A Department of State is established having, in addition to the other powers, duties and functions vested in the Department
by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore
vested in the Secretary of State pursuant to Chapter 23 of this title.
29 Del. C. 1953, § 8701; 57 Del. Laws, c. 570, § 1.;
(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident
of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by
the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve
at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary
with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department
to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary
of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case
the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such
absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. 1953, § 8702; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8703. Powers, duties and functions of the Secretary.
The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following
powers, duties and functions:
(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions,
offices, functions and employees;
(2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may
be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties
and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Director of the Division of Corporations, who shall be known as the Director of Corporations and who shall be qualified
by training and experience to perform the duties of the office;
b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural
Affairs and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties
of the office;
d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the
duties of the office.
(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within
such limitations as may be imposed by law;
(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval
of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for
and maintained;
(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(6) To delegate any of the Secretary's powers, duties or functions to a director of a division except the power to remove
employees of the Department or to fix their compensation;
(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department
as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) To adopt an official seal or seals for the Department.
29 Del. C. 1953, § 8703; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 10.;
§ 8704. Division of Corporations.
The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance
of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to subtitle I of Title 6 and
Title 8.
29 Del. C. 1953, § 8704; 57 Del. Laws, c. 570, § 1.;
§ 8705. Division of Historical and Cultural Affairs.
(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites,
Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant
to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;
(2) The Lewes Memorial Commission;
(3) The Delaware Day Commission;
(4) The Portrait Commission;
(5) The Delaware Archaeological Board; and
(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources
in the State.
(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building
rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson
Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues
derived from future property and building acquisitions for operational support of those facilities and properties as they
are acquired. Spending authority shall be subject to the requirements of the annual appropriation act.
29 Del. C. 1953, § 8705; 57 Del. Laws, c. 570, § 1; 72 Del. Laws, c. 91, § 74; 73 Del. Laws, c. 310, § 12; 75 Del. Laws, c. 153, § 16.;
§ 8706. Public Archives.
The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for
the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described
in subchapter 1 of Chapter 5 of this title.
72 Del. Laws, c. 91, § 75.;
§ 8707. Delaware Government Information Center.
(a) The Government Information Center shall have the following functions and duties:
(1) To publish, maintain and continuously update content on the State's Internet portal to facilitate convenient and comprehensive
access to government information;
(2) To provide convenient access to a complete collection of on-line information and resources published by state government
and a comprehensive and current collection of online information and resources published by local, state and federal agencies
of interest to the public;
(3) To provide information and resource materials related to Internet content management and online publishing services to
state agencies, state and local governmental units and their subdivisions and, at the Department's discretion, to not-for-profit
and other organizations to ensure every Delaware citizen easy access to online government information;
(4) To promote increased usage of Delaware's diverse collection of online resources and encourage community input in identifying
and assessing areas for improvement;
(5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated
by the Department of Technology and Information;
(6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a
training and information program on Internet publishing and content management to bring approved and current practices, methods,
procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and
political subdivisions;
(7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities;
(8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful
access to statewide Internet content;
(10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or
agreements relating to information technology will follow the business policies and procedures established by the Department
of Technology and Information; and,
(11) To perform all other activities pertinent to the organizational function of the Government Information Center.
(b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports,
forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of
making accessible to Delaware and other citizens resource materials published electronically at the expense of the State.
The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access
and shall publish a comprehensive online directory of all government forms, publications and other such information available
to the public through the State's websites.
75 Del. Laws, c. 89, § 131.;
§ 8708. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of State;
(2) Assistant to the Secretary of State;
(3) Director of Corporations;
(4) State Bank Commissioner;
(5) Director of Division of the Arts;
(6) Director of Libraries;
(7) Chief of Human Relations;
(8) Director of Historical and Cultural Affairs;
(9) State Archivist and Records Administrator;
(10) Executive Director of the Public Employment Relations Board;
(11) Director of Professional Regulation;
(12) Director of the Public Service Commission; and
(13) Public Advocate.
29 Del. C. 1953, § 8708; 57 Del. Laws, c. 570, § 1; 63 Del. Laws, c. 195, § 1C; 67 Del. Laws, c. 128, § 1; 68 Del. Laws, c. 149, § 27; 68 Del. Laws, c. 224, § 3; 69 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, § 76; 75 Del. Laws, c. 88, § 18.;
§ 8709. Assumption of powers.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission
and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware
Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred
to the Department by this chapter.
29 Del. C. 1953, § 8709; 57 Del. Laws, c. 570, § 1.;
§ 8710. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist
with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which
such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, § 8710; 57 Del. Laws, c. 570, § 1.;
§ 8711. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded
prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules
and regulations made by any agency from which functions are transferred and governing such functions and which are in effect
upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with
law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in
full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred
to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date
of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department,
be construed as referring and relating to the Department of State as created and established in this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created in this chapter.
29 Del. C. 1953, § 8711; 57 Del. Laws, c. 570, § 1.;
§ 8712. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operation
and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, § 8712; 57 Del. Laws, c. 570, § 1.;
§ 8713. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department
or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, § 8713; 57 Del. Laws, c. 570, § 1.;
§ 8714. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, § 8714; 57 Del. Laws, c. 570, § 1.;
§ 8715. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. 1953, § 8716; 57 Del. Laws, c. 608, § 7.;
§ 8716. Division of the Public Advocate.
(a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be
a person qualified by training and/or experience to perform the duties of the office. The Public Advocate shall be appointed
by the Governor with the advice and consent of the majority of the Senate and shall hold office at the pleasure of the Governor
during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public
Advocate shall be a full-time employee of the State.
(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person's own name or as
a fiduciary, or whose spouse or minor child residing in that person's household owns or controls any stock, note or debenture
in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends
directly upon or is under the control of a public utility.
(c) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter
58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject
to Chapters 64 and 100 of this title.
(d) The Public Advocate shall have the following powers and duties:
(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over
which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation.
(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and
consistent with an equitable distribution of rates among all classes of consumers.
(3) To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative
and regulatory agencies and commissions in matters involving rates, service and practices of public utilities.
(4) To hire, from time to time, as needed, in connection with proceedings before the Commission, experts in the utility regulation
field, including, but not limited to, economists, cost of capital experts, rate design experts, accountants, engineers and
other specialists. A budget for compensation and/or expenses of these experts shall be provided annually through the Delaware
Public Utility Regulatory Revolving Fund. Nothing in this section shall be construed to preclude the Public Advocate from
applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such
additional amounts as the General Assembly shall determine.
(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant
facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any
other party in interest.
(6) To have full access to the records of the Public Service Commission.
(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties.
(8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary
for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by
the merit system of personnel administration.
(e) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall
forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions
filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate
shall have any legal effect.
(f) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission.
(g) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate
shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a
party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file
briefs, appeal and do any other act appropriate for a party to the Commission.
71 Del. Laws, c. 138, § 17; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 7, 17(3).;
§ 8717. Division of Public Utility Control.
The Division of Public Utility Control is established within the Department of State having powers, duties and functions as
follows:
(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal,
compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers,
duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.
(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26
or the other laws of the State.
63 Del. Laws, c. 195, § 2c; 71 Del. Laws, c. 138, § 18; 75 Del. Laws, c. 88, §§ 8, 9, 17(3).;
§ 8718. State Bank Commissioner.
(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.
(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall
be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.
(c) The Commissioner shall receive, in full compensation for the Commissioner's services, such salary as shall be fixed by
the Governor within such limitations as may be prescribed by law.
(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.
(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of
the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all
the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor
is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant
to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy
Commissioner.
(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner
shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore
vested in the Board of Bank Incorporation pursuant to Title 5.
(g) [Deleted.]
29 Del. C. 1953, § 8809; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 66 Del. Laws, c. 203, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 24, § 19.;
§ 8719. Council on Banking.
(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall
consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this
State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner.
The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate
to enable the office of State Bank Commissioner to function in the best possible manner.
(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory
Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner
whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank
Advisory Board shall serve as a member of the Council for the period of the member's unexpired term unless the member vacates
the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new
members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year,
the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter
all new appointees shall serve for a term of 3 years.
(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major
political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major
political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party
over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for
appointment as a member of the Council.
(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
the member's term shall be filled only for the remainder of that term.
29 Del. C. 1953, § 8810; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 70 Del. Laws, c. 186, § 1.;
(a) There is hereby established the Delaware Commission of Veterans' Affairs, hereafter referred to as the "Commission."
(b) The Commission shall be composed of 15 members, who shall be veterans appointed by the Governor for 4-year terms, except
that initial appointments to the Commission shall consist of 4 veterans to serve 4-year terms, 4 veterans to serve 3-year
terms, and 3 veterans to serve 2-year terms. Thereafter, all terms shall be for 4 years. During the course of a member's term,
they must remain members in good standing of the nominating organization. If a vacancy occurs, the new appointment shall be
for the balance of the original term. The Governor shall make all appointments to the Commission from lists containing at
least 3 names of members recommended by each of the statewide veterans' membership organizations incorporated in the State,
chartered by Congress, or authorized under Title 38, United States Code, to represent veterans in Delaware. The Governor shall
select 1 member from each list submitted by the statewide veterans' membership organizations. For purposes of this section,
a veteran is any person who has served honorably on active duty in the U.S. Army, Air Force, Navy, Marine Corps or the Coast
Guard or served as a Merchant Marine between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and has
been honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (1)
Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further
service; or (2) the individual was released prior to 2 years of active duty for the convenience of the government.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 145, § 4; 69 Del. Laws, c. 228, § 1.;
§ 8721. Delaware Commission of Veterans' Affairs -- Duties and responsibilities.
(a) The Commission shall assume all duties and responsibilities of the current appointed Veterans' Affairs Committee.
(b) The Commission shall hire through the State Merit System employment process and employ an Executive Director, a clerical
assistant and such other personnel as are necessary to perform those duties prescribed by the Commission. All employees of
the Commission, including the Executive Director, shall be veterans as defined in § 8720(b) of this title. Said employees
shall report to the Secretary of State on all administrative matters and shall report to the Commission on all substantive
matters.
