Delaware Register of Regulations Issue Date: April 1, 2006 Volume 9 -Issue 10 Pages 1409 - 1607 IN THIS ISSUE: Regulations: Errata Proposed Final Governor Executive Orders Appointments Calendar of Events & Hearing Notices INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 9 DE Reg. 1036-1040 (01/01/06) Refers to Volume 9, pages 1036-1040 of the Delaware Register issued on January 1, 2006. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for INFORMATION ABOUT THE DELAWARE 1411 REGISTER OF REGULATIONS advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME May 1 April 15 4:30 p.m. June 1 May 15 4:30 p.m. July 1 June 15 4:30 p.m. August 1 July 15 4:30 p.m. September 1 August 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Kathleen Morris, Administrative Specialist I; Georgia Roman, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Lady Johnson, Administrative Specialist I; Rochelle Yerkes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Senior Legislative Attorney; Deborah J. Messina, Print Shop Supervisor; Don Sellers, Printer. TABLE OF CONTENTS Cumulative Tables .......................................................................................................................... ............ 1415 ERRATA DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services 4002.5 Excluded Resources................................................................................................ ............ 1423 PROPOSED DEPARTMENT OF AGRICULTURE Delaware Forest Service 402 State Forest Regulations................................................................................................ ............ 1425 Harness Racing Commission 501 Harness Racing Rules and Regulations, Section 8.0, Veterinary Practices, Equine Health Medication, subsection 8.3.6.1.1........................................................... ............ 1432 DEPARTMENT OF EDUCATION Professional Standards Board 1511 Issuance and Public Renewal of Continuing License.................................................. ............ 1440 1516 Standard Certificate..................................................................................................... ............ 1449 1521 Standard Certificate Agriculture Teacher..................................................................... ............ 1454 1522 Standard Certificate Business Education Teacher....................................................... ............ 1458 1525 Standard Certificate English Teacher.......................................................................... ............ 1462 1528 Standard Certificate World Language Teacher Comprehensive.................................. ............ 1465 1534 Standard Certificate Mathematics Teacher Secondary................................................ ............ 1468 1539 Standard Certificate Social Studies Teacher Secondary............................................. ............ 1471 1540 Standard Certificate Science Teacher Secondary....................................................... ............ 1474 1541 Standard Certificate Mathematics Teacher Middle Level............................................. ............ 1479 1542 Standard Certificate Science Teacher Middle Level.................................................... ............ 1482 1543 Standard Certificate Art Teacher Comprehensive....................................................... ............ 1485 1548 Standard Certificate Music Teacher Comprehensive................................................... ............ 1488 1551 Standard Certificate Physical Education Teacher Comprehensive.............................. ............ 1491 1554 Standard Certificate Reading Specialist....................................................................... ............ 1495 1556 Standard Certificate Elementary Teacher (Grades K-6).............................................. ............ 1498 DEPARTMENT OF FINANCE Division of Revenue Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs.. ............ 1502 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Title XIX Medicaid State Plan, Early & Periodic Screening, Diagnostic, & Treatment Program ....... 1506 Division of Social Services DSSM, Section 3008, Eligibility of Certain Minors, subsection 3008.1.1, Babies Born to Teen Parents......................................................................... ............ 1508 TABLE OF CONTENTS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Office of the Secretary 106 Environmental Standards for Eligible Energy Resources.............................................. ............ 1509 Division of Air and Waste Management 1102 Permits........................................................................................................................ ............ 1512 DEPARTMENT OF STATE Division of Professional Regulation 1770 Respiratory Care Advisory Council.............................................................................. ............ 1524 Public Service Commission Regulation Docket No. 49, Creation of a Competitive Market for Retail Electric Supply Service ..... 1529 DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2203 Implied Consent and Administrative Per Se Other Administrative Hearings of Record........... 1541 2206 Revocation of a Driver's License/Driving Privilege Pursuant to §§4103(b), 2732(a-8) ............ 1544 2207 Suspension of Permanent Licenses............................................................................. ............ 1545 2208 Concerning Driver Improvement Problem Driver Program.......................................... ............ 1545 2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus..................................................................................... 1550 2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. 4177...................................................................................... ............ 1551 2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle........ 1552 2259 Mopeds ....................................................................................................................... ............ 1554 2277 Approved Tinting for Side Windows............................................................................. ............ 1556 2286 Transferring Titles with Multiple Names....................................................................... ............ 1557 FINAL DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Chronic Renal Disease Program........................................................................................... ............Division of Social Services 20910.1 Institutionalized Spouse.......................................................................................... ............ 1558 1565 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Office of the Secretary 104 Regulations for the Green Energy Program................................................................... ............ 1566 DEPARTMENT OF STATE Division of Professional Regulation 1100 Board of Dental Examiners.......................................................................................... ............Public Service Commission Reg. Docket No. 15, Order Relating to Matter of Investigation, on the Motion of the Commission, into the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-aid-of Construction from Customers or Developers............................. ............ 1583 1588 DELAWARE REGISTER OF REGULATIONS, VOL. 9, ISSUE 10, SATURDAY, APRIL 1, 2006 TABLE OF CONTENTS GOVERNOR Executive Order No. 82, Implementing Strategies to Address Energy Restructuring........................ ............ 1593 Executive Order No. 83, Creating an Advisory Council on Walkability and Pedestrian Awareness.. ............ 1595 Appointments. .......................................................................................................................... ............ 1597 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Delaware Forest Service, Notice of Public Comment Period ............... ....................... ........... ............ 1603 Harness Racing Commission, Notice of Public Hearing.............................................................. ............ 1603 State Board of Education Monthly Meeting ....................................................................................... ............ 1603 Dept. of Finance, Division of Revenue, Notice of Public Comment Period........................................ ............ 1603 Dept. of Health and Social Services, Division of Medicaid and Medical Assistance Title XIX Medicaid State Plan, Notice of Public Comment Period......................................... ............ 1604 Division of Social Services, DSSM, Eligibility of Certain Minors, Babies Born to Teen Parents, Notice of Public Comment Period .......................................................................................................................... ............ 1604 Dept. of Natural Resources and Environmental Control Office of the Secretary, Notice of Public Hearing........................................................................ ............ 1604 Division of Air and Waste Management, Notice of Public Hearing ............................................. ............ 1605 Dept. of State, Division of Professional Regulation, Board of Accountancy, Notice of Public Hearing......................................................................... ............ 1605 Respiratory Care Advisory Council, Notice of Public Hearing..................................................... ............ 1606 Board of Occupational Therapy Practice, Notice of Reschedule Public Hearing........................ ............ 1606 Public Service Commission, Notice of Public Hearing................................................................ ............ 1606 Dept. of Transportation, Division of Motor Vehicles, Notice of Public Comment Period ................... ............ 1607 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DELAWARE COUNCIL ON POLICE TRAINING Minimum Standards for Firearms Qualifications 9 DE Reg. 488 (Prop.) 9 DE Reg. 768 (Final) DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Basin Regulations Water Supply Charges and Comprehensive Plan Relating to Certificates of Entitlement........................................................ ..... 9 DE Reg. 674 (Prop.) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. PUBLIC SERVICE COMMISSION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY 101 On-Farm Home Food Processing Operations............................................. ..... 9 DE Reg. 12 (Prop.) 9 DE Reg. 1057 (Final) 225 Prohibition of Discrimination........................................................................ ..... 9 DE Reg. 676 (Prop.) 525 Requirements for Career-Technical Education Programs ......................... ..... 9 DE Reg. 677 (Prop.) HARNESS RACING COMMISSION 502 Delaware Standardbred Breeders’ Fund..................................................... ..... 9 DE Reg. 111 (Final) 502, Section 8, Veterinary Practices, Equine Health Medications..................... ..... 9 DE Reg. 491 (Prop.) 9 DE Reg. 1031 (Prop.) 9 DE Reg. 1066 (Final) 9 DE Reg. 1367 (Final) DIVISION OF POULTRY AND ANIMAL HEALTH 902 Scrapie Regulations.................................................................................... ..... 9 DE Reg. 1298 (Prop.) DIVISION OF THOROUGHBRED RACING 1002 Delaware Jockeys’ Health and Welfare Board Regulations...................... ..... 9 DE Reg. 1300 (Prop.) NUTRIENT MANAGEMENT 1201 Nutrient Management Certification Regulations........................................ ..... 9 DE Reg. 305 (Prop.) 9 DE Reg. 966 (Final) DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY 101 Delaware Student Testing Program............................................................ ..... 9 DE Reg. 839 (Prop.) 9 DE Reg. 1172 (Final) 106 Teacher Appraisal Process Delaware Performance Appraisal System....... ..... 9 DE Reg. 533 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System.... ..... 9 DE Reg. 539 (Final) 225 Prohibition of Discrimination........................................................................ ..... 9 DE Reg. 1069 (Final) 235 Teacher of the Year Award......................................................................... ..... 9 DE Reg. 846 (Prop.) 9 DE Reg. 1182 (Final)275 Charter Schools.......................................................................................... ..... 9 DE Reg. 19 (Prop.) 9 DE Reg. 387 (Final) 9 DE Reg. 1301 (Prop.) CUMULATIVE TABLES 396 Private Business and Trade Schools.......................................................... ..... 9 DE Reg. 493 (Prop.) 9 DE Reg. 967 (Final) 405 Minor Capitol Improvement Program.......................................................... ..... 9 DE Reg. 496 (Prop.) 9 DE Reg. 970 (Final) 525 Requirements for Career-Technical Education Programs........................... ..... 9 DE Reg. 1070 (Final) 710 Public School Employees Work Day........................................................... ..... 9 DE Reg. 847 (Prop.) 9 DE Reg. 1183 (Final) 716 Maintenance of Local School District Personnel Records.......................... ..... 9 DE Reg. 27 (Prop.) 9 DE Reg. 395 (Final) 727 Credit for Experience for Educators and for Secretarial Staff..................... ..... 9 DE Reg. 28 (Prop.) 9 DE Reg. 396 (Final) 764 (Previously 364) Credentials for an Interpreter Tutor for the Deaf and Hard of Hearing.......................... ...... .................................................... ..... 9 DE Reg. 113 (Final) 765 (Previously 365) Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf and Hard of Hearing........................ ..... 9 DE Reg. 115 (Final) 920 Educational Programs for Students with Limited English Proficiency......... ..... 9 DE Reg. 30 (Prop.) 9 DE Reg. 398 (Final) 930 Supportive Instruction (Homebound).......................................................... ..... 9 DE Reg. 34 (Prop.) 9 DE Reg. 402 (Final) 1006 Delaware Interscholastic Athletic Association (DIAA)............................... ..... 9 DE Reg. 117 (Final) 1008 DIAA Junior High/Middle School Interscholastic Athletics ....................... ..... 9 DE Reg. 124 (Final) 9 DE Reg. 1305 (Prop.) 1009 DIAA Senior High School Interscholastic Athletics................................... ..... 9 DE Reg. 126 (Final) 9 DE Reg. 1315 (Prop.) 1105 School Transportation............................................................................... ..... 9 DE Reg. 35 (Prop.) 9 DE Reg. 404 (Final) PROFESSIONAL STANDARDS BOARD 310 Certification Administrative Supervisor/Reading Coordinator .................. ..... 9 DE Reg. 679 (Prop.) 9 DE Reg. 1072 (Final) 324 Driver Education and Traffic Safety Education Teacher.............................. ..... 9 DE Reg. 46 (Prop.) 332 Certification Technology Education Teacher............................................... ..... 9 DE Reg. 49 (Prop.) 370 Certification Teacher of Autistic/Severely Disabled Children...................... ..... 9 DE Reg. 51 (Prop.) 1513 Denial of Licenses..................................................................................... ..... 9 DE Reg. 138 (Final) 1514 Revocation of Licenses and Certificates................................................... ..... 9 DE Reg. 553 (Final) 1515 Emergency Certificate............................................................................... ..... 9 DE Reg. 555 (Final) 1516 Standard Certificate.................................................................................. ..... 9 DE Reg. 849 (Prop.) 1518 Special Institute for Teacher Licensure and Certification.......................... ..... 9 DE Reg. 498 (Prop.) 9 DE Reg. 1184 (Final) 9 DE Reg. 852 (Prop.) 1519 Alternative Routes to Teacher Licensure and Certification....................... ..... 9 DE Reg. 501 (Prop.) 9 DE Reg. 971 (Final) 1522 Standard Certificate Business Education Teacher.................................... ..... 9 DE Reg. 504 (Prop.) 1528 Standard Certificate Foreign Language Teacher Comprehensive............ ..... 9 DE Reg. 54 (Prop.) 9 DE Reg. 558 (Final) 1529 Standard Certificate Foreign Language Teacher Secondary, Repeal of... ..... 9 DE Reg. 57 (Prop.) 1533 Standard Certificate Foreign Language Teacher Elementary, Repeal o... ..... 9 DE Reg. 58 (Prop.) 1544 Art Teacher Elementary............................................................................. ..... 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 1545 Art Teacher Secondary.............................................................................. ..... 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 1549 Music Teacher Elementary........................................................................ ..... 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 1550 Music Teacher Secondary......................................................................... ..... 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 1552 Physical Education Teacher Elementary................................................... ..... 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) CUMULATIVE TABLES 1553 Physical Education Teacher Secondary.................................................... ..... 9 DE Reg. 680 (Prop.) 1564 Standard Certificate Driver Education and Traffic Safety Education Teacher 9 DE Reg. 545 (Final) 1565 Standard Certificate School-To-Work Transition Teacher......................... ..... 9 DE Reg. 136 (Final) 1568 Standard Certificate Technology Education Teacher................................. ..... 9 DE Reg. 547 (Final) 1571 Standard Certificate Teacher of Students with Autism or Severe Disabilities. 9 DE Reg. 550 (Final) 1584 Permits Paraeducators.............................................................................. ..... 9 DE Reg. 139 (Final) 9 DE Reg. 232 (Final) DEPARTMENT OF ELECTIONS FOR KENT COUNTY Security and Integrity of the Absentee Voting Process............................................. ..... 9 DE Reg. 1328 (Prop.) DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY Security and Integrity of the Absentee Voting Process............................................. ..... 9 DE Reg. 855 (Prop.) 9 DE Reg. 1187 (Final) DEPARTMENT OF ELECTIONS FOR SUSSEX COUNTY Security and Integrity of the Absentee Voting Process............................................. ..... 9 DE Reg. 1333 (Prop.) DEPARTMENT OF FINANCE DIVISION OF REVENUE Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs.................................. ..... .................................................. ..... 9 DE Reg. 771 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Title XIX Medicaid State Plan, Pharmaceutical Services, Mail Order Pharmacy Services...................................................................................... ..... 9 DE Reg. 508 (Prop.) Title XIX Medicaid State Plan, Pharmaceutical Services, Multi-State Pooling Rebate Program.......................................................................................... ..... 9 DE Reg. 506 (Prop.) 9 DE Reg. 975 (Final) Title XIX Medicaid State Plan Inpatient Hospital Services................................. ..... 9 DE Reg. 326 (Prop.) 9 DE Reg. 783 (Final) DIVISION OF PUBLIC HEALTH 4202 Control of Communicable and Other Disease Conditions......................... ..... 