2022 Delaware Code
Title 24 - Professions and Occupations
Chapter 28. PROFESSIONAL ENGINEERS
§ 2810. Powers of the Council.

(a) The Council, under the head of the Council President or the President's designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney's fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted.

(b) Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council.

(c) The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced.

(d) Except as provided for in § 2804 of this title the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns.

(e) The Council may, in its sole discretion, delegate its authority to investigate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to an investigating committee.

(f) The Council may, in its sole discretion, delegate its authority to adjudicate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to a hearing committee in accordance with § 2824(b)(2) of this title.