(c) The Commission shall have the power of oversight in the administration of the Delaware State Veterans' Home and shall
have the authority to promulgate such rules, regulations and policy as is necessary to the operation of a veterans' home provided,
however, such rules, regulations and policy are not inconsistent with the other provisions of this chapter.
(d) The Commission shall have the power to operate and/or administer a Delaware Veterans' Memorial Cemetery in the State and
shall have the authority to promulgate such rules and regulations governing the operation of a cemetery as it deems necessary;
provided, however, such rules and regulations are not inconsistent with the provisions of this chapter.
(e) The Commission shall establish a repository for all veterans' "Statement of Service" or similar documentary verification
of active armed service.
(f) The Commission shall represent the State in concert with other states' veterans' agencies and the U.S. Veterans' Administration
on matters of mutual interest and concern.
(g) The Commission shall coordinate with and advise all departments and agencies of the State on all matters pertaining to
education, training, employment, medical and financial benefit programs for veterans, their dependents and survivors.
(h) The Commission shall initiate, review, and/or sponsor state legislation pertaining to veterans.
(i) The Commission and/or its Executive Director shall augment, not replace nor infringe upon, the functions of the service
officers (representatives) of veterans' organizations; provided, however, the Commission may appoint a service officer in
each county, such service officer to be accountable and responsible to the Commission.
(j) The Commission shall submit to the Governor and to the General Assembly an annual report of the Commission's activities
and recommendations.
65 Del. Laws, c. 232, § 1; 67 Del. Laws, c. 42, §§ 1, 2; 69 Del. Laws, c. 225, § 1; 69 Del. Laws, c. 228, § 3; 70 Del. Laws, c. 358, §§ 1, 2; 75 Del. Laws, c. 288, § 1.;
§ 8722. Delaware Commission of Veterans' Affairs -- Authority.
The Commission is hereby authorized to develop and promulgate bylaws, rules and regulations not inconsistent with the law,
which are necessary for the enforcement and implementation of §§ 8720, 8721, 8722, 8723, 8724 and 8725 of this title and all
applicable federal rules and regulations.
65 Del. Laws, c. 232, § 1.;
§ 8723. Delaware Commission of Veterans' Affairs -- Organization and operation.
(a) Any veterans' organization as defined in § 8720(b) of this title may petition the Governor to remove from the Commission
a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.
(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be
sufficient grounds for the representative of the particular veterans' organization to be removed by the Governor.
(c) Prospective members of the Commission shall be recommended by the respective veterans' organizations and appointed by
the Governor as vacancies occur.
(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official
of each respective statewide veterans' organization.
(e) The members of the Commission shall elect 1 of their members to serve as Chairperson and 1 as Vice-Chairperson who shall
not serve more than 2 consecutive terms. Such elections shall be held annually in September.
(f) The Chairperson and Vice-Chairperson shall serve as voting members of the Commission.
(g) The Executive Director shall attend all meetings of the Commission, keep a full and true record of its proceedings, preserve
at its general office all its books, documents and papers, and perform such other duties as the Commission may prescribe.
(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chairperson. Special meetings
may be called by the Chair or a majority of the Commission membership.
(i) A quorum shall consist of a simple majority of the Commission members.
(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary
travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance
with state law.
(k) The Commission's executive offices shall be located in Dover, Delaware.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 225, § 2; 71 Del. Laws, c. 188, § 1.;
§ 8724. Delaware Commission of Veterans' Affairs -- Funding.
Annually, the Commission shall submit a proposed budget to the Department of State for review and approval by that Department.
The Department of State shall then recommend to the General Assembly that the Commission's budget be included as a line item
within said Department's funding.
65 Del. Laws, c. 232, § 1.;
§ 8725. Delaware Commission of Veterans' Affairs -- Relationship to other state agencies.
(a) Unless otherwise indicated, the duties, responsibilities and authority set forth in §§ 8721 and 8723 of this title are
reserved specifically to the Commission.
(b) The Commission may request the advice, opinion or assistance of other appropriate state agencies as necessary to properly
discharge its duties and responsibilities.
(c) The Department of State shall provide reasonable office and meeting facilities and other logistic support as requested
by the Commission.
(d) The Department of State shall maintain an overview of the Commission's operation in order to insure proper use of, and
accountability for, state funds appropriated for that purpose.
(e) The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques
purchased/donated by veteran's family members to their original location within the cemetery or to a site agreeable to the
veteran's family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed
or relocated for any purpose without the approval of the Co-chairs of the Joint Legislative Committee on the Capital Improvement
Program. Existing memorial works are historical, cultural and aesthetic resources.
65 Del. Laws, c. 232, § 1; 75 Del. Laws, c. 98, § 56.;
§ 8726. Division of the Arts; definitions.
(a) "Council" means the Delaware State Arts Council created by this chapter.
(b) "Director" means the Director of the Division of the Arts.
(c) "Division" means the Division of the Arts.
(d) "State" means the State of Delaware.
67 Del. Laws, c. 128, § 2.;
§ 8727. Division of the Arts -- Establishment; powers and duties.
The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency:
(1) To promote and encourage public interest in the cultural heritage of our State and to expand the State's cultural resources,
and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater,
dance, painting, sculpture, architecture and allied arts and crafts;
(2) To encourage and assist freedom of artistic expression;
(3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations
and institutions in the State;
(4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities,
and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet
the needs and aspirations of persons in all parts of the State; and
(5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and
improvement of the performing and fine arts.
67 Del. Laws, c. 128, § 2.;
§ 8728. Division of the Arts -- The Delaware State Arts Council.
(a) The Delaware State Arts Council is hereby established for the purpose of promotion and encouragement of the arts and shall
provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it
by the Governor, by the Secretary of the Department or by the Director. The Council may study, research, plan and advise
the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best
possible manner.
(b) The Delaware State Arts Council shall be composed of Delaware citizens broadly representative of all fields of the performing
and fine arts known for their interest in these areas appointed by the Governor. Each such citizen shall serve as a member
of the Delaware State Arts Council for the period of the unexpired term unless the member vacates the position by resignation,
death or incapacity. The Council shall be composed of not more than 15 members. When the number of members has been reduced
to less than 15 by reason of the expiration of terms, resignation, death or incapacity, the Governor shall appoint new members.
The terms of newly appointed members will be staggered so that no more than one third will expire annually. All new appointees
shall serve for a term of 3 years and no member shall serve more than 2 consecutive terms.
(c) The Governor may appoint members for terms of less than 3 years to ensure that the Board members' terms expire on a staggered
basis.
(d) Members of the Council and Chairperson shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties related to the Council.
(e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve
in that capacity at the pleasure of the Governor.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
a member's term shall be filled only for the remainder of that term.
67 Del. Laws, c. 128, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 258, §§ 1, 2.;
§ 8729. Division of the Arts -- Assistance for the development of the Arts.
(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities,
agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts
in the State and to enhance the appreciation of artistic expressions by citizens of the State.
(b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private
or public nonprofit association, to accomplish any work authorized by this chapter.
(c) The Director and the Council shall establish such rules and regulations as are necessary to determine the eligibility
of any instrumentality, or agency or political subdivision, private or public nonprofit association for participation in contracts
authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal
Revenue Service as proof of nonprofit status.
(d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures
from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys
on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.
67 Del. Laws, c. 128, § 2.;
§ 8730. Division of the Arts -- Exemption from Bid Law.
The Division shall be exempt from Chapter 69 of this title.
67 Del. Laws, c. 128, § 2.;
§ 8731. Division of Libraries.
(a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general
direction and control over the furnishing of library services within this State. The Director of the Division shall be the
State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries
shall have the following functions and duties:
(1) To provide information, resource materials and library services to state agencies, state and local governmental units
and their subdivisions and, in the Department's discretion, to organizations in need of library services;
(2) To coordinate library services of the several counties in order to assure to every Delaware citizen free and equal access
to services, resources and guidance in the use of such for continuing self-educational, political, cultural, economic, recreational
and intellectual enrichment;
(3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(4) To foster the recruitment, development and maximum utilization of library personnel throughout the State;
(5) To encourage broad community participation in library development, program planning and the implementation of such plans;
(6) To establish and promote cooperation among all types of libraries at all service levels;
(7) To ensure the State's compatibility to and reciprocity within a national information resources network;
(8) To provide access to a complete collection of current documents published by state government and a comprehensive collection
of current local, state and federal documents of interest to the State;
(9) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve
as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped;
(10) To stimulate every Delaware citizen to fully utilize the State's cultural resource materials and to maintain the individual's
right of access to those materials;
(11) To offer resources which supplement and reinforce local libraries;
(12) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation
of the State's library system;
(13) To recommend legislation to achieve meaningful statewide library development and use;
(14) To establish, interpret and administer standards of effective library services;
(15) To enter into contracts and agreements to provide or to obtain library services and materials; and
(16) To perform all other activities pertinent to the organizational function of library services.
(b) Every state agency shall provide and deposit with the Department sufficient copies of all publications issued by such
agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of
the State. The Administrator of Libraries shall recommend the number of copies required for deposit, consistent with state
interests. From time to time listing of such documents received under the terms of this section shall be published.
29 Del. C. 1953, § 8610; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 4; 65 Del. Laws, c. 290, § 1; 68 Del. Laws, c. 149, § 6; 69 Del. Laws, c. 346, § 1.;
§ 8732. Council on Libraries.
(a) There is hereby established the Council on Libraries.
(b) The Council on Libraries shall serve in an advisory capacity to the Department and shall consider matters relating to
libraries and library standards throughout the State and such other matters as may be referred to it by the Governor, the
Secretary of the Department or the General Assembly. The Council on Libraries may study, research, plan and make advisory
recommendations to the Governor, the Secretary of the Department or the General Assembly on matters it deems appropriate to
provide the best possible library service in Delaware.
(c) The Council on Libraries shall be composed of 2 members who shall be elected annually by each County Library Advisory
Board and who shall serve at its pleasure and 7 members appointed by the Governor. Of the 7 members appointed by the Governor,
3 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years and 2 members shall
be appointed for a term of 3 years; at no time shall there be more than a bare majority representation of 1 major political
party, but any person who declines to state a political affiliation shall be considered eligible for appointment as a member;
and after the initial appointments, all terms shall be for 3 years. No member shall be appointed for more than 2 consecutive
terms. The Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection.