9 DE Reg. 861 (Prop.) 9 DE Reg. 1188 (Final) 4406 Home Health Agencies (Licensure).......................................................... ..... 9 DE Reg. 880 (Prop.) 4462 Public Drinking Water Systems................................................................. ..... 9 DE Reg. 59 (Prop.) 9 DE Reg. 306 (Prop.) 9 DE Reg. 999 (Final) 4466 Radiation Technologists/Technicians (Certification ................................ ..... 9 DE Reg. 902 (Prop.) 9 DE Reg. 1213 (Final) 4468 Delivery of Hospice Services.................................................................... ..... 9 DE Reg. 415 (Final) 4469 Regulations Governing a Detailed Plumbing Code................................... ..... 9 DE Reg. 307 (Prop.) 9 DE Reg. 786 (Final) DIVISION OF SOCIAL SERVICES Child Care Development Fund State Plan for the period October 1, 2003 through September 30, 2005....................................................................... ..... 9 DE Reg. 167 (Prop.) 9 DE Reg. 562 (Final) Delaware State Plan for TANF........................................................................... ..... 9 DE Reg. 907 (Prop.) 9 DE Reg. 1214 (Final) Title XIX Medicaid State Plan, Pages 2-7, Attachment 1.2-A, Attachment 1.2-B, Attachment 1.2-C and Attachment 1.2-D..................................................... ..... 9 DE Reg. 802 (Final) Title XIX Medicaid State Plan, Pharmaceutical Services Program..................... ..... 9 DE Reg. 6 (Emer.) 9 DE Reg. 73 (Prop.) CUMULATIVE TABLES DSSM: 1003.2 Information to Law Enforcement Agencies...................................... ..... 9 DE Reg. 691 (Prop.) 9 DE Reg. 1077 (Final) 1005 Case Record Maintenance and Retention.......................................... ..... 9 DE Reg. 523 (Prop.) 9 DE Reg. 1001 (Final) 2000.6 Supplemental Applications.............................................................. ..... 9 DE Reg. 1368 (Final) 2007 Stop Payments................................................................................... ..... 9 DE Reg. 1338 (Prop.) 2014.1 Definitions........................................................................................ ..... 9 DE Reg. 1370 (Final) 3001 Definitions........................................................................................... ..... 9 DE Reg. 1370 (Final) 3004.1.1 TANF Joint Custody..................................................................... ..... 9 DE Reg. 928 (Prop.) 9 DE Reg. 1235 (Final) 3006 TANF Employment and Training......................................................... ..... 9 DE Reg. 1033 (Prop.) 9 DE Reg. 1372 (Final) 3006.6 Senate Bill 101- 1999 and Employment & Training Activities....... ..... 9 DE Reg. 328 (Prop.) 9 DE Reg. 798 (Final) 4002 Resources 9 DE Reg. 1034 (Prop.) 9 DE Reg. 1374 (Final) 4004 Earned Income.................................................................................. ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 8028.1 Sources of Earned Income.............................................................. ..... 9 DE Reg. 930 (Prop.) 9 DE Reg. 1237 (Final) 9016.2 Obtaining Food Stamp Benefits 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9039.1 Thirty-Day Processing 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9041.1 Processing Standards 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9059 Income Exclusions.............................................................................. ..... 9 DE Reg. 60 (Prop.) 9 DE Reg. 426 (Final) 9 DE Reg. 477 (Errata) 9063.1 Anticipating Income 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9074 Self Employment Income................................................................... ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 9078.1 Residents of Drug/Alcohol Treatment and Rehabilitation Programs 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9079.1 Replacing Food Benefits Issued by Electronic Benefits Transfer (EBT)9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9075 Procedures for Calculating Income Which Can Be Annualized.......... ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 9093 Electronic Benefit Transfer (EBT)....................................................... ..... 9 DE Reg. 235 (Final) 11000 Child Care Subsidy Program............................................................ ..... 9 DE Reg. 175 (Prop.) 9 DE Reg. 572 (Final) 11002.9 Definitions and Explanation of Terms............................................ ..... 9 DE Reg. 931 (Prop.) 11003 Eligibility Requirements..................................................................... ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 11003.6 Income Limits 9 DE Reg. 931 (Prop.) 11003.7 Income Eligible Child Care 9 DE Reg. 931 (Prop.) 11003.91 Income 9 DE Reg. 931 (Prop.) 11003.93 Family Size 9 DE Reg. 931 (Prop.) 11004.4.2 Purchase of Care Plus (POC+) 9 DE Reg. 931 (Prop.) 11004.7.1 Child Care Fee Scale and Determination of Fee 9 DE Reg. 931 (Prop.) 11006.4 Provider Reimbursement 9 DE Reg. 931 (Prop.) 11006.4.6 Reimbursement 9 DE Reg. 931 (Prop.) 14100.4 Disposition of Application.............................................................. ..... 9 DE Reg. 319 (Prop.) 9 DE Reg. 775 (Final) 14960 Establishing a Cumulative Maximum on Pharmacy Co-Payments... ..... 9 DE Reg. 164 (Emer.) 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final) CUMULATIVE TABLES 15120 Low Income Families With Children Under Section 1931............... ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 16230 Financial Eligibility............................................................................ ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 17300 Qualified Medicare Beneficiaries .................................................... ..... 9 DE Reg. 168 (Prop.) 17300 Qualified Medicare Beneficiaries..................................................... ..... 9 DE Reg. 564 (Final) 20100.1 Long Term Care Nursing Facilities................................................ ..... 9 DE Reg. 509 (Prop.) 9 DE Reg. 978 (Final) 20103 Financial Eligibility Determination..................................................... ..... 9 DE Reg. 521 (Prop.) ............................................................................................................. ..... 9 DE Reg. 996 (Final) 20200 Excluded Income.............................................................................. ..... 9 DE Reg. 239 (Final) 20210 Types of Income............................................................................... ..... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 20310 Reparations...................................................................................... ..... 9 DE Reg. 239 (Final) 20310.1.1 Intent to Return........................................................................... ..... 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final) 20500.5.2 Lien Recovery Exception............................................................ ..... 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final) 20500.6.1 Exception to the Lien Policy....................................................... ..... 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final) 20620.3 Community Spouse Income Allowance/Home Maintenance Disregard 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final) 20700.4.5 Illness or Hospitalization............................................................. ..... 9 DE Reg. 522 (Prop.) 9 DE Reg. 998 (Final) 20810 Treatment of Couples in Medical Assistance.................................... ..... 9 DE Reg. 142 (Final) 20910 Medicaid Long Term Care, Definitions.............................................. ..... 9 DE Reg. 859 (Prop.) 20910.1 Institutionalized Spouse...................................................................... 9 DE Reg. 859 (Prop. 9 DE Reg. 1187 (Final) 20910.2 Community Spouse.......................................................................... 9 DE Reg. 859 (Final) 9 DE Reg. 1187 (Final) 20910.10 Community Spouse Resource Allowance.................................... ..... 9 DE Reg. 70 (Prop.) 20950 Initial Eligibility Determinations......................................................... ..... 9 DE Reg. 70 (Prop.) 50100.3 Transportation............................................................................... ..... 9 DE Reg. 860 (Prop.) 50400 Application Process.......................................................................... ..... 9 DE Reg. 860 (Prop.) 50700.2 Resources..................................................................................... ..... 9 DE Reg. 860 (Prop.) Refugee Cash Assistance.................................................................................. ..... 9 DE Reg. 930 (Prop.) State Plan for Child Care Development Fund for the period October 1, 2003through September 30, 2005 9 DE Reg. 167 (Prop.) Title XIX Medicaid State Plan Estate Recovery Program................................... ..... 9 DE Reg. 684 (Prop.) 9 DE Reg. 1074 (Final) Title XIX Medicaid State Plan: Attachment 2.6-A, Page 26a (New Page) and Supplement 13 to Attachment 2.6A;............................................................ ..... 9 DE Reg. 70 (Prop.) Title XIX Medicaid State Plan, Attachment 3.1-A, Page 5 Addendum, 5a Addendum, 5b Addendum.............................................................................................. ..... 9 DE Reg. 420 (Final) Title XIX Medicaid State Plan, Establishing a Cumulative Maximum on Pharmacy Copayments................................................................................................. ..... 9 DE Reg. 164 (Emer.) 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants........................................................................................................ ..... 