Current through 2024 Legislative Session Act Chapter 348
Section 315 - Disciplinary sanctions(a) The Board may impose any of the following sanctions or take any of the following actions, singly or in combination, when it finds that 1 of the conditions or violations set forth in §314 of this title applies to an architect or holder of a certificate of authorization: (1) Issue a letter of reprimand;(2) Censure the architect or holder of a certificate of authorization;(3) Place the architect or holder of a certificate of authorization on probationary status, and require the architect or holder of a certificate of authorization to: a. Report regularly to the Board upon the matters which are the basis of the probation;b. Limit all practice and professional activities to those areas prescribed by the Board; and/orc. Continue or renew the architect's professional education until the required degree of skill has been attained in those areas which are the basis of the probation;(4) Suspend a registered architect's certificate of registration or suspend a certificate of authorization;(5) Revoke a registered architect's certificate of registration or revoke a certificate of authorization;(6) Issue cease and desist orders;(7) Seek injunctions; and/or(8) Seek judicial enforcement of civil fines imposed by the Board.(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such actions have been remedied.(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.(d) Where a certificate of registration has been suspended due to a disability of the registered architect, the Board may reinstate such certification of registration if, after a hearing, the Board is satisfied that the registered architect is able to practice with reasonable skill and safety. (e) As a condition to reinstatement of a suspended certificate of registration, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. Amended by Laws 2013, ch. 213,s 2, eff. 4/15/2014.38 Del. Laws, c. 60, § 20; Code 1935, § 910; 24 Del. C. 1953, § 318; 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, §§ 6 - 11.;