1 Del. Admin. Code § 1100-12.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1100-12.0 - Sanctions

12.1 If the Credentialing Subcommittee of the SOMB determines that there has been a violation of 1 DE Admin. Code 1100 or the standards adopted by the SOMB, then it may impose any of the following sanctions, singularly or in combination:

12.1.1 Formal Discipline which restricts or impedes the credentialed Sex Offense Service Provider's ability to perform services under that credential. Formal disciplinary action decisions will be posted on the SOMB website and central database of credentialed Sex Offense Service Providers;

12.1.1.1 Suspension. A credential may be suspended by the Credentialing Subcommittee of the SOMB for a period not to exceed one (1) year. Upon a second or subsequent suspension, the credential may be suspended for a period not to exceed five (5) years. During the period of suspension, the Sex Offense Service Provider may not perform any credentialed sex offense services in the state of Delaware.

12.1.1.2 Revocation. A credential may be revoked permanently by the Credentialing Subcommittee of the SOMB.

12.1.1.3 Restrictions. A credential may be restricted by requiring the Sex Offense Service Provider to comply with the Credentialing Subcommittee of the SOMB's directives. The duration of the restriction placed on the credential will be established by a specified date, by the performance of certain remedial or corrective action, or a combination thereof. The duration of a restriction of a credential shall not exceed one (1) year.

12.1.2 Informal Discipline. Informal disciplinary actions do not restrict or impede a credentialed Sex Offense Service Provider's ability to perform sex offense services. Informal disciplinary actions are not public and will not be posted on the SOMB website or central database of credentialed Sex Offense Service Providers;

12.1.2.1 Monitoring. This consists of routinely reviewing a credentialed Sex Offense Service Provider's performance to assist them with understanding the dynamics of the population served and compliance with the SOMB's standards. Monitoring may include the recommendation of specialized training or the use of a mentor approved by the SOMB;

12.1.2.2 Letters of Informal Reprimand or Counseling. This is used to provide guidance or recommendations to the credentialed Sex Offense Service Provider regarding areas for improvement; and

12.1.2.3 Probation. The Credentialing Subcommittee of the SOMB may withhold using formal discipline and place the credentialed Sex Offense Service Provider on probation not to exceed two (2) years. The Credentialing Subcommittee of the SOMB may impose any conditions of probation deemed necessary to ensure compliance with the SOMB's standards of practice. Failure to comply with a probationary term may result in the imposition of any suspended discipline following a hearing.

12.2 Credential holders facing informal disciplinary action will not have the right to a hearing and do not have the right to appeal the Credentialing Subcommittee of the SOMB's decision for informal disciplinary action. Informal discipline occurs at the sole discretion of the Credentialing Subcommittee of the SOMB. Credentialed Sex Offense Service Providers may face formal disciplinary action for not complying with any informal disciplinary action as agreed to by both parties. Should the credentialed Sex Offense Service Provider not agree to the informal disciplinary action recommended by the Credentialing Subcommittee of the SOMB, the Credentialing Subcommittee of the SOMB reserves the right to initiate formal disciplinary proceedings.

12.3 Credentialed Sex Offense Service Providers who are facing formal disciplinary action will have the right to a hearing as provided below.

12.4 The Credentialing Subcommittee of the SOMB is not authorized to impose civil remedies, such as monetary damages or restitution, to compensate complainants or to resolve fee disputes, which are civil matters.

12.5 The Credentialing Subcommittee of the SOMB is not authorized to impose criminal penalties.

1 Del. Admin. Code § 1100-12.0

22 DE Reg. 617 (1/1/2019)
25 DE Reg. 301 (9/1/2021) (Final)