(d) Members of the Council on Libraries shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties.
(e) A vacancy prior to the expiration of the term of a member of the Council on Libraries shall be filled only for the remainder
of that term.
29 Del. C. 1953, § 8611; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 5; 68 Del. Laws, c. 149, § 6; 70 Del. Laws, c. 186, § 1.;
§ 8733. Division of Human Relations.
(a) The Division of Human Relations is established, and shall be responsible for the performance of all the administrative,
ministerial, fiscal and clerical functions of the State Human Relations Commission. The Director of the Division may appoint
and remove employees of the Division as provided by law.
(b) Except as provided in subsection (a) of this section, the membership, remuneration, organization, meetings, powers, duties
and functions of the State Human Relations Commission shall remain as prescribed in Chapters 45 and 46 of Title 6 and Chapter
30 of Title 31.
29 Del. C. 1953, § 8604; 57 Del. Laws, c. 583, § 1; 68 Del. Laws, c. 149, § 7; 75 Del. Laws, c. 356, §§ 1, 2.;
§ 8734. State Council for Persons with Disabilities.
Repealed by 76 Del. Laws, c. 391, § 13, effective July 17, 2008.
§ 8735. Division of Professional Regulation [Effective until Sept. 1, 2010]
(a) The Division of Professional Regulation shall have the powers, duties and functions set forth in this section. The Division
shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including
but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions,
boards and agencies, with the exception that the Secretary of State shall not be precluded from entering into a memorandum
of understanding with the Secretary of the Department of Health and Social Services for the purpose of allowing employees
of the Department of Health and Social Services to function as inspectors, investigators and administrative support for the
Board of Pharmacy:
(1) Board of Accountancy as set forth in Chapter 1 of Title 24;
(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;
(3) Board of Architects as set forth in Chapter 3 of Title 24;
(4) Board of Podiatry as set forth in Chapter 5 of Title 24;
(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;
(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;
(7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24;
(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;
(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;
(10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24;
(11) Board of Nursing as set forth in Chapter 19 of Title 24;
(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;
(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;
(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;
(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;
(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;
(17) Real Estate Commission as set forth in Chapter 29 of Title 24;
(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;
(19) Board of Funeral Services as set forth in Chapter 31 [repealed] of Title 24;
(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;
(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;
(22) Board of Geologists as set forth in Chapter 36 of Title 24;
(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37
of Title 24;
(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;
(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;
(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;
(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;
(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;
(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;
(30) Gaming Control Board as set forth in Chapter 15 of Title 28;
(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;
(32) Board of Athlete Agent Examiners as set forth in Chapter 54 of Title 24;
(33) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; and
(34) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24.
(b) The Division of Professional Regulation shall have the powers, duties and functions related to the regulation of amateur
and professional boxing and combative sports entertainment as set forth in Chapter 1 of Title 28.
(c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions,
boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably
reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such
board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a
purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other
fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting
in its behalf, shall compute for each separate service or activity, the appropriate fees for each agency. All revenue generated
by any of the activities performed by or on behalf of the boards or commissions listed in this chapter shall be deposited
in an appropriated special fund account in the Division of Professional Regulation. These funds shall be used to fund all
costs necessary to defray the expenses of each board or commission or of the Division on behalf of such board or commission,
up to the budget authority for any fiscal year or portion thereof.
(d) The Division of Professional Regulation shall have the following powers, duties and functions relating to the administration
of examinations for all boards, commissions and other agencies listed in this section:
(1) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;
(2) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs
of all agency examinations, including test validation;
(3) To pay examination services and other expenses directly related to the administration of examinations;
(4) To review, approve and execute all contracts for examination services;
(5) Review and approve, subject to Sunset Committee review, the content and validity of any examination written, developed
or used by a board or commission listed in this section;
(6) Supervise the administration and proctoring of all tests for all boards and commissions;
(7) To contract for a treatment provider for licensed persons, provided however that such treatment provider shall not be
employed by or under contract with any professional organization representing licensees regulated by the Division of Professional
Regulation or any board in Title 24; and
(8) Permit potential complainants access to an Investigator with the Division of Professional Regulation to discuss issues
or concerns regarding their reports or complaints.
(e) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members
of all boards and commissions listed in this section, which policy shall be set forth in the Division's rules and regulations.
In establishing this policy, the Director of Professional Regulation may consider the limits of available appropriations and
the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of
state professional regulatory boards. In addition to the rate of compensation established in the Delaware Code for each board
or commission, each member of a board or commission listed in this section may receive reimbursement or partial reimbursement
for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to state employees, per mile
actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.
(f) The Division of Professional Regulation shall establish policies governing the appropriate times, locations and notice
for meetings and public hearings of all boards and commissions listed in this section so as to promote public participation.
Such policies shall be set forth in the rules and regulations of the Division. Meetings and hearings may only take place in
facilities approved by the Division.
(g) The Director of Professional Regulation shall ensure that all regulatory actions taken by boards and commissions listed
in this section are in conformance with the Administrative Procedures Act and the Freedom of Information Act. The Director
shall review and approve all legal notices, public notices and agendas for conformance with these requirements.
(h) The following procedure shall be followed for the investigation of complaints against licensees of boards, agencies and
commissions listed in subsection (a) of this section and otherwise regulated by the Division of Professional Regulation:
(1) Any person who desires to file a complaint against any licensee regulated by a board, commission or agency covered pursuant
to this chapter must do so in writing.
(2) The complaint shall state the name of the licensee and sufficient facts as determined by the Division which allegedly
constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Division
of Professional Regulation may, in its discretion, sua sponte dismiss the complaint.
(3) The complaint shall be filed with the Director of the Division. The Director shall, within 15 days of the receipt of the
complaint, fill out a complaint card, assign a complaint number and log the complaint in the Division of Professional Regulation's
records. A record of the complaint shall be kept with the Division for a period of 5 years. The Division shall also assign
an investigator employed by the Division to investigate the complaint after this procedure is complied with.
(4) The Division of Professional Regulation shall thereafter mail a copy of the complaint to the licensee named in the complaint
at the licensee's address of record in the Division's files. The named licensee, if the licensee chooses, may file an answer
to the complaint within 20 calendar days with the Division.
(5) The Division shall, thereafter, provide a copy of the complaint to the board, commission or agency which regulates the
named licensee in the complaint. The board, agency, or commission shall maintain a record of the same.
(6) At the board, agency or commission's next regularly scheduled meeting, it may assign a board member to assist the Division
with the investigation of the complaint. This board member shall maintain strict confidentiality of the facts of the investigation
and shall not discuss any issue of fact or law of the investigation with any other board member or the public. In addition,
if a hearing is held, the inves
A Department of State is established having, in addition to the other powers, duties and functions vested in the Department
by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore
vested in the Secretary of State pursuant to Chapter 23 of this title.
29 Del. C. 1953, § 8701; 57 Del. Laws, c. 570, § 1.;
(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident
of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by
the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve
at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary
with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department
to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary
of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case
the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such
absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. 1953, § 8702; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8703. Powers, duties and functions of the Secretary.
The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following
powers, duties and functions:
(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions,
offices, functions and employees;
(2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may
be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties
and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Director of the Division of Corporations, who shall be known as the Director of Corporations and who shall be qualified
by training and experience to perform the duties of the office;
b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural
Affairs and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties
of the office;
d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the
duties of the office.
(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within
such limitations as may be imposed by law;
(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval
of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for
and maintained;
(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(6) To delegate any of the Secretary's powers, duties or functions to a director of a division except the power to remove
employees of the Department or to fix their compensation;
(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department
as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) To adopt an official seal or seals for the Department.
29 Del. C. 1953, § 8703; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 10.;
§ 8704. Division of Corporations.
The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance
of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to subtitle I of Title 6 and
Title 8.
29 Del. C. 1953, § 8704; 57 Del. Laws, c. 570, § 1.;
§ 8705. Division of Historical and Cultural Affairs.
(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites,
Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant
to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;
(2) The Lewes Memorial Commission;
(3) The Delaware Day Commission;
(4) The Portrait Commission;
(5) The Delaware Archaeological Board; and
(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources
in the State.
(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building
rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson
Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues
derived from future property and building acquisitions for operational support of those facilities and properties as they
are acquired. Spending authority shall be subject to the requirements of the annual appropriation act.
29 Del. C. 1953, § 8705; 57 Del. Laws, c. 570, § 1; 72 Del. Laws, c. 91, § 74; 73 Del. Laws, c. 310, § 12; 75 Del. Laws, c. 153, § 16.;
§ 8706. Public Archives.
The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for
the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described
in subchapter 1 of Chapter 5 of this title.
72 Del. Laws, c. 91, § 75.;
§ 8707. Delaware Government Information Center.
(a) The Government Information Center shall have the following functions and duties:
(1) To publish, maintain and continuously update content on the State's Internet portal to facilitate convenient and comprehensive
access to government information;
(2) To provide convenient access to a complete collection of on-line information and resources published by state government
and a comprehensive and current collection of online information and resources published by local, state and federal agencies
of interest to the public;
(3) To provide information and resource materials related to Internet content management and online publishing services to
state agencies, state and local governmental units and their subdivisions and, at the Department's discretion, to not-for-profit
and other organizations to ensure every Delaware citizen easy access to online government information;
(4) To promote increased usage of Delaware's diverse collection of online resources and encourage community input in identifying
and assessing areas for improvement;
(5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated
by the Department of Technology and Information;
(6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a
training and information program on Internet publishing and content management to bring approved and current practices, methods,
procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and
political subdivisions;
(7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities;
(8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful
access to statewide Internet content;
(10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or
agreements relating to information technology will follow the business policies and procedures established by the Department
of Technology and Information; and,
(11) To perform all other activities pertinent to the organizational function of the Government Information Center.
(b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports,
forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of
making accessible to Delaware and other citizens resource materials published electronically at the expense of the State.
The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access
and shall publish a comprehensive online directory of all government forms, publications and other such information available
to the public through the State's websites.
