Executive Director shall augment, not replace nor infringe upon, the functions of the service officers (representatives) of veterans' organizations; provided, however, the Commission may appoint a service officer in each county, such service officer to be accountable and responsible to the Commission.
(j) The Commission shall submit to the Governor and to the General Assembly an annual report of the Commission's activities and recommendations. (65 Del. Laws, c. 232, § 1; 67 Del. Laws, c. 42, §§ 1, 2; 69 Del. Laws, c. 225, § 1; 69 Del. Laws, c. 228, § 3; 70 Del. Laws, c. 358, §§ 1, 2; 75 Del. Laws, c. 288, § 1.)
§ 8722. Delaware Commission of Veterans' Affairs -- Authority.
The Commission is hereby authorized to develop and promulgate bylaws, rules and regulations not inconsistent with the law, which are necessary for the enforcement and implementation of §§ 8720, 8721, 8722, 8723, 8724 and 8725 of this title and all applicable federal rules and regulations. (65 Del. Laws, c. 232, § 1.)
§ 8723. Delaware Commission of Veterans' Affairs -- Organization and operation.
(a) Any veterans' organization as defined in § 8720(b) of this title may petition the Governor to remove from the Commission a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.
(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be sufficient grounds for the representative of the particular veterans' organization to be removed by the Governor.
(c) Prospective members of the Commission shall be recommended by the respective veterans' organizations and appointed by the Governor as vacancies occur.
(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official of each respective statewide veterans' organization.
(e) The members of the Commission shall elect 1 of their members to serve as Chairperson and 1 as Vice-Chairperson who shall not serve more than 2 consecutive terms. Such elections shall be held annually in September.
(f) The Chairperson and Vice-Chairperson shall serve as voting members of the Commission.
(g) The Executive Director shall attend all meetings of the Commission, keep a full and true record of its proceedings, preserve at its general office all its books, documents and papers, and perform such other duties as the Commission may prescribe.
(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chairperson. Special meetings may be called by the Chair or a majority of the Commission membership.
(i) A quorum shall consist of a simple majority of the Commission members.
(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance with state law.
(k) The Commission's executive offices shall be located in Dover, Delaware. (65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 225, § 2; 71 Del. Laws, c. 188, § 1.)
§ 8724. Delaware Commission of Veterans' Affairs -- Funding.
Annually, the Commission shall submit a proposed budget to the Department of State for review and approval by that Department. The Department of State shall then recommend to the General Assembly that the Commission's budget be included as a line item within said Department's funding. (65 Del. Laws, c. 232, § 1.)
§ 8725. Delaware Commission of Veterans' Affairs -- Relationship to other state agencies.
(a) Unless otherwise indicated, the duties, responsibilities and authority set forth in §§ 8721 and 8723 of this title are reserved specifically to the Commission.
(b) The Commission may request the advice, opinion or assistance of other appropriate state agencies as necessary to properly discharge its duties and responsibilities.
(c) The Department of State shall provide reasonable office and meeting facilities and other logistic support as requested by the Commission.
(d) The Department of State shall maintain an overview of the Commission's operation in order to insure proper use of, and accountability for, state funds appropriated for that purpose.
(e) The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques purchased/donated by veteran's family members to their original location within the cemetery or to a site agreeable to the veteran's family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed or relocated for any purpose without the approval of the Co-chairs of the Joint Legislative Committee on the Capital Improvement Program. Existing memorial works are historical, cultural and aesthetic resources. (65 Del. Laws, c. 232, § 1; 75 Del. Laws, c. 98, § 56.)
§ 8726. Division of the Arts; definitions.
(a) "Council" means the Delaware State Arts Council created by this chapter.
(b) "Director" means the Director of the Division of the Arts.
(c) "Division" means the Division of the Arts.
(d) "State" means the State of Delaware. (67 Del. Laws, c. 128, § 2.)
§ 8727. Division of the Arts -- Establishment; powers and duties.
