Cumulative Tables........................................................................................................................................ 876

PROPOSED

DEPARTMENT OF EDUCATION

Office of the Secretary

612 Possession, Use or Distribution of Drugs and Alcohol............................................................... 882

736 Local School District and Charter School Citizen Budget Oversight Committees...................... 886

805 The School Health Tuberculosis (TB) Control Program............................................................. 890

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

DSSM:3033 Interim Assistance Reimbursement............................................................................. 894

Child Care Subsidy Program, 11006.5.1 Terminating Providers.......................................... 896

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

3518 Black Drum Size Limit; Possession Limit; Landing Limit; Dealer Limit..................................... 897

3521 Weakfish Size Limits; Possession Limits; Seasons.................................................................. 899

DEPARTMENT OF STATE

Division of Professional Regulation

100 Board of Accountancy................................................................................................................ 901

101 Regulations Governing Bingo..................................................................................................... 901

102 Regulations Governing Raffles................................................................................................... 901

103 Regulations Governing Charitable Gambling Other Than Raffles.............................................. 901

DEPARTMENT OF TRANSPORTATION

Division of Motor Vehicles

2201 Procedure for Re-licensing Investigations Character Background Review.............................. 908

2217 Interim Identification Procedure for the Division of Motor Vehicles.......................................... 911

DEPARTMENT OF AGRICULTURE

304 Exotic Animal Regulations.......................................................................................................... 926

Harness Racing Commission

501 Harness Racing Rules and Regulations, Section 10.0 Due Process & Disciplinary Action....... 931

DEPARTMENT OF EDUCATION

Office of the Secretary

735 Standardized Financial Reporting and Transparency................................................................ 933

851 K to 12 Comprehensive Health Education Program................................................................... 935

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

DSSM: 9059 Income Exclusions...................................................................................................... 937





DEPARTMENT OF INSURANCE

1305 Rate Filing Procedures for Health Insurers and Health Service Corporations

and Managed Care Organizations..................................................................................................... 939

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

3900 Wildlife Regulations.................................................................................................................. 941

Division of Soil and Water Conservation

5104 Delaware Coastal Management Program Federal Consistency Policies & Procedures........... 943

DEPARTMENT OF STATE

Division of Professional Regulation

1000 Board of Pilot Commissioners.................................................................................................. 946

Public Service Commission

Regulation Docket No. 49: Rules and Regulations to Implement the Provisions of

26 Del. C. Ch. 10 Relating to the Creation of a Competitive Market for Retail

Electric Supply Service............................................................................................................... 950

Regulation Docket No. 56: Rules and Procedures to Implement the Renewable Energy

Portfolio Standards Act............................................................................................................... 952

Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard

Offer Service by Delmarva Power & Light Company.................................................................. 953

DEPARTMENT OF TRANSPORTATION

Division of Motor Vehicles

2287 Public Carrier Regulations........................................................................................................ 955

CALENDAR OF EVENTS/HEARING NOTICES

State Board of Education, Notice of Monthly Meeting.................................................................................... 957

Dept. of Health and Social Services, Div. of Social Services, Notice of Public Comment Period.................. 957

Dept. of Natural Resources and Environmental Control, Division of Fish and Wildlife

Notices of Public Hearings and Comment Periods..................................................................... 957 - 958

Dept. of State, Div. of Professional Regulation

Board of Accountancy, Delaware Gaming Control Board, Public Hearings and Comment Periods 958 - 959

Dept. of Transportation, Division of Motor Vehicles, Notice of Public Comment Periods............................... 959





DELAWARE COUNCIL ON POLICE TRAINING................................................................ 13 DE Reg. 593(Prop.)

 13 DE Reg. 840(Final)

Proposed Amendments to the Water Quality Regulations, Water Code and

Comprehensive Plan to Revise the Human Health Water Quality Criteria for PCBs

in the Delaware Estuary, etc.................................................................................... 13 DE Reg. 154(Prop.)

501 Regulations of the Delaware Solid Waste Authority................................................ 13 DE Reg. 326(Prop.)

502 Statewide Solid Waste Management Plan.............................................................. 13 DE Reg. 333(Prop.)

Proposed Recommendations for 2009.......................................................................... 13 DE Reg. 7(Prop.)

 13 DE Reg. 629 (Final)

Delaware Standardbred Breeders’ Fund

502 Delaware Standardbred Breeder’s Fund Regulations, Sections 4.0,

9.0 & 14.0.......................................................................................................... 13 DE Reg. 496(Final)

304 Exotic Animal Regulations ............................................................................... 13 DE Reg. 8(Prop.)

 13 DE Reg. 559(Prop.)

501 Harness Racing, Rule 7.0 Rules of the Race................................................... 13 DE Reg. 17(Prop.)

 13 DE Reg. 841(Final)

501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ..................... 13 DE Reg. 336(Prop.)

Rule 14.20 Toe Grabs............................................................................................. 13 DE Reg. 6(Emer)

 13 DE Reg. 151(Emer)

Rule 11.0, Entries, Subscriptions, Delegations....................................................... 13 DE Reg. 343(Prop.)

 13 DE Reg. 497(Final)

103 Accountability for Schools, Districts and the State........................................... 13 DE Reg. 708(Prop.)

106 Teacher Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 725(Prop.)

106A Teacher Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 732(Prop.)

108 Administrator Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 738(Prop.)

108A Administrator Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 745(Prop.)

202 Freedom of Information Act (FOIA) Procedures............................................... 13 DE Reg. 252(Final)

251 Family Educational Rights and Privacy Act (FERPA)....................................... 13 DE Reg. 751(Prop.)





252 Required Educational Records and Transfer and Maintenance of

Educational Records......................................................................................... 13 DE Reg. 753(Prop.)

260 General Administrative Review Procedures for the Child & Adult Care Food

Programs of the United States Department of Agriculture CACFP/USDA........ 13 DE Reg. 345(Prop.)

 13 DE Reg. 636(Final)

501 State Content Standards................................................................................... 13 DE Reg. 256(Final)

502 Alignment of Local School District Curricula to the State Content Standards... 13 DE Reg. 257(Final)

609 District and School-Based Intervention Services.............................................. 13 DE Reg. 570(Prop.)

705 Leave for Training Camp or Special Duty in the National Guard or the

Military Reserves of the United States ............................................................. 13 DE Reg. 348(Prop.)

 13 DE Reg. 637(Final)

706 Credit for Experience for Full Time Active Duty Service in the Armed Forces.. 13 DE Reg. 349(Prop.)

 13 DE Reg. 639(Final)

714 Professional Employee Work Stoppage or Strike............................................. 13 DE Reg. 756(Prop.)

718 Health Examinations for Employees of School Districts, Charter Schools,

and Alternative Programs.................................................................................. 13 DE Reg. 351(Prop.)

 13 DE Reg. 640(Final)

725 School Administrator Contracts and Agreements............................................. 13 DE Reg. 758(Prop.)

735 Standardized Financial Reporting..................................................................... 13 DE Reg. 572(Prop.)

736 Local School District and Charter School Citizen Budget Oversight

Committees....................................................................................................... 13 DE Reg. 574(Prop.)

738 Financial Goals for Instruction and Instruction-related Expenditures............... 13 DE Reg. 759(Prop.)

742 Compensation of School District and Charter School Personnel Under

Federal Projects................................................................................................ 13 DE Reg. 443(Prop.)

 13 DE Reg. 842(Final)

746 Criminal Background Check for Student Teaching...................................... 13 DE Reg. 445(Prop.)

 13 DE Reg. 843(Final)

851 K to 12 Comprehensive Health Education Program.................................... 13 DE Reg. 578(Prop.)

852 Child Nutrition .................................................................................................. 13 DE Reg. 353(Prop.)

1105 School Transportation..................................................................................... 13 DE Reg. 449(Prop.)

 13 DE Reg. 845(Final)

1507 Alternative Routes to Teacher Licensure and Certification Program.............. 13 DE Reg. 354(Prop.)

 13 DE Reg. 642(Final)

1511 Issuance and Renewal of Continuing License................................................ 13 DE Reg. 762(Prop.)

1512 Issuance and Renewal of Advanced License................................................. 13 DE Reg. 359(Prop.)

 13 DE Reg. 647(Final)

1590 Delaware Administrator Standards................................................................. 13 DE Reg. 362(Prop.)

 13 DE Reg. 650(Final)

460 Sports Lottery Rules and Regulations.............................................................. 13 DE Reg. 24(Prop.)

 13 DE Reg. 406(Final)

1915(c) Home and Community-Based Services Waiver for the Elderly and 

Disabled ........................................................................................................... 13 DE Reg. 93(Final)

Diamond State Health Plan 1115 Demonstration Waiver ........................................ 13 DE Reg. 370(Prop.)

 13 DE Reg. 652(Final)

Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement

Methodology for Inpatient Hospital Services..................................................... 13 DE Reg. 373(Prop.)

 13 DE Reg. 656(Final)





Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement

Methodology for Medicaid Services ................................................................. 13 DE Reg. 375(Prop.)

 13 DE Reg. 658(Final)

Title XIX Reimbursement Methodology for Medicaid Services ............................... 13 DE Reg. 259(Final)

DSSM17900 Medicaid for Workers with Disabilities ............................................ 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17908 Unearned Income Exclusion............................................................ 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17911 Financial Eligibility Determination.................................................... 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17912 Retroactive Eligibility....................................................................... 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

20800 Determining Eligibility for the Acute Care Program......................... 13 DE Reg. 263(Final)

DSSM1006.6 Civil Rights Program and Public Relations..................................... 13 DE Reg. 7(Prop.)

 13 DE Reg. 150(Err.)

 13 DE Reg. 407(Final)

2001.1 Redetermination: Eligibility Review Periods................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 661(Final)

3017 Other CMR Elements........................................................................ 13 DE Reg. 450(Prop.)

 13 DE Reg. 847(Final)

4002.2 Available Resources....................................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

4002.5 Excluded Resources....................................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

4002.6 Disposal of Real Property............................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

9032.3 Utility Expenses.............................................................................. 13 DE Reg. 267(Final)

9032.8 (Reserved) ..................................................................................... 13 DE Reg. 267(Final)

9032.9 Continuing Shelter Charges........................................................... 13 DE Reg. 267(Final)

9032.11 (Reserved).................................................................................... 13 DE Reg. 267(Final)

9038 Verification for Recertifications and Interim Changes........................ 13 DE Reg. 267(Final)

9059 Income Exclusions............................................................................. 13 DE Reg. 580(Prop.)

9068 Food Supplement Program............................................................... 13 DE Reg. 779(Prop.)

9085 Certification Periods Reporting Changes.......................................... 13 DE Reg. 779(Prop.)

11000 Child Care Subsidy Program........................................................... 13 DE Reg. 782(Prop.)

11003.7.8 Special Needs Children............................................................. 13 DE Reg. 97(Final)

11006.4.1 Absent Day Policy...................................................................... 13 DE Reg. 100(Final)

305 Actuarial Opinion and Memorandum Regulation.................................................... 13 DE Reg. 102(Final)

607 Defensive Driving Course Discount (Automobiles and Motorcycles) ..................... 13 DE Reg. 158(Prop.)

 13 DE Reg. 498(Final)

901 Arbitration of Automobile and Homeowners’ Insurance Claims.............................. 13 DE Reg. 583(Prop.)

1212 Valuation of Life Insurance Policies...................................................................... 13 DE Reg. 152(Emer)

 13 DE Reg. 409(Final)

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum

Reserve Liabilities................................................................................................... 13 DE Reg. 153(Emer)

 13 DE Reg. 410(Final)

1305 Loss Ratio Filing Procedures for Health Insurers and Health Service

Corporations for medical and H ospital Expense-incurred Insurance Policies

and Group Plans 13 DE Reg. 587(Prop.)

1501 Medicare Supplement Insurance Minimum Standards......................................... 13 DE Reg. 270(Final)





Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers &

Investment Adviser Representatives § 800. Senior Specific Designations....... 13 DE Reg. 48(Prop.)

Rules and Regulations Pursuant to the Delaware Securities Act............................ 13 DE Reg. 381(Prop.)

 13 DE Reg. 667(Final)

1101 Definitions and Administrative Principles........................................................ 13 DE Reg. 411(Final)

1124 Control of Volatile Organic Compound Emissions, Sections 2.0, 12.0,

19.0, 20.0 and 22.0........................................................................................... 13 DE Reg. 788(Prop.)

1125 Requirements for Preconstruction Review, Section 3.0 Prevention of

Significant Deterioration of Air Quality.............................................................. 13 DE Reg. 789(Prop.)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 10.0.................................................................................. ............ 13 DE Reg. 165(Prop.)

 13 DE Reg. 668(Final)

Section 14.0...................................................................................................... 13 DE Reg. 790(Prop.)

1141 Limiting Emissions of Volatile Organic Compunds from Consumer and

Commercial Products, Section 3.0 Portable Fuel Containers........................... 13 DE Reg. 792(Prop.)

1142 Specific Emission Control Requirements........................................................ 13 DE Reg. 382(Prop.)

 13 DE Reg. 670(Final)

1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation............................. 13 DE Reg. 499(Final)

1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0............ 13 DE Reg. 185(Prop.)

1302 Regulations Governing Hazardous Waste...................................................... 13 DE Reg. 452(Prop.)

 13 DE Reg. 852(Final)

1351 Delaware Regulations Governing Underground Storage Tank Systems 13 DE Reg. 796(Prop.)

3304 Creel Limits and Seasons............................................................................... 13 DE Reg. 813(Prop.)

3512 Winter Flounder Size Limit; Possession Limit; Seasons................................. 13 DE Reg. 386(Prop.)

 13 DE Reg. 672(Final)

3711 Conch Minimum Size Limits (Formerly S-48).................................................. 13 DE Reg. 387(Prop.)

 13 DE Reg. 675(Final)

3904 Seasons.......................................................................................................... 13 DE Reg. 458(Prop.)

5103 Delaware Dam Safety Regulations and Procedures..................................... 13 DE Reg. 854(Final)

5104 Delaware Coastal Management Program Federal Consistency Policies

and Procedures................................................................................................. 13 DE Reg. 461(Prop.)

7401 Surface Water Quality Standards ................................................................... 13 DE Reg. 217(Prop.)

1300 Board of Examiners of Private Investigators & Private Security Agencies .... 13 DE Reg. 229(Prop.)

 13 DE Reg. 502(Final)

2300 Pawn Brokers, Secondhand Dealers and Scrap Metal Processors................ 13 DE Reg. 462(Prop.)

 13 DE Reg. 856(Final)

2400 Board of Examiners of Constables................................................................. 13 DE Reg. 388(Prop.)