75 Del. Laws, c. 89, § 131.;
§ 8708. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of State;
(2) Assistant to the Secretary of State;
(3) Director of Corporations;
(4) State Bank Commissioner;
(5) Director of Division of the Arts;
(6) Director of Libraries;
(7) Chief of Human Relations;
(8) Director of Historical and Cultural Affairs;
(9) State Archivist and Records Administrator;
(10) Executive Director of the Public Employment Relations Board;
(11) Director of Professional Regulation;
(12) Director of the Public Service Commission; and
(13) Public Advocate.
29 Del. C. 1953, § 8708; 57 Del. Laws, c. 570, § 1; 63 Del. Laws, c. 195, § 1C; 67 Del. Laws, c. 128, § 1; 68 Del. Laws, c. 149, § 27; 68 Del. Laws, c. 224, § 3; 69 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, § 76; 75 Del. Laws, c. 88, § 18.;
§ 8709. Assumption of powers.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission
and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware
Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred
to the Department by this chapter.
29 Del. C. 1953, § 8709; 57 Del. Laws, c. 570, § 1.;
§ 8710. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist
with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which
such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, § 8710; 57 Del. Laws, c. 570, § 1.;
§ 8711. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded
prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules
and regulations made by any agency from which functions are transferred and governing such functions and which are in effect
upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with
law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in
full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred
to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date
of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department,
be construed as referring and relating to the Department of State as created and established in this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created in this chapter.
29 Del. C. 1953, § 8711; 57 Del. Laws, c. 570, § 1.;
§ 8712. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operation
and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, § 8712; 57 Del. Laws, c. 570, § 1.;
§ 8713. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department
or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, § 8713; 57 Del. Laws, c. 570, § 1.;
§ 8714. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, § 8714; 57 Del. Laws, c. 570, § 1.;
§ 8715. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. 1953, § 8716; 57 Del. Laws, c. 608, § 7.;
§ 8716. Division of the Public Advocate.
(a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be
a person qualified by training and/or experience to perform the duties of the office. The Public Advocate shall be appointed
by the Governor with the advice and consent of the majority of the Senate and shall hold office at the pleasure of the Governor
during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public
Advocate shall be a full-time employee of the State.
(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person's own name or as
a fiduciary, or whose spouse or minor child residing in that person's household owns or controls any stock, note or debenture
in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends
directly upon or is under the control of a public utility.
(c) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter
58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject
to Chapters 64 and 100 of this title.
(d) The Public Advocate shall have the following powers and duties:
(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over
which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation.
(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and
consistent with an equitable distribution of rates among all classes of consumers.
(3) To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative
and regulatory agencies and commissions in matters involving rates, service and practices of public utilities.
(4) To hire, from time to time, as needed, in connection with proceedings before the Commission, experts in the utility regulation
field, including, but not limited to, economists, cost of capital experts, rate design experts, accountants, engineers and
other specialists. A budget for compensation and/or expenses of these experts shall be provided annually through the Delaware
Public Utility Regulatory Revolving Fund. Nothing in this section shall be construed to preclude the Public Advocate from
applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such
additional amounts as the General Assembly shall determine.
(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant
facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any
other party in interest.
(6) To have full access to the records of the Public Service Commission.
(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties.
(8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary
for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by
the merit system of personnel administration.
(e) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall
forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions
filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate
shall have any legal effect.
(f) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission.
(g) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate
shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a
party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file
briefs, appeal and do any other act appropriate for a party to the Commission.
71 Del. Laws, c. 138, § 17; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 7, 17(3).;
§ 8717. Division of Public Utility Control.
The Division of Public Utility Control is established within the Department of State having powers, duties and functions as
follows:
(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal,
compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers,
duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.
(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26
or the other laws of the State.
63 Del. Laws, c. 195, § 2c; 71 Del. Laws, c. 138, § 18; 75 Del. Laws, c. 88, §§ 8, 9, 17(3).;
§ 8718. State Bank Commissioner.
(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.
(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall
be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.
(c) The Commissioner shall receive, in full compensation for the Commissioner's services, such salary as shall be fixed by
the Governor within such limitations as may be prescribed by law.
(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.
(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of
the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all
the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor
is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant
to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy
Commissioner.
(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner
shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore
vested in the Board of Bank Incorporation pursuant to Title 5.
(g) [Deleted.]
29 Del. C. 1953, § 8809; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 66 Del. Laws, c. 203, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 24, § 19.;
§ 8719. Council on Banking.
(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall
consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this
State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner.
The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate
to enable the office of State Bank Commissioner to function in the best possible manner.
(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory
Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner
whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank
Advisory Board shall serve as a member of the Council for the period of the member's unexpired term unless the member vacates
the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new
members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year,
the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter
all new appointees shall serve for a term of 3 years.
(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major
political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major
political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party
over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for
appointment as a member of the Council.
(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
the member's term shall be filled only for the remainder of that term.
29 Del. C. 1953, § 8810; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 70 Del. Laws, c. 186, § 1.;
(a) There is hereby established the Delaware Commission of Veterans' Affairs, hereafter referred to as the "Commission."
(b) The Commission shall be composed of 15 members, who shall be veterans appointed by the Governor for 4-year terms, except
that initial appointments to the Commission shall consist of 4 veterans to serve 4-year terms, 4 veterans to serve 3-year
terms, and 3 veterans to serve 2-year terms. Thereafter, all terms shall be for 4 years. During the course of a member's term,
they must remain members in good standing of the nominating organization. If a vacancy occurs, the new appointment shall be
for the balance of the original term. The Governor shall make all appointments to the Commission from lists containing at
least 3 names of members recommended by each of the statewide veterans' membership organizations incorporated in the State,
chartered by Congress, or authorized under Title 38, United States Code, to represent veterans in Delaware. The Governor shall
select 1 member from each list submitted by the statewide veterans' membership organizations. For purposes of this section,
a veteran is any person who has served honorably on active duty in the U.S. Army, Air Force, Navy, Marine Corps or the Coast
Guard or served as a Merchant Marine between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and has
been honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (1)
Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further
service; or (2) the individual was released prior to 2 years of active duty for the convenience of the government.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 145, § 4; 69 Del. Laws, c. 228, § 1.;
§ 8721. Delaware Commission of Veterans' Affairs -- Duties and responsibilities.
(a) The Commission shall assume all duties and responsibilities of the current appointed Veterans' Affairs Committee.
(b) The Commission shall hire through the State Merit System employment process and employ an Executive Director, a clerical
assistant and such other personnel as are necessary to perform those duties prescribed by the Commission. All employees of
the Commission, including the Executive Director, shall be veterans as defined in § 8720(b) of this title. Said employees
shall report to the Secretary of State on all administrative matters and shall report to the Commission on all substantive
matters.
(c) The Commission shall have the power of oversight in the administration of the Delaware State Veterans' Home and shall
have the authority to promulgate such rules, regulations and policy as is necessary to the operation of a veterans' home provided,
however, such rules, regulations and policy are not inconsistent with the other provisions of this chapter.
(d) The Commission shall have the power to operate and/or administer a Delaware Veterans' Memorial Cemetery in the State and
shall have the authority to promulgate such rules and regulations governing the operation of a cemetery as it deems necessary;
provided, however, such rules and regulations are not inconsistent with the provisions of this chapter.
(e) The Commission shall establish a repository for all veterans' "Statement of Service" or similar documentary verification
of active armed service.
(f) The Commission shall represent the State in concert with other states' veterans' agencies and the U.S. Veterans' Administration
on matters of mutual interest and concern.
(g) The Commission shall coordinate with and advise all departments and agencies of the State on all matters pertaining to
education, training, employment, medical and financial benefit programs for veterans, their dependents and survivors.
(h) The Commission shall initiate, review, and/or sponsor state legislation pertaining to veterans.
(i) The Commission and/or its Executive Director shall augment, not replace nor infringe upon, the functions of the service
officers (representatives) of veterans' organizations; provided, however, the Commission may appoint a service officer in
each county, such service officer to be accountable and responsible to the Commission.
(j) The Commission shall submit to the Governor and to the General Assembly an annual report of the Commission's activities
and recommendations.
65 Del. Laws, c. 232, § 1; 67 Del. Laws, c. 42, §§ 1, 2; 69 Del. Laws, c. 225, § 1; 69 Del. Laws, c. 228, § 3; 70 Del. Laws, c. 358, §§ 1, 2; 75 Del. Laws, c. 288, § 1.;
§ 8722. Delaware Commission of Veterans' Affairs -- Authority.
The Commission is hereby authorized to develop and promulgate bylaws, rules and regulations not inconsistent with the law,
which are necessary for the enforcement and implementation of §§ 8720, 8721, 8722, 8723, 8724 and 8725 of this title and all
applicable federal rules and regulations.
65 Del. Laws, c. 232, § 1.;
§ 8723. Delaware Commission of Veterans' Affairs -- Organization and operation.
(a) Any veterans' organization as defined in § 8720(b) of this title may petition the Governor to remove from the Commission
a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.
(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be
sufficient grounds for the representative of the particular veterans' organization to be removed by the Governor.
(c) Prospective members of the Commission shall be recommended by the respective veterans' organizations and appointed by
the Governor as vacancies occur.
(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official
of each respective statewide veterans' organization.
(e) The members of the Commission shall elect 1 of their members to serve as Chairperson and 1 as Vice-Chairperson who shall
not serve more than 2 consecutive terms. Such elections shall be held annually in September.
(f) The Chairperson and Vice-Chairperson shall serve as voting members of the Commission.
(g) The Executive Director shall attend all meetings of the Commission, keep a full and true record of its proceedings, preserve
at its general office all its books, documents and papers, and perform such other duties as the Commission may prescribe.
(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chairperson. Special meetings
may be called by the Chair or a majority of the Commission membership.
(i) A quorum shall consist of a simple majority of the Commission members.
(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary
travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance
with state law.
(k) The Commission's executive offices shall be located in Dover, Delaware.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 225, § 2; 71 Del. Laws, c. 188, § 1.;
§ 8724. Delaware Commission of Veterans' Affairs -- Funding.
Annually, the Commission shall submit a proposed budget to the Department of State for review and approval by that Department.
The Department of State shall then recommend to the General Assembly that the Commission's budget be included as a line item
within said Department's funding.
65 Del. Laws, c. 232, § 1.;
§ 8725. Delaware Commission of Veterans' Affairs -- Relationship to other state agencies.
