2022 Delaware Code
Title 24 - Professions and Occupations
Chapter 2. LANDSCAPE ARCHITECTS
§ 205. Powers and duties.

(1) Formulate rules and regulations relating to official seals and other matters, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this chapter;

(2) Designate the application form to be used by all applicants for licensure, subject to the approval of the Director of the Division of Professional Regulation, and to process all applications;

(3) Designate a written national examination, prepared by either the national professional association or by a recognized legitimate national testing service. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The national examination shall be taken by persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Provide for the administration of all examinations, including notice and information to applicants;

(5) Under such conditions as are permitted by the national testing service, administer the uniform national examination, or another nationally-administered examination for those applicants who have been unable to take it at the school or college of landscape architecture, or elsewhere;

(6) Grant licenses to all persons who meet the qualifications for licensure;

(7) Refer complaints received from practitioners and from the public, concerning practitioners or practices of the profession, to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29;

(8) If an investigation under § 8735 of Title 29 indicates that a disciplinary hearing is appropriate, to conduct such hearing in accordance with this chapter; with the provisions of § 8735(h) of Title 29; and with the applicable provisions of the Administrative Procedures Act [Chapter of 101 of Title 29];

(9) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate penalties or sanctions after time for appeal has lapsed;

(10) Bring proceedings in the courts for the enforcement of this chapter;

(11) Maintain complete records relating to meetings, applications, examinations, rosters, changes in the Board's rules and regulations, complaints, hearings and other matters within the Board's jurisdiction, except for those matters or subjects where the records are maintained by the Division of Professional Regulation;

(12) Formulate rules and regulations relating to continuing education requirements for practitioners; and

(13) Require, by subpoena, the attendance and testimony of witnesses and the production of papers, records and other documentary evidence.