 13 DE Reg. 677(Final)

Uniform Controlled Substance Act Regulations................................................ 13 DE Reg. 281(Final)

1001 Assistance for the Development of the Arts Regulations................................ 13 DE Reg. 231(Prop.)





100 Gaming Control Board

101 Regulations Governing Bingo.................................................................... 13 DE Reg. 49(Prop.)

 13 DE Reg. 412(Final)

 13 DE Reg. 599(Prop.)

102 Regulations Governing Raffles.................................................................. 13 DE Reg. 107(Final)

103 Regulations Governing Charitable Gambling Other Than Raffles ........ 13 DE Reg. 107(Final)

 13 DE Reg. 599(Prop.)

104 Regulations Governing No Limit Texas Hold’em Poker ............................. 13 DE Reg. 49(Prop.)

 13 DE Reg. 107(Final)

 13 DE Reg. 412(Final)

 13 DE Reg. 599(Prop.)

1000 Board of Pilot Commissioners........................................................................ 13 DE Reg. 464(Prop.)

 13 DE Reg. 503(Final)

1700 Board of Medical Practice.............................................................................. 13 DE Reg. 236(Prop.)

 13 DE Reg. 284(Final)

 13 DE Reg. 680(Final)

1770 Respiratory Care Practice Advisory Council................................................... 13 DE Reg. 815(Prop.)

1790 Acupuncture Advisory Council....................................................................... 13 DE Reg. 237(Prop.)

 13 DE Reg. 858(Final)

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning & Refrigeration

Examiners......................................................................................................... 13 DE Reg. 825(Prop.)

2000 Board of Occupational Therapy Practice........................................................ 13 DE Reg. 606(Prop.)

2500 Board of Pharmacy......................................................................................... 13 DE Reg. 57(Prop.)

 13 DE Reg. 506(Final)

2700 Board of Professional Land Surveyors, Sections 12.0 Minimum Technical

Standards for Licences and 15.0 Reciprocity Eligibility .......... .................. 13 DE Reg. 244(Prop.)

2930 Council on Real Estate Appraisers................................................................. 13 DE Reg. 123(Final)

3500 Board of Examiners of Psychologists............................................................. 13 DE Reg. 124(Final)

3600 Board of Registration of Geologists................................................................ 13 DE Reg. 390(Prop.)

 13 DE Reg. 682(Final)

3700 Board of examiners of Speech/Language Pathologists, Audiologists &

Hearing Aid Dispensers.................................................................................... 13 DE Reg. 826(Prop.)

3800 Committee on Dietetics/Nutrition ................................................................... 13 DE Reg. 79(Prop.)

 13 DE Reg. 414(Final)

4400 Delaware Manufactured Home Installation Board.......................................... 13 DE Reg. 834(Prop.)

2101 Mortgage Loan Brokers Operating Regulations............................................. 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)

2201 Licensed Lenders Operating Regulations...................................................... 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)

2401 Mortgage Loan Originator Licensing.............................................................. 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)

Regulation Docket No. 49: Rules and Regulations to Implement the Provisions

of 26 Del.C. Ch. 10 Relating to the Creation of a Competitive Market for

Retail Electric Supply Service........................................................................... 13 DE Reg. 614(Prop.)

Regulation Docket No. 50: Rules, Standards and Indices to Ensure Reliable

Electric Service by Electric Distribution Companies......................................... 13 DE Reg. 837(Prop.)

Regulation Docket No. 56: Rules and Procedures to Implement the Renewable

Energy Portfolio Standards Act......................................................................... 13 DE Reg. 623(Prop.)

Regulation Docket No. 60: Integrated Resource Planning for the Provision of

Standard Offer Service by Delmarva Power & Light Company......................... 13 DE Reg. 395(Prop.)

Regulation Docket No. 61: Adoption of Rules to Establish an Intrastate Gas

Pipeline Safety Compliance Program .............................................................. 13 DE Reg. 416(Final)





2287 Public Carrier Regulations.............................................................................. 13 DE Reg. 405(Prop.)

2309 Standards and Regulations for Subdivision Streets and State Highway

Access ............................................................................................................. 13 DE Reg. 626(Prop.)

2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9........ 13 DE Reg. 418(Final)

Delaware Economic Development Office

402 Procedures Governing The Delaware Strategic Fund...................................... 13 DE Reg. 489(Prop.)

Office of Management and Budget

Freedom of Information Act Policy and Procedures................................................ 13 DE Reg. 493(Prop.)

2001 Group Health Care Insurance Eligibility and Coverage Rules.............................. 13 DE Reg. 126(Final)

 13 DE Reg. 683(Final)





DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 612







612 Possession, Use or Distribution of Drugs and Alcohol
1.0The Following Policy on the Possession, Use, or Distribution of Drugs and Alcohol Shall Apply to 
All Public School Districts and Charter Schools

1.1The possession, use and/or distribution of alcohol, a drug, a drug like substance, a look alike 
substance and drug paraphernalia are wrong and harmful to students and are prohibited within the 
school environment.

1.2Student lockers are the property of the school and may be subjected to search at any time with or 
without reasonable suspicion.

1.3Student motor vehicle use to and in the school environment is a privilege which may be extended by 
school districts or charter schools to students in exchange for their cooperation in the maintenance of a 
safe school atmosphere. Reasonable suspicion of a student's use, possession or distribution of 
alcohol, a drug, a drug like substance, a look alike substance or drug paraphernalia in the school 
environment, may result in the student being asked to open an automobile in the school environment 
to permit school authorities to look for such items. Failure to open any part of the motor vehicle on the 
request of school authorities may result in the police being called to conduct a search, and will result in 
loss of the privilege to bring the vehicle on campus.







1.4All alcohol, drugs, drug like substances, look alike substances and drug paraphernalia found in a 
student's possession shall be turned over to the principal or designee, and be made available, in the 
case of a medical emergency, for identification. All substances shall be sealed and documented, and, 
in the case of substances covered by 16 Del.C. Ch. 47, turned over to police as potential evidence.

12 DE Reg. 781 (12/01/08)

2.0The Following Definitions Shall Apply to This Policy and Will be Used in All District and Charter 
School Policies

"Alcohol" shall mean alcohol or any alcoholic liquor capable of being consumed by a human being, as 
defined in 4 Del.C. §101 including alcohol, spirits, wine and beer.

"Distribute" "Distributing" or "Distribution" shall mean the transfer or attempted transfer of alcohol, 
a drug, a look alike substance, a drug like substance, or drug paraphernalia to any other person with or 
without the exchange of money or other valuable consideration.

"Drug" shall mean any controlled substance or counterfeit substance as defined in 16 Del.C. §4701including, for example, narcotic drugs such as heroin or cocaine, amphetamines, anabolic steroids, 
and marijuana, and shall include any prescription substance which has been given to or prescribed for 
a person other than the student in whose possession it is found.

"Drug Like Substance" shall mean any noncontrolled and nonprescription substance capable of 
producing a change in behavior or altering a state of mind or feeling, including, for example, some over 
the counter cough medicines, certain types of glue, caffeine pills and diet pills. The definition of drug 
like substance does not include tobacco or tobacco products which are governed by 14 DE Admin. 
Code 877 Tobacco Policy.

"Drug Paraphernalia" shall mean all equipment, products and materials as defined in 16 Del.C. 
§4701 including, for example, roach clips, miniature cocaine spoons and containers for packaging 
drugs.

"Expulsion" shall mean exclusion from school for a period determined by the local district or charter 
school not to exceed the total number of student days. The process for readmission shall be 
determined by the local district or charter school.

"Look Alike Substance" shall mean any noncontrolled substance which is packaged so as to appear 
to be, or about which a student makes an express or implied representation that the substance is, a 
drug or a noncontrolled substance capable of producing a change in behavior or altering a state of 
mind or feeling. See 16 Del.C. §4752A.

"Nonprescription Medication" shall mean any over the counter medication; some of these 
medications may be a "drug like substance."

"Possess" "Possessing" or "Possession" shall mean that a student has on the student's person, in 
the student's belongings, or under the student's reasonable control by placement of and knowledge of 
the whereabouts of, alcohol, a drug, a look alike substance, a drug like substance or drug 
paraphernalia.

"Prescription Drugs" shall mean any substance obtained directly from or pursuant to a valid 
prescription or order of a practitioner, as defined in 16 Del.C. §4701(24), while acting in the course of 
his or her professional practice, and which is specifically intended for the student in whose possession 
it is found.

"School Environment" shall mean within or on school property, and at school sanctioned or 
supervised activities, including, for example, on school grounds, on school buses, at functions held on 
school grounds, at extra curricular activities held on and off school grounds, on field trips and at 
functions held at the school in the evening.

"Use" shall mean that a student is reasonably known to have ingested, smoked or otherwise 
assimilated alcohol, a drug or a drug like substance, or is reasonably found to be under the influence of 
such a substance.

12 DE Reg. 781 (12/01/08)







3.0Requirement of Each School District and Charter School to have a Policy.

Each school district and charter school shall have a policy on file and update it periodically. The policy 
shall Include, as a minimum the following:

3.1A system of notification of each student and of his/her parent, guardian or Relative Caregiver at the 
beginning of the school year, of the state and district policies and regulations. In addition a system for 
the notification of each student and his/her parent, guardian or Relative Caregiver whenever a student 
enrolls or re enrolls during the school year of the state and district policies and regulations.

3.2A statement that state and district or charter school policies shall apply to all students, except that with 
respect to children with disabilities, applicable federal and state laws will be followed.

3.3A written policy which sets out procedures for reporting incidents to police authorities, parents, 
guardians or Relative Caregivers and to the Department of Education, while maintaining 
confidentiality.

3.4A written policy on how evidence is to be kept, stored and documented, so that the chain of custody is 
clearly established prior to giving such evidence over to the police.

3.5A written policy on search and seizure.

3.6A program of assistance for students with counseling and referral to services as needed.

3.7A discipline policy which contains, at a minimum, the following penalties for infractions of state, district, 
and charter school drug policies.

3.7.1Use/Impairment: For a first offense, if a student is found to be only impaired and not in violation of 
any other policies, he/she shall be suspended for up to 10 days, or placed in an alternative setting 
for up to 10 days, depending upon the degree of impairment, the nature of the substance used, 
and other aggravating or mitigating factors. For a second or subsequent offense, a student may be 
expelled or placed in an alternative setting for the rest of the school year.

3.7.2Possession of alcohol, a drug, a drug like substance, and/or a look alike substance, in an amount 
typical for personal use, and drug paraphernalia: For a first offense, the student shall be 
suspended for 5 to 10 days. For a second or subsequent offense, a student may be expelled for 
the rest of the school year or placed in an alternative setting for the rest of the school year.

3.7.3Possession of a quantity of alcohol, a drug, a drug like substance, a look alike substance and drug 
paraphernalia in an amount which exceeds an amount typical for personal use, or distribution of 
the above named substances or paraphernalia: the student shall be suspended for 10 days, or 
placed in an alternative setting for 10 days. Depending on the nature of the substance, the quantity 
of the substance and/or other aggravating or mitigating factors, the student also may be expelled.

3.8A policy in cases involving a drug like substance or a look alike substance for establishing that the 
student intended to use, possess or distribute the substance as a drug.

3.9A policy which establishes how prescription and nonprescription drugs shall be handled in the school 
environment and when they will be considered unauthorized and subject to these state and local 
policies.

3.10A policy which sets out the conditions for return after expulsion for alcohol or drug infractions.

3.11Notwithstanding any of the foregoing to the contrary, all policies adopted by public school districts or 
charter schools relating to the possession or use of drugs shall permit a student's discretionary use 
and possession of an asthmatic quick relief inhaler ("Inhaler") or autoinjectable epinephrine with 
individual prescription label; provided, nevertheless, that the student uses the inhaler or autoinjectable 
epinephrine pursuant to prescription or written direction from a state licensed health care practitioner; 
a copy of which shall be provided to the school district or charter school; and further provided that the 
parent(s) or legal custodian(s) of such student provide the school district or charter school with written 
authorization for the student to possess and use the inhaler or autoinjectable epinephrine at such 
student's discretion, together with a form of release satisfactory to the school district or charter school 
releasing the school district or charter school and its employees from any and all liability resulting or 
arising from the student's discretionary use and possession of the inhaler or autoinjectable epinephrine 
and further provided that the school nurse may impose reasonable limitations or restrictions upon the 







student's use and possession of the inhaler or autoinjectable epinephrine based upon the student's 
age, level of maturity, behavior, or other relevant considerations.

3.11.1Parents or legal custodians shall not be required to provide or sign a form of release where the 
student's use and possession of an asthmatic quick relief inhaler or autoinjectable epinephrine is 
determined by the student's IEP or Section 504 Team to be necessary for the student's 
educational placement.

3.11.2Except as provided for in a student's Section 504 Plan or IEP, the school nurse may not 
unilaterally impose limitations or restrictions on a student's use and possession of an asthmatic 
quick relief inhaler or autoinjectable epinephrine if a Section 504 or IEP Team has determined the 
use of the medication is necessary for the student's educational placement.

(For students who use prescribed asthmatic quick relief inhalers or autoinjectable epinephrine, see 14DE Admin. Code 817, Administration of Medications and Treatments)

12 DE Reg. 781 (12/01/08)

4.0Reporting Requirements and Timelines

4.1Each local school district and charter school shall have an electronic copy of its current possession, 
use and distribution of drugs and alcohol policy on file with the Department of Education.

4.2When a local school district or charter school revises its possession, use, and distribution of drugs and 
alcohol policy, it shall provide an electronic copy of the revised policy to the Department within thirty 
(30] days of the revision, even if the revision was made because of changes in Federal, state or local 
law, regulations, guidance or policies.2 DE Reg. 2043 (5/1/99)

7 DE Reg. 767 (12/1/03)

12 DE Reg. 781 (12/01/08)

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 736









736 Local School District and Charter School Citizen Budget Oversight Committees
1.0Purpose

1.1The purpose of this regulation is to outline procedures, criteria and responsibilities related to the local 
school district and charter school Citizen Budget Oversight Committees required pursuant to 14 Del.C.
§1508. The Citizen Budget Oversight Committee is solely established to oversee the financial position 
of the local school district or charter school it is assigned to oversee. The local school board or charter 
school board shall retain all policy and decision-making authorities granted pursuant to Delaware 
Code.







2.0Definitions

"Certificate of Completion" means the document provided by the Department of Education indicating the 
individual has attended and completed the Citizen Budget Oversight Committee training.

"Charter School" shall mean a school pursuant to 14 Del.C., Ch. 5. 

"Local School District" shall mean a reorganized school district or vocational technical school district 
established pursuant to 14 Del.C., Ch. 10.

"Trainer" means an individual approved by the Secretary of Education to provide the Citizen Budget 
Oversight Committee training.

3.0Committee Members for Local School Districts

3.1Each Local School District shall be required to establish a Citizen Budget Oversight Committee 
(Committee) no later than June 1, 2010. The Committee shall have access either electronically or in 
hard copy format to financial documents and financial information the Local School District has in its 
possession and that are relevant to the financial position of the district, with redactions permitted only 
to protect confidential personal information regarding students or employees. 

