2019 Delaware Code
Title 24 - Professions and Occupations
Chapter 28. Professional Engineers
§ 2825 Unlicensed practice.
(a) Persons or engineering corporations or partnerships not licensed, not authorized by Council, or not holding a permit or certificate of authorization may not:
(1) Practice engineering as defined in this chapter.
(2) Use any name, title, description of designation, either orally or in writing, that will lead to the belief that such person is entitled to practice engineering as defined in this chapter, including without limitation the words “engineer” or “engineering” or any modification or derivative of those words.
(3) Advertise or hold oneself or conduct oneself in any way or in any such manner as to lead to the belief that such person is entitled to practice engineering.
(b) [Transferred to subsection (i) of this section.]
(c) Whoever practices or offers to practice engineering in this State without being licensed in accordance with the provisions of this chapter shall be in violation thereof.
(d) Whoever presents or attempts to use as that person’s own license, certificate of authorization, permit or the seal of a professional engineer not that person’s own shall be in violation of the provisions of this chapter.
(e) Whoever gives any false or forged evidence of any kind to the Council or to any member thereof in obtaining authorization to use the term “engineer,” a license, a certificate of authorization, or a permit shall be in violation of the provisions of this chapter.
(f) Whoever falsely impersonates any other adjunct member, affiliate member, licensee, holder of a certificate of authorization, or permittee with a similar or different name shall be in violation of the provisions of this chapter.
(g) Whoever attempts to use an expired or revoked authorization to use the term “engineer,” a license, certificate of authorization or permit shall be in violation of the provisions of this chapter.
(h) Any applicant who misstates or misrepresents any fact in connection with the application or any such applicant who uses improper means to gain information usable by such 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 shall be in violation of the provisions of this chapter.
(i) Each partner of a partnership and each officer or director of a corporation which practices engineering in violation of this chapter shall also be liable jointly and severally with and to the same extent as such partnership or corporation unless such partner, officer or director who is so liable sustains the burden of proof that the partner, officer or director did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the violation is alleged to exist.
(j) This chapter shall not be construed to prevent or to affect:
(1) The work of an employee or a subordinate of a licensee or permittee, provided such work is done under the direct responsibility, checking and supervision of a licensee or permittee, or
(2) The practice of professional engineering by an architect legally licensed in this State when such practice is incidental to what may be properly considered an architectural project.
(k) Whether prompted by receipt of a complaint or upon its own initiative, the Council or its investigating committee may review allegations of unlicensed practice of engineering.
(l) Complaints of unlicensed practice must be investigated and prosecuted in accordance with the administrative hearing procedures in § 2824(b) of this title, except that administrative orders are not available for cases of unlicensed practice.
(m) Unlicensed practice is punishable by a fine up to $5,000 and a cease and desist order that shall include a reasonable date certain for compliance.
(n) Cease and desist orders. — (1) The investigating committee may submit a written recommendation to the Council that a cease and desist order be issued. The written recommendation must include a copy of the proposed order. The proposed order must recite verbatim all complaint allegations the investigating committee believes are supported by its findings, brief recitation of those findings, and include a reasonable date certain deadline for the accused to comply with the order. The order must also indicate that the accused may request a hearing in writing any time before passage of the compliance deadline, and that the order will become final and enforceable after passage of the compliance deadline.
(2) By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the investigating committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If the Council approves the recommendation, the order must be served on the accused by certified mail with return receipt requested to the last address of record of the accused or by personal service.
(3) Cease and desist orders become final after passage of the compliance deadline only with positive proof of service, such as a signed return receipt or an affidavit of personal service. If the accused requests a hearing in writing to the investigating committee, the investigating committee shall proceed in accordance with § 2824(b)(1)g.3. of this title.
(o) Violations of a cease and desist orders must be investigated and prosecuted in accordance with the procedures in § 2824(b) of this title, except that administrative orders are not available. Violation of a cease and desist order is punishable by a fine up to $5,000 for each day a violation occurs.
24 Del. C. 1953, § 2825; 58 Del. Laws, c. 501, § 1; 61 Del. Laws, c. 467, § 14; 68 Del. Laws, c. 24, § 7; 69 Del. Laws, c. 412, § 9; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 267, § 1; 76 Del. Laws, c. 291, §§ 16-19; 79 Del. Laws, c. 112, § 1.