(a) Unless otherwise indicated, the duties, responsibilities and authority set forth in §§ 8721 and 8723 of this title are
reserved specifically to the Commission.
(b) The Commission may request the advice, opinion or assistance of other appropriate state agencies as necessary to properly
discharge its duties and responsibilities.
(c) The Department of State shall provide reasonable office and meeting facilities and other logistic support as requested
by the Commission.
(d) The Department of State shall maintain an overview of the Commission's operation in order to insure proper use of, and
accountability for, state funds appropriated for that purpose.
(e) The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques
purchased/donated by veteran's family members to their original location within the cemetery or to a site agreeable to the
veteran's family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed
or relocated for any purpose without the approval of the Co-chairs of the Joint Legislative Committee on the Capital Improvement
Program. Existing memorial works are historical, cultural and aesthetic resources.
65 Del. Laws, c. 232, § 1; 75 Del. Laws, c. 98, § 56.;
§ 8726. Division of the Arts; definitions.
(a) "Council" means the Delaware State Arts Council created by this chapter.
(b) "Director" means the Director of the Division of the Arts.
(c) "Division" means the Division of the Arts.
(d) "State" means the State of Delaware.
67 Del. Laws, c. 128, § 2.;
§ 8727. Division of the Arts -- Establishment; powers and duties.
The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency:
(1) To promote and encourage public interest in the cultural heritage of our State and to expand the State's cultural resources,
and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater,
dance, painting, sculpture, architecture and allied arts and crafts;
(2) To encourage and assist freedom of artistic expression;
(3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations
and institutions in the State;
(4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities,
and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet
the needs and aspirations of persons in all parts of the State; and
(5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and
improvement of the performing and fine arts.
67 Del. Laws, c. 128, § 2.;
§ 8728. Division of the Arts -- The Delaware State Arts Council.
(a) The Delaware State Arts Council is hereby established for the purpose of promotion and encouragement of the arts and shall
provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it
by the Governor, by the Secretary of the Department or by the Director. The Council may study, research, plan and advise
the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best
possible manner.
(b) The Delaware State Arts Council shall be composed of Delaware citizens broadly representative of all fields of the performing
and fine arts known for their interest in these areas appointed by the Governor. Each such citizen shall serve as a member
of the Delaware State Arts Council for the period of the unexpired term unless the member vacates the position by resignation,
death or incapacity. The Council shall be composed of not more than 15 members. When the number of members has been reduced
to less than 15 by reason of the expiration of terms, resignation, death or incapacity, the Governor shall appoint new members.
The terms of newly appointed members will be staggered so that no more than one third will expire annually. All new appointees
shall serve for a term of 3 years and no member shall serve more than 2 consecutive terms.
(c) The Governor may appoint members for terms of less than 3 years to ensure that the Board members' terms expire on a staggered
basis.
(d) Members of the Council and Chairperson shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties related to the Council.
(e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve
in that capacity at the pleasure of the Governor.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
a member's term shall be filled only for the remainder of that term.
67 Del. Laws, c. 128, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 258, §§ 1, 2.;
§ 8729. Division of the Arts -- Assistance for the development of the Arts.
(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities,
agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts
in the State and to enhance the appreciation of artistic expressions by citizens of the State.
(b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private
or public nonprofit association, to accomplish any work authorized by this chapter.
(c) The Director and the Council shall establish such rules and regulations as are necessary to determine the eligibility
of any instrumentality, or agency or political subdivision, private or public nonprofit association for participation in contracts
authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal
Revenue Service as proof of nonprofit status.
(d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures
from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys
on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.
67 Del. Laws, c. 128, § 2.;
§ 8730. Division of the Arts -- Exemption from Bid Law.
The Division shall be exempt from Chapter 69 of this title.
67 Del. Laws, c. 128, § 2.;
§ 8731. Division of Libraries.
(a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general
direction and control over the furnishing of library services within this State. The Director of the Division shall be the
State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries
shall have the following functions and duties:
(1) To provide information, resource materials and library services to state agencies, state and local governmental units
and their subdivisions and, in the Department's discretion, to organizations in need of library services;
(2) To coordinate library services of the several counties in order to assure to every Delaware citizen free and equal access
to services, resources and guidance in the use of such for continuing self-educational, political, cultural, economic, recreational
and intellectual enrichment;
(3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(4) To foster the recruitment, development and maximum utilization of library personnel throughout the State;
(5) To encourage broad community participation in library development, program planning and the implementation of such plans;
(6) To establish and promote cooperation among all types of libraries at all service levels;
(7) To ensure the State's compatibility to and reciprocity within a national information resources network;
(8) To provide access to a complete collection of current documents published by state government and a comprehensive collection
of current local, state and federal documents of interest to the State;
(9) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve
as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped;
(10) To stimulate every Delaware citizen to fully utilize the State's cultural resource materials and to maintain the individual's
right of access to those materials;
(11) To offer resources which supplement and reinforce local libraries;
(12) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation
of the State's library system;
(13) To recommend legislation to achieve meaningful statewide library development and use;
(14) To establish, interpret and administer standards of effective library services;
(15) To enter into contracts and agreements to provide or to obtain library services and materials; and
(16) To perform all other activities pertinent to the organizational function of library services.
(b) Every state agency shall provide and deposit with the Department sufficient copies of all publications issued by such
agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of
the State. The Administrator of Libraries shall recommend the number of copies required for deposit, consistent with state
interests. From time to time listing of such documents received under the terms of this section shall be published.
29 Del. C. 1953, § 8610; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 4; 65 Del. Laws, c. 290, § 1; 68 Del. Laws, c. 149, § 6; 69 Del. Laws, c. 346, § 1.;
§ 8732. Council on Libraries.
(a) There is hereby established the Council on Libraries.
(b) The Council on Libraries shall serve in an advisory capacity to the Department and shall consider matters relating to
libraries and library standards throughout the State and such other matters as may be referred to it by the Governor, the
Secretary of the Department or the General Assembly. The Council on Libraries may study, research, plan and make advisory
recommendations to the Governor, the Secretary of the Department or the General Assembly on matters it deems appropriate to
provide the best possible library service in Delaware.
(c) The Council on Libraries shall be composed of 2 members who shall be elected annually by each County Library Advisory
Board and who shall serve at its pleasure and 7 members appointed by the Governor. Of the 7 members appointed by the Governor,
3 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years and 2 members shall
be appointed for a term of 3 years; at no time shall there be more than a bare majority representation of 1 major political
party, but any person who declines to state a political affiliation shall be considered eligible for appointment as a member;
and after the initial appointments, all terms shall be for 3 years. No member shall be appointed for more than 2 consecutive
terms. The Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection.
(d) Members of the Council on Libraries shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties.
(e) A vacancy prior to the expiration of the term of a member of the Council on Libraries shall be filled only for the remainder
of that term.
29 Del. C. 1953, § 8611; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 5; 68 Del. Laws, c. 149, § 6; 70 Del. Laws, c. 186, § 1.;
§ 8733. Division of Human Relations.
(a) The Division of Human Relations is established, and shall be responsible for the performance of all the administrative,
ministerial, fiscal and clerical functions of the State Human Relations Commission. The Director of the Division may appoint
and remove employees of the Division as provided by law.
(b) Except as provided in subsection (a) of this section, the membership, remuneration, organization, meetings, powers, duties
and functions of the State Human Relations Commission shall remain as prescribed in Chapters 45 and 46 of Title 6 and Chapter
30 of Title 31.
29 Del. C. 1953, § 8604; 57 Del. Laws, c. 583, § 1; 68 Del. Laws, c. 149, § 7; 75 Del. Laws, c. 356, §§ 1, 2.;
§ 8734. State Council for Persons with Disabilities.
Repealed by 76 Del. Laws, c. 391, § 13, effective July 17, 2008.
§ 8735. Division of Professional Regulation [Effective until Sept. 1, 2010]
(a) The Division of Professional Regulation shall have the powers, duties and functions set forth in this section. The Division
shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including
but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions,
boards and agencies, with the exception that the Secretary of State shall not be precluded from entering into a memorandum
of understanding with the Secretary of the Department of Health and Social Services for the purpose of allowing employees
of the Department of Health and Social Services to function as inspectors, investigators and administrative support for the
Board of Pharmacy:
(1) Board of Accountancy as set forth in Chapter 1 of Title 24;
(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;
(3) Board of Architects as set forth in Chapter 3 of Title 24;
(4) Board of Podiatry as set forth in Chapter 5 of Title 24;
(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;
(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;
(7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24;
(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;
(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;
(10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24;
(11) Board of Nursing as set forth in Chapter 19 of Title 24;
(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;
(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;
(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;
(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;
(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;
(17) Real Estate Commission as set forth in Chapter 29 of Title 24;
(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;
(19) Board of Funeral Services as set forth in Chapter 31 [repealed] of Title 24;
(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;
(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;
(22) Board of Geologists as set forth in Chapter 36 of Title 24;
(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37
of Title 24;
(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;
(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;
(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;
(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;
(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;
(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;
(30) Gaming Control Board as set forth in Chapter 15 of Title 28;
(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;
(32) Board of Athlete Agent Examiners as set forth in Chapter 54 of Title 24;
(33) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; and
(34) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24.
(b) The Division of Professional Regulation shall have the powers, duties and functions related to the regulation of amateur
and professional boxing and combative sports entertainment as set forth in Chapter 1 of Title 28.
(c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions,
boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably
reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such
board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a
purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other
fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting
in its behalf, shall compute for each separate service or activity, the appropriate fees for each agency. All revenue generated
by any of the activities performed by or on behalf of the boards or commissions listed in this chapter shall be deposited
in an appropriated special fund account in the Division of Professional Regulation. These funds shall be used to fund all
costs necessary to defray the expenses of each board or commission or of the Division on behalf of such board or commission,
up to the budget authority for any fiscal year or portion thereof.