3.2The Committee shall have at least five (5) members with representation from parents, educators and 
taxpayers residing in the district. In addition, where possible, the Committee shall have at least two 
members with formal educational or vocational backgrounds amenable to oversight of school district 
financial statements. Further provided, Committee members shall not be compensated, except for 
allowable mileage for training or similar activities, for participation on such Committee.

3.3Each Local School district may establish its own policy for its Citizen Oversight Budget Committee. 
The Local School District, if it chooses to establish its own policy, shall submit the policy to the 
Department within ninety (90) calendar days of the effective day of this regulation. The Associate 
Secretary for Finance and Services shall review the proposed policy and make a decision within fifteen 
(15) work days to approve or request revisions. The decision to approve or request revisions shall be 
based on whether the policy meets the provisions in 3.4

3.3.1If the Department does not approve the submitted policy, the Department shall provide comment 
for areas requiring revisions within fifteen (15) work days of receipt of the proposed policy. The 
Local School District may submit a revised policy. If the revised policy is not subsequently 
approved, the Local School District shall follow the Department’s Citizen Budget Oversight 
Committee policy for Local School Districts pursuant to 3.4. In addition, a Local School District 
may not resubmit a policy for approval more than one time during a fiscal year.

3.4The Department’s Citizen Budget Oversight Committee membership provisions shall be as follows:

3.4.1Use the application form as developed and approved by the Department that delineates standard 
application language and additional information that includes, but is not limited to, the following:

3.4.1.1Membership pursuant to 3.2;

3.4.1.2Conflict of interest, and disqualification from membership upon identification thereof, criteria;

3.4.1.3Selection, or removal, of the Chairperson to be determined by a majority of the membership of 
the committee;

3.4.1.4Term length of two (2) years with option to extend to no more than three (3) additional terms 
based on the majority vote of the existing members of the Committee; however, a member 
may terminate his or her position upon written notice to the Chairperson; and

3.4.1.5Experience and statement for reason for participation on the Committee.

3.4.2Post the request for Committee members for at least fifteen (15) work days on its website and all 
school building main entrance doors;

3.4.3Identify and post on its website the Selection Committee that consists of one educator from the 
district, one local school board member, one member of the local teacher’s union, and at least two 
parents or community members who are not district employees or local school board members; 
and

3.4.4Use the selection rubric developed and approved by the Department of Education.







3.5Notwithstanding the above, a Local School District with an established citizen budget oversight 
committee or similar type of citizen committee established for financial oversight may submit a request 
to the Associate Secretary of Finance and Services for this established committee to be considered 
the Citizen Budget Oversight Committee pursuant to this regulation as long as the membership meets 
3.2 of this regulation. The request shall be made in writing and the Associate Secretary of Finance and 
Services shall respond within fifteen (15) work days whether to approve such established committee to 
meet the requirements of this regulation. Upon the effective date of this regulation, any new members 
or membership solicitation shall be subject to the provisions herein.

4.0Committee Members for Charter Schools

4.1Each Charter School shall be required to establish its Citizen Budget Oversight Committee 
(Committee) no later than June 1, 2010. The Committee shall have access either electronically or in 
hard copy format to financial documents and financial information the Charter School has in its 
possession and that are relevant to the financial position of the district, with redactions permitted only 
to protect confidential personal information regarding students or employees.

4.2The Committee shall have at least five (5) members with representation from educators and parents of 
students in the school and representation from the Department of Education. In addition, where 
possible, the Committee shall have at least two members with formal educational or vocational 
backgrounds amenable to oversight of school district financial statements. Further provided, 
Committee members shall not be compensated, except for allowable mileage for training or similar 
activities, for participation on such Committee.

4.3Each Charter School may establish its own policy for its Citizen Oversight Budget Committee. The 
Charter School, if it chooses to establish its own policy, shall submit the policy to the Department within 
ninety (90) calendar days of the effective day of this regulation. The Associate Secretary for Finance 
and Services shall review the proposed policy and make a decision within fifteen (15) work days to 
approve or request revisions. The decision to approve or request revisions shall be based on whether 
the policy meets the provisions in 4.4.

4.3.1If the Department does not approve the submitted policy, the Department shall provide comment 
on areas requiring revisions within fifteen (15) work days of receipt of the proposed policy. The 
Charter School may submit a revised policy. If the revised policy is not subsequently approved, the 
Charter School shall follow the Department’s Citizen Budget Oversight Committee policy for 
Charter Schools pursuant to 4.4. In addition, a Charter School may not resubmit a policy for 
approval more than one time during a fiscal year.

4.4The Department’s Citizen Budget Oversight Committee membership provisions shall be as follows:

4.4.1Use the application form as developed and approved by the Department that delineates standard 
application language and additional information that includes, but is not limited to, the following:

4.4.1.1Membership pursuant to 4.2;

4.4.1.2Conflict of interest, and disqualification from membership upon identification thereof, criteria;

4.4.1.3Selection, or removal, of the Chairperson to be determined by a majority of the membership of 
the committee;

4.4.1.4Term length of two (2) years with option to extend to no more than three (3) additional terms 
based on the majority vote of the existing members of the Committee; however, a member 
may terminate his or her position upon written notice to the Chairperson; and

4.4.1.5Experience and statement for reason for participation on the Committee.

4.4.2Post the request for Committee members for at least fifteen (15) work days on its website and all 
school building main entrance doors;

4.4.3Identify and post on its website a Selection Committee that consists of one educator from the 
school, one Charter School board member, one teacher, and at least two parents or community 
members who are not Charter School employees or Charter School Board members; and 

4.4.4Use the selection rubric developed and approved by the Department of Education.







4.5Notwithstanding the above, a Charter School with an established citizen budget oversight committee 
or similar type of citizen committee established for financial oversight may submit a request to the 
Associate Secretary of Finance and Services for this established committee to be considered the 
Citizen Budget Oversight Committee pursuant to this regulation as long as the membership meets 4.2 
of this regulation. The request shall be made in writing and the Associate Secretary of Finance and 
Services shall respond within fifteen (15) work days whether to approve such established committee to 
meet the requirements of this regulation. Upon the effective date, any new members or membership 
shall be subject to the provisions herein.

5.0Citizen Budget Oversight Committee Training

5.1The Citizen Budget Oversight Committee Training (Training) means the educational programs 
developed by the Department of Education for the local school district and charter school Citizen 
Budget Oversight Committee members. This Training shall, at a minimum, consist of two (2) hours and 
cover the following topics:

5.1.1Overview of education budget process and timeliness

5.1.2Instruction in the basic rules of budgeting, including State of Delaware funds, local funds, and 
federal funds;

5.1.3State Financial Management System; and

5.1.4Reporting requirements.

6.0District School Board and Charter School Board Financial Responsibility Training Requirement

6.1Each member of a Citizen Budget Oversight Committee shall attend and receive a Certificate of 
Completion for the Citizen Budget Oversight Committee training within three ((3) months of 
subsequent appointment to a Citizen Budget Oversight Committee. Provided further, additional 
training may be required from time to time as determined by the Department.

7.0Schedule of School Board Financial Training

7.1The Department shall annually publish a list of date(s) for Training. The Training shall be conducted by 
a Trainer as defined in this regulation.

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 805









805 The School Health Tuberculosis (TB) Control Program
1.0Definitions

“New School Enterer” means any child between the ages of one year and twenty one (21) years 
entering or being admitted to a Delaware public school for the first time, including but not limited to, 
foreign exchange students, immigrants, students from other states and territories, and children 
entering from nonpublic schools. For purposes of this regulation, “new school enterer” shall also 
include any child who is re-enrolled in a Delaware public school following travel or residency of one 
month in a location or facility identified by the Delaware Division of Public Health as an area at risk for 
TB tuberculosis exposure.

"School Staff and Extended Services Personnel" means all persons hired as full or part time 
employees in a public school who are receiving compensation to work directly with students and staff. 
This includes, but is not limited to teachers, administrators, substitutes, contract employees, bus 
drivers and student teachers whether compensated or not.

"Tuberculosis Risk Assessment" means a formal assessment by a healthcare professional to 
determine possible tuberculosis exposure through the use of a health history or questionnaire. 

"Tuberculosis Test" means a Mantoux skin test, Quantiferon Gold blood test, or other test approved 
by the Delaware Division of Public Health.







“Verification” means a documented evaluation of the individual’s disease status.

“Volunteers” mean those persons who give their time to help others for no monetary reward and who 
share the same air space with public school students and staff on a regularly scheduled basis.

2.0School Staff and Extended Services Personnel

2.1School sStaff and eExtended sServices personnel shall provide the Mantoux tuberculin skin test 
Tuberculosis Test results from a test administered within the past 12 months during the first 15 working 
days of employment.

2.1.1Tuberculin skin test Tuberculosis Test requirements may be waived for public school staff and 
extended services personnel who present a notarized statement that tuberculin skin testing 
tuberculosis testing is against their religious beliefs. In such cases, the individual shall complete 
the Delaware Department of Education TB Health Questionnaire for School Employees or provide, 
within two (2) weeks, verification from a licensed health care provider or the Division of Public 
Health that the individual does not pose a threat of transmitting tuberculosis to students or other 
staff.

2.1.1.1If a school staff member or extended services person, who has received submitted a 
waiver because of religious beliefs, answers affirmatively to any of the questions in the 
Delaware Department of Education TB Health Questionnaire for School Employees he/
she shall provide, within two (2) weeks, verification from a licensed health care provider or 
the Division of Public Health that the individual does not pose a threat of transmitting 
tuberculosis to students or other staff.

2.1.2Student teachers School Staff and Extended Services Personnel need not be retested if they 
move from district to district, as part of their student teaching assignments district to charter 
school, or charter school to charter school within a five year period; however, a copy of the result 
of the latest Tuberculosis Test shall be provided to the new district or charter school within sixty 
(60) days.

2.2Every fifth year, by October 15th, all public school staff and extended services personnel shall 
complete the Delaware Department of Education TB Health Questionnaire for School Employees or, 
within two (2) weeks, provide Mantoux tuberculin skin test Tuberculosis Test results administered 
within the last twelve (12) months.

2.2.1If a school staff member or extended services staff member answers affirmatively to any of the 
questions in the Delaware Department of Education TB Health Questionnaire for School 
Employees he/she shall provide, within two (2) weeks, verification from a licensed health care 
provider or the Division of Public Health that the individual does not pose a threat of transmitting 
tuberculosis to students or other staff.

2.3All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in 
the same manner as other confidential personnel medical information.

3.0Volunteers

3.1Volunteers shall complete the Delaware Department of Education’s TB Health Questionnaire for 
Volunteers in Public Schools prior to their assignment and every fifth year thereafter.

3.1.1If the volunteer answers affirmatively to any of the questions, he/she shall provide, within two (2) 
weeks, verification from a licensed health care provider or the Division of Public Health that the 
individual does not pose a threat of transmitting tuberculosis to the students or staff.

3.2Each public school nurse shall collect and monitor all documentation related to the volunteer’s School 
Health Tuberculosis (TB) Control Program and store them in the school nurse’s office in a confidential 
manner.

4.0New School Enterers

4.1New school enterers shall show proof of tuberculin provide tuberculosis screening results as described 
in 4.1.1 and 4.1.2 including from either results from the Mantoux Tuberculin test or the results of a 







tuberculosis risk assessment a Tuberculosis Test or the results of a Tuberculosis Risk Assessment 
administered within the past 12 months prior to school entry. Multipuncture skin tests will not be 
accepted.

4.1.1If the new school enterer is in compliance with the other school entry health requirements, a 
school nurse who is trained in the use of the Delaware Department of Education TB Risk 
Assessment Questionnaire for Students may administer the questionnaire to the student’s 
parent(s), guardian(s) or Relative Caregiver or to a new school enterer who has reached the 
statutory age of majority (18).

4.1.1.1If a student’s parent(s), guardian(s) or Relative Caregiver or a student 18 years or older 
answers affirmatively to any of the questions, he/she shall, within two (2) weeks, provide 
proof of Mantoux tuberculin skin test tuberculosis testing results or provide verification 
from a licensed health care provider or the Division of Public Health that the student does 
not pose a threat of transmitting tuberculosis to staff or other students.

4.2School nurses shall record and maintain documentation relative to the School Health Tuberculosis 
(TB) Control Program.

5.0Tuberculosis Status Verification and Follow up

5.1Tuberculosis Status shall be determined through the use of a tuberculosis risk assessment, tuberculin 
skin test and other testing, which may include xray Tuberculosis Risk Assessment, Tuberculosis Test 
or other testing, which may include x-ray or sputum culture. Individuals who either refuse the tuberculin 
skin test Tuberculosis Test or have positive reactions to the same, or give positive responses to a 
tuberculosis risk assessment shall provide verification from a licensed health care provider or the 
Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to staff 
or other students.

5.1.1Verification shall include Mantoux results recorded in millimeters (if test were was administered), 
or other Tuberculosis Test results, current disease status (i.e. contagious or noncontagious), 
current treatment (or completion of preventative treatment for TB tuberculosis) and date when the 
individual may return to his/her school assignment without posing a risk to the school setting.

5.1.2Verification from a health care provider or Division of Public Health shall be required only once if 
treatment was completed successfully.

5.1.3Updated information regarding disease status and treatment shall be provided to the public school 
by October 15 every fifth year if treatment was previously contraindicated, incomplete or unknown.

5.1.4Persons with a positive Tuberculosis Test, without active disease, who do not receive prophylactic 
treatment shall be excluded from school in the event of showing any signs or symptoms of active, 
infectious disease as described by the Division of Public Health.

5.2In the event an individual shows any signs or symptoms of active TB tuberculosis infection, he/she 
must shall be excluded from school until all required medical verification is received by the school. 
During the specified verification and follow-up an asymptomic individual, as described by the Division 
of Public Health, may remain in school until testing and evaluations are completed, but no longer than 
six (6) weeks.

1 DE Reg. 1971 (6/1/98)

3 DE Reg. 440 (9/1/99)

8 DE Reg. 1134 (2/1/05)







DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)



DSSM: 3033 Interim Assistance Reimbursement







3033 Interim Assistance Reimbursement
3033.1Requirements for Receipt of Cash Assistance by SSI Applicants

This policy applies to non-federally funded cash assistance recipients who have applied or intend to 
apply for SSI benefits.

1.Cash assistance applicants and recipients who are also SSI applicants are required to assign a portion 
of the SSI benefits they receive to the Division of Social Services to reimburse DSS for cash 
assistance received by the SSI applicant.