9 DE Reg. 939 (Prop.) 9 DE Reg. 1239 (Final) 607 Defensive Driving Course Discount (Automobiles and Motorcycles)................ ..... 9 DE Reg. 524 (Prop.) 9 DE Reg. 944 (Prop.) 9 DE Reg. 1244 (Final) CUMULATIVE TABLES 702 Required Disclosures for Residential Homeowners.......................................... ..... 9 DE Reg. 438 (Final) 703 Prohibited Practices Related to the Nonrenewal of Residential Homeowners Policies ............................................................................................................. ..... 9 DE Reg. 196 (Prop.) 9 DE Reg. 593 (Final) 907 Records Relating to Consumer Complaints...................................................... ..... 9 DE Reg. 197 (Prop.) 9 DE Reg. 595 (Final) 1214 Senior Protection In Annuity Transactions...................................................... ..... 9 DE Reg. 693 (Prop.) 1214 Senior Protection In Annuity Transactions...................................................... ..... 9 DE Reg. 1081 (Final) 1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services..................................................................................................... ..... 9 DE Reg. 240 (Final) DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT AND TRAINING 106 Apprenticeship and Training Regulations................................................... ..... 9 DE Reg. 199 (Prop.) 9 DE Reg. 806 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY 104 Green Energy Fund Regulation.................................................................. ..... 9 DE Reg. 1125 (Prop.) DIVISION OF AIR & WASTE MANAGEMENT 1102 Permits...................................................................................................... ..... 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final) 1144 Control of Stationary Generator Emissions............................................... ..... 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final) 1125 Requirements for Preconstruction Review................................................ ..... 9 DE Reg. 246 (Final) 1201 Accidental Release Prevention Regulation............................................... ..... 9 DE Reg. 696 (Prop.) 9 DE Reg. 1375 (Final) DIVISION OF FISH & WILDLIFE Shellfish: 3210 Horseshoe Crab Reporting Requirements.......................................... ..... 9 DE Reg. 9 (Emer.) Tidal Finfish: 3507 Black Sea Bass Size Limit; Trip Limits; Seasons’ Quotas.................. ..... 9 DE Reg. 1139 (Prop.) 3511 Summer Flounder Size Limits; Possession Limits; Season................ ..... 9 DE Reg. 1139 (Prop.) DIVISION OF WASTE RESOURCES 7201 Storm Water Discharges Associated with Industrial Activities.................. ..... 9 DE Reg. 329 (Prop.) 9 DE Reg. 1250 (Final) DIVISION OF WATER RESOURCES 5102 Regulation Governing Beach Protection and the Use of Beaches .......... ..... 9 DE Reg. 737 (Prop.) 7203 Regulations Governing the Control of Water Pollution, Section 9.4, Concentrated Animal Feeding Operation.................................................... ..... 9 DE Reg. 440 (Final) 7410 TMDL’s for the Naamans Creek Watershed.............................................. ..... 9 DE Reg. 224 (Prop.) 9 DE Reg. 1002 (Final) 7411 TMDL’s for the Shellpot Creek Watershed................................................ ..... 9 DE Reg. 224 (Prop.) 7412 TMDL’s for the Chester River.................................................................... ..... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1102 (Final) 7413 TMDL’s for the Choptank River................................................................. ..... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final) 7414 TMDL’s for the Marshyhope Creek........................................................... ..... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final) 7415 TMDL’s for the Pocomoke River Watersheds........................................... ..... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final) CUMULATIVE TABLES DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 100 Board of Accountancy................................................................................. ..... 9 DE Reg. 1339 (Prop.) 300 Board of Architecture.................................................................................. ..... 9 DE Reg. 1142 (Prop.) 1100 Board of Dental Examiners....................................................................... ..... 9 DE Reg. 77 (Final) 9 DE Reg. 1036 (Prop.) 1400 Board of Electrical Examiners................................................................... ..... 9 DE Reg. 260 (Final) 9 DE Reg. 949 (Prop.) 9 DE Reg. 1252 (Final) 1900 Board of Nursing....................................................................................... ..... 9 DE Reg. 226 (Prop.) 9 DE Reg. 815 (Final) 2000 Board of Occupational Therapists............................................................. ..... 9 DE Reg. 598 (Final) 9 DE Reg. 1143 (Prop.) 2500 Board of Pharmacy................................................................................... ..... 9 DE Reg. 85 (Final) 9 DE Reg. 951 (Prop.) 9 DE Reg. 1253 (Final) 2930 Council on Real Estate Appraisers........................................................... ..... 9 DE Reg. 1040 (Prop.) 9 DE Reg. 1377 (Final) 3000 Board of Mental Health and Chemical Dependency Professionals........... ..... 9 DE Reg. 231 (Prop.) 9 DE Reg. 1106 (Final) 3100 Board of Funeral Services......................................................................... ..... 9 DE Reg. 262 (Final) 3500 Board of Examiners of Psychologists........................................................ ..... 9 DE Reg. 373 (Prop.) 9 DE Reg. 452 (Final) 9 DE Reg. 487 (Errata) 9 DE Reg. 1107 (Final) 3600 Board of Registration of Geologists.......................................................... ..... 9 DE Reg. 456 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers............................................................................... ..... 9 DE Reg. 964 (Prop.) 9 DE Reg. 1267 (Final) 3900 Board of Clinical Social Work Examiners.................................................. ..... 9 DE Reg. 265 (Final) 5200 Board of Nursing Home Administrators..................................................... ..... 9 DE Reg. 104 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 904 Exceptions to Tying Restrictions................................................................. ..... 9 DE Reg. 532 (Prop.) 9 DE Reg. 1004 (Final) PUBLIC SERVICE COMMISSION Reg. Docket No. 10, Sale, Resale and Other Provisions of Intrastate Telecommunications Services..................................................................... ..... 9 DE Reg. 375 (Prop.) 9 DE Reg. 1390 (Final) Reg. Docket No. 15, Concerning the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-Aid-Of Construction from Customers or Developers and the Proper Ratemaking Treatment for such Contributions and Advances ..................................................................... ..... 9 DE Reg. 1145 (Prop.) Reg. Docket No. 45, Development of Regulations for the Facilitation of Competitive Entry into the Telecommunications Local Exchange Servicemarket.............................................................................................. ..... 9 DE Reg. 375 (Prop.) 9 DE Reg. 1390 (Final) Reg. Docket No. 50, The Consideration of Rules, Standards, and Indices to Ensure Reliable Electrical Service by Electric Distribution Companies....... ..... 9 DE Reg. 756 (Prop.) Reg. Docket No. 52, Relating to the Aid of Rules to Govern Remedies Available in the Event of Alleged Beaches of Interconnection Agreements Between Regulation Docket Telecommunications Carriers......................... ..... 9 DE Reg. 1161 (Prop.) Reg. Docket No. 55, Regarding the Minimum Standards for Service Provided by Public Wastewater Utilities Subject to the Jurisdiction of the Delaware Public Service Commission.................................................................................... ..... 9 DE Reg. 105 (Final) Reg. Docket No. 56, Notice of Proposed Rule-making and Public Hearing Concerning Renewable Energy Portfolio Standards.................................... ..... 9 DE Reg. 1049 (Prop.) CUMULATIVE TABLES DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND POLICY Delaware Bicycle Facility Master Plan............................................................... ..... 9 DE Reg. 607 (Final) Delaware Safe Routes to School Regulations................................................... ..... 9 DE Reg. 1356 (Prop.) Development Related Improvements Requiring New Rights-of-Way................. ..... 9 DE Reg. 1361 (Prop.) Driver and Vehicle Services, Repeal of Certain Regulations............................. ..... 9 DE Reg. 1163 (Prop.) Standards and Regulations for Subdivision Streets and State Highway Access..... 9 DE Reg. 1360 (Prop.) GOVERNOR’S OFFICE APPOINTMENTS ......................................................................................................... ..... 9 DE Reg. 47 9 DE Reg. 268 9 DE Reg. 459 9 DE Reg. 620 9 DE Reg. 1008 9 DE Reg. 1274 EXECUTIVE ORDERS: 66, Establishing the Veterans Home Oversight Committee............................... ..... 9 DE Reg. 1395 68, Establishing the Health Disparities Task Force............................................ ..... 9 DE Reg. 144 69, Establishing a Committee to Recommend Options for Providing Additional Funding to, and Accelerating the Construction of, Needed Improvements Overseen by the Delaware Department of Transportation.. ..... 9 DE Reg. 145 70, State Employees and the Right to Organization and Effective Union Representation.................................................................................. ..... 