(d) The Division of Professional Regulation shall have the following powers, duties and functions relating to the administration
of examinations for all boards, commissions and other agencies listed in this section:
(1) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;
(2) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs
of all agency examinations, including test validation;
(3) To pay examination services and other expenses directly related to the administration of examinations;
(4) To review, approve and execute all contracts for examination services;
(5) Review and approve, subject to Sunset Committee review, the content and validity of any examination written, developed
or used by a board or commission listed in this section;
(6) Supervise the administration and proctoring of all tests for all boards and commissions;
(7) To contract for a treatment provider for licensed persons, provided however that such treatment provider shall not be
employed by or under contract with any professional organization representing licensees regulated by the Division of Professional
Regulation or any board in Title 24; and
(8) Permit potential complainants access to an Investigator with the Division of Professional Regulation to discuss issues
or concerns regarding their reports or complaints.
(e) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members
of all boards and commissions listed in this section, which policy shall be set forth in the Division's rules and regulations.
In establishing this policy, the Director of Professional Regulation may consider the limits of available appropriations and
the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of
state professional regulatory boards. In addition to the rate of compensation established in the Delaware Code for each board
or commission, each member of a board or commission listed in this section may receive reimbursement or partial reimbursement
for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to state employees, per mile
actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.
(f) The Division of Professional Regulation shall establish policies governing the appropriate times, locations and notice
for meetings and public hearings of all boards and commissions listed in this section so as to promote public participation.
Such policies shall be set forth in the rules and regulations of the Division. Meetings and hearings may only take place in
facilities approved by the Division.
(g) The Director of Professional Regulation shall ensure that all regulatory actions taken by boards and commissions listed
in this section are in conformance with the Administrative Procedures Act and the Freedom of Information Act. The Director
shall review and approve all legal notices, public notices and agendas for conformance with these requirements.
(h) The following procedure shall be followed for the investigation of complaints against licensees of boards, agencies and
commissions listed in subsection (a) of this section and otherwise regulated by the Division of Professional Regulation:
(1) Any person who desires to file a complaint against any licensee regulated by a board, commission or agency covered pursuant
to this chapter must do so in writing.
(2) The complaint shall state the name of the licensee and sufficient facts as determined by the Division which allegedly
constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Division
of Professional Regulation may, in its discretion, sua sponte dismiss the complaint.
(3) The complaint shall be filed with the Director of the Division. The Director shall, within 15 days of the receipt of the
complaint, fill out a complaint card, assign a complaint number and log the complaint in the Division of Professional Regulation's
records. A record of the complaint shall be kept with the Division for a period of 5 years. The Division shall also assign
an investigator employed by the Division to investigate the complaint after this procedure is complied with.
(4) The Division of Professional Regulation shall thereafter mail a copy of the complaint to the licensee named in the complaint
at the licensee's address of record in the Division's files. The named licensee, if the licensee chooses, may file an answer
to the complaint within 20 calendar days with the Division.
(5) The Division shall, thereafter, provide a copy of the complaint to the board, commission or agency which regulates the
named licensee in the complaint. The board, agency, or commission shall maintain a record of the same.
(6) At the board, agency or commission's next regularly scheduled meeting, it may assign a board member to assist the Division
with the investigation of the complaint. This board member shall maintain strict confidentiality of the facts of the investigation
and shall not discuss any issue of fact or law of the investigation with any other board member or the public. In addition,
if a hearing is held, the inves
A Department of State is established having, in addition to the other powers, duties and functions vested in the Department
by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore
vested in the Secretary of State pursuant to Chapter 23 of this title.
29 Del. C. 1953, § 8701; 57 Del. Laws, c. 570, § 1.;
(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident
of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by
the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve
at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary
with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department
to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary
of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case
the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such
absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. 1953, § 8702; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8703. Powers, duties and functions of the Secretary.
The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following
powers, duties and functions:
(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions,
offices, functions and employees;
(2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may
be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties
and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Director of the Division of Corporations, who shall be known as the Director of Corporations and who shall be qualified
by training and experience to perform the duties of the office;
b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural
Affairs and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties
of the office;
d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the
duties of the office.
(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within
such limitations as may be imposed by law;
(4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval
of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for
and maintained;
(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(6) To delegate any of the Secretary's powers, duties or functions to a director of a division except the power to remove
employees of the Department or to fix their compensation;
(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department
as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) To adopt an official seal or seals for the Department.
29 Del. C. 1953, § 8703; 57 Del. Laws, c. 570, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 10.;
§ 8704. Division of Corporations.
The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance
of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to subtitle I of Title 6 and
Title 8.
29 Del. C. 1953, § 8704; 57 Del. Laws, c. 570, § 1.;
§ 8705. Division of Historical and Cultural Affairs.
(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites,
Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant
to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;
(2) The Lewes Memorial Commission;
(3) The Delaware Day Commission;
(4) The Portrait Commission;
(5) The Delaware Archaeological Board; and
(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources
in the State.
(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building
rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson
Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues
derived from future property and building acquisitions for operational support of those facilities and properties as they
are acquired. Spending authority shall be subject to the requirements of the annual appropriation act.
29 Del. C. 1953, § 8705; 57 Del. Laws, c. 570, § 1; 72 Del. Laws, c. 91, § 74; 73 Del. Laws, c. 310, § 12; 75 Del. Laws, c. 153, § 16.;
§ 8706. Public Archives.
The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for
the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described
in subchapter 1 of Chapter 5 of this title.
72 Del. Laws, c. 91, § 75.;
§ 8707. Delaware Government Information Center.
(a) The Government Information Center shall have the following functions and duties:
(1) To publish, maintain and continuously update content on the State's Internet portal to facilitate convenient and comprehensive
access to government information;
(2) To provide convenient access to a complete collection of on-line information and resources published by state government
and a comprehensive and current collection of online information and resources published by local, state and federal agencies
of interest to the public;
(3) To provide information and resource materials related to Internet content management and online publishing services to
state agencies, state and local governmental units and their subdivisions and, at the Department's discretion, to not-for-profit
and other organizations to ensure every Delaware citizen easy access to online government information;
(4) To promote increased usage of Delaware's diverse collection of online resources and encourage community input in identifying
and assessing areas for improvement;
(5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated
by the Department of Technology and Information;
(6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a
training and information program on Internet publishing and content management to bring approved and current practices, methods,
procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and
political subdivisions;
(7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities;
(8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful
access to statewide Internet content;
(10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or
agreements relating to information technology will follow the business policies and procedures established by the Department
of Technology and Information; and,
(11) To perform all other activities pertinent to the organizational function of the Government Information Center.
(b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports,
forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of
making accessible to Delaware and other citizens resource materials published electronically at the expense of the State.
The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access
and shall publish a comprehensive online directory of all government forms, publications and other such information available
to the public through the State's websites.
75 Del. Laws, c. 89, § 131.;
§ 8708. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of State;
(2) Assistant to the Secretary of State;
(3) Director of Corporations;
(4) State Bank Commissioner;
(5) Director of Division of the Arts;
(6) Director of Libraries;
(7) Chief of Human Relations;
(8) Director of Historical and Cultural Affairs;
(9) State Archivist and Records Administrator;
(10) Executive Director of the Public Employment Relations Board;
(11) Director of Professional Regulation;
(12) Director of the Public Service Commission; and
(13) Public Advocate.
29 Del. C. 1953, § 8708; 57 Del. Laws, c. 570, § 1; 63 Del. Laws, c. 195, § 1C; 67 Del. Laws, c. 128, § 1; 68 Del. Laws, c. 149, § 27; 68 Del. Laws, c. 224, § 3; 69 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, § 76; 75 Del. Laws, c. 88, § 18.;
§ 8709. Assumption of powers.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible
for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission
and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware
Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred
to the Department by this chapter.
29 Del. C. 1953, § 8709; 57 Del. Laws, c. 570, § 1.;
§ 8710. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist
with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which
such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, § 8710; 57 Del. Laws, c. 570, § 1.;
§ 8711. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded
prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules
and regulations made by any agency from which functions are transferred and governing such functions and which are in effect
upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with
law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in
full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred
to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date
of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department,
be construed as referring and relating to the Department of State as created and established in this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created in this chapter.
29 Del. C. 1953, § 8711; 57 Del. Laws, c. 570, § 1.;
§ 8712. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operation
and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, § 8712; 57 Del. Laws, c. 570, § 1.;
§ 8713. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department
or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, § 8713; 57 Del. Laws, c. 570, § 1.;
§ 8714. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, § 8714; 57 Del. Laws, c. 570, § 1.;
§ 8715. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. 1953, § 8716; 57 Del. Laws, c. 608, § 7.;
§ 8716. Division of the Public Advocate.
(a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be
a person qualified by training and/or experience to perform the duties of the office. The Public Advocate shall be appointed
by the Governor with the advice and consent of the majority of the Senate and shall hold office at the pleasure of the Governor
during the Governor's term of office and until the appointment and qualification of the Public Advocate's successor. The Public
Advocate shall be a full-time employee of the State.
(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person's own name or as
a fiduciary, or whose spouse or minor child residing in that person's household owns or controls any stock, note or debenture
in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends
directly upon or is under the control of a public utility.
(c) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter
58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject
to Chapters 64 and 100 of this title.
(d) The Public Advocate shall have the following powers and duties:
(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over
which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation.
(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and
consistent with an equitable distribution of rates among all classes of consumers.
(3) To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative
and regulatory agencies and commissions in matters involving rates, service and practices of public utilities.
(4) To hire, from time to time, as needed, in connection with proceedings before the Commission, experts in the utility regulation
field, including, but not limited to, economists, cost of capital experts, rate design experts, accountants, engineers and
other specialists. A budget for compensation and/or expenses of these experts shall be provided annually through the Delaware
Public Utility Regulatory Revolving Fund. Nothing in this section shall be construed to preclude the Public Advocate from
applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such
additional amounts as the General Assembly shall determine.
(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant
facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any
other party in interest.
(6) To have full access to the records of the Public Service Commission.
(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties.
(8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary
for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by
the merit system of personnel administration.
(e) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall
forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions
filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate
shall have any legal effect.
(f) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission.
(g) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate
shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a
party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file
briefs, appeal and do any other act appropriate for a party to the Commission.
71 Del. Laws, c. 138, § 17; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 7, 17(3).;
§ 8717. Division of Public Utility Control.
The Division of Public Utility Control is established within the Department of State having powers, duties and functions as
follows:
(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal,
compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers,
duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.