Delaware has an Interim Assistance Reimbursement (IAR) agreement with the Social Security 
Administration (SSA). This agreement allows Delaware's Division of Social Services (DSS) to receive 
reimbursement for the cash assistance provided to SSI applicants while their SSI eligibility decision 
was pending. The money reimbursed to the State is taken from the SSI applicant's initial and 
retroactive SSI benefits.

2.To be eligible for cash assistance, SSI applicants must authorize reimbursement through the IAR 
agreement for cash assistance received while SSI eligibility determination is pending.

3.A cash recipient is considered an SSI applicant if one or more of the following conditions exists:

A.The cash recipient has applied for SSI and is waiting for an eligibility decision.

B.The cash recipient has applied for reinstatement of SSI benefits and is waiting for a decision.

C.The cash recipient has received a request from DSS or another state agency to apply for SSI 
benefits.

D.The cash recipient has reported they intend to apply for SSI benefits or reinstatement of SSI 
benefits.

4.SSI applicants assign their SSI benefits to DSS by completing and signing a DSS approved IAR 
authorization form.

A cash recipient is required to complete an IAR authorization form when:

A.The client reports he or she intends to apply for SSI.

B.The client has made an application or reapplication for SSI benefits.

C.Documentation is provided from a health care provider that indicates the client is unable to work 
and the disability is expected to exceed 6 months in duration.

D.The client has applied or intends to apply to have SSI benefits reinstated after suspension or 
termination.

E.The IAR authorization form on file is more than 30 days old and the client has not applied for SSI.

F.The client is required to apply for SSI by DSS or another State agency.









DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)





DSSM: Child Care Subsidy Program 11006.5.1 Terminating Providers
This policy applies to all providers, including self-arranged clients.

DSS May Terminate Providers with Just Cause

1.The Division of Social Services may terminate any provider or self-arranged client from the Child Care 
Subsidy Program (Purchase of Care) if she or he:

A.Has a suspended, closed or terminated Office of Child Care Licensing (OCCL) license.

B.Is convicted of committing fraud against DHSS.

C.Charges fees not allowed by the Child Care Contract, Division policy, or a Division approved waiver; 
has failed to reimburse those fees and has repeated offenses in this area.

D.Charges Purchase of Care Plus fees when she or he is not a DSS authorized POC Plus provider.









E.Does not keep accurate records per the DSS Child Care Contact; has had repeated offenses, has 
been counseled and has failed to meet the requirements of a corrective action plan agreed upon with 
the Child Care Monitor.

F.Does not keep an open bank account to receive direct deposit payments from the Child Care Subsidy 
Program. Direct deposit is mandatory for all DSS child care subsidy providers effective May 1, 2008.

2.In addition to the items mentioned above, the Division of Social Services may terminate any relative care 
provider from the Child Care Subsidy Program (Purchase of Care) if she or he:

A.Does not complete the 45 hours of mandatory health and safety training hours within 18 months of 
becoming a relative or non-relative care provider as outlined in the initial orientation session.

B.Has an unsuitable criminal history or a member of the provider's household has an unsuitable criminal 
history. DSS uses Office of Child Care Licensing (OCCL) guidelines and Title 11, Chapter 85 of the 
Delaware Code to determine unsuitable criminal history.





DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(b)(e)(2)b (7 Del.C., §903(b)(e)(2)b)









3518 Black Drum Size Limit; Possession Limit; Landing Limit; Dealer Limit
1.0Definition

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

"Delaware Estuary" means all those tidal waters located within an area to the north of a straight line 
drawn between Cape May Point, New Jersey and Cape Henlopen, Delaware, but not including the 
tributaries of the Delaware River and Delaware Bay.

2.0Size limit

It shall be unlawful for a person to possess a black drum (Pogonias cromis) taken from the Delaware 
Estuary that measures less than (sixteen (16) inches (Option A) thirty-two (32) inches (Option B), 
total length.

3.0Possession Limits

3.1It shall be unlawful for a recreational fisherman to take and reduce to possession more than three (3) 
(Option A) two (2) (Option B) black drum per day (a day being 24 hours) from the Delaware Estuary.

3.2It shall be unlawful for a commercial fisherman or a vessel, regardless of the number of licensed 
commercial fishermen onboard that vessel, to possess or land more than 10,000 pounds (Option A)
5,000 pounds (Option B) of black drum taken from the Delaware Estuary in any one (1) day.

4.0Landing Limit

It shall be unlawful for a commercial fisherman to sell, trade or barter or attempt to sell, trade or barter 
black drum or parts of black drum that are landed from the Delaware Estuary in this State after a date 
when the Department has determined or projected that 65,000 pounds (Option A) 50,000 pounds 
(Option B) of black drum have been or will be landed in this State from the Delaware Estuary by the 
commercial fishery in a calendar year.

5.0Dealer limit

It shall be unlawful for a food fish dealer to accept from a commercial fisherman or a vessel more than 
10,000 pounds (Option A) 5,000 pounds (Option B) of black drum harvested from the Delaware 
Estuary in any one (1) day.









DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(b)(e)(2)b (7 Del.C., §903(b)(e)(2)b)

7 DE Admin. Code 3521





3521 Weakfish Size Limits; Possession Limits; Seasons.
(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any person to possess weakfish, Cynoscion regalis, taken with a hook and line, 
that measure less than thirteen (13) inches, total length.

2.0It shall be unlawful for any person to whom the Department has issued a commercial food fishing 
license and a food fishing equipment permit for hook and line to have more than six (6) one (1)
weakfish in possession during the period beginning at 12:01 AM on May 1 and ending at midnight on 
October 31 except on four specific days of the week as indicated by the Department on said person’s 
food fishing equipment permit for hook and line.









3.0It shall be unlawful for any person, who has been issued a valid commercial food fishing license and a 
valid food fishing equipment permit for fishing equipment other than a hook and line to possess 
weakfish, lawfully taken by use of such permitted food fishing equipment, that measure less than 
twelve (12) inches, total length.

3.1It shall be unlawful for any person, who has been issued a valid commercial food fishing license 
and a valid food fishing equipment permit to possess more than one hundred pounds (100 lbs) of 
weakfish per vessel per day (a day being 24 hours) or trip, whichever is the longer period of time.

4.0It shall be unlawful for any person, except a person with a valid commercial food fishing license, to 
have in possession more than six (6) one (1) weakfish, not to include weakfish in one’s personal abode 
or temporary or transient place of lodging. A person may have weakfish in possession that measure no 
less than twelve (12) inches, total length, and in excess of six (6) one (1) if said person has a valid bill-
of-sale or receipt for said weakfish that indicates the date said weakfish were received, the number of 
said weakfish received and the name, address and signature of the commercial food fisherman who 
legally caught said weakfish or a bill-of-sale or receipt from a person who is a licensed retailer and 
legally obtained said weakfish for resale. 

11 DE Reg. 514 (10/01/07)

5.0It shall be unlawful for any person to fish with any gill net in the Delaware Bay or Atlantic Ocean or to 
take and reduce to possession any weakfish from the Delaware Bay or the Atlantic Ocean with any 
fishing equipment other than a hook and line during the following periods of time:

Every weekend day (defined as 12:01 AM on Friday through midnight Sunday) in both May and June, 
plus contiguous weekdays (defined as 12:01 AM Monday through midnight Thursday) at the beginning 
of May and the end of June, such that the total number of closure days add up to thirty four (34) days. 
The exact dates of closures each year shall be mailed in advance to the affected public and published 
annually in the Delaware Fishing Guide.

6.0The Department shall indicate on a person’s food fishing equipment permit for hook and line four (4) 
specific days of the week during the period May 1 through October 31, selected by said person when 
applying for said permit, as to when said permit is valid to take in excess of six (6) one (1) weakfish but 
not more than 100 pounds per day. These four days of the week shall not be changed at any time 
during the remainder of the calendar year.

11 DE Reg. 514 (10/01/07)

7.0It shall be unlawful for any person with a food fishing equipment permit for hook and line to possess 
more than eight (8) one (1) weakfish while on the same vessel with another person who also has a 
food fishing equipment permit for hook and line unless each person’s food fishing equipment permit for 
hook and line specifies the same day of the week in question for taking in excess of six (6) one (1)
weakfish.

1 DE Reg 1770 (5/1/98)

2 DE Reg 1904 (4/1/99)

3 DE Reg 1088 (2/1/00)

4 DE Reg 1552 (3/1/01)

5 DE Reg. 2142 (5/1/02)

6 DE Reg. 1512 (5/1/03)

11 DE Reg. 514 (10/01/07)









DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
100 BOARD OF ACCOUNTANCY

Statutory Authority: 24 Delaware Code, Section 105(a)(1) (24 Del.C. §105(a)(1))

24 DE Admin. Code 100



DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 28 Delaware Code, Section 1122 (28 Del.C. §1122)

10 DE Admin. Code 101, 102 and 103









101 Regulations Governing Bingo
1.0Definitions

“Bingo” A game of chance played for prizes with cards bearing numbers or other designations, five or 
more in one line, the holder covering numbers as objects similarly numbered are drawn from a 
receptacle and the game being won by the person who first covers a previously designated 
arrangement of numbers on such a-card.









“Bingo Statute” The statutory law concerning bingo, as contained in 28 Del.C. §1101 et. seq.

“Board” The Delaware Gaming Control Board.

“Color Coded” A different color for each of the five letters of the word "BINGO."

“Cookie Jar Bingo” A game of chance in which players pay a set fee into a cookie jar or other 
container and receive a number which entitles the player to a chance to win the total funds in the 
cookie jar or container. At the start of the event, a bingo number shall be drawn which shall serve as 
the “cookie jar number.” That number shall be posted for all players to see. During the games played 
on that occasion, if a player achieves bingo when the cookie jar number is drawn, the player shall win 
the funds in the cookie jar or container. If no one achieves bingo when the cookie jar number is drawn, 
the funds in the jar shall not be awarded. An organization may not otherwise offer a cookie jar game 
and may not designate the last game of the night or any other particular game as a cookie jar game at 
which the funds will be awarded without a person achieving bingo when the cookie jar number is 
drawn.

Any amounts in any cookie jar bingo games shall not be included in any prize money limitations 
contained in these rules. An organization may not have more than two cookie jar bingo pots at any one 
time. The first jar must be awarded before a third jar can be started. If two cookie jar pots each contain 
the maximum amount of money allowed by law, the first jar must be awarded at the same event at 
which the second jar reaches the allowable maximum. If the first jar has not been awarded by the final 
game of the night, a special final bingo game of “full card” or “black out” bingo using a separate, single 
card, shall be played and the jar will be won by the first person who covers all spaces on their entire 
card.

If at the beginning of an event when players pay their fee, one jar contains the maximum (up to $1,000) 
and the second jar would go over the maximum if the fees are added, the fees shall be held and not 
placed in the second jar at that time. When the first jar is then won, the second jar shall be filled to a 
total of the maximum and the remaining fee moneys shall be placed in a new jar.

“Districts” Those districts mentioned in Article II, 917A of the Delaware Constitution.

“Equipment” The receptacle and color coded numbered objects to be drawn from it, the master board 
upon which such objects are placed as drawn, the cards or sheets bearing numbers or other 
designations to be covered and the objects used to cover them, the boards or signs, however 
operated, used to announce or display the numbers or designations as they are drawn, public address 
systems, tables, chairs, and other articles essential to the operation, conduct and playing of bingo.

“Game” The game of bingo.

“Instant Bingo” A game of chance played with sealed or covered cards which must be opened in 
some fashion by the holder such that the cards reveal instantly whether the holder has won a prize. 
This type of game includes but is not limited to games commonly known as “rip-offs” or “Nevada pull-
tabs.”

“Member in Charge” A bona fide, active member of the "Qualified Organization" in charge of, and 
primarily responsible for the conduct of the game on each occasion.

“Occasion” A single gathering or session at which a series of successive bingo games (regular, 
special, or otherwise) is played, not to exceed forty (40) in number.

“Proceeds” The gross income received from all activities engaged in or on occasion when bingo is 
played, less only, such actual expenses incurred as are authorized in the Bingo Statute and these 
Rules and Regulations.

“Qualified Organization” A volunteer fire company, veterans organization, religious or charitable 
organization, or fraternal society that is operated in a manner so as to come within the provisions of 
Section 170 of the U.S. Secretary of the Treasury.

“Week” means a seven day period beginning on Sunday and ending on Saturday.

2 DE Reg. 1224 (01/01/99)

12 DE Reg. 357 (09/01/08)

13 DE Reg. 412 (09/01/09)









4.0Conduct of Bingo

(Break in Continuity Within Section)

4.14No arrangement of numbers shall be required to be covered in order to win the game other than the 
following:

4.14.1one unspecified horizontal row;

4.14.2one unspecified vertical row;

4.14.3one unspecified full diagonal row;

4.14.4one unspecified row (horizontal, vertical, or diagonal);

4.14.5Two or more of the foregoing, forming a specified arrangement;

4.14.6The entire card;

4.14.7Four corners;

4.14.8Eight spaces surrounding the free space.

4.14.9Any other configuration or shape on the card established by an organization, provided the players 
are informed of the shape needed to win before play commences.

 2 DE Reg. 1224 (1/1/99)

1.0Definitions

“Board” The Delaware Gaming Control Board.

“Prize” Any item or items chosen by a Sponsoring Organization as the subject of a raffle, which the 
organization announces it will award to a person selected by chance from among those purchasing 
tickets to the raffle.

“Qualified Member” For the purposes of eligibility to participate in managing or otherwise assisting in 
the operation of raffle, a person is a bona fide member of the licensed organization only when he or 
she:

Has become a member prior to the commencement of the function and such membership was not 
dependent upon, or in any way related to the payment or consideration to participate in, any 
gambling activity; and

Has held full and regular membership status in the licensed organization for a period of not less 
than three (3) consecutive months prior to the subject function; and

Has paid any reasonable initiation or admission fees for membership, and/or any dues, consistent 
with the nature and purpose of the licensed organization and with the type of membership 
obtained and is not in arrears in payment of any such fees or dues; and

Has met all other conditions required by the licensed organization for membership and is in all 
respects a member in good standing at the time of the subject function; and 









Is a bona fide member of a bona fide charitable or bona fide nonprofit organization affiliated with or 
auxiliary to his or her sponsoring organization, or to which his or her own organization is auxiliary, 
when he or she meets all of the standards set out above respecting his or her own organization.

“Raffle” A form of lottery in which a number of persons buy one or more chances attempting to win the 
same prize. Any game such as so called "Nevada cards" or "pull cards" where the amount of the prize 
is determined by the contents of the ticket purchased are not raffles.

An organization may conduct a raffle which will not be completed in one night. An organization 
may sell a chance good for an extended period of time with a series of drawings, with a chance to 
win a prize multiple times during that period, provided all chances are sold at the same time. 
However, any such raffle must first be approved by the Board.

“Related Party” Includes:

An officer, director, or trustee (or an individual having powers or responsibilities similar to those of 
officers, directors, or trustees) of the organization.