9 DE Reg. 458 71, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Katrina and its Aftermath9 DE Reg. 620 72, Declaring a State of Emergency Due to Hurricane Katrina and its Aftermath... 9 DE Reg. 821 73, Establishing a Delaware Healthy Mother and Infant Consortium ................ ..... 9 DE Reg. 821 74, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Rita and Its Aftermath .. 9 DE Reg. 822 75, Establishing the Governor’s Mentoring Initiative.......................................... ..... 9 DE Reg. 822 76, Regarding Management of Labor Relations and Administrative Proceedings in State Government............................................................... ..... 9 DE Reg. 1006 77, Regarding State Employee Obligations and Compensation During Severe Weather Conditions and Emergencies........................................................ ..... 9 DE Reg. 1269 78, Regarding Implementation of Financial Management Measures for the Department of Transportation and the Transportation Trust Fund.............. ..... 9 DE Reg. 1271 79, Establishing a Governance Structure for the Delaware Veterans’ Home..... .. 9 DE Reg. 1272 80, Reallocation of State Private Activity Bond Volume Cap for Calendar Year 2005 and Initial Suballocation of State Private Activity Bond Volume Cap for Calendar Year 2006.................................................................................................... ..... 9 DE Reg. 1395 81, Continuing Equal Opportunity Hiring Standards and Practices for Delaware Government................................................................................................. ..... 9 DE Reg. 1396 ERRATA 1423 DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) ORDER Please Note: Due to a publication error in the March issue of the Register, the following final regulation is being republished. Paragraph 14 showed an incorrect figure of $500,000. The correct figure is $5,000.00. The correct version is published below: 4002.5 Excluded Resources The equity value of real and personal property owned by a family budget group cannot exceed $1,000.00. Resources excluded from the $1,000.00 resource limitation are: 1. The home which is the usual residence of the family budget group. FOR DELAWARE’S TEMPORARY ASSISTANCE TO NEEDY FAMILIES PROGRAM 2. Exclude the equity value of a primary automobile, up to the annually adjusted Food Stamp program's fair market value of vehicles which is excluded in determining the household resources. The excluded amount effective October 1996 is $4,650. The equity value is the difference between the automobile's fair market value and the amount still owed for it. The equity value in excess of $4,650.00 is counted towards the $1,000.00 resource limitation. The entire equity value of other automobiles owned by the individual is counted as a resource. NOTE: The fair market value of an automobile is determined by finding the car's trade in value in the NADA Used Car Guide. If the client disagrees with this valuation, he/she may obtain a statement of the car's value from a automobile dealer. FOR GENERAL ASSISTANCE One automobile, the equity value of which does not exceed $1,500.00. The equity value is the difference between the automobile's fair market value and the amount still owed on it. The equity value in excess of $1,500.00 is counted towards the $1,000.00 resource limitation. The entire equity value of other automobiles owned by the individual is counted as a resource. The increased value of a motor vehicle specially equipped with devices for the handicapped is not counted. Farm vehicles that are used to produce income are excluded from consideration as a resource. 3. One burial plot for each member of the assistance unit. 4. Bona fide funeral agreements (e.g., pre paid burial contracts) up to a total of $1,500.00 for each member of the budget group. NOTE: If a funeral agreement valued in excess of $1,500.00 includes both prepaid burial expenses and a burial plot, the worker will require that the client provide an itemized statement of the estimated value of the plot and the expenses. The value of the burial plot is an excluded resource and will be considered separately from the value of the prepaid expenses. 5. Basic maintenance items essential for day-to-day living such as clothes, furniture, and other similarly essential items. 6. For a period not to exceed six months, real property that is not used as a residence (see DSSM 4002.6). 7. Tools and equipment necessary to produce income in a self employment enterprise, even if the 1424 ERRATA owner is not engaged in business currently, but plans to continue it at a future date. 8. Federal major disaster and emergency assistance provided to individuals and families and comparable disaster assistance provided by State, local governments, and disaster assistance organizations under P.L. 100 707. "Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. "Major Disaster" means any natural catastrophe...which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts of available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. 9. Restitution made to United States' citizens and permanent resident aliens of Japanese ancestry who were interned during World War II pursuant to Title I of P.L. 100-383. 10. Restitution made by any Aleut who was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands during World War II pursuant to Title II of P.L. 100 383. 11. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). 12. Earned Income Tax Credits (EITC), including Advance EITC. Applicants: Disregard as a resource EITC payments received in the month of application or in the month preceding the month of application. Any remaining EITC amounts received before this period are a resource. Recipients: Disregard as a resource for the month in which the EITC is received and the following month. After this period, any remaining amounts are a resource. 13. Cash Value of Life Insurance Policies 14. The designated Education and Business Investment Account (EBIA) is excluded up to the $5,000.00 maximum. In addition to the current resource limit, Delaware’s Temporary Assistance For Needy Families Program (TANF” and General Assistance (GA) Program families will be allowed to establish special Education and Business Investment Accounts (EBIA) of up to $5,000.00, including interest. Do not consider funds in such accounts as a resource for TANF, GA or Food Stamp purposes. Withdrawals from such accounts must be for approved purposes. If funds are withdrawn for non-approved purposes, count the money as a resource in the month received. Approved reasons for withdrawal of funds for self-sufficiency needs include education expenses, employment start-up needs, entrepreneurship, and to purchase a vehicle or home. If staff are unsure if the withdrawal meets an approved purpose, contact the policy unit for clarification. Furthermore, a Saving for Education, Entrepreneurship and Downpayment (SEED) accounts is considered an EBIA account and is excluded up to the $5,000.00 limit 9 DE Reg. 1374 (03/01/06) PROPOSED REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least two Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DEPARTMENT OF AGRICULTURE DELAWARE FOREST SERVICE Statutory Authority: 3 Delaware Code, Sections 1008 and 1011 (3 Del.C. §§1008 and 1011) 3 DE Admin. Code 402 PUBLIC NOTICE The State of Delaware Department of Agriculture Forest Service proposes these amended regulations pursuant to 3 Del.C. §§1008 and 1011. These proposed amended regulations are intended to clarify the duties of the Department’s personnel and the responsibilities of the visitors to the State Forests. Copies of the proposed amended regulations may be obtained from the Delaware Department of Agriculture by calling 1-800-282-8685, by writing to the Delaware Department of Agriculture, Forestry Administrator at 2320 S. DuPont Hwy., Dover, DE 19901, or visiting the Register of Regulations website at http:// www.delregs.state.de.us/index.html. Public comments may be submitted in writing or in person to Austin Short, Forestry Administrator, during the 30-day public comment period which commences with the promulgation of these proposed, amended regulations on April 1, 2006. 402 State Forest Regulations 1.0 Authority 1.1 These regulations are promulgated pursuant to the delegation of authority to the Department of Agriculture by the General Assembly found in 3 Del.C. Sections 1008 and 1011. 2.0 Purpose 2.1 The State Forests of Delaware are open to members of the public for all legal forms of recreation and their enjoyment. Most legal forms of non-motorized recreation are permitted. The following regulations were developed to ensure that these publicly owned lands are conserved, protected, and maintained for the benefit of all. PROPOSED REGULATIONS 3.0 Construction 3.1 No regulation herein shall be interpreted or construed in such a manner as to prevent or delay authorized personnel of the Department or other state, county, or municipal agencies from completing official duties or emergency response. 3.2 In special circumstances, events, or emergencies, the Secretary or Forestry Administrator may, when it is deemed to be in the public interest, waive a specific regulation or fee. 3.3 Failure to enforce a specific regulation at a particular instance or instances shall not affect the validity of any other regulation or affect the validity of such regulation at any other time. 3.0 4.0 Definitions 3.14.1 “Department” is the Delaware Department of Agriculture 3.24.2 “DFS” is the Delaware Forest Service 3.34.3 “DNREC” is the Delaware Department of Natural Resources and Environmental Control 4.4 “Secretary” is the Secretary of the Delaware Department of Agriculture 4.5 “State Business Hours” are 8:00 a.m. to 4:30 p.m. on Monday through Friday, except for state holidays. 