Delaware § 2821 - Certificate of authorization.

§ 2821. Certificate of authorization.

(a) An engineering corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, engineering as defined in this chapter.

(b) The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said engineering corporation or partnership:

(1) Is designated as being in responsible charge of the engineering activities and engineering decisions of the said corporation or partnership; and

(2) Is a licensee.

(c) All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be licensees. The requirements of this chapter shall not prevent an engineering partnership or corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations.

(d) An engineering corporation or partnership desiring a certificate of authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the engineering corporation or partnership and also of any licensee who shall be in responsible charge of the practice of engineering through the said engineering corporation or partnership, together with any other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within 30 days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a certificate of authorization to such engineering corporation or partnership, and such engineering corporation or partnership shall be authorized to contract for and to collect fees for furnishing engineering services.

(e) The Council may refuse or reject an applicant if, the Council finds that the applicant has practiced engineering without being authorized under this section. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform.

(f) No such engineering corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of this compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of this employment or relationship with such corporation or partnership.

(g) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Council prior to the issuance of a certificate of authorization.

(h) A licensee who practices, or offers to practice, engineering under a name other than that person’s licensed name is required to obtain a certificate of authorization, or to practice under a certificate of authorization.

24 Del. C. 1953, §  2821;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  11;  62 Del. Laws, c. 376, §  1;  66 Del. Laws, c. 56, §  11;  68 Del. Laws, c. 24, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 51, §  5;  74 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 304, §  4;