A spouse other than a spouse who is legally separated from the individual under a decree of 
divorce or separate maintenance; a child including legally adopted children; grandchildren; 
parents; and grandparents of parties described in (a) above.

A corporation, trust, estate or partnership more than 35% of which is owned or held by any of the 
preceding.

“Sponsoring Organization” Any veterans, religious, or charitable organization, volunteer fire 
company or fraternal society as defined in Article II, §17A or §17B of the State Constitution.

2.0Disclosure

2.1In any raffle conducted pursuant to 28 Del.C. §1130, the sponsoring organization must disclose the 
following information on the raffle ticket itself:

2.1.1A full and fair description of the prize;

2.1.2The appraised value of the prize;

2.1.3If there is a minimum number of tickets to be sold, what the minimum is and the procedure to be 
employed to secure a refund in the event the minimum is not reached;

2.1.4The drawing date for the raffle;

2.1.5The exact nature of the charitable purpose for which the proceeds will be used.

3.0Obligations of the Sponsoring Organization

3.1If for any reason the raffle is not completed and a prize is not awarded on the scheduled drawing date, 
the sponsoring organization must take all steps necessary to notify ticket purchasers of that fact and 
return all money received from ticket purchasers within thirty days.

3.2No member or employee, or immediate family member of a member or employee, of a sponsoring 
organization who has been directly involved in the promotion or operation of a raffle shall be permitted 
to purchase tickets to the raffle or win the prize. Members, employees and their immediate family 
members may purchase raffle tickets, but may not sell raffle tickets to members of their immediate 
family. The sale of tickets alone shall not constitute the promotion and operation of a raffle for purposes 
of this section. Nothing in this section prohibits the award of a prize to a person for selling a winning 
ticket. 

3.3The sponsoring organization shall take such steps as are necessary under the circumstances to insure 
that each ticket purchaser has a chance to be selected as the prize winner and that prize winner is 
selected in an entirely random manner.

3.4In cases where the sponsoring organization purchases the prize from a third party, the Board may 
require that the sponsoring organization arrange for an independent appraisal of the value of the prize 
from a person licensed to render such appraisals, or if there is no applicable licensing requirement, 
from a person qualified to render such appraisals.









3.5If the sponsoring organization purchases a prize from a related party, the price to be paid must be at 
cost or substantially less than the appraised value of the prize.

3.6No sponsoring organization or its employees, members, agents or servants, shall give away tickets to 
a raffle without receiving the full established price for them unless all members of the public have an 
equal chance to receive bonus chances or books of chances when buying a certain number of 
chances or books of chances.

3.7The sponsoring organization shall structure the raffle in such a way that it may reasonably he 
anticipated that the sponsoring organization will retain a percentage of the gross proceeds which is 
reasonable under the circumstances and shall retain all of the net proceeds (gross proceeds minus the 
direct expenses of the raffle) for the purpose specified in their application under 28 Del.C. §1130.

(Break in Continuity of Sections)

6.0Application

6.1All applications for a license to conduct a raffle shall be submitted on Form BCC-2 at least six (6) 
weeks prior to the date of the function a form approved by the Board. The information supplied must 
include the name, address, and phone number of the sponsoring organization, the prize to be 
awarded, the value of the prize, the maximum number of tickets to be sold, the cost of each raffle 
ticket, the date the prize will be awarded, the exact nature of the charitable purpose for which the 
proceeds will be used, and the name, address and phone number of the person in charge of the 
organization, and the person designated to be the record keeper for the raffle.

6.1.1An application must be submitted sufficiently in advance of the proposed date of the function as to 
allow the Board to consider the application at two consecutive board meetings before deciding to 
approve or deny the application.

6.2There shall be a license fee of $15 for each raffle application submitted to the Board for approval.

6.3The Board shall make an investigation of the qualifications of each applicant and the merits of each 
application. The Board shall consider the impact, if any, of the approval of a new raffle license 
application on existing licensees within the applicant's geographical location prior to granting the 
approval, and may deny the application if it concludes that approval of the application would be 
detrimental to existing licensees.

6.4The Board may issue a license only after it determines that:

6.4.1The applicant is duly qualified to conduct raffles under the State Constitution, statutes, and rules 
and regulations governing raffles; and

6.4.2The member or members of the applicant who intend to conduct the games are bona fide active 
members of the applicant and are persons of good moral character and have never been 
convicted of crimes involving moral turpitude; and

6.4.3The proceeds are to be disposed of as provided in the State Constitution and statutes; and

6.4.4No salary, compensation or reward whatever will be paid or given to any member under whom the 
game is conducted.

6.5No raffle license application shall be effective for a period of more than one year from the date it was 
issued.

6.6No raffle license shall be effective after the organization to which it was granted has become ineligible 
to conduct the game under any provision of Article II, §17A or §17B of the State Constitution.

2 DE Reg. 1224 (1/1/99)

12 DE Reg. 357 (09/01/08)









3.0Conduct of Games

3.1Workers.

3.1.5Officer Member Responsible for Gross Receipts. The Sponsoring Organization shall duly 
designate an officer of said organization to be in full charge and primarily responsible for the 
proper accounting, use and disposition of all Gross Receipts. Such officer's name shall appear on 
the list required under §3.03(1)(b) and such officer shall be a person other than the person 
designated member-in-charge pursuant to §3.03(l)(a). A member of the organization shall be 
responsible for gross receipts. Only a member of the organization may touch any money taken in 
by the organization, and any member of the organization may handle the money. No third party 
vendor may in any way come into contact with any money taken in by the organization.

3.1.6Payment of Workers Prohibited. No unreasonable commission, salary, compensation, reward, 
recompense, reimbursement of expenses or gift or other consideration shall be paid directly or 
indirectly, to any person for conducting or assisting in the conduct of any Function. No tip, gratuity 
or gift or other consideration shall be given or accepted by any person conducting or assisting in 
the conduct of a Function either directly or indirectly, and one or more signs prohibiting tipping 
shall be or more signs prohibiting tipping shall be prominently displayed in each playing area. No 
person shall solicit or receive any gift or donation or other consideration directly or indirectly on the 
premises during the conduct of a Function. Nothing in this subsection prohibits any person from 
sharing food and beverages made available at the functions, or the collection of bar tips for the 
benefit of the Sponsoring Organization.

13 DE Reg. 107 (07/01/09)

8.0Limitation of Functions

8.1No Sponsoring Organization shall conduct more than one Function in any single calendar month. 
Charitable games shall not commence prior to 1:30 p.m. The operation of a Function shall be limited to 
six (6) consecutive hours except as permitted by §3.08(2). Instant bingo is permitted during any event 
sponsored by the organization that is licensed to conduct it, regardless of the time or time.

8.2When a Function is conducted in conjunction with a bazaar, carnival, festival or similar affair scheduled 
for more than one day but less than ten consecutive days, the Function shall be considered one 
licensed event. The games may be operated during the hours when other activities of the bazaar, 
carnival, festival or similar affair are available to the public.

 2 DE Reg. 1224 (1/1/99)

(Break in Continuity of Sections)

11.0Application

11.1All applications for a license to conduct a Function shall be submitted on Form BCC-3 a form approved 
by the Board. The information supplied must include the name, address, and phone number of the 
Sponsoring organization, a list of the games to be conducted, the wagering limit on each game, the 
date and time that the function will be held, the premises where the Function will be held, the owner of 
the premises, the name, address, and phone number of the designated member in charge and the 









person responsible for the proper accounting and the exact nature of the charitable purpose for which 
the proceeds will be used.





DEPARTMENT OF TRANSPORTATION
DIVISION OF MOTOR VEHICLES
Statutory Authority: 21 Delaware Code, Section 302, (21 Del.C. §302)

2 DE Admin. Code 2201



2201 Procedure for Re-licensing Investigations
1.0Authority

The authority to promulgate this regulation is 21 Del.C. §302 and 29 Del.C. § 10115.

2.0Purpose

This policy regulation establishes administrative procedures regarding the character background 
review process for an individual whose license has been revoked for an alcohol-related violation 
pursuant to 21 Del.C. §2742, §2743, and §4177. Additionally, pursuant to 21 Del.C. §4177 A(d), the 
Secretary shall have power and authority to refuse to issue a driver's license to any individual whose 
driver's license or driving privilege was revoked until such person has satisfied the Secretary that he/
she has been of good behavior for the entire period of revocation and until he/she has complied with all 
applicable provisions of this section.

3.0Applicability

This policy regulation interprets the following sections found in 21 Del.C. §2742, §2743, and §4177.

4.0Substance Of Policy

4.1Driver Improvement staff members designated to interview, receive reference information and make a 
determination regarding issuance of driving authority include: Any Driver Improvement staff member 
acceptable to the Secretary of Transportation or his designee may conduct a character background 
review in accordance with this regulation.









4.1.1Driver Improvement Manager

4.1.2Driver Improvement Assistant Manager - Hearing Officer

4.1.3Driver Improvement Hearing Officer

4.1.4Driver Improvement Officer

4.1.5Motor Vehicle Support Supervisor - Revocations

4.1.6Motor Vehicle Support Supervisor - Suspensions

4.2The following individuals are required to have a favorable Ccharacter Bbackground Rreview 
conducted prior to becoming eligible to reinstate his driving privileges:

4.2.1Any person whose blood alcohol content (BAC) at the time of arrest was .165 or above.

4.2.2Any person revoked for a second alcohol-related violation pursuant to 21 Del.C. §2742, §4177, or 
§4177B occurring within five (5) years from the first violation and/or third or further subsequent 
alcohol-related violation occurring at any time following the second violation.

4.2.3Any person revoked for a felony alcohol-related violation pursuant to 21 Del.C. §2742 or §4177.

4.3To begin the review process the applicant must request an application from the Division of Motor 
Vehicles, Revocation Section, Administration Office, Dover. The application may be mailed to the 
applicant when he/she is within 60 days of the eligibility date for any type of driving authority and the 
applicant must have satisfactorily completed the alcohol program as required pursuant to 21 Del.C. 
§4177D.

4.4The applicant must contact the assigned Driver Improvement staff member at the phone number listed 
on the application to make an appointment for an interview.

4.5The applicant will be assigned to a Driver Improvement staff member at a Motor Vehicle Facility within 
the county of the applicant's residence.

4.6The applicant must provide on the application, the name, address, and phone number of six 
individuals who will serve as a reference for the applicant. These persons must be individuals who 
have frequent contact with the applicant and who see the applicant on a regular basis. One reference 
may be a relative of the applicant. Other references may include but are not limited to: neighbors, 
friends, co-workers, religious leader. Employees of the Department of Transportation may not be listed 
or accepted as a reference.

4.7The Driver Improvement staff member shall mail a reference questionnaire to all six references listed 
on the application. The reference shall be given two (2) weeks to return the reference questionnaire to 
the Driver Improvement staff member. All reference questioners must be signed by the reference and 
notarized. Questionnaire that are not signed and/or not notarized will not be accepted.

4.93The Driver Improvement staff member shall review Delaware Justice Information System/Criminal 
Justice Information System (DELJIS/CJIS) and driving record regarding violations of the applicant. 
Violations received after the violation for which the character background review is being conducted 
that result in a conviction and/or violations currently pending should be addressed with the applicant 
and may be taken into consideration when making the decision regarding issuance of any driving 
authority.

4.104The Driver Improvement staff member shall obtain a Problem Driver Pointer System (PDPS) printoutprior to the applicant interview reinstating an applicant's driving privileges. A second PDPS print shall 
be made prior to the final decision regarding issuance of driving authority. The PDPS information, i.e.: 
"eligible" or "not" eligible shall be included on the decision form. An applicant must have a PDPS status 
of "eligible", thus indicating that his driving privileges are not withdrawn in any other state, prior to 
becoming eligible for valid driving privileges.

4.115It is the responsibility of the Driver Improvement staff member to determine whether or not driving 
authority should be reinstated and how such authority should be limited based on statute 
requirements. (IE: full driving authority, conditional license or IID license.)

4.86The Driver Improvement staff member may contact any other sources which could supply information 
relative to the applicant's case. These additional sources may include, but not be limited to: probation 
officer, alcohol program instruction, alcohol program counselor, court staff, police agency in or around 









the applicant's place of residence, or any citizen that may be aware of the applicant's current drinking 
behavior.

4.127If the Background Review reveals that the applicant may constitute a risk to the driving public relative 
to alcohol and/or drug abuse and/or that the applicant has not been of "Good Behavior", his/her driving 
privilege will not be reinstated. Such driving authority will remain withdrawn until it has been 
determined by this Ddivision that all applicable requirements have been met and that the applicant no 
longer represents a risk to the driving public.

4.13The Driver Improvement staff member in the best interest of the applicant may recommend a follow-up 
evaluation to determine if further treatment may be needed. A copy of the "Alcohol & Drug Prevention 
and Treatment Information" sheet will be mailed to the applicant along with the letter regarding the 
Driver Improvement staff member's decision regarding driving authority.

4.147.1For purposes of this Policy Rregulation "Good Behavior" shall be defined by the Department 
as:

4.14.1No excessive and/or abnormal abuse of alcohol and/or other drugs during the period of 
revocation.

4.14.27.1.1No additional drinking and/or drug-related incidents caused by the applicant during the 
period of revocation (included but not limited to arrests).

4.14.37.1.2No traffic (moving) or license violations during the period of revocation.

4.14.4Favorable references from no less than three (3) individual references.

4.158The applicant shall be denied driving authority until the applicant has satisfactorily completed all 
necessary requirements as defined by Delaware statute and this regulation. 

4.8.1The Driver Improvement staff member having information regarding an applicant's behavior 
regarding those items listed above in 4.7.1 may deny driving authority for one (1) month for the first 
action, three (3) months for two actions, and six (6) months for three or more actions.

4.168.2Once additional time has been served, a prior violation will not be considered. However, if new 
violations are received during the denial period, the Driver Improvement staff member shall take 
the new violations into consideration as specified in 4.14 4.7.1 above.

4.17The Driver Improvement staff member will mail the decision letter to the applicant regarding the 
issuance of driving authority based on the character background review no more than 30 days from the 
date of the initial interview.

4.189Following the Character Background Review the Driver Improvement staff member will file a report of 
his/her decision regarding issuance of driving authority. along with a copy of the decision letter 

4.1910Upon receipt of the character background decision, aAn entry will be made to the driving record 
regarding the outcome of the Character Background Review.

4.2011All documents will be imaged upon receipt in the Revocation Driver Improvement Section.

4.21If the applicant is not able to provide sufficient references, in lieu of the reference statements the 
applicant may have an alcohol evaluation by a licensed and approved alcohol treatment referral listing. 
The applicant would be required to abide by the evaluation and complete any additional recommended 
treatment. If no treatment is recommended, the applicant would be approved for the type of driving 
authority currently eligible.