4.0 5.0 General Rules and Regulations 5.1 In order to promote the safety and welfare of State Forest visitors and protect and manage property in the State Forests, the Secretary and Forestry Administrator shall have the authority to develop reasonable policies for State Forests that are not in conflict with 3 Del.C. Ch. 10 and these regulations. These policies must be approved by the Secretary and posted in a conspicuous location in the State Forest prior to their becoming effective. Copies of all policies shall also be maintained in the State Forest office. 5.2 Violation of any State Forest policy shall be grounds for eviction from the State Forest and the denial, revocation, or suspension of any permit issued or privilege granted by the Department. 5.3 The Department shall have the authority to enforce safety rules and/or policies developed in accordance with 5.1 of these Regulations for the protection of visitors and property. 5.4 State Forests are open to most forms of non-motorized recreational uses. 4.7 5.5 Many State Forest access roads are closed to vehicular travel, unless otherwise indicated, to improve the quality of recreation and to reduce littering. Where vehicular traffic is permitted, the speed limit is ten (10) miles per hour unless otherwise posted. These roads and trails are open to pedestrian and non-vehicular travel only. Non-pedestrian traffic (e.g. horseback riding and mountain biking) is restricted to access roads and trails, unless otherwise noted. In addition, vehicle use of tax ditches right-of-ways is unlawful. Furthermore, no off-highway vehicles or all-terrain vehicles, either registered or non-registered, are permitted The only exception to this rule applies to except those off-highway vehicles owned, operated, and/or authorized by the Delaware Forest Service (DFS). Violators will be prosecuted for trespassing. 4.6 5.6 All State Forest boundaries are well marked with metal signs and/or yellow paint on boundary line trees, brushed-out paths, or with a combination of all three features. Therefore, boundary lines should be easy to identify. State Forest visitors should avoid must not trespass or encroachment upon adjoining private lands by staying within boundaries of State Forest lands. 4.1 5.7 No living trees, shrubs, or other vegetation may be cut, felled, uprooted, removed, or otherwise injured or destroyed, unless written permission has first been obtained from the forest officer in charge. 4.2 5.8 Fires are prohibited for any purpose on State Forest lands other than in designated areas. Written permission must be obtained in advance for fires on State Forest lands outside of designated areas. Any such authorized fire must, at all times, be under the direct supervision and care of a competent adult, and must be thoroughly extinguished before the fire site is abandoned. 4.3 5.9 The dumping or depositing of rubbish, trash, paint, household items, or other debris, or any other materials and activities that could result in the depositing of such materials, such as paintball and geo-caching, are also is prohibited. The placing placement of advertisement signs within State Forests are is prohibited. 4.4 5.10 For the sake of sanitation and attractiveness, Persons using public camp and picnic sites are required to deposit all waste paper, tin cans trash and other refuse in the proper containers, if provided. Where PROPOSED REGULATIONS containers are not provided, users must properly dispose of all refuse off State Forest lands. 4.5 5.11 Writing upon, mutilating, carving, and otherwise defacing trees, buildings, structures, signs, and official notices is prohibited. 4.8 5.12 With the exception of animals permitted under lawful hunting regulations, all animals must be under the continuous control of the owner(s) unless otherwise authorized in writing by the Forestry Administrator. All dogs must be leashed, unless covered by the exception above. State Forest visitors are responsible for the conduct and any damages, either personal or property, caused by their animals. 5.13 Dog training is permitted on State Forest lands; however, the dog owner(s) must notify DFS personnel in the local State Forest office prior to the training. 4.9 5.14 Entry to State Forest lands is prohibited from sunset to sunrise, except for lawful hunting, permitted camping, permitted Redden Lodge use, or as otherwise permitted in writing by the DFS. 4.10 5.15 Fishing on State Forest lands is limited to catch and release only. 5.16 Visitors must park in designated areas only and within those designated areas, they must not block gates to State Forest access roads. 5.17 Alcoholic beverages are prohibited on State Forest lands except within the Redden Lodge, if and only if, authorized in writing by the DFS. 6.0 Redden State Forest Lodge 6.1 Maximum Lodge capacity is 45 persons (overnight use). 6.2 The organization or individual renting the Lodge must be at least 21 years of age and provide a minimum of one adult supervisor per ten youths. Youth are defined as persons under18 years of age and adults as having reached the age of 21. 6.3 The use or possession of illegal drugs is strictly prohibited. Additionally, Alcoholic beverages are prohibited (unless approved in writing by the DFS). Smoking and the use of other tobacco products are prohibited inside the Lodge. Users must deposit tobacco products in the outside receptacles provided. 6.4 Unauthorized heating or cooling equipment is prohibited in the Lodge. The fire alarm system is designed for the protection of all those who use the Lodge and the structure itself. Any misuse or intentional activation of this and other alarms is strictly prohibited and legal action(s) will be taken pursuant to Delaware Code. 6.5 The use or possession of firearms or other weapons (except as permitted for legal hunting outside the safety zone, or as approved in writing by the Delaware Forest Service DFS), etc., is strictly prohibited. 6.6 No outside fires may be started at any time in the vicinity of the Lodge, except in the permanent grills installed on site and the fire pit area, or as approved in writing by the Delaware Forest Service DFS. 6.7 Service dogs are permitted; no other pets shall be permitted within or near the Lodge. 6.8 An adequate supply of firewood will be provided and placed on the back porch.. Please do not retrieve additional wood from the shed/storage area. No charcoal, wax logs, or other materials shall be used in the fireplaces. 6.9 No sleeping facilities are provided at the Lodge. There are cooking facilities and tables and chairs for eating. There are no pots, pans, dishes, or serving articles. Do not move any furniture or fixtures. Folding tables and chairs are not permitted outside the Lodge. 6.10 The telephone at the Lodge is provided for emergencies, local calls, and credit card or collect long distance calls and are only for use by adults, except in emergencies. You must dial 9 before placing any call. The number for the Lodge phone is (302) 856-5939, and incoming calls can be received. Please remember this telephone is only to be used when necessary and are not for social calls. It is the responsibility of the applicant to honor these restrictions and inform all lodge users of the telephone restrictions. If the telephone restrictions are not honored, the Delaware Forest Service DFS reserves the right to remove the telephone at any time. 6.11 Any alteration of the Lodge is strictly prohibited, such as but not limited to moving the furniture, using nails, screws, tape, etc., or discharging fire extinguishers except in the case of fire. 6.1112 Lodge Rental Fees, Reservations, Deposits, and Cancellations 6.1112.1 Reservations shall be made on a first-come, first-served basis. To secure a reservation, a completed application and the full Lodge user fee must be received at least 120 days prior to the PROPOSED REGULATIONS desired reservation date. 6.1112.2 A security-damage deposit in the amount of $100.00 must be received at the time of check-in. If the security-damage deposit is not paid prior to check-in, the person/group/organization will not be permitted use of the lodge. The security-damage deposit will be returned within 5 days after check-out, if the lodge is found in good condition. If the lodge is not found in good condition, an itemized list of charges will be provided to the person/group/organization 6.1112.3 Cancellation policy: Reservations must be canceled at least fifteen (15) working days prior to the arrival date. If this cancellation policy is not followed, the reservation deposit will be forfeited. The security-damage deposit will be refunded for all cancellations. 6.1112.4 Types of Use 6.1112.4.1 Daily: 9:00 a.m. - 3:00 p.m. 6.1112.4.2 Evening: 4 p.m. - 10 p.m. 6.1112.4.3 Weekend: Friday 4 p.m. - Sunday 10 p.m. 6.1112.4.4 Weekday Overnight: 4 p.m. - 8 a.m. 6.1112.5 Lodge Rental Fees: Lodge user fees shall be as follows: 6.1112.5.1 May 1 to September 30 6.1112.5.1.1 $75 $90 Daily, Evening Use, and Weekday Overnight 6.1112.5.1.2 $200 $225 Weekend Use 6.1112.5.2 October 1 to April 30 (Increased fees due to heating expenses) 6.1112.5.2.1 $85 $100 Daily, Evening Use, and Weekday Overnight 6.1112.5.2.2 $225 $250 Weekend Use 6.1112.5.3 Checks should be made payable to: Department of Agriculture. 6.1112.5.4 Payments and application should be mailed to: Redden State Forest 18074 Redden Forest Drive Georgetown, DE 19947 (302)856-2893 weekdays 8:00 a.m. - 4:30 p.m. 5.0 7.0 Camping Rules and Regulations 57.1 Camping is free-of-charge, year round, but restricted to map-designated campsites. A forest use permit is required for all camping on State Forest lands. Permits are available at State Forest offices during state business hours or from information boxes located at each State Forest office. Completed permits must be submitted during office hours to ensure campsite availability. 