(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26
or the other laws of the State.
63 Del. Laws, c. 195, § 2c; 71 Del. Laws, c. 138, § 18; 75 Del. Laws, c. 88, §§ 8, 9, 17(3).;
§ 8718. State Bank Commissioner.
(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.
(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall
be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.
(c) The Commissioner shall receive, in full compensation for the Commissioner's services, such salary as shall be fixed by
the Governor within such limitations as may be prescribed by law.
(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.
(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of
the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all
the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor
is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant
to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy
Commissioner.
(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner
shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore
vested in the Board of Bank Incorporation pursuant to Title 5.
(g) [Deleted.]
29 Del. C. 1953, § 8809; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 66 Del. Laws, c. 203, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 24, § 19.;
§ 8719. Council on Banking.
(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall
consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this
State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner.
The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate
to enable the office of State Bank Commissioner to function in the best possible manner.
(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory
Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner
whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank
Advisory Board shall serve as a member of the Council for the period of the member's unexpired term unless the member vacates
the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new
members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year,
the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter
all new appointees shall serve for a term of 3 years.
(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major
political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major
political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party
over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for
appointment as a member of the Council.
(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
the member's term shall be filled only for the remainder of that term.
29 Del. C. 1953, § 8810; 57 Del. Laws, c. 581, § 1; 63 Del. Laws, c. 195, § 1A; 70 Del. Laws, c. 186, § 1.;
(a) There is hereby established the Delaware Commission of Veterans' Affairs, hereafter referred to as the "Commission."
(b) The Commission shall be composed of 15 members, who shall be veterans appointed by the Governor for 4-year terms, except
that initial appointments to the Commission shall consist of 4 veterans to serve 4-year terms, 4 veterans to serve 3-year
terms, and 3 veterans to serve 2-year terms. Thereafter, all terms shall be for 4 years. During the course of a member's term,
they must remain members in good standing of the nominating organization. If a vacancy occurs, the new appointment shall be
for the balance of the original term. The Governor shall make all appointments to the Commission from lists containing at
least 3 names of members recommended by each of the statewide veterans' membership organizations incorporated in the State,
chartered by Congress, or authorized under Title 38, United States Code, to represent veterans in Delaware. The Governor shall
select 1 member from each list submitted by the statewide veterans' membership organizations. For purposes of this section,
a veteran is any person who has served honorably on active duty in the U.S. Army, Air Force, Navy, Marine Corps or the Coast
Guard or served as a Merchant Marine between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and has
been honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (1)
Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further
service; or (2) the individual was released prior to 2 years of active duty for the convenience of the government.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 145, § 4; 69 Del. Laws, c. 228, § 1.;
§ 8721. Delaware Commission of Veterans' Affairs -- Duties and responsibilities.
(a) The Commission shall assume all duties and responsibilities of the current appointed Veterans' Affairs Committee.
(b) The Commission shall hire through the State Merit System employment process and employ an Executive Director, a clerical
assistant and such other personnel as are necessary to perform those duties prescribed by the Commission. All employees of
the Commission, including the Executive Director, shall be veterans as defined in § 8720(b) of this title. Said employees
shall report to the Secretary of State on all administrative matters and shall report to the Commission on all substantive
matters.
(c) The Commission shall have the power of oversight in the administration of the Delaware State Veterans' Home and shall
have the authority to promulgate such rules, regulations and policy as is necessary to the operation of a veterans' home provided,
however, such rules, regulations and policy are not inconsistent with the other provisions of this chapter.
(d) The Commission shall have the power to operate and/or administer a Delaware Veterans' Memorial Cemetery in the State and
shall have the authority to promulgate such rules and regulations governing the operation of a cemetery as it deems necessary;
provided, however, such rules and regulations are not inconsistent with the provisions of this chapter.
(e) The Commission shall establish a repository for all veterans' "Statement of Service" or similar documentary verification
of active armed service.
(f) The Commission shall represent the State in concert with other states' veterans' agencies and the U.S. Veterans' Administration
on matters of mutual interest and concern.
(g) The Commission shall coordinate with and advise all departments and agencies of the State on all matters pertaining to
education, training, employment, medical and financial benefit programs for veterans, their dependents and survivors.
(h) The Commission shall initiate, review, and/or sponsor state legislation pertaining to veterans.
(i) The Commission and/or its Executive Director shall augment, not replace nor infringe upon, the functions of the service
officers (representatives) of veterans' organizations; provided, however, the Commission may appoint a service officer in
each county, such service officer to be accountable and responsible to the Commission.
(j) The Commission shall submit to the Governor and to the General Assembly an annual report of the Commission's activities
and recommendations.
65 Del. Laws, c. 232, § 1; 67 Del. Laws, c. 42, §§ 1, 2; 69 Del. Laws, c. 225, § 1; 69 Del. Laws, c. 228, § 3; 70 Del. Laws, c. 358, §§ 1, 2; 75 Del. Laws, c. 288, § 1.;
§ 8722. Delaware Commission of Veterans' Affairs -- Authority.
The Commission is hereby authorized to develop and promulgate bylaws, rules and regulations not inconsistent with the law,
which are necessary for the enforcement and implementation of §§ 8720, 8721, 8722, 8723, 8724 and 8725 of this title and all
applicable federal rules and regulations.
65 Del. Laws, c. 232, § 1.;
§ 8723. Delaware Commission of Veterans' Affairs -- Organization and operation.
(a) Any veterans' organization as defined in § 8720(b) of this title may petition the Governor to remove from the Commission
a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.
(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be
sufficient grounds for the representative of the particular veterans' organization to be removed by the Governor.
(c) Prospective members of the Commission shall be recommended by the respective veterans' organizations and appointed by
the Governor as vacancies occur.
(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official
of each respective statewide veterans' organization.
(e) The members of the Commission shall elect 1 of their members to serve as Chairperson and 1 as Vice-Chairperson who shall
not serve more than 2 consecutive terms. Such elections shall be held annually in September.
(f) The Chairperson and Vice-Chairperson shall serve as voting members of the Commission.
(g) The Executive Director shall attend all meetings of the Commission, keep a full and true record of its proceedings, preserve
at its general office all its books, documents and papers, and perform such other duties as the Commission may prescribe.
(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chairperson. Special meetings
may be called by the Chair or a majority of the Commission membership.
(i) A quorum shall consist of a simple majority of the Commission members.
(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary
travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance
with state law.
(k) The Commission's executive offices shall be located in Dover, Delaware.
65 Del. Laws, c. 232, § 1; 69 Del. Laws, c. 225, § 2; 71 Del. Laws, c. 188, § 1.;
§ 8724. Delaware Commission of Veterans' Affairs -- Funding.
Annually, the Commission shall submit a proposed budget to the Department of State for review and approval by that Department.
The Department of State shall then recommend to the General Assembly that the Commission's budget be included as a line item
within said Department's funding.
65 Del. Laws, c. 232, § 1.;
§ 8725. Delaware Commission of Veterans' Affairs -- Relationship to other state agencies.
(a) Unless otherwise indicated, the duties, responsibilities and authority set forth in §§ 8721 and 8723 of this title are
reserved specifically to the Commission.
(b) The Commission may request the advice, opinion or assistance of other appropriate state agencies as necessary to properly
discharge its duties and responsibilities.
(c) The Department of State shall provide reasonable office and meeting facilities and other logistic support as requested
by the Commission.
(d) The Department of State shall maintain an overview of the Commission's operation in order to insure proper use of, and
accountability for, state funds appropriated for that purpose.
(e) The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques
purchased/donated by veteran's family members to their original location within the cemetery or to a site agreeable to the
veteran's family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed
or relocated for any purpose without the approval of the Co-chairs of the Joint Legislative Committee on the Capital Improvement
Program. Existing memorial works are historical, cultural and aesthetic resources.
65 Del. Laws, c. 232, § 1; 75 Del. Laws, c. 98, § 56.;
§ 8726. Division of the Arts; definitions.
(a) "Council" means the Delaware State Arts Council created by this chapter.
(b) "Director" means the Director of the Division of the Arts.
(c) "Division" means the Division of the Arts.
(d) "State" means the State of Delaware.
67 Del. Laws, c. 128, § 2.;
§ 8727. Division of the Arts -- Establishment; powers and duties.
The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency:
(1) To promote and encourage public interest in the cultural heritage of our State and to expand the State's cultural resources,
and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater,
dance, painting, sculpture, architecture and allied arts and crafts;
(2) To encourage and assist freedom of artistic expression;
(3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations
and institutions in the State;
(4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities,
and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet
the needs and aspirations of persons in all parts of the State; and
(5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and
improvement of the performing and fine arts.
67 Del. Laws, c. 128, § 2.;
§ 8728. Division of the Arts -- The Delaware State Arts Council.
(a) The Delaware State Arts Council is hereby established for the purpose of promotion and encouragement of the arts and shall
provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it
by the Governor, by the Secretary of the Department or by the Director. The Council may study, research, plan and advise
the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best
possible manner.
(b) The Delaware State Arts Council shall be composed of Delaware citizens broadly representative of all fields of the performing
and fine arts known for their interest in these areas appointed by the Governor. Each such citizen shall serve as a member
of the Delaware State Arts Council for the period of the unexpired term unless the member vacates the position by resignation,
death or incapacity. The Council shall be composed of not more than 15 members. When the number of members has been reduced
to less than 15 by reason of the expiration of terms, resignation, death or incapacity, the Governor shall appoint new members.
The terms of newly appointed members will be staggered so that no more than one third will expire annually. All new appointees
shall serve for a term of 3 years and no member shall serve more than 2 consecutive terms.
(c) The Governor may appoint members for terms of less than 3 years to ensure that the Board members' terms expire on a staggered
basis.
(d) Members of the Council and Chairperson shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties related to the Council.
(e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve
in that capacity at the pleasure of the Governor.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of
a member's term shall be filled only for the remainder of that term.
67 Del. Laws, c. 128, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 258, §§ 1, 2.;
§ 8729. Division of the Arts -- Assistance for the development of the Arts.
(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities,
agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts
in the State and to enhance the appreciation of artistic expressions by citizens of the State.