The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency:
(1) To promote and encourage public interest in the cultural heritage of our State and to expand the State's cultural resources, and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater, dance, painting, sculpture, architecture and allied arts and crafts;
(2) To encourage and assist freedom of artistic expression;
(3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations and institutions in the State;
(4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the needs and aspirations of persons in all parts of the State; and
(5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and improvement of the performing and fine arts. (67 Del. Laws, c. 128, § 2.)
§ 8728. Division of the Arts -- The Delaware State Arts Council.
(a) The Delaware State Arts Council is hereby established for the purpose of promotion and encouragement of the arts and shall provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it by the Governor, by the Secretary of the Department or by the Director. The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(b) The Delaware State Arts Council shall be composed of Delaware citizens broadly representative of all fields of the performing and fine arts known for their interest in these areas appointed by the Governor. Each such citizen shall serve as a member of the Delaware State Arts Council for the period of the unexpired term unless the member vacates the position by resignation, death or incapacity. The Council shall be composed of not more than 15 members. When the number of members has been reduced to less than 15 by reason of the expiration of terms, resignation, death or incapacity, the Governor shall appoint new members. The terms of newly appointed members will be staggered so that no more than one third will expire annually. All new appointees shall serve for a term of 3 years and no member shall serve more than 2 consecutive terms.
(c) The Governor may appoint members for terms of less than 3 years to ensure that the Board members' terms expire on a staggered basis.
(d) Members of the Council and Chairperson shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties related to the Council.
(e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve in that capacity at the pleasure of the Governor.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of a member's term shall be filled only for the remainder of that term. (67 Del. Laws, c. 128, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 258, §§ 1, 2.)
§ 8729. Division of the Arts -- Assistance for the development of the Arts.
(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities, agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts in the State and to enhance the appreciation of artistic expressions by citizens of the State.
(b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private or public nonprofit association, to accomplish any work authorized by this chapter.
(c) The Director and the Council shall establish such rules and regulations as are necessary to determine the eligibility of any instrumentality, or agency or political subdivision, private or public nonprofit association for participation in contracts authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal Revenue Service as proof of nonprofit status.
(d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year. (67 Del. Laws, c. 128, § 2.)
§ 8730. Division of the Arts -- Exemption from Bid Law.
The Division shall be exempt from Chapter 69 of this title. (67 Del. Laws, c. 128, § 2.)
§ 8731. Division of Libraries.
(a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general direction and control over the furnishing of library services within this State. The Director of the Division shall be the State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries shall have the following functions and duties:
(1) To provide information, resource materials and library services to state agencies, state and local governmental units and their subdivisions and, in the Department's discretion, to organizations in need of library services;
(2) To coordinate library services of the several counties in order to assure to every Delaware citizen free and equal access to services, resources and guidance in the use of such for continuing self-educational, political, cultural, economic, recreational and intellectual enrichment;
(3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter;
(4) To foster the recruitment, development and maximum utilization of library personnel throughout the State;
(5) To encourage broad community participation in library development, program planning and the implementation of such plans;
(6) To establish and promote cooperation among all types of libraries at all service levels;
(7) To ensure the State's compatibility to and reciprocity within a national information resources network;
(8) To provide access to a complete collection of current documents published by state government and a comprehensive collection of current local, state and federal documents of interest to the State;
(9) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped;
(10) To stimulate every Delaware citizen to fully utilize the State's cultural resource materials and to maintain the individual's right of access to those materials;
(11) To offer resources which supplement and reinforce local libraries;
(12) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation of the State's library system;
(13) To recommend legislation to achieve meaningful statewide library development and use;
(14) To establish, interpret and administer standards of effective library services;
(15) To enter into contracts and agreements to provide or to obtain library services and materials; and
(16) To perform all other activities pertinent to the organizational function of library services.
(b) Every state agency shall provide and deposit with the Department sufficient copies of all publications issued by such agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of the State. The Administrator of Libraries shall recommend the number of copies required for deposit, consistent with state interests. From time to time listing of such documents received under the terms of this section shall be published. (29 Del. C. 1953, § 8610; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 4; 65 Del. Laws, c. 290, § 1; 68 Del. Laws, c. 149, § 6; 69 Del. Laws, c. 346, § 1.)
