§ 3603 — Board of Geologists; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation

Delaware § 3603

• Jurisdiction: Delaware
• Title: 24
• Ch. 36: GEOLOGY
• Subch.: Board of Geologists

Text

(a) There is created a State Board of Geologists, which shall administer and enforce this chapter.

(b) The Board shall consist of 7 members, appointed by the Governor, who are residents of this State: Four shall be geologists licensed under this chapter, 1 of whom shall be a member of the Delaware Geological Survey, either the State Geologist, or the State Geologist’s designee if the State Geologist declines the appointment, and 3 public members. The public members shall not be, nor ever have been, geologists, nor members of the immediate family of a geologist; shall not have been employed by a geologist or a company engaged in the practice of geology; shall not have a material interest in the providing of goods and services to geologists; nor have been engaged in an activity directly related to geology. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(d) A person who has never served on the Board may be appointed for 2 consecutive terms. No person who has been twice appointed to the Board or has served on the Board for 6 years shall again be appointed until an interim period of at least 1 year has expired since the person last served. This section shall not apply to the State Geologist or the State Geologist’s designee who shall be appointed by the Governor to serve at the pleasure of the Governor with no term limits.

(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of geologists; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC).

(h) Chapter 58 of Title 29 shall apply to all members of the Board.

(i) Any member, who is absent without adequate reason for 3 consecutive meetings, or fails to attend at least1/2of all regular business meetings during any calendar year, shall be guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

24 Del. C. 1953, § 3603; 58 Del. Laws, c. 477 ; 61 Del. Laws, c. 477, § 1 ; 66 Del. Laws, c. 105, § 2 ; 67 Del. Laws, c. 368, § 23 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 298, § 1 ; 77 Del. Laws, c. 404, §§ 1, 2 ; 81 Del. Laws, c. 85, § 19