4.2212Any person whose blood alcohol concentration (BAC) at the time of arrest was below .165 and/or 
whose arrest was his/her first alcohol-related violation shall be processed pursuant to the following:

4.2212.1A review of the driving record and PDPS will be conducted to determine eligibility for driving 
authority.

4.2212.2A review of the alcohol program completion will be conducted to verify acceptable completion of 
the program.

4.22.3No personal interview or contact of references will be required.

4.2313If the applicant is refused issuance of a driver's license after the period of revocation has ended the 
alcohol program has been satisfactorily completed and after all fines and/or fees are paid, the 
applicant may appeal to the Superior Court of Common Pleas in the county of his/her residence.









5.0Severability

If any part of this rule is held to be unconstitutional or otherwise contrary to law by a court of competent 
jurisdiction, said portion shall be severed and the remaining portions of this rule shall remain in full 
force and effect under Delaware law.

6.0Effective Date

The following regulation shall be effective 10 days from the date the order is signed and it is published 
in its final form in the Register of Regulations in accordance with 29 Del.C. §10118(e).

DIVISION OF MOTOR VEHICLES
Statutory Authority: 21 Delaware Code, Sections 302, 2711 and 3102(21 Del.C. §§302, 2711 
and 3102)

2 DE Admin. Code 2217





2217 Interim Identification Procedure for the Division of Motor Vehicles
Whereas, the American Association of Motor Vehicle Administrators (hereinafter referred to as "AAMVA") 
published a Model Uniform Identification Practices Program, and

Whereas, most jurisdictions either have adopted the AAMVA Model Uniform Identification Practices Program 
or will adopt it in the coming year, and

Whereas, the states of Florida and Washington no longer accept Delaware's driver's license or identification 
cards as primary proof of identification because they deviate from the standards set forth in the 
AAMVA Model Uniform Identification Practices Program, and

Whereas, some driver's license and identification card applicants are prohibited from obtaining a social security 
card due to their immigration status and this precludes the Division of Motor Vehicles from using the 
social security database to verify a person's identity, and

Whereas, the Division of Motor Vehicles driver's license offices are experiencing numerous fraudulent 
documents provided as proof of Delaware address and proof of social security number, and

Whereas, pending legislation, Senate Bill 287, will require all driver's license and identification card applicants 
to be legally residing in the United States, and

Whereas, the Department of Public Safety believes an interim identification procedure is needed until such 
time as the Delaware General Assembly has considered Senate Bill 287,

Therefore, effective March 4, 2002, the Department of Public Safety hereby adopts the attached interim 
identification procedure, similar to the AAMVA Model Uniform Identification Practices Program, for 
individuals applying for a driver's license or identification card until such time as the Delaware General 
Assembly has considered Senate Bill 287. The interim procedure will be conformed to the procedure 
dictated by statue following consideration of Senate Bill 287.

1.0Acceptable Identification Document List









Any person applying for a new driver's license (DL) or identification (ID) card is required to submit one primary 
document and one secondary document from the following list. A primary document must contain the 
full name and date of birth and must be verifiable, i.e., we must be able to contact the issuing agency 
to determine the authenticity of the document. Each applicant must provide the applicant’s social 
security number, if eligible, and two proofs of the applicant's Delaware residency. All documents will be 
electronically verified and electronically stored.

2.0 Primary Documents

2.1Photo driver's license.

2.2State/province/territory issued photo ID card.

2.3Certified microfilm/copy of driver's license or ID card.

2.4Certificate of birth (U.S. issued). Must be original or certified copy, have a raised seal and be issued by 
the Bureau of Vital Statistics or State Board of Health.

2.5INS documents, as follows:

2.5.1 Certificate of Naturalization (N 550, N 570, or N 578)

2.5.2 Certificate of Citizenship (N 560, N 561, or N 645)

2.5.3 Northern Marina Card (I 551)

2.5.4 American Indian Card (I 551)

2.5.5U. S. Citizen Identification Card (I 179 or I 197)

2.5.6 Resident Alien Card (1 151,1551, AR 3, or AR 103)

2.5.7 Temporary Resident Identification Card (K 688)

2.5.8 Non resident Alien Canadian Border Crossing Card (I 185 or I 586)

2.5.9 Record of Arrival and Departure (in a valid Foreign Passport) (I -94 or I - 94W visa waiver 
program)

2.5.10 Record of Arrival and Departure w/attached photo stamped "Temporary Proof of Lawful 
Permanent Resident" (I 94)

2.5.11 Processed for I 551 stamp (in a valid Foreign Passport)

2.5.12 Permanent Resident Re-entry Permit (I 327)

2.5.13 Refugee Travel Document (I 571)

2.5.14 Employment Authorization Card (I 688A, I688B, I 766)

2.5.15 Canadian Immigration Record and Visa or Record of Landing (MIM 1000)

2.5.16 Court order. Must contain full name, date of birth and court seal. Examples include: adoption 
document, name change document, gender document, etc. Does not include abstract of criminal 
or civil conviction.

2.5.17 United States Military ID.

2.5.18Valid passport, U.S. If foreign, appropriate INS document also is required.

3.0 Secondary Documents

3.1All Primary Documents may be used as a secondary document. 

3.2Driver's license/ID card, expired more than one year.

3.3Court order that does not contain the applicant's date of birth. 

3.4Employer ID card. 

3.5Health insurance card, i.e., Blue Cross/Blue Shield, Kaiser, HMO.

3.6 IRS/State tax forms. W 2 NOT acceptable.

3.7Marriage certificate/license.

3.8Medical records from doctor/hospital.

3.9Military dependent ID.

3.10 Military discharge/separation papers. 









3.11Gun permit.

3.12Pilot's license.

3.13School record/transcript. Must be certified. 

3.14Social security card. Metal card is NOT acceptable.

3.15Social insurance card (for Canadian residents only). 

3.16Student ID Card. Must contain photo.

3.17Vehicle title. Vehicle registration NOT acceptable

3.18Welfare card.

4.0Plus

4.1Social Security Card, if eligible.

4.2Two Proofs of Delaware residency.



2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware 
Non-Compliant Identification Documents
1.0Authority.

The authority to promulgate this regulation is 21 Del.C. Sections 302, 2711 and 3102 and the 
Department of Homeland Security's final regulation published in 6 CFR Part 37 or its equivalent, as 
amended from time to time.

2.0Purpose.

This administrative rule sets forth regulations and procedures used when issuing Delaware compliant 
and non-compliant driver licenses and identification cards based on the referenced statutes listed in 
Section 1 of this administrative rule. The applicant has the option to obtain a Delaware compliant 
document or Delaware non-compliant document provided the applicant meets the minimum 
qualifications and standards presented in this administrative code.

3.0Definitions.

"Birth Certificate" means the record related to a birth that is permanently stored, either electronically 
or physically, at the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.

"Certified Copy of a Birth Certificate" means a copy of the whole or part of a birth certificate 
registered with the state that the state considers being the same as the original birth certificate on file 
with the State Office of Vital Statistics or equivalent agency in a registrant's state of birth.

"Compliant Driver License" means a driver license that has been issued by Delaware or any other 
state and has been verified by the Department of Homeland Security to be compliant with 6 CFR 37 or 
its equivalent as amended from time to time. These compliant documents will be accepted by federal 
agencies for official purposes and shall bear a DHS-approved security marker that reflects the card's 
level of compliance.

"Compliant Identification Card" means an identification card that has been issued by Delaware or 
any other state and has been verified by the Department of Homeland Security to be compliant with 6 
CFR 37 or its equivalent as amended from time to time. These compliant documents will be accepted 
by federal agencies for official purposes and shall bear a DHS-approved security marker that reflects 
the card's level of compliance.

"DHS" means the United States Department of Homeland Security.









"Domestic Violence and Dating Violence" have the meanings given the terms in Section 3, 
Universal Definitions and Grant Provisions, of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Pub. L. 109-119 Stat. 2960, 2964, Jan. 5, 2006); codified in Section 
40002, Definitions and Grant Provisions, 42 U.S.C. 13925, or state laws addressing domestic and 
dating violence.

"Identification Documents" includes both state-issued driver licenses and identification cards.

"Non-Compliant Driver License" means a driver license that gives the license holder the appropriate 
driving authority but is not in full compliance with rules established by the Secretary of the Department 
of Homeland Security. The card must clearly state on the front and in the machine readable zone that 
the card is not acceptable for official purposes.

"Non-Compliant Identification Card" means an identification document issued by the division that is 
not in full compliance with rules established by the Secretary of the Department of Homeland Security. 
The card must clearly state on the front and in the machine readable zone that the card is not 
acceptable for official purposes.

"Full Legal Name" means an individual's first name(s), middle name(s), and last name(s) or surname 
without the use of initials or nicknames unless otherwise acceptable in Section 7 of this document.

"Lawful Status" means a person in lawful status is a citizen or national of the United States or an 
alien, lawfully admitted for permanent or temporary residence in the United States; has conditional 
permanent resident status in the United States; has an approved application for asylum in the United 
States or has entered into the United States in a refugee status; has a valid non-immigrant status in the 
United States; has an application for asylum in the United States; has an application for temporary 
protected status (TPS) in the United States; has approved deferred action status; or has an application 
for lawful permanent residence (LPR) or conditional permanent resident status.

"License" means any license, temporary instruction permit, or temporary license that is Delaware 
compliant or Delaware non-compliant issued under the laws of this State pertaining to the licensing of 
individuals to operate motor vehicles.

"Material Change" means any change to the personally identifiable information of an individual as 
defined in Title 21 and this administrative code. Notwithstanding the definition of personally identifiable 
information below, a change of address of principal residence does not constitute a material change.

"Official Purpose" means accessing federal facilities, boarding federally-regulated commercial 
aircraft, and entering nuclear power plants.

"Passport" means a passport booklet or card issued by the United States Department of State that can 
be used as a travel document to gain entry into the United States and that denotes identity and 
citizenship as determined by the United States Department of State.

"Personally Identifiable Information" means any information which can be used to distinguish or 
trace an individual's identity, such as the individual's name, driver license or identification card number, 
social security number, biometric record, including a digital photograph or signature, alone or when 
combined with other personal or identifying information, which is linked or linkable to a specific 
individual, such as a date and place of birth or address whether it is stored in a database, on a driver 
license or on an identification card.

"Principal Residence Address" means the location where a person currently resides (i.e. presently 
resides even if at a temporary address) in conformance with the residency requirements of the state 
issuing the driver license or identification card, if such requirements exist.

"SAVE" means the Department of Homeland Security's Systematic Alien Verification for Entitlements 
system or such successor or alternate verification system at the DHS secretary's discretion.

"Sexual Assault and Stalking" have the meanings given the terms in Section 3, Universal Definitions 
and Grant Provisions, of the Violence Against Women and Department of Justice Reauthorization Act 
of 2005 (Pub. L. 109-162, 119 Stat, 2960, 2964, Jan. 5, 2006); codified at Section 40002, Definitions 
and Grant Provisions, 42 U.S.C. 13925, or state laws addressing sexual assault and stalking.









"Source Document(s)" means original or certified copies (where applicable) of documents presented 
by an applicant as required under this regulation to the Division of Motor Vehicles to apply for a driver 
license or identification card.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin 
Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.

"State Address Confidentiality Program" means any state-authorized or state-administered program 
that: (1) allows victims of domestic violence, dating violence, sexual assault, stalking, or a severe form 
of trafficking to keep, obtain, and use alternative addresses; or (2) provides confidential recordkeeping 
regarding the addresses of such victims or other categories of persons.

"Temporary Lawful Status" means a person in temporary lawful status is a person who has a valid 
non-immigrant status in the United States; has an pending application for asylum in the United States; 
has a pending or approved application for temporary protected status (TPS) in the United States; has 
approved deferred action status; or has an application for LPR or conditional permanent resident 
status.

"Verify" means procedures to ensure that the source document is genuine and has not been altered 
(i.e. "document authentication") and the identity data contained on the document is valid ("data 
verification").

4.0Delaware Driver Licenses and Identification Cards.

4.1Application document.

4.1.1Every application for a Delaware compliant and non-compliant driver license or identification card 
shall be made on an application furnished by the Delaware Department of Transportation. The 
original application shall be verified by the applicant before a person authorized by the division to 
administer oaths. Employees who are specifically trained and assigned duties to issue state 
identification documents are hereby designated as being able to administer oaths under this 
section. The applicant will certify on the application if he holds a compliant or non-compliant driver 
license or identification card in this or any other state. The original application will be electronically 
scanned and stored.

4.2Delaware Identification Documents.

4.2.1When Delaware self certifies to the DHS, and the DHS determines that Delaware has met the 
requirements of 6 CFR 37 or its equivalent as amended from time to time, the division may issue 
Delaware compliant identification documents, which will be accepted by federal agencies for 
official purposes.

4.2.2Unless otherwise specified, identification documents issued in accordance with this administrative 
code shall be considered compliant identification documents and shall be accepted by federal 
agencies for official purposes.

4.2.2.1To be considered eligible for a compliant identification document, the division must 
reverify, scan, and electronically retain all original source documents of current Delaware 
driver license and identification card holders upon renewal or reissuance of that person's 
identification documents.

4.2.2.2Unless otherwise specified, once verified, scanned, and electronically retained, a 
compliant identification document holder will not be required to again present the division 
with the original source document except in cases where a material change occurs or 
when an applicant's lawful status must be verified.

4.2.3It will be clearly indicated on the face of the identification documents and in the machine readable 
zone that the license is either a Delaware compliant or non-compliant driver license, temporary 
driver license, identification card, temporary identification card or limited-term driver license.

4.3Non-Compliant Driver Licenses and Identification Cards.

4.3.1Non-compliant driver licenses and identification cards will clearly state on their faces and in the 
machine readable zones that the card is not acceptable for official purposes.









4.3.2The division may issue non-compliant identification documents and non- compliant temporary or 
limited-term identification documents in lieu of Delaware compliant documents to persons who:

4.3.2.1Are citizens of the United States, aliens with permanent resident status, or aliens with 
acceptable proof of lawful status in accordance with 2 DE Admin. Code 2220 who want to 
operate a motor vehicle or have a state-issued identification card, but who do not need or 
want a Delaware compliant identification document to enter federal facilities, board 
federally-regulated commercial aircraft, or enter nuclear power plants;

4.3.2.2Are unable to present an authorized source document and must rely upon alternative 
documents, when approved by the Driver Services Manager, Chief of Driver Services, 
Deputy Director or Director, to establish a person's name, date of birth, principle residence 
address, SSN or use alternative documents to demonstrate U.S. citizenship or lawful 
presence.

4.3.2.3Have lawful status in the United States, but:

4.3.2.3.1Are ineligible for a SSN because of their immigration status;

4.3.2.3.2Are able to provide a temporary residential address (such as a motel or homeless 
shelter) but do not have a principal residence address in this State (reference Section 
9);

4.3.2.3.3Are able to provide documentation confirming their SSN and/or lawful status, but the 
division is temporarily unable to electronically verify this data.