(a) There is hereby established the Council on Libraries.
(b) The Council on Libraries shall serve in an advisory capacity to the Department and shall consider matters relating to libraries and library standards throughout the State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the General Assembly. The Council on Libraries may study, research, plan and make advisory recommendations to the Governor, the Secretary of the Department or the General Assembly on matters it deems appropriate to provide the best possible library service in Delaware.
(c) The Council on Libraries shall be composed of 2 members who shall be elected annually by each County Library Advisory Board and who shall serve at its pleasure and 7 members appointed by the Governor. Of the 7 members appointed by the Governor, 3 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years and 2 members shall be appointed for a term of 3 years; at no time shall there be more than a bare majority representation of 1 major political party, but any person who declines to state a political affiliation shall be considered eligible for appointment as a member; and after the initial appointments, all terms shall be for 3 years. No member shall be appointed for more than 2 consecutive terms. The Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(d) Members of the Council on Libraries shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties.
(e) A vacancy prior to the expiration of the term of a member of the Council on Libraries shall be filled only for the remainder of that term. (29 Del. C. 1953, § 8611; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 5; 68 Del. Laws, c. 149, § 6; 70 Del. Laws, c. 186, § 1.)
§ 8733. Division of Human Relations.
(a) The Division of Human Relations is established, and shall be responsible for the performance of all the administrative, ministerial, fiscal and clerical functions of the State Human Relations Commission. The Director of the Division may appoint and remove employees of the Division as provided by law.
(b) Except as provided in subsection (a) of this section, the membership, remuneration, organization, meetings, powers, duties and functions of the State Human Relations Commission shall remain as prescribed in Chapters 45 and 46 of Title 6 and Chapter 30 of Title 31. (29 Del. C. 1953, § 8604; 57 Del. Laws, c. 583, § 1; 68 Del. Laws, c. 149, § 7; 75 Del. Laws, c. 356, §§ 1, 2.)
§ 8734. State Council for Persons with Disabilities.
(a) There is hereby established a State Council for Persons with Disabilities.
(b) This Council shall have the following duties and responsibilities:
(1) Promote coordination among all state programs, services and plans established for or related to persons with disabilities.
(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.
(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities, and for facilitating the implementation of new or expanded programs.
(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.
(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.
(6) Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.
(7) Serve as a central state clearinghouse for information and data regarding:
a. The current numbers of persons with disabilities and their needs;
b. The location, provision and availability of services and programs for persons with disabilities;
c. Any other relevant information and data about persons with disabilities which the council deems appropriate.
(8) Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.
(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.
(c) For administrative purposes, this Council is placed within the Office of Disability Affairs in the Department of State.
(d) This Council shall consist of the following members:
(1) The Secretary of Health and Social Services, or a designee of the Secretary;
(2) The Secretary of Labor, or a designee of the Secretary;
(3) The Secretary of Education, or a designee of the Secretary;
(4) The Secretary of State, or a designee of the Secretary;
(5) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;
(6) The following councils and committees shall elect 1 of their members each year to serve as a member of the Council:
a. The Governor's Advisory Council for Exceptional Citizens;
b. Developmental Disabilities Planning Council;
c. Governor's Committee on Employment of Persons with Disabilities;
d. Council on Mental Retardation;
e. Governor's Advisory Council for the Division of Substance Abuse and Mental Health;
f. Architectural Accessibility Board;
g. Delaware Transit Corporation;
h. Governor's Advisory Council on Services for Aging and Adults with Physical Disabilities;
i. Council on Public Health;
j. Council on Deaf Equality;
k. Criminal Justice Council;
l. State Rehabilitation Advisory Council; and
m. Other councils and committees as approved by both the State Council for Persons with Disabilities and the affected council or committee;
(7) Consumers appointed by the Council Chairperson in a number equal to members elected pursuant to paragraphs (1) through (6) of this subsection.
(e) In appointing persons under subsection (d)(7) of this section, preference should be given to persons with disabilities, and any vacancy among the members referred to in subdivisions (d)(6) and (d)(8) of this section should be filled by the respective council/committee within 1 month of the vacancy.
