Subchapter V. Disciplinary proceedings and judicial review
TITLE 24
Professions and Occupations
CHAPTER 44. MANUFACTURED HOME INSTALLATION
Subchapter V. Disciplinary proceedings and judicial review
§ 4441. Grounds and procedure for denial, nonrenewal or revocation of license.
(a) The Board may revoke, deny, or refuse to renew any license or certificate issued pursuant to this chapter if the licensee or certificate holder fails to meet the applicable provisions of this chapter or of the Board's regulations.
(b) The Board shall promulgate rules and regulations establishing the procedures for the denial, nonrenewal, or revocation of a manufactured home installer license or installation inspector certificate.
(c) No licensee, applicant, former licensee, or certificate holder shall have his or her license or certificate restricted, denied, nonrenewed, or revoked until such licensee, applicant, former licensee, or certificate holder has been provided notice of the Board's intended action and an opportunity to be heard on the matter in a public hearing.
(d) At a hearing of the Board pursuant to this section:
(1) The Board may consider evidence from any source relating to the competency or status of the applicant, licensee or former licensee;
(2) The Delaware Uniform Rules of Evidence shall be used as a reference to guide proceedings; and
(3) Parties may be represented by counsel, but such representation shall not be required by the Board, and any corporate party may represent itself through an officer, fiduciary, or duly authorized representative of the corporation.
(e) Following a hearing of the Board conducted pursuant to this section, the Board shall issue a written decision, within which it shall set forth its findings of fact and conclusions of law and shall include the reasons for such decision. The Board's decision shall also announce the status of the applicant, licensee, or former licensee. The Board's decision shall be issued and approved by the Board in a timely manner pursuant to the Administrative Procedures Act, Chapter 101 of Title 29. The Board's decision is final when approved by the Board.
(f) The Board's approved decision shall be mailed to the parties and released to the public within 24 hours following its approval by the Board.
(g) Any licensee, applicant, former licensee, or certificate holder who was a party to the hearing before the Board and who is aggrieved by the Board's decision may bring an appeal on the record to the Superior Court. An appeal pursuant to this subsection must be taken within 30 days of the Board's decision becoming final.
75 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4442. Complaints; complaint hearings.
(a) The Board may at any time consider complaints from any source as to the competency of any applicant, licensee, or Board-certified inspector.
(b) If the Board receives a complaint, and wishes to take action that is adverse to the applicant, licensee, or inspector, the Board shall schedule a public hearing on the complaint pursuant to the Administrative Procedures Act, Chapter 100 of Title 29.
(c) At a complaint hearing:
(1) The Delaware Uniform Rules of Evidence shall be used as a reference to guide proceedings;
(2) Parties may be represented by counsel, but such representation shall not be required by the Board, and any corporate party may represent itself through an officer, fiduciary, or duly authorized representative of the corporation; and
(3) Evidence of compliance with the installation code, such as the issuance of a certificate of completion or occupancy following installation inspection, shall be prima facie evidence that an installer has correctly installed a manufactured home.
(d) Following a hearing of the Board conducted pursuant to this section, the Board shall issue a written decision, within which it shall set forth its findings of fact and conclusions of law and shall include the reasons for such decision. If the Board finds that an installation was performed or completed in a manner not in compliance with this chapter, the Board's decision shall also contain a section to address the deficiency or deficiencies in the installation and the Board may direct a licensee to take such corrective actions as it deems necessary to bring the installation into compliance. The Board's decision shall be issued and approved by the Board in a timely manner pursuant to the Administrative Procedures Act, Chapter 101 of Title 29. The Board's decision is final when approved by the Board.
(e) The Board's approved decision shall be mailed to the parties and released to the public within 24 hours following its approval by the Board.
(f) Any complainant, licensee, applicant, former licensee, or certificate holder who was a party to the hearing before the Board and who is aggrieved by the Board's decision may bring an appeal on the record to the Superior Court. An appeal pursuant to this subsection must be taken within 30 days of the Board's decision becoming final.
75 Del. Laws, c. 213, § 1.;
§ 4443. Unauthorized practitioners.
(a) Any person found by the Board, after an investigation into the matter, to be an unauthorized practitioner shall be ordered by the Board to cease and desist all activities the person is undertaking in this State as an unauthorized practitioner. The Board's cease and desist order shall be issued and approved by the Board in a timely manner pursuant to the Administrative Procedures Act, Chapter 101 of Title 29. The Board's cease and desist order is final when approved by the Board. The Board's approved order shall be mailed to the unauthorized practitioner and released to the public within 24 hours following its approval by the Board.
(b) If it comes to the Board's attention that an unauthorized practitioner has failed to obey a cease and desist order issued pursuant to this section, the Board may pursue a civil action in the Justice of the Peace Court to enforce the order and seeking civil penalties as follows:
(1) For a first offense, the unauthorized practitioner shall be order to pay to the Board a penalty in the amount of $500 for the installation or inspection undertaken in violation of this chapter and shall be ordered to pay all costs associated with the Board's action.
(2) For second and subsequent offenses, the unauthorized practitioner shall be ordered to pay to the Board a penalty in the amount of $1,000, plus an additional $1,000 for each installation or inspection undertaken in violation of this chapter, and shall be ordered to pay all costs associated with the Board's action.
75 Del. Laws, c. 213, § 1.;
§ 4444. Applicability of other laws.
Nothing in this chapter shall prevent or hinder any prosecution under the applicable provisions of Title 11. Where it is alleged that such violation of this chapter has resulted in serious injury to or the death of any individual, the offender shall be charged and tried under the applicable provisions of Title 11.
75 Del. Laws, c. 213, § 1.;