Delaware Certificate of Authorization
It is required for all partnerships, sole proprietorships, and corporations intending to offer engineering services to the public.3 min read
Delaware certificate of authorization is required for all partnerships, sole proprietorships, and corporations intending to offer engineering services to the public. The bill (House Bill No. 894), which was passed by the Delaware State Legislature and signed into existence by the governor in 1972, provides for self-regulation of the engineering profession.
Creation of Delaware's Association of Professional Engineers and Council
The bill, which established Delaware's Association of Professional Engineers and Council by replacing the State Board of Registration for Professional Engineers and Land Surveyors, was passed to regulate engineering practice in the state.
This bill was incorporated into state law and requires businesses intending to offer engineering services to obtain a certificate of authorization before they can commence business operations.
Under the title of “Public works,” the bill stipulates the following:
1. The State of Delaware, its authorities, commissions, agencies, and political subdivisions shall not engage in public works construction projects (which involve engineering practices) or receive or solicit proposals to that effect unless the estimates, specifications, and engineering drawings are prepared under direct supervision of Permitter or Registrant.
2. Such projects must also be executed under the supervision of the above persons. Any contract whose execution violates this section shall become null and void.
(a)This chapter stipulates that in order to practice the engineering profession, all engineering partnerships, or corporations must obtain the certificate of authorization.
(b)For engineering partnerships or corporations with certificates of authorization to offer to provide or offer engineering services to the public, at least one of its employees or officers must be
- A licensee.
- Designated as the person in charge of all engineering decisions and activities of the said partnership or corporation.
(c) All employees of the engineering partnership or corporation who practice engineering on the entity's behalf must be licensees. This chapter allows engineering corporations or partnerships and their employees to perform engineering services for said engineering corporation or partnership or any of its affiliate corporations or subsidiaries.
(d) Any engineering partnership or corporation that desires to obtain the certificate of authorization must first file an application with the Council listing the names and proper addresses of the engineering partnership or corporation's principals, board members, and officers and the particulars of licensees responsible for the provision of engineering services through the engineering partnership or corporation, in addition to other information which the Council may require.
An annual renewal fee must accompany this information.
If there are changes in the positions or responsibilities of the individuals mentioned above, such changes must be filed with the Council no later than 30 days after the change has been effected.
Once an engineering partnership or corporation meets the above requirements, the Council will issue the certificate of authorization allowing it to collect fees and enter into contracts for the provision of engineering services.
(e) If the Council discovers that an applicant has practiced engineering without proper authorization, it can reject or refuse the application of such an entity. Notwithstanding this directive, the Council, at its discretion, may allow the licensing of such an applicant if suitable proof of reform is presented to the Council.
(f) Under this section, engineering partnerships or corporations shall not be relieved of responsibilities arising from the acts or conduct of its agents, officers, or employees in line with compliance with provisions stipulated in this section, nor shall individuals providing engineering services be relieved of responsibilities arising from services performed due to relationship or employment with such engineering partnership or corporation.
(g) All applicants seeking the certificate of authorization must comply with the state tax laws applicable under Chapter 23 - Title 30. Before the Council issues the certificate of authorization, proof of compliance with this directive must be submitted.
Any licensee who offers to practice or practices engineering under a name different from the licensee's official name must practice under the certificate of authorization.
How to Apply for a Certificate of Authorization
All applicants must complete the certificate of authorization application in its entirety. Such applicants can apply online at the official DAPE website at www.dape.org/CertificateAuthorizations/appLogin/ or download the certificate of authorization application, fill all the required fields and mail in the completed application to the Office of the DAPE.
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