(f) Any member who misses either 3 consecutive meetings or 4 out of any 12 consecutive meetings shall be presumed to have resigned from the Council.
(g) Members of the Council shall serve without compensation, except that they may be reimbursed by the Office of Disability Affairs, Department of State, for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefor and in accordance with state law.
(h) The Council shall elect its own Chairperson.
(i) The Council shall determine its meeting schedule, but there shall be not less than 4 meetings each calendar year, open to the public, held in an accessible place and with accommodations as requested.
(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.
(k) As used in this section, "persons with disabilities" means any person who has a physical or mental impairment which substantially limits 1 or more major life activities, has a record of such an impairment or is regarded as having such an impairment with the exception of the visually impaired.
(l) For purposes of this section, the operations and activities of the Division for the Visually Impaired and the Governor's Advisory Council on the Blind shall be exempt from the purview of the State Council for Persons with Disabilities. (71 Del. Laws, c. 138, § 19; 73 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 97, § 7[6]; 73 Del. Laws, c. 193, § 2; 75 Del. Laws, c. 88, §§ 11, 17.)
§ 8735. Division of Professional Regulation.
(a) The Division of Professional Regulation shall have the powers, duties and functions set forth in this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions, boards and agencies, with the exception that the Secretary of State shall not be precluded from entering into a memorandum of understanding with the Secretary of the Department of Health and Social Services for the purpose of allowing employees of the Department of Health and Social Services to function as inspectors, investigators and administrative support for the Board of Pharmacy:
(1) Board of Accountancy as set forth in Chapter 1 of Title 24;
(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;
(3) Board of Architects as set forth in Chapter 3 of Title 24;
(4) Board of Podiatry as set forth in Chapter 5 of Title 24;
(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;
(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;
(7) Board of Dental Examiners as set forth in Chapter 11 of Title 24;
(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;
(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;
(10) Board of Medical Practice as set forth in Chapter 17 of Title 24;
(11) Board of Nursing as set forth in Chapter 19 of Title 24;
(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;
(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;
(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;
(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;
(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;
(17) Real Estate Commission as set forth in Chapter 29 of Title 24;
(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;
(19) Board of Funeral Services as set forth in Chapter 31 [repealed] of Title 24;
(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;
(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;
(22) Board of Geologists as set forth in Chapter 36 of Title 24;
(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37 of Title 24;
(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;
(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;
(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;
(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;
(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;
(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;
(30) Gaming Control Board as set forth in Chapter 15 of Title 28;
(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;
(32) Board of Athlete Agent Examiners as set forth in Chapter 54 of Title 24;
(33) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; and
(34) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24.
(b) The Division of Professional Regulation shall have the following powers, duties and functions related to the regulation of boxing. It shall:
(1) Promulgate and enforce rules and regulations for the conduct of professional and amateur boxing matches or exhibitions for which a fee is charged. The Division shall consult with members of the medical profession on health-related matters in the promulgation of health-related regulations;
(2) Issue licenses and permits for amateur and professional boxing exhibitions for which a fee is charged. The Division shall have the power to suspend or revoke any license in the interest and protection of the public health, safety and welfare;
(3) Determine whether a bond shall be posted, the amount of any bond and all other conditions relative to such posting or to any waiver or exclusion from posting a bond;
(4) Designate an agent to act on behalf of the Division who shall, at all times during any boxing match, be the person present representing the State, and exercising its regulatory powers over all persons involved with the match including the authority to veto the decisions of others for good cause, and the authority to halt any match or all matches in the interest of the public health, safety or welfare. Any such agent, and any of its authorized representatives and employees, shall be treated as an agency of the State and/or a public officer or employee of the State, for purposes of subchapter I of Chapter 40 of Title 10.
(c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions, boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate fees for each agency. All revenue generated by any of the activities performed by or on behalf of the boards or commissions listed in this chapter shall be deposited in an appropriated special fund account in the Division of Professional Regulation. These funds shall be used to fund all costs necessary to defray the expenses of each board or commission or of the Division on behalf of such board or commission, up to the budget authority for any fiscal year or portion thereof.
