Delaware Code
Subchapter III. License — Heating, Ventilation, Air Conditioning, and Refrigeration
§ 1827. Grounds for discipline or other remediation [Effective until Jan. 1, 2023].

(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1828 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license, has allowed another person to use that licensee's license, or has aided or abetted an unlicensed to represent himself or herself as an individual licensed pursuant to this chapter;
(2) Illegally, incompetently, or negligently provided HVACR or HVACR restricted services;
(3) Been convicted of an offense, the circumstances of which substantially relate to providing HVACR or HVACR restricted services. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;
(4) In the last 2 years used illegal drugs; used prescription drugs without a prescription; excessively used legally prescribed drugs; or abused alcoholic beverages or drugs to the extent that it impaired that licensee's ability to provide services authorized under this chapter with reasonable skill, competence, and safety to the public;
(5) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities;
(6) Violated a provision of this chapter or any lawful regulation established hereunder;
(7) Had that licensee's license as a master HVACR licensee or master HVACR restricted licensee suspended or revoked, or been subjected to other adverse action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other adverse action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this section. A person licensed in this State is deemed to have given consent to the release of information regarding license suspension or revocation or other adverse action taken by the Board or by comparable agencies in other jurisdictions and to have waived all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other adverse action;
(8) Failed to notify the Board that the licensee's license to provide services authorized under this chapter in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license shall be conclusive evidence thereof; and
(9) A physical or mental impairment that prevents that licensee from providing services authorized under this chapter with reasonable skill, competence, and safety to the public.
(b) 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.

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