4.4Temporary or Limited-Term Documents. 

4.4.1The division shall issue a temporary or limited-term compliant driver license or identification card, 
or temporary or limited-term non-compliant driver license or identification card to those persons 
who have temporary lawful status in the United States in accordance with 2 DE Admin. Code2220 and 21 Del.C., Sections 2715(a) and 3103(a). Before issuing or renewing these limited term 
documents, the applicant must provide valid documentary evidence, verifiable through SAVE or 
other DHS-approved means, that the person has lawful status in the United States. These 
documents may not be issued for a time period longer than the expiration of the applicant's 
authorized stay in the United States, or if there is no expiration date, for a period no longer than 
one year or no longer than the maximum term of a driver license or identification card, whichever 
date is less. Temporary or limited term identification documents must clearly indicate on their 
faces and in the machine readable zone that they are temporary or limited-term driver licenses or 
identification cards.

4.5Renewal of Delaware Driver Licenses and Identification Cards.

4.5.1Delaware compliant and non-compliant driver licenses will be renewed in person every five years 
and identification cards will be renewed in person every four years in accordance with 21 Del.C., 
Sections 2715 and 3103, unless they are designated as temporary or limited-term documents.

4.5.2Delaware compliant identification documents must be renewed in person unless otherwise 
specified in Sections 4.5.3 and 9.2.1 of this document.

4.5.3Holders of temporary or limited-term Delaware compliant or non-compliant driver licenses and 
identification cards must present evidence of continued lawful status and have their lawful status 
verified via SAVE or other methods approved by the DHS when renewing their driver licenses or 
identification cards. The documents must be set to expire when the individual's lawful status 
expires.

4.5.4The division may allow a remote renewal but must ensure the Social Security number (SSN) and 
lawful status is verified before renewing. However, a remote renewal is prohibited when there is a 
material change in any personally identifiable information. The applicant must have his 
identification document reissued in person and present a source document that is retained and 
verified when material changes occur.

4.6Reissued Driver Licenses and Identification Cards.

4.6.1Delaware compliant and non-compliant driver licenses will be reissued in accordance with 21 
Del.C., Sections 2720 and 3105.









4.6.3Delaware compliant and non-compliant identification documents must be reissued in person 
unless otherwise specified in Sections 4.6.2 and 9.2.1 of this administrative code.

4.6.3The division may allow a remote renewal but must ensure the social security number (SSN) and 
lawful status is verified before reissuance. However, a remote issuance is prohibited when there is 
a material change in any personally identifiable information. The applicant must reissue in person 
and present an original source document that is retained and verified when material changes 
occur.

5.0Personal Identity: Name, Date of Birth and Gender.

5.1Identity: Full Legal Name, Date of Birth and Gender.

5.1.1The name and date of birth on the face of the license or identification card must be the same as 
the name and date of birth on the source document presented by the applicant to establish 
identity. When the individual has only one name, that name should be entered in the last name or 
family name field, and the first and middle name fields should be left blank. Place holders such as 
NFN, NMN, FNU, LNU and NA shall not be used.

5.1.2If the names, as listed on various source documents (to substantiate the applicant's name, date of 
birth, gender, SSN and lawful status), are different, the applicant must contact the agency who 
issued the source document and change the name so that the names on all source documents 
match.

5.2Identification Source Documents.

5.2.1To establish an applicant's full legal name, date of birth, and gender, the applicant must present 
one or more of the following source documents:

5.2.1.1Valid, unexpired United States passport;

5.2.1.2Certified copy of a birth certificate filed with a state Office of Vital Statistics or equivalent 
agency in the individual's state of birth;

5.2.1.3Consular Report of Birth Abroad (CRBA) issued by the United States Department of State, 
Form FS-240, DS-1350 or FS-545;

5.2.1.4Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States 
Department of Homeland Security (DHS) or Citizenship and Immigration Services (CIS);

5.2.1.5Unexpired employment authorization document (EAD) issued by the DHS, Form I-766 or 
Form I-688B;

5.2.1.6Unexpired foreign passport with a valid, unexpired United States visa affixed accompanied 
by the approved I-94 form documenting the applicant's most recent admittance into the 
United States. Applicants presenting these documents must present a SSN or 
demonstrate non-work authorization status;

5.2.1.7Certificate of Naturalization issued by the DHS, Form N-550 or Form N-570;

5.2.1.8Certificate of Citizenship, Form N-550 or Form N-561, issued by the DHS;

5.2.1.9Compliant driver license or identification card issued in compliance with the standards 
established by 6 CFR 37 or its equivalent as amended from time to time;

5.2.1.10Such other documents as the DHS may designate by notice published in the Federal 
Register.

6.0Lawful Status.

6.1All driver license and identification card applicants must establish legal presence in the United States 
to be eligible for a Delaware compliant or Delaware non-compliant identification document. Proof of an 
applicant's lawful status will be determined in accordance with 2 DE Admin. Code 2220, 2 Del.C. 21, 
2715(a) and 3103(a). Any document not listed in 2 DE Admin. Code 2220 that is presented as proof of 
lawful status must be approved by the DHS as satisfactory evidence of lawful status. Lawful status 
must be verified through SAVE.

6.2Exceptions. 









6.2.1Alternate documents to demonstrate lawful status will only be allowed to demonstrate U.S. 
citizenship. For example, a document issued by a state Office of Vital Statistics that substantiates 
the person was born in that state and establishes the individual's name and date of birth in lieu of 
the original birth certificate.

6.2.2Persons born overseas to parents who were U.S. citizens and one was a member of the U.S. 
military, but who are unable to provide a Consular Report of Birth Abroad, Certificate of 
Naturalization or Certificate of Citizenship may present military and hospital records substantiating 
these facts after they exhausted their attempts to obtain the aforementioned documents. They 
may be issued a Delaware non-compliant card upon approval from the Director or Chief of Driver 
Services. The driving record will be annotated to show they submitted lawful status documents 
under the exception provision and the documents will be retained on file.

7.0Name change/exceptions.

7.1If an applicant wants to establish a name other than the name that appears on the original source 
document, the applicant must provide proof of the name change by presenting a valid marriage 
certificate, divorce decree, adoption papers or court order substantiating the name change.

7.1.1The State of Delaware does not recognize same sex marriages in this state or any other state as a 
valid marriage. Therefore, a same sex marriage certificate cannot be accepted as a legal 
document for an official name change.

7.2The driving record alias file contains name changes to enable the division to verify the names the 
applicant used over time. The division must be notified within 30 days after the name change occurs.

7.3Exceptions: Older applicants may not have birth certificates because they were born in rural areas not 
under the care of a physician or for other reasons. If an applicant is unable to present any of the 
documents listed in Section 5.2 to prove his identity and date of birth, the applicant should contact the 
Office of Vital Statistics in the state in which he was born to issue a "delayed or alternate" birth 
certificate in accordance with state procedures.

7.4If the procedures listed in Section 7.3 are not feasible, as a last resort, the division may issue a non-
compliant identification document provided the applicant has sufficient proof (school records, 
employment documents, social security card, and other records) demonstrating he has used this 
name, date of birth and gender consistently over a long period of time. The driving record will be 
annotated showing the identification documents were approved as exceptions and copies of the 
documents will be retained on file. Exceptions to name change procedures must be approved by 
Driver Services Manager, Chief of Driver Services, Deputy Director or Director.

7.5Date of Birth Changes.

7.5.1To establish the applicant's date of birth, an individual must present at least one document 
included in Section 5.2 or a court order that establishes a new date of birth.

7.6Gender/gender changes.

7.6.1The applicant's gender will be verified using one of the approved source documents listed in 
Section 5.2. To change a person's gender, the applicant must provide a letter from a physician 
licensed in this State or the physician who completed the gender change procedure stating a 
gender change has been completed and a letter from the applicant requesting the division to 
change his gender designation in its files.

8.0Social Security Number (SSN).

8.1Every applicant must present a valid social security source document. The SSN will be electronically 
verified using the Social Security On-Line Verification (SSOLV) system, and the source document will 
be electronically stored.

8.2SSN Exception:

8.2.1Those applicants whose immigration status places them in a non-working status are ineligible for a 
SSN. Therefore, those applicants who enter the United States with the source document listed in 
Section 5.2 may present a letter from the Social Security Administration (SSA) verifying that their 









non-working immigration status prevents them from being issued a SSN. They are ineligible for a 
compliant identification card and may be issued a non-compliant identification document that 
expires with their immigration status expiration date until such time as they have a valid SSN. In 
every case, the applicant should either return home or his immigration status must be changed 
allowing him to work by the time he comes back to the DMV for renewal. Therefore, the immigrant 
must provide a verifiable SSN or an approval letter from the SSA verifying that his non-working 
immigration status prevents him from obtaining a SSN and new immigration documents at the time 
of renewal.

8.3SSN Disclosure Statement:

8.3.1Disclosure of the applicant's SSN is mandatory. Federal and state laws authorize such disclosure 
(see Public Law 109-13, and 21 Del.C., Sections 2718(a) and 3104(a)). The division will use SSNs 
solely for the administration of the driver license and identification card program to ensure 
accurate identification. SSNs will not be released to businesses or private individuals but may be 
released to state agencies to carry out their governmental functions. If you obtained an 
identification document without a SSN and have subsequently obtained a SSN, it is your 
responsibility to notify the Division of Motor Vehicles within 30 days.

9.0Principal Residence Address. 

9.1The division and Delaware State Police must be able to contact every identification document holder at 
the physical location where he lives in this State. Therefore, every applicant must provide two 
documents that show the individual's name and principal Delaware residence using such documents 
as utility bills, auto or life insurance policies, W-2 or filed tax forms, voter registration card, bank 
account records, credit card statements, employment records, signed contract to purchase home in 
this State, rental agreement or any other document specifically approved by the Chief of Driver 
Services or Director. These source documents will be electronically stored and when possible, verified. 
The applicant should notify the division within 30 days after he changes his address. No proof is 
needed to change a person's address, and it can be accomplished by mail. A Delaware compliant 
driver license or identification card will not be issued to an applicant unless the applicant has 
established a principal residence address in this State at the time of application.

9.2Principal Address Exceptions.

9.2.1Military members.

9.2.1.1Members of the U.S. military and their dependents that were issued a Delaware driver 
license or identification card may renew and retain these identification documents when 
transferred by the military to another state or country until such time as their active military 
service is terminated. They cannot upgrade to a Delaware compliant document unless 
they appear in person and meet all other requirements. Upon renewal the division will only 
issue non-compliant identification documents to members of the military and their 
dependents living in another state unless they currently hold a Delaware compliant driver 
license or identification card issued by Delaware.

9.2.1.2The eye examination is waived and the digital photograph on file will be used when the 
military member is unable to renew in person provided the photograph was taken within 
the last 16 years. Upon renewal the military member must provide the division with a valid, 
unexpired military ID showing his active duty status, his principal residence address, and 
mailing address in the out-of-state location. At times the dependent's address will be 
different than the military member's.

9.2.1.3Military members and their dependents that are transferred into this State have the option 
of applying for a Delaware identification document or retaining their out-of-state driver 
license or identification card while serving in the military in this State.

9.2.2Homeless - Temporary Lodging.

9.2.2.1After meeting all other requirements, persons living in temporary lodging such as a 
homeless shelter or motel may be issued a non-compliant identification document 
provided they substantiate: (1) they are living in temporary quarters in this State pending 









their subsequent move into a designated principal residence address; and (2) the agency 
offering temporary lodging certifies they are allowed residency for 30 or more days, and 
they may receive mail at this address.

9.2.3Those Living on Boats or in Recreational Vehicles.

9.2.3.1Those applicants whose principal residence address is on a personally-owned boat and 
who do not have another residency in this or any other state must provide proof that the 
boat is registered in their name in this State; have a 12-month or longer boat slip contract 
with a Delaware company; and provide a valid mailing address.

9.2.3.2Those persons whose principal residence address is in a recreational vehicle on land in 
this State and who do not have a residency in this or any other state must provide proof 
that they have a 12-month or longer contract with a recognized Delaware RV campground 
or trailer court, or reside at the Dover Air Force Base RV campground, and have a valid 
mailing address.

9.2.3.3Those living on a boat or in a recreational vehicle will be issued a non-compliant 
identification document because the nature of their residency suggests frequent travel 
away from the place were they live and the State cannot be assured they can be easily 
contacted when away from their designated boat slip or campground.

9.2.4Mailing Address.

9.2.4.1If mail cannot be delivered to the applicant's principal residence address or if he is living in 
temporary quarters without mail service, he must provide the division with a mailing 
address. Those under the confidential address program must submit a mailing address.

9.3Confidentiality program.

9.3.1Law Enforcement Confidential Program.

9.3.1.1States are not required to comply with compliant requirements when issuing compliant 
driver licenses or identification cards in support of federal, state, or local criminal justice 
agencies or other programs that require special licensing or identification to safeguard 
persons in support of their official duties. The Delaware State Police and DOT IT Support 
Section will manage the confidential licenses and identification cards for all law 
enforcement and criminal justice agencies. The program will follow the guidelines 
established under the memorandum of understanding between the Delaware State Police, 
Department of Transportation and Division of Motor Vehicles.

9.3.2Victims of domestic violence, dating violence, sexual assault, stalking, or other forms of abuse 
may use an alternative address under the State's Victims of Abuse Address Confidentiality 
Program. The Victims of Abuse Address Confidentiality Program will follow the guidelines 
established under the memorandum of agreement between Delaware's Department of Justice, 
Department of Transportation and Division of Motor Vehicles.

10.0Verification Requirements and Other Restrictions/Limitations.

10.1Verification of Source Documents.

10.1.1The division will verify the source documents used to determine an applicant's name, date of birth, 
SSN, principal residence address, lawful status, gender or any material changes to this data with 
the issuer of the source document whenever. An electronic validation of the document and identity 
data will occur as systems become available or by alternative methods approved by the DHS. All 
source documents and identification document applications will be scanned and electronically 
retained by the division.

10.1.2A SSN check (SSOLV) and lawful status verification check (SAVE) will be conducted upon initial 
issue and/or renewal when a material change occurs, and whenever a new identification 
document is produced. If an applicant has previously proven/established United States citizenship, 
a SAVE check may not be required.

10.1.3The division may not remotely reissue a Delaware compliant driver license or identification card 
where there has been a material change in any personally identifiable information since prior 
issuance. All material changes must be established by an applicant applying in person at a division 









facility and presentation of an original source document that is verified before the material change 
is accepted.

10.1.4A Delaware compliant or non-compliant identification document may be issued remotely as long 
as the SSN and lawful status is verified.