(d) The Division of Professional Regulation shall have the following powers, duties and functions relating to the administration of examinations for all boards, commissions and other agencies listed in this section:
(1) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;
(2) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs of all agency examinations, including test validation;
(3) To pay examination services and other expenses directly related to the administration of examinations;
(4) To review, approve and execute all contracts for examination services;
(5) Review and approve, subject to Sunset Committee review, the content and validity of any examination written, developed or used by a board or commission listed in this section; and
(6) Supervise the administration and proctoring of all tests for all boards and commissions.
(e) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members of all boards and commissions listed in this section, which policy shall be set forth in the Division's rules and regulations. In establishing this policy, the Director of Professional Regulation may consider the limits of available appropriations and the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of state professional regulatory boards. In addition to the rate of compensation established in the Delaware Code for each board or commission, each member of a board or commission listed in this section may receive reimbursement or partial reimbursement for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to state employees, per mile actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.
(f) The Division of Professional Regulation shall establish policies governing the appropriate times, locations and notice for meetings and public hearings of all boards and commissions listed in this section so as to promote public participation. Such policies shall be set forth in the rules and regulations of the Division. Meetings and hearings may only take place in facilities approved by the Division.
(g) The Director of Professional Regulation shall ensure that all regulatory actions taken by boards and commissions listed in this section are in conformance with the Administrative Procedures Act and the Freedom of Information Act. The Director shall review and approve all legal notices, public notices and agendas for conformance with these requirements.
(h) The following procedure shall be followed for the investigation of complaints against licensees of boards, agencies and commissions listed in subsection (a) of this section and otherwise regulated by the Division of Professional Regulation:
(1) Any person who desires to file a complaint against any licensee regulated by a board, commission or agency covered pursuant to this chapter must do so in writing.
(2) The complaint shall state the name of the licensee and sufficient facts as determined by the Division which allegedly constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Division of Professional Regulation may, in its discretion, sua sponte dismiss the complaint.
(3) The complaint shall be filed with the Director of the Division. The Director shall, within 15 days of the receipt of the complaint, fill out a complaint card, assign a complaint number and log the complaint in the Division of Professional Regulation's records. A record of the complaint shall be kept with the Division for a period of 5 years. The Division shall also assign an investigator employed by the Division to investigate the complaint after this procedure is complied with.
(4) The Division of Professional Regulation shall thereafter mail a copy of the complaint to the licensee named in the complaint at the licensee's address of record in the Division's files. The named licensee, if the licensee chooses, may file an answer to the complaint within 20 calendar days with the Division.
(5) The Division shall, thereafter, provide a copy of the complaint to the board, commission or agency which regulates the named licensee in the complaint. The board, agency, or commission shall maintain a record of the same.
(6) At the board, agency or commission's next regularly scheduled meeting, it may assign a board member to assist the Division with the investigation of the complaint. This board member shall maintain strict confidentiality of the facts of the investigation and shall not discuss any issue of fact or law of the investigation with any other board member or the public. In addition, if a hearing is held, the investigating board member shall excuse himself or herself as a board member but may otherwise assist in the presentation of the complaint before the board.
(7) The investigator assigned by the Division of Professional Regulation shall direct the investigation of the complaint but shall maintain contact with the investigating board member regarding the investigation. The investigator shall issue a final report at the conclusion of the investigator's investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding. The report shall contain a written recommendation to either prosecute or dismiss the complaint approved by the Director of the Division of Professional Regulation.
(8) The investigator may forward the complaint and written report to the Department of Justice for review by a Deputy Attorney General. If deemed warranted, the Deputy Attorney General may file a formal written complaint against the named licensee with the board, commission or agency which regulates the licensee and request a hearing before the board, commission or agency. If the Deputy Attorney General assigned to the case recommends not to prosecute or otherwise not file a formal complaint, the Deputy Attorney General shall notify the Director of Professional Regulation in writing.
(9) If the Deputy Attorney General assigned to the case recommends dismissal or no prosecution, the Division shall, thereafter, dismiss the complaint which shall constitute a final order. The Division shall, thereafter, file a copy of the Attorney General's recommendation and an investigator's report with the board, commission or agency which regulates the licensee for informational purposes only.
