§ 4413 — The Manufactured Home Installation Board; appointments; composition; qualifications; term; succession; conflicts of interest; public inquiries

Delaware § 4413

• Jurisdiction: Delaware
• Title: 24
• Ch. 44: MANUFACTURED HOME INSTALLATION
• Subch.: The Manufactured Home Installation Board

Text

(a) The Board shall consist of 5 members, appointed by the Governor, who are residents of this State. These members shall consist of:

(1) Two manufactured home installers, licensed under this chapter.

(2) One manufactured home installation inspector, certified under this chapter.

(3) Two members of the public.

(b) Except as provided in subsection (c) of this section, each member shall serve a term of 3 years, and may succeed oneself; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed oneself for only 1 additional full term. Any person appointed to fill a vacancy on the Board, or to replace a member who has held over following the expiration of that member’s term of office, 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. Any person appointed to replace a member who has held over following the expiration of that member’s term of office, shall serve a term of less than 3 years when necessary to ensure that Board members’ terms expire on a rotating annual basis.

(c) A person may be appointed to the Board for up to 2 consecutive terms and, if the person has been twice appointed to the Board or has served on the Board for 6 or more years within any 9-year period, that person shall again be eligible for appointment to the Board only after an interim period of at least 3 years has expired since such person last served.

(d) 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 this section, unless such an amendment or revision amends this section to permit such an appointment.

(e) In addition to the criteria set forth in subsection (a) of this section:

(1) No member of the Board, while serving on the Board, shall hold elective office in any professional association of manufactured home installers, including but not limited to serving as the head of the professional association’s Political Action Committee (PAC);

(2) The public members shall be accessible to inquiries, comments, and suggestions from the general public; and

(3) No public member of the Board shall be, or ever have been:

a. A manufactured housing installer;

b. A member of the immediate family of a licensed manufactured housing installer;

c. Employed by a manufactured home installation company or contractor;

d. Materially interested in the providing of goods and services to manufactured home installers;

e. Engaged in an activity directly related to the manufactured home installation business.

Legislative History

75 Del. Laws, c. 213, § 1 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 39, § 1