§ 314 — Violations; grounds for professional discipline

Delaware § 314

• Jurisdiction: Delaware
• Title: 24
• Ch. 3: ARCHITECTURE

Text

(a) An architect or holder of a certificate of authorization shall be subject to those disciplinary actions set forth in § 315 of this title, if, after a hearing, the Board finds that the architect or holder of a certificate of authorization has:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a certificate of registration, or be otherwise authorized to practice architecture;

(2) Engaged in illegal, incompetent or negligent conduct in the practice of architecture;

(3) As an architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities; or

(4) Violated a lawful provision of this chapter, or any lawful regulation established thereunder.

(b) An architect shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:

(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;

(2) Temporary emotional disorder or mental illness; or

(3) Permanent emotional disorder or mental illness.

(c) If an architect’s physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order the architect to submit to a reasonable physical or mental examination. Failure to comply with such an order shall render a registered architect liable to temporary suspension or revocation of the architect’s certificate of registration in accordance with § 315 of this title, notwithstanding the Board’s power to compel such attendance under subsection (d) of this section.

(d) Where an architect fails to comply with the Board’s request that the architect submit to an examination or attend a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said court or any judge assigned thereto shall have jurisdiction to issue such order.

(e) No certificate of registration or certificate of authorization shall be restricted, suspended or revoked by the Board, and no registered architect’s right to practice shall be limited by the Board, until such registered architect or holder of a certificate of authorization has been given notice and an opportunity to be heard in accordance with § 316 of this title.

Legislative History

38 Del. Laws, c. 60, § 19 ; Code 1935, § 909; 24 Del. C. 1953, § 317; 62 Del. Laws, c. 344, § 1 ; 64 Del. Laws, c. 1, § 1 ; 68 Del. Laws, c. 144, § 1 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 225, §§ 2-5