(10) The Division Director or the Division Director's designee is empowered to 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. If the party or person subpoenaed fails to comply, the Division 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 $1,000 if the motion to compel is granted.
(i) This chapter does not preclude a commission, board or agency under the jurisdiction of this section from, if its enabling legislation so provides, revoking or immediately suspending a practitioner's license if the Board finds the health, welfare and safety of the public is in immediate or imminent danger.
(j) This chapter shall supersede any provisions of any commission, board or agency's procedures named in this section, except the Board of Medical Practice, for handling complaints against practitioners prior to July 20, 1989.
(k) The Division of Professional Regulation shall provide at least once every fiscal year training to members appointed to the regulatory boards listed in subsection (a) of this section. The training shall outline the legal responsibilities of Board members to protect the health, safety and welfare of the general public.
(l) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this section to the contrary and any provisions or procedures, by statute or regulation, of any commission, board or agency named in this section with respect to matters involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13, or notice from the Director of the Division of Child Support Enforcement pursuant to § 2216 of Title 13 regarding a licensee or applicant, the Director of the Division of Professional Regulation shall forthwith suspend, or deny to such licensee or applicant the issuance or renewal of, any license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation or business of any commission, board or agency named in this section (but not including any license issued on behalf of a non-profit applicant by the Gaming Control Board as set forth in Chapter 15 of Title 28).
(m) The social security number of the applicant shall be included on the application for issuance or renewal of any license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation or business of any commission, board or agency named in this section (but not including any license issued on behalf of a nonprofit applicant by the Gaming Control Board as set forth in Chapter 15 of Title 28).
(n) Unless otherwise provided by law, any Board within the Division of Professional Regulation may adopt through its rules and regulations the Voluntary Treatment Option for Chemically Dependent or Impaired Professionals for the treatment of chemically dependent or impaired persons regulated by such Board. The Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall be available to a regulated professional of a participating Board, provided the regulated professional has not committed any offense, other than the status of being chemically dependent or impaired, which otherwise constitutes a ground for discipline under applicable laws governing the regulated professional. The participating Board may defer and ultimately take no disciplinary action with regard to an eligible chemically dependent or impaired regulated professional who voluntarily signs an agreement, in a form satisfactory to the participating Board, agreeing to the terms and conditions specified in the Voluntary Treatment Option. The Board, where it deems appropriate, may proceed with disciplinary action with regard to a disciplinary offense alleged to have occurred prior to the professional's entry into the Voluntary Treatment Option. Any person regulated by a participating Board may refer himself/herself into this Voluntary Treatment Option. Any member of the public, or member of the participating professions regulated by the Division of Professional Regulation, may make a written report, signed by the complainant, of chemical dependency or impairment affecting any person regulated by a participating Board within the Division of Professional Regulation to the appropriate Board chairperson, her or his designate, or designates, or directly to the Director of the Division of Professional Regulation or his/her designate. Failure to provide such a report may be considered grounds for disciplinary action against a regulated professional so failing to report, if such grounds for disciplinary action are provided in the participating Board's statutes, rules or regulations. When a report is received indicating that a regulated professional of a participating Board may be chemically dependent or impaired, the Boards or Commissions subject to this Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall follow the following procedures:
(1) If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
(2) The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
(3) In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
(4) A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
(5) Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.
(6) The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
a. Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
b. Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
c. Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
d. Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
e. Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
f. Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
(7) The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
(8) The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
(9) If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
(10) Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
(11) Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
(12) Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
(o) The Secretary of State shall, notwithstanding any law to the contrary, also have the power to establish specific biennial renewal dates for professional licensure registration of Title 23 and Title 24 professional licensing boards in such manner as to promote the efficient administration of professional licensure renewal throughout each biennial period, and to provide for the imposition of licensure and related fees in accordance with § 2320 (c) of this title.
(p) Continuation of licenses and permits for deployed active duty, activated Reserve and National Guard military personnel.