10.1.5The division will electronically verify information that it was not able to verify at a previous issuance 
or renewal if the systems or processes exist to do so.

10.2Electronic Verification Details.

10.2.1Systematic Alien Verification for Entitlements (SAVE).

10.2.1.1Any documents listed in Section 5.2 and issued by the DHS, including the I-94, will be 
verified through the SAVE system or alternate method approved by the DHS. If two DHS-
issued documents are shown, only one must be verified. In the event of a non-match, the 
division must not issue a Delaware compliant or non-compliant identification document to 
an applicant and must refer the individual to the U.S. Citizenship and Immigration Services 
for resolution. The division will not issue a compliant or non-compliant identification 
document unless the applicant has lawful status in the United States.

10.2.2Social Security On-Line Verification (SSOLV).

10.2.2.1The division will verify SSNs with the Social Security Administration (SSA) using SSOLV 
or though another method approved by the DHS. In the event of a non-match with the 
SSA, the division will use existing procedures to resolve non-matches. If unable to resolve 
non-matches, the division will deny issuance to those applying for their first Delaware 
identification document. A Delaware compliant or non-compliant identification document 
will not be issued until the mismatch condition is resolved. However, upon renewal of a 
Delaware-issued identification document, the document holder may be issued one 60-day 
temporary non-compliant identification document to give him time to resolve the mismatch 
condition with the SSA. The division may establish procedures and exceptions through 
memorandums.

10.2.3Commercial Driver License Information Systems (CDLIS).

10.2.3.1Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, the division will 
verify all driver license transactions through CDLIS to ensure the applicant does not hold a 
commercial motor vehicle compliant or non-compliant identification document in another 
jurisdiction. If a match is found in another jurisdiction, the applicant must surrender his 
existing identification document from the other jurisdiction to obtain a Delaware compliant 
or non-compliant identification document. During the renewal process, if a match is found 
with a status of "not eligible", the applicant must downgrade his Delaware commercial 
compliant or non-compliant identification document to a Class D and be issued a 60-day 
temporary non-compliant identification document until the status becomes "eligible". At 
that time the applicant may be reissued his Delaware commercial compliant or non-
compliant identification document.

10.2.4Problem Driver Pointer System (PDPS).

10.2.4.1In conjunction with the National Driver Registry (NDR), the division will verify all driver 
license transactions through PDPS to ensure the applicant's eligibility to obtain valid 
driving authority and carry a compliant or non-compliant identification document. If a 
match is found from another jurisdiction with a status of "not eligible" during an initial or 
transfer transaction, the applicant is denied a Delaware compliant or non-compliant 
identification document until the jurisdiction reports a status of "eligible". During an 
identification document change, duplicate or renewal process, if a "not eligible" status is 
found, the applicant is issued a 60-day temporary non-compliant identification document 
until the status becomes "eligible". At that time the applicant may be reissued his 
Delaware compliant or non-compliant identification document.

10.2.5Electronic Verification of Vital Events (EVVE).

10.2.5.1Birth certificates must be verified by using the EVVE system or other electronic systems 
whenever the system or records become available. If the document does not appear 









authentic upon inspection or the data does not match, a Delaware compliant or non-
compliant identification document will not be issued until the information is verified. The 
applicant must return to the issuing agency for resolution.

10.2.6Department of State Documents.

10.2.6.1Documents issued by the Department of State will be verified with the Department of State 
or through methods approved by the DHS when or if the verification system becomes 
available.

10.2.7Compliant Documents.

10.2.7.1Compliant identification documents will be verified with the state of issuance when or if the 
verification system becomes available.

10.3Non-Match Verification Results and System Failure Procedures.

10.3.1Initial Issue and Transfer.

10.3.1.1The division will deny the initial issuance of a Delaware compliant or non-compliant 
identification document whenever a verification check (SSOLV, SAVE or EVVS) results in 
a non-match condition.

10.3.2Renewal - Missing Source Document.

10.3.2.1A Delaware resident holding a valid driver license or identification card who is unable to 
present the required source documents at the time of renewal may be issued a Delaware 
non-compliant identification document until they can provide the required source 
documents and meet all other requirements for a Delaware compliant identification 
document. There is no additional fee for changing a non-compliant identification document 
to a compliant identification document. 

10.3.3Renewal - Mismatch Condition. 

10.3.3.1Should a mismatch condition occur for those applicants renewing a Delaware-issued 
identification document, they may be issued a 60-day temporary non-compliant 
identification document to give them time to resolve the problem with the issuing agency. 

10.4Renewal and Verification System Failure. 

10.4.1If an electronic verification system fails when an applicant is renewing his Delaware-issued 
identification document, the following may occur depending on which verification system failed:

10.4.1.1The applicant may be denied issuance;

10.4.1.2The applicant may be issued a 60-day temporary non-compliant identification document;

10.4.1.3The applicant may be permitted to renew his identification document when the SAVE 
verification fails if all other systems have passed. However, the SAVE verification must be 
immediately performed when the system comes back online. The applicant's immigration 
documents must show an expiration date that can be used on the renewal for a Delaware 
non-compliant identification document. The comment section of the driving record must be 
annotated to reflect what transpired.

10.4.1.4Delaware compliant identification documents require full verification of all systems for 
initial issuance.

10.4.2If a verification system fails when the applicant is applying for his initial Delaware identification 
document, the application will be denied until the verification check is completed.

10.4.3Regardless of the above procedures, no identification documents will be issued if there is reason 
to believe the applicant is attempting to commit fraud by presenting altered or fraudulent source 
documents or by finding non-matching or inconsistent data on various electronic databases, or by 
other factors that would lead a reasonable person to conclude the applicant is attempting to 
commit fraud. In such instances, an electronic record will be established, a digital photograph will 
be captured, the record will be annotated as denied, and fraudulent or altered documents will be 
confiscated. A division investigator or a law enforcement officer will be asked to investigate to 
determine future action.

10.5Prohibition Against Holding More Than One Compliant ID Card or More Than One Driver License.









10.5.1The division will ensure the applicant does not have more than one valid compliant or non-
compliant driver license issued in this or any other state, thereby supporting the one driver license, 
one driving record concept as expressed in the Driver License Agreement.

10.5.2An individual may hold only one compliant identification document. Nothing shall preclude an 
individual from holding a compliant driver license and a non-compliant identification card or vice 
verse. If a person holds a compliant identification document in another state, he will not be issued 
a Delaware compliant identification document in this State until the individual or division has 
terminated the compliant identification document issued by another state.

10.5.3Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS), 
National Law Enforcement Telecommunication System (NLETS) and other national systems may 
be used to electronically verify, within the limits of each network, whether or not an applicant has a 
valid compliant identification document issued by another state.

10.5.4Motor Vehicle System software performs name and social security cross checks to identify 
persons who are mistakenly assigned multiple driving or identification card records on the 
division's files. Multiple records will be combined into one record when discovered.

10.5.5An applicant's identity will be verified each time a Delaware compliant or non-compliant 
identification document is renewed or reissued to ensure that the individual receiving a Delaware 
identification document is the same individual to whom the document was originally issued.

10.5.6An applicant must be denied a Delaware-issued compliant identification document until the 
compliant document issued by another state is terminated or soon to be terminated. If the 
applicant must terminate a compliant identification document issued by another state, then the 
division, as allowed under the Driver License Compact, may act on behalf of the applicant and 
inform that state that Delaware has issued a Delaware compliant identification document in this 
State and request the other state cancel the one issued by its agency. A Delaware compliant 
identification document will be issued pending the termination of the out-of-state document. 

10.6Other Restrictions/Limitations.

10.6.1If the division discovers a person holds a compliant or non-compliant identification document in 
multiple or different names issued by this or any other state, the division may deny issuance of an 
identification document, investigate the matter and suspend the applicant pursuant to Title 21, 
Section 2733(a)(5).

10.6.2An applicant cannot obtain his initial Delaware driver license or transfer a license from another 
state if his driver license is suspended or revoked in any state for a violation that would result in a 
suspension or revocation in this State. Renewal exception: Those applicants renewing a valid 
Delaware-issued driver license may be issued a 60-day, non-compliant temporary driver license to 
give them an opportunity to resolve the out-of-state suspension or revocation. Once the out-of-
state suspension or revocation is cleared, the applicant may be issued a valid Class D license. If a 
driver holds a CDL, he must downgrade to a Class D license before being issued a temporary 
license.

11.0Other Mandatory Data Collection and Source Documents Retention.

11.1Digital photograph images.

11.1.1An identification document shall not be valid unless it contains the applicant's full facial image and 
signature. The mandatory facial image must be captured and retained even if no identification 
document is issued. The applicant for an initial Delaware compliant identification document must 
appear in person to update his full facial digital image. Upon approval by the Director of the 
Division of Motor Vehicles, at the Director's discretion, the requirements for this appearance may 
be waived for those with an existing Delaware-issued compliant or non-compliant identification 
document whose full facial digital image and electronic signature is on file when circumstances 
prevent the applicant from appearing on or near the time of renewal or reissue provided the full 
facial digital image printed on the license was taken within the previous 16 years.

11.1.2The digital photograph must be full faced and provide an unobstructed view of the person's facial 
features. This enables the photograph on the license to be used as a means of proper 









identification for motor vehicle, emergency and public safety purposes. For more specific details 
consult current Division photograph image procedures. Digital imaging driver license facial 
recognition one-to-many technology compares each digital photograph taken against all other 
digital photographs on file to ensure the driver license or identification card applicant does not 
have multiple identification documents in different or same names on file in this State. One-to-
many facial comparisons will be conducted on all initial issuance and transfers of compliant and 
non-compliant identification documents. This same technology completes a one-to-one verification 
check by comparing the latest digital photograph taken against all other photographs on an 
applicant's current record. One-to-one facial comparisons will be conducted on all compliant and 
non-compliant identification document renewals. This is designed to prevent a digital photograph 
from appearing on another person's identification document. Whenever the facial recognition 
technology pinpoints potential duplication, fraud or mistaken assignment of a photo, the applicant 
will not be issued an identification document until the discrepancy is resolved.

11.1.3A new digital photo image will be made every time a person appears in person to renew his 
identification document, have his identification document reissued, materially changed, or have his 
address changed on his identification document.

11.1.4If the division issues an identification document without a photo image or one that does not meet 
division standards, the customer will be notified in writing that he must return to a division facility 
within seven days to replace the deficient document. If he fails to comply, his identification 
document status will be changed to "denied", and the driver will be notified of the change. 
Identification document holders will be denied renewal or reissued documents until the photo 
image meets division standards.

11.2Signature.

11.2.1Every holder of an identification document shall sign an application under the penalty of perjury 
that the information on the application is true and correct. The applicant will use his normal 
signature. The identification document shall not be valid until signed by the applicant. By signing 
the application he acknowledges the following and any other information that may be included on 
the application in the future:

11.2.2He is a bona fide resident of Delaware;

11.2.3Consent to chemical tests of his breath, blood or urine to determine the amount of alcohol or drugs 
in his blood;

11.2.4That convicted sex offenders must register with the Delaware State Police within seven days after 
coming into this State (Megan's Law);

11.2.5That the division will send personal information pertaining to male applicants under the age of 26 
years to the Selective Service for the purpose of registration in the Selective Service System as 
required by federal and state laws;

11.2.6That he is physically and mentally able to safely operate a motor vehicle;

11.2.7That he must report if he holds a license in another state or if his driving privileges are suspended 
or revoked in any state.

11.3Retaining Source Documents.

11.3.1The source documents submitted by the applicant to the division are used to determine the 
person's name, date of birth, gender, SSN (if eligible), address of principal residence, unless 
enrolled in a state address confidentiality program, and lawful status and shall be retained by the 
division in either paper or electronic format. The identification document application signed by the 
applicant will also be retained.

11.4Miscellaneous. 

11.4.1For identification purposes, the division will also collect the applicant's height, weight, and eye 
color based upon verbal information provided by the applicant.









12.0Source Document Retention Period.

12.1At a minimum the division will retain the following documents including copies of the application, 
declarations, source documents and documents used to establish all names recorded by the division. 
The division will protect any personally identifiable information collected. The division may retain these 
documents for a longer time period then the period specified in the following:

12.2The full facial image/photograph will be retained by the Department of Transportation for at least five 
years if no identification document is issued and at least two years beyond the expiration date of the 
identification document;

12.3All paper copies of source documents must be retained for a minimum of seven years;

12.4Microfiche documents must be retained for a minimum of ten years;

12.5Digital images of source documents must be retained for a minimum of ten years;

12.6Digital, microfiche and paper identification document applications and declarations will be retained for 
a minimum of ten years;

12.7All photograph images must be stored and be retrievable by the division if properly requested by 
statute or regulation;

12.8Upon request by an applicant, the division may record and retain the applicant's name, date of birth, 
certificate numbers, date filed, and issuing agency in lieu of an image or copy of the applicant's birth 
certificate if such procedures are required by State law.

13.0Division Databases.

13.1The Division must maintain a motor vehicle database that contains, at a minimum:

13.1.1All data fields printed on identification documents issued by this State, individual serial numbers of 
the documents and SSNs;

13.1.2A record of the full legal name and recorded name, as applicable, without truncation;

13.1.3All additional data fields included in the machine readable zone (MRZ) but not printed on the 
identification document; and

13.1.4Motor vehicle driver's histories, including motor vehicle violations, revocations, disqualifications, 
suspensions, and points on driver's licenses.

13.1.5The Division must protect the security of personally identifiable information as prescribed in State 
law and information technology policies and procedures.

14.0Severability.

If any part of this rule is held to be unconstitutional or otherwise contrary to law by the court of competent 
jurisdiction, said portions shall be severed and the remaining portions of this rule shall remain in full 
force and effect under Delaware law.

15.0Effective Date.

The following regulation shall be effective ten days from the date the order is signed, and it is published in its 
final form in the Register of Regulations in accordance with 29 Del.C., Section 10118(e). Delaware 
compliant identification documents will become available once Delaware self certifies to the DHS and 
the DHS determines Delaware has met the requirements of 6 CFR 37 or its equivalent as amended 
from time to time, the division may issue Delaware compliant identification documents, which will be 
accepted by federal agencies for official purposes.









DEPARTMENT OF EDUCATION

DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES

DIVISION OF SOCIAL SERVICES

Child Care Subsidy Program



DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE

3518 Black Drum Size Limit; Possession Limit; Landing Limit; Dealer Limit







DIVISION OF FISH AND WILDLIFE



3521 Weakfish Size Limits; Possession Limits; Seasons



DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
BOARD OF ACCOUNTANCY









DIVISION OF PROFESSIONAL REGULATION



DEPARTMENT OF TRANSPORTATION
DIVISION OF MOTOR VEHICLES

2201 Procedure for Re-licensing Investigations
DIVISION OF MOTOR VEHICLES



2217 Interim Identification Procedure for the Division of Motor Vehicles