57.2 Campsites are on a first-come, first-served basis and reservations may be accepted for special occasions are required. 57.3 Campsites are of a primitive type, and are to be used ONLY for tent, van or pickup campers. Travel trailers and /or self-propelled motor homes are excluded due to access and parking limitations, unless otherwise noted. 57.4 There are a limited number of campsites, each is large enough to accommodate large families. These are equipped with tables, fire pits, charcoal grills and a trash barrel. Campsites are limited to a maximum number of 25 ten (10) people per site, with a maximum stay of three nights per week. Camper(s) must remove their trash upon vacating their campsite. 57.5 Camping is at your own risk. State Forests are a public use area and there is no after-hours, nighttime or weekend security. Law enforcement is provided by the Delaware State Police should the need arise. 57.6 State forests are “multiple-use facilities”, which means other activities will continue while you camp. These activities include: hunting, picnicking, hiking, nature study, horseback riding, firewood cutting (by permit only), and timber harvesting. The DFS reserves the right to limit or deny permits during times of conflicting use. 57.7 Firewood for camp use is available at the campsites. If more firewood is needed, it may be gathered locally from dead and downed trees. No standing trees or shrubs are to be cut. Using firewood located at PROPOSED REGULATIONS the office complex is prohibited. Campfires are to be in established fire rings only. 57.8 Campsites are to be left clean and all fires are to be extinguished before departing from the area. 7.0 8.0 Hunting Rules and Regulations 7.8.1 State Forests are year-round multiple use areas. Hunters share the use of State Forest lands with other public users such as hikers, campers, horseback riders, firewood cutters, and loggers. 7.8.2 No special permits are required to hunt on State Forest lands, except as specified in the DNREC, Division of Fish and Wildlife annual hunting manual. Properly licensed hunters may hunt during any open season except on areas otherwise designated, such as those marked with Wildlife Sanctuary, NO HUNTING, or Safety Zone signs. 7.3 Parking is available on all State Forest tracts. 7.48.3 No permanent deer stands, platforms, ladders, or blinds may be constructed. No screw-in tree steps, spikes, screws, or nails are allowed. 7.58.4 Deer drives by any person or persons are not permitted on any State Forest land at any time. 7.68.5 Small game hunting is closed on State Forest lands during firearm deer seasons. 7.78.6 The DFS reserves the right to close to hunting specific State Forest tracts to hunting during specific hunting seasons. Therefore, it is important to consult the current hunting guide for a listing of these closures. 7.88.7 Trapping rights may be leased for State Forest lands. No other trapping is permitted on State Forest lands. 7.98.8 Target shooting is prohibited. Firearms are allowed for legal hunting only and are otherwise prohibited on State Forest lands. from March 1 through August 31. 7.108.9 Waterfowl hunting is not permitted on State Forest land or waters. 8.10 Squirrel hunting is not allowed with a rifle or muzzleloading rifle. Squirrel hunting with a shotgun is permitted. 78.11 The following hunting restrictions apply to several those tracts of Blackbird State Forest lands as specified in the DNREC, Division of Fish and Wildlife annual hunting manual. Maps delineating these areas are available at Blackbird State Forest headquarters or by calling (302)653-6505 offices. 78.11.1 All deer hunting is limited to numbered stands. 78.11.2 For shotgun season stands will be chosen in a pre-season lottery. To apply for a stand during the shotgun season fill out the application in the Delaware Hunting and Trapping Guide. For leftover stands there will be a daily lottery held at the Blackbird local State Forest Headquarters office, 1-2 hours before legal hunting time. 78.11.3 For Muzzleloader season there will be a daily lottery held at the Blackbird local State Forest Headquarters office located on the Tybout Tract on Blackbird Forest Rd. (Rd. 471), 1-2 hours before legal hunting time. 78.11.4 All hunters on these tracts, during shotgun and muzzleloader season, must only hunt from their designated stand only, as walk around hunting is not permitted. 78.11.5 During Archery season bowhunters must be within 50 yards of their designated stand. 78.11.6 Stands will be available during Archery season on a first-come, first-served basis. 78.11.7 No more than one hunter may hunt from a stand at any one time. 7.12 These special hunting restrictions apply to the Tybout tract of Blackbird State Forest: 7.13.1 Squirrel hunting is not allowed with rifle or muzzleloading rifle, shotgun squirrel hunting is permitted. 7.14.1 Dog training is prohibited at all times. 8.0 9.0 Forest Use Permits 89.1 Forest use permits on State Forests are issued on a first-come, first-served basis and are required for camping, firewood cutting, lodge rental (Redden State Forest), organized special events, and pavilion reservation (Blackbird State Forest only). Upon arrival at the Facility users are required to fill out submit a completed Forest Use Permit (Doc. No. 65-04-02/87/10/03) during state business hours. Under special PROPOSED REGULATIONS circumstances Facilities may be applied for are to be reserved in advance. 89.2 Items to be filled out by all applicants include: 89.2.1 Date of application 89.2.2 Time of application submission Date(s) of proposed use 89.2.3 Applicants’ full name 89.2.4 Applicants’ address, city, state, zip code 9.2.5 Copy of valid driver’s license 89.3 Camping: 89.3.1 Individual or group permit 89.3.2 Number of persons camping 89.3.3 The name of organization (if applicable) 89.3.4 Vehicle make, model, color, and license number 89.3.5 Permit effective date & termination date 89.3.6 Applicants= signature and date 89.4 Group Users/Special Events: 89.4.1 The name of the person in charge 89.4.2 The name of organization 89.4.3 Number in the group 89.4.4 Permit effective date 89.4.5 Permit termination date 89.4.6 Facility used: 89.4.6.1 Camping 89.4.6.2 Picnic shelter 89.4.6.3 Nature study area 89.4.6.4 Other 89.4.6.5 Applicants’ signature 89.5 Firewood Permits: 89.5.1 Firewood permits are required to harvest firewood on State Forest lands and are issued at the discretion of the State Forest DFS staff. When available, these permits are issued on a first-come, first-served basis. There is a fee of $20 $100 for firewood permits, which allows the holder to cut two standard pickup loads of firewood for three days within areas designated and posted by DFS staff. No trees are to be felled; only downed wood may be cut. Designated firewood cutting areas will be delineated by State Forest employees and posted as such. Wood is not for resale. 9.0 10.0 Department Enforcement Regulations 10.1 The violation of, or the refusal to obey, any law, these regulations, State Forest policies or the terms or conditions of any permit issued or privilege granted by the Department shall be grounds for the suspension or revocation of any permit issued or privilege granted by the Department, the removal or eviction from State Forest lands and/or the denial of future entry to, or the denial of future permits or privileges within State Forests. Any and all applicable permit fees shall be forfeited to, and retained by, the Department. Any such suspension, revocation, removal, eviction or the denial of entry, permit or privilege shall not preclude the prosecution of any person for violation of any law or these regulations. 9.110.2 Whoever violates any of the foregoing regulations shall be deemed to have committed an unclassified misdemeanor and shall be fined not less than $25 nor more than $250 and be required to pay all applicable court costs. For each subsequent violation, within three years of a previous conviction, the violator shall be fined not less than $50 nor more than $500 and be required to pay all applicable court costs. In addition to such fines and court costs, a violator who is convicted of damaging, destroying, or removing property owned and maintained by the State Forest Service, shall be required to make restitution to the Department for the replacement or restoration of such property. 9.210.3 Justices of the Peace throughout the State shall have jurisdiction over alleged violations of these State Forest Regulations; however, any violator shall, upon arrest, be taken to the nearest available Justice of the PROPOSED REGULATIONS Peace in the county where such violation is alleged to have occurred, or in lieu thereof, be provided with an assessment form for the voluntary payment of fines. 9.310.4 Notwithstanding the immediate preceding subsection, a forest service duly authorized peace officer making an arrest for a violation of these regulations may issue a summons requiring the violator to appear in person at a subsequent date at the Justice of the Peace Court nearest to the place of arrest and during the regularly scheduled hours of the Court. 