(b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private
or public nonprofit association, to accomplish any work authorized by this chapter.
(c) The Director and the Council shall establish such rules and regulations as are necessary to determine the eligibility
of any instrumentality, or agency or political subdivision, private or public nonprofit association for participation in contracts
authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal
Revenue Service as proof of nonprofit status.
(d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures
from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys
on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.
67 Del. Laws, c. 128, § 2.;
§ 8730. Division of the Arts -- Exemption from Bid Law.
The Division shall be exempt from Chapter 69 of this title.
67 Del. Laws, c. 128, § 2.;
§ 8731. Division of Libraries.
(a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general
direction and control over the furnishing of library services within this State. The Director of the Division shall be the
State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries
shall have the following functions and duties:
(1) To provide information, resource materials and library services to state agencies, state and local governmental units
and their subdivisions and, in the Department's discretion, to organizations in need of library services;
(2) To coordinate library services of the several counties in order to assure to every Delaware citizen free and equal access
to services, resources and guidance in the use of such for continuing self-educational, political, cultural, economic, recreational
and intellectual enrichment;
(3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided
by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for
the purposes provided hereinafter;
(4) To foster the recruitment, development and maximum utilization of library personnel throughout the State;
(5) To encourage broad community participation in library development, program planning and the implementation of such plans;
(6) To establish and promote cooperation among all types of libraries at all service levels;
(7) To ensure the State's compatibility to and reciprocity within a national information resources network;
(8) To provide access to a complete collection of current documents published by state government and a comprehensive collection
of current local, state and federal documents of interest to the State;
(9) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve
as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped;
(10) To stimulate every Delaware citizen to fully utilize the State's cultural resource materials and to maintain the individual's
right of access to those materials;
(11) To offer resources which supplement and reinforce local libraries;
(12) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation
of the State's library system;
(13) To recommend legislation to achieve meaningful statewide library development and use;
(14) To establish, interpret and administer standards of effective library services;
(15) To enter into contracts and agreements to provide or to obtain library services and materials; and
(16) To perform all other activities pertinent to the organizational function of library services.
(b) Every state agency shall provide and deposit with the Department sufficient copies of all publications issued by such
agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of
the State. The Administrator of Libraries shall recommend the number of copies required for deposit, consistent with state
interests. From time to time listing of such documents received under the terms of this section shall be published.
29 Del. C. 1953, § 8610; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 4; 65 Del. Laws, c. 290, § 1; 68 Del. Laws, c. 149, § 6; 69 Del. Laws, c. 346, § 1.;
§ 8732. Council on Libraries.
(a) There is hereby established the Council on Libraries.
(b) The Council on Libraries shall serve in an advisory capacity to the Department and shall consider matters relating to
libraries and library standards throughout the State and such other matters as may be referred to it by the Governor, the
Secretary of the Department or the General Assembly. The Council on Libraries may study, research, plan and make advisory
recommendations to the Governor, the Secretary of the Department or the General Assembly on matters it deems appropriate to
provide the best possible library service in Delaware.
(c) The Council on Libraries shall be composed of 2 members who shall be elected annually by each County Library Advisory
Board and who shall serve at its pleasure and 7 members appointed by the Governor. Of the 7 members appointed by the Governor,
3 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years and 2 members shall
be appointed for a term of 3 years; at no time shall there be more than a bare majority representation of 1 major political
party, but any person who declines to state a political affiliation shall be considered eligible for appointment as a member;
and after the initial appointments, all terms shall be for 3 years. No member shall be appointed for more than 2 consecutive
terms. The Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection.
(d) Members of the Council on Libraries shall serve without compensation, except that they may be reimbursed for reasonable
and necessary expenses incident to their duties.
(e) A vacancy prior to the expiration of the term of a member of the Council on Libraries shall be filled only for the remainder
of that term.
29 Del. C. 1953, § 8611; 57 Del. Laws, c. 583, § 1; 59 Del. Laws, c. 480, § 5; 68 Del. Laws, c. 149, § 6; 70 Del. Laws, c. 186, § 1.;
§ 8733. Division of Human Relations.
(a) The Division of Human Relations is established, and shall be responsible for the performance of all the administrative,
ministerial, fiscal and clerical functions of the State Human Relations Commission. The Director of the Division may appoint
and remove employees of the Division as provided by law.
(b) Except as provided in subsection (a) of this section, the membership, remuneration, organization, meetings, powers, duties
and functions of the State Human Relations Commission shall remain as prescribed in Chapters 45 and 46 of Title 6 and Chapter
30 of Title 31.
29 Del. C. 1953, § 8604; 57 Del. Laws, c. 583, § 1; 68 Del. Laws, c. 149, § 7; 75 Del. Laws, c. 356, §§ 1, 2.;
§ 8734. State Council for Persons with Disabilities.
Repealed by 76 Del. Laws, c. 391, § 13, effective July 17, 2008.
§ 8735. Division of Professional Regulation [Effective until Sept. 1, 2010]
(a) The Division of Professional Regulation shall have the powers, duties and functions set forth in this section. The Division
shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including
but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions,
boards and agencies, with the exception that the Secretary of State shall not be precluded from entering into a memorandum
of understanding with the Secretary of the Department of Health and Social Services for the purpose of allowing employees
of the Department of Health and Social Services to function as inspectors, investigators and administrative support for the
Board of Pharmacy:
(1) Board of Accountancy as set forth in Chapter 1 of Title 24;
(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;
(3) Board of Architects as set forth in Chapter 3 of Title 24;
(4) Board of Podiatry as set forth in Chapter 5 of Title 24;
(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;
(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;
(7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24;
(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;
(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;
(10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24;
(11) Board of Nursing as set forth in Chapter 19 of Title 24;
(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;
(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;
(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;
(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;
(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;
(17) Real Estate Commission as set forth in Chapter 29 of Title 24;
(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;
(19) Board of Funeral Services as set forth in Chapter 31 [repealed] of Title 24;
(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;
(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;
(22) Board of Geologists as set forth in Chapter 36 of Title 24;
(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37
of Title 24;
(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;
(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;
(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;
(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;
(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;
(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;
(30) Gaming Control Board as set forth in Chapter 15 of Title 28;
(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;
(32) Board of Athlete Agent Examiners as set forth in Chapter 54 of Title 24;
(33) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; and
(34) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24.
(b) The Division of Professional Regulation shall have the powers, duties and functions related to the regulation of amateur
and professional boxing and combative sports entertainment as set forth in Chapter 1 of Title 28.
(c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions,
boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably
reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such
board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a
purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other
fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting
in its behalf, shall compute for each separate service or activity, the appropriate fees for each agency. All revenue generated
by any of the activities performed by or on behalf of the boards or commissions listed in this chapter shall be deposited
in an appropriated special fund account in the Division of Professional Regulation. These funds shall be used to fund all
costs necessary to defray the expenses of each board or commission or of the Division on behalf of such board or commission,
up to the budget authority for any fiscal year or portion thereof.
(d) The Division of Professional Regulation shall have the following powers, duties and functions relating to the administration
of examinations for all boards, commissions and other agencies listed in this section:
(1) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;
(2) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs
of all agency examinations, including test validation;
(3) To pay examination services and other expenses directly related to the administration of examinations;
(4) To review, approve and execute all contracts for examination services;
(5) Review and approve, subject to Sunset Committee review, the content and validity of any examination written, developed
or used by a board or commission listed in this section;
(6) Supervise the administration and proctoring of all tests for all boards and commissions;
(7) To contract for a treatment provider for licensed persons, provided however that such treatment provider shall not be
employed by or under contract with any professional organization representing licensees regulated by the Division of Professional
Regulation or any board in Title 24; and
(8) Permit potential complainants access to an Investigator with the Division of Professional Regulation to discuss issues
or concerns regarding their reports or complaints.
(e) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members
of all boards and commissions listed in this section, which policy shall be set forth in the Division's rules and regulations.
In establishing this policy, the Director of Professional Regulation may consider the limits of available appropriations and
the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of
state professional regulatory boards. In addition to the rate of compensation established in the Delaware Code for each board
or commission, each member of a board or commission listed in this section may receive reimbursement or partial reimbursement
for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to state employees, per mile
actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.
(f) The Division of Professional Regulation shall establish policies governing the appropriate times, locations and notice
for meetings and public hearings of all boards and commissions listed in this section so as to promote public participation.
Such policies shall be set forth in the rules and regulations of the Division. Meetings and hearings may only take place in
facilities approved by the Division.
(g) The Director of Professional Regulation shall ensure that all regulatory actions taken by boards and commissions listed
in this section are in conformance with the Administrative Procedures Act and the Freedom of Information Act. The Director
shall review and approve all legal notices, public notices and agendas for conformance with these requirements.
(h) The following procedure shall be followed for the investigation of complaints against licensees of boards, agencies and
commissions listed in subsection (a) of this section and otherwise regulated by the Division of Professional Regulation:
(1) Any person who desires to file a complaint against any licensee regulated by a board, commission or agency covered pursuant
to this chapter must do so in writing.
(2) The complaint shall state the name of the licensee and sufficient facts as determined by the Division which allegedly
constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Division
of Professional Regulation may, in its discretion, sua sponte dismiss the complaint.
(3) The complaint shall be filed with the Director of the Division. The Director shall, within 15 days of the receipt of the
complaint, fill out a complaint card, assign a complaint number and log the complaint in the Division of Professional Regulation's
records. A record of the complaint shall be kept with the Division for a period of 5 years. The Division shall also assign
an investigator employed by the Division to investigate the complaint after this procedure is complied with.
(4) The Division of Professional Regulation shall thereafter mail a copy of the complaint to the licensee named in the complaint
at the licensee's address of record in the Division's files. The named licensee, if the licensee chooses, may file an answer
to the complaint within 20 calendar days with the Division.
(5) The Division shall, thereafter, provide a copy of the complaint to the board, commission or agency which regulates the
named licensee in the complaint. The board, agency, or commission shall maintain a record of the same.
(6) At the board, agency or commission's next regularly scheduled meeting, it may assign a board member to assist the Division
with the investigation of the complaint. This board member shall maintain strict confidentiality of the facts of the investigation
and shall not discuss any issue of fact or law of the investigation with any other board member or the public. In addition,
if a hearing is held, the inves