(1) Notwithstanding any provision of Title 24 to the contrary, all licenses and permits issued by boards and commissions administered by the Division of Professional Regulation ("Division") pursuant to subsection (a) of this section, shall not expire for a qualifying person as defined in paragraph (6) of this subsection herein, as follows:
a. For 180 days after the date the qualifying person returns from active deployment, if continuing education credits are not a requirement of the license or permit renewal; or
b. For 270 days after the date the qualifying person returns from active deployment, if continuing education credits are a requirement of a license or permit renewal.
(2) A qualifying person who held or holds a valid license or permit at the time of deployment, which license or permit does not require continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission, the required documentation and information necessary, as required by Title 24, for renewal of the same type of permit or license within 90 days after the qualifying person has returned from active deployment.
(3) A qualifying person who held or holds a valid license or permit at the time of deployment, which license or permit has continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission the required documentation, including proof of having met the continuing education requirements and information necessary, as required by Title 24, for the same type of permit or license, for renewal within 180 days after the qualifying person has returned from active deployment.
(4) A qualifying person selected for active deployment may apply for a license or permit expiration extension prior to deployment, as allowed by paragraphs (2) and (3) of this subsection herein. Should a qualifying person hold a license or permit which would have expired during the qualifying person's period of deployment, said qualifying person may apply to renew said license or permit as allowed by paragraph (2) and (3) of this subsection herein. The intent to extend or renew such permit or license shall be made by the qualifying person to the Division on a form stipulated by the Division, accompanied by a copy of official deployment documents, or other official verification acceptable to the Division.
(5) The protection from license or permit expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure, as required in the section or sections of Title 24 applicable to the profession or professions for which the license or permit is sought.
(6) As used in this subsection "qualifying person" means a member of the active duty military, National Guard or the military reserve who is deployed by the President of the United States or the Governor of this State. (29 Del. C. 1953, § 8808; 57 Del. Laws, c. 581, § 1; 60 Del. Laws, c. 511, § 64; 60 Del. Laws, c. 716, § 1; 60 Del. Laws, c. 722, § 3; 62 Del. Laws, c. 68, § 114; 62 Del. Laws, c. 86, § 9; 62 Del. Laws, c. 277, § 57; 63 Del. Laws, c. 150, § 2; 63 Del. Laws, c. 195, § 1C; 65 Del. Laws, c. 172, § 3; 65 Del. Laws, c. 355, §§ 1-5; 66 Del. Laws, c. 85, § 124; 66 Del. Laws, c. 105, § 9; 66 Del. Laws, c. 128, § 3; 66 Del. Laws, c. 303, § 261(b); 66 Del. Laws, c. 402, § 1; 67 Del. Laws, c. 144, §§ 6-8; 67 Del. Laws, c. 365, § 1; 67 Del. Laws, c. 369, § 1; 68 Del. Laws, c. 84, § 173(b); 68 Del. Laws, c. 132, § 1; 68 Del. Laws, c. 236, § 2; 68 Del. Laws, c. 290, § 103; 69 Del. Laws, c. 306, § 2; 70 Del. Laws, c. 143, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 196, § 1; 70 Del. Laws, c. 242, § 2; 70 Del. Laws, c. 452, § 11; 70 Del. Laws, c. 582, § 2; 71 Del. Laws, c. 138, § 16; 71 Del. Laws, c. 185, § 2; 71 Del. Laws, c. 216, §§ 55, 89; 71 Del. Laws, c. 298, § 5; 71 Del. Laws, c. 303, § 1; 71 Del. Laws, c. 460, § 5; 72 Del. Laws, c. 265, § 5; 73 Del. Laws, c. 144, § 2; 74 Del. Laws, c. 381, § 7; 75 Del. Laws, c. 88, §§ 5, 6, 17(3); 75 Del. Laws, c. 105, § 8; 75 Del. Laws, c. 215, § 1; 75 Del. Laws, c. 280, § 1; 75 Del. Laws, c. 365, §§ 1-4.)
§ 8736. -8743. Diamond State Port Corporation -- Definitions; appointment of Executive Director; general powers; no pledge of state credit; no assumption of liability by state; reports and audits; tax status; appropriated funds; employees of the Corporation.
Transferred.
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