9.4 After payment for fines and costs, if any, is received by the Department of Justice or Justice of the Peace Court, the Department or the Court shall mail a receipt indicating payment for such fine if the violator paying such fine makes a written request for a receipt and encloses a self-addressed envelope with proper postage affixed thereon. Delaware Forest Service Forest Use Permit Application Date(s) of use ____________________________ Permit No._____ Application For: __ Firewood __Camping __ Other (explain) ____________________________________ Drivers license No. ________________________Expiration Date________________Issuing State_______ Location ___ Blackbird State Forest No. in group ___ Redden State Forest ___ Taber State Forest Name_____________________________________________________________________________________ First MI Last Address____________________________________________________________________________________ Street/P.O. Box City State Zip Code Phone No. ( ) Phone No. ( ) Home Work Vehicle Information ___________________________________________________________________________ Year/Make/Mode Color Tag No. Effective Date _________________ Expiration Date ________________Fee $_______________ Comments In exercising the above-described use, I agree to abide by all of the regulations of the Delaware Forest Service (DFS), including but not limited to, those attached to this application, as well as the instructions of the undersigned DFS personnel. I fully understand that the State has neither commercially-procured insurance nor self-insurance to cover any injury, risk or loss which occurs in the State Forest and that the State is immune from any and all liability from any such injury, risk or loss. In consideration of the granting of the permit, I agree to waive any and all claims arising out of the above-described use which may accrue to myself and/or to anyone else in my custody and control, and I further agree to indemnify the State and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damages to property arising out of any occurrence in the State Forest. APPROVED: SIGNATURE OF DFS PERSONNEL Date PROPOSED REGULATIONS SIGNATURE OF APPLICANT Date Note: Any violation of the State Forest rules and regulations will result not only cancellation of this permit, but may also result in possible arrest and fines. This permit is to be kept in applicant’s vehicle or on his/her person and must be produced at the request of any forest officer. This permit is subject to cancellation by the state forester at any time for just cause. Authority: 3 Del.C. Ch. 10. Sections 1008 and 1011. 6 DE Reg. 517 (10/1/02) 6 DE Reg. 1201 (3/1/03) HARNESS RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C., §10005) 3 DE Admin. Code 501 NOTICE OF PUBLIC HEARING The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change rules 8.3.6.1.1 to permit the administration of phenylbutazone to horses of any age. The Commission will hold a public hearing on the proposed rule change on April 25, 2006. Written comments should be sent to Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. 501 Harness Racing Rules and Regulations (Break in Continuity of Sections) 8.0 Veterinary Practices, Equine Health Medication (Break in Continuity of Sections) 8.3 Medications and Foreign Substances Foreign substances shall mean all substances, except those which exist naturally in the untreated horse at normal physiological concentration, and shall include all narcotics, stimulants, depressants or other drugs or medications of any type. Except as specifically permitted by these rules, no foreign substance shall be carried in the body of the horse at the time of the running of the race. Upon a finding of a violation of these medication and prohibited substances rules, the State Steward or other designee of the Commission shall consider the classification level of the violation as listed at the time of the violation by the Uniform Classification Guidelines of Foreign Substances as promulgated by the Association of Racing Commissioners International and shall consider all other relevant available evidence including but not limited to: i) whether the violation created a risk of injury to the horse or driver; ii) whether the violation undermined or corrupted the integrity of the sport of harness racing; iii) whether the violation misled the wagering public and those desiring to claim the horse as to the condition and ability of the horse; iv) whether the violation permitted the trainer or licensee to alter the performance of the horse or permitted the trainer or licensee to gain an advantage over other horses entered in the race; v) the amount of the purse involved in the race in which the violation occurred. The State Steward may impose penalties and disciplinary measures consistent with the recommendations contained in subsection 8.3.2 of this section. 8.3.1 Uniform Classification Guidelines The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the Commission Veterinarian and the racing secretary. 8.3.1.1 Class 1 PROPOSED REGULATIONS Opiates, opium derivatives, synthetic opiates, psychoactive drugs, amphetamines and U.S. Drug Enforcement Agency (DEA) scheduled I and II drugs. Also found in this class are drugs which are potent stimulants of the nervous system. Drugs in this class have no generally accepted medical use in the race horse and their pharmacological potential for altering the performance of a race is very high. 8.3.1.2 Class 2 Drugs in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the race horse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a race horse. The following groups of drugs are in this class: 8.3.1.2.1 Opiate partial agonist, or agonist-antagonists; 8.3.1.2.2 Non-opiate psychotropic drugs, which may have stimulant, depressant, analgesic or neuroleptic effects; 8.3.1.2.3 Miscellaneous drugs which might have a stimulant effect on the central nervous system (CNS); 8.3.1.2.4 Drugs with prominent CNS depressant action; 8.3.1.2.5 Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects; 8.3.1.2.6 Muscle blocking drugs which have a direct neuromuscular blocking action; 8.3.1.2.7 Local anesthetics which have a reasonable potential for use as nerve blocking agents (except procaine); and 8.3.1.2.8 Snake venoms and other biologic substances which may be used as nerve blocking agents. 8.3.1.3 Class 3 Drugs in this class may or may not have an accepted therapeutic use in the horse. Many are drugs that affect the cardiovascular, pulmonary and autonomic nervous systems. They all have the potential of affecting the performance of a race horse. The following groups of drugs are in this class: 8.3.1.3.1 Drugs affecting the autonomic nervous system which do not have prominent CNS effects, but which do have prominent cardiovascular or respiratory system effects (bronchodilators are included in this class); 8.3.1.3.2 A local anesthetic which has nerve blocking potential but also has a high potential for producing urine residue levels from a method of use not related to the anesthetic effect of the drug (procaine); 8.3.1.3.3 Miscellaneous drugs with mild sedative action, such as the sleep inducing antihistamines; 8.3.1.3.4 Primary vasodilating/hypotensive agents; and 8.3.1.3.5 Potent diuretics affecting renal function and body fluid composition. 8.3.1.4 Class 4 This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following: 8.3.1.4.1 Non-opiate drugs which have a mild central analgesic effect; 8.3.1.4.2 Drugs affecting the autonomic nervous system which do not have prominent CNS, cardiovascular or respiratory effects 8.3.1.4.2.1 Drugs used solely as topical vasoconstrictors or decongestants 8.3.1.4.2.2 Drugs used as gastrointestinal antispasmodics 8.3.1.4.2.3 Drugs used to void the urinary bladder 8.3.1.4.2.4 Drugs with a major effect on CNS vasculature or smooth PROPOSED REGULATIONS muscle of visceral organs. 8.3.1.4.3 Antihistamines which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in Class 5); 8.3.1.4.4 Mineralocorticoid drugs; 8.3.1.4.5 Skeletal muscle relaxants; 8.3.1.4.6 Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include: 8.3.1.4.6.1 Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)--aspirin-like drugs; 8.3.1.4.6.2 Corticosteroids (glucocorticoids); and 8.3.1.4.6.3 Miscellaneous anti-inflammatory agents. 8.3.1.4.7 Anabolic and/or androgenic steroids and other drugs; 8.3.1.4.8 Less potent diuretics; 8.3.1.4.9 Cardiac glycosides and antiarrhythmics including: 8.3.1.4.9.1 Cardiac glycosides; 8.3.1.4.9.2 Antiarrhythmic agents (exclusive of lidocaine, bretylium and propanolol); and 8.3.1.4.9.3 Miscellaneous cardiotonic drugs. 8.3.1.4.10 Topical Anesthetics -- agents not available in injectable formulations; 8.3.1.4.11 Antidiarrheal agents; and 8.3.1.4.12 Miscellaneous drugs including: 8.3.1.4.12.1 Expectorants with little or no other pharmacologic action; 8.3.1.4.12.2 Stomachics; and 8.3.1.4.12.3 Mucolytic agents. 8.3.1.5 Class 5 Drugs in this category are therapeutic medications for which concentration limits have been established as well as certain miscellaneous agents. Included specifically are agents which have very localized action only, such as anti-ulcer drugs and certain antiallergic drugs. The anticoagulant drugs are also included. 8.3.2 Penalty Recommendations The following penalties and disciplinary measures may be imposed for violations of these medication and prohibited substances rules: 8.3.2.1 Class 1 -in the absence of extraordinary circumstances, a minimum license revocation of eighteen months and a minimum fine of $5,000, and a maximum fine up to the amount of the purse money for the race in which the infraction occurred, forfeiture of the purse money, and assessment for cost of the drug testing. 8.3.2.2 Class 2 -in the absence of extraordinary circumstances, a minimum license revocation of nine months and a minimum fine of $3,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for cost of the drug testing. 8.3.2.3 Class 3 -in the absence of extraordinary circumstances, a minimum license revocation of ninety days, and a minimum fine of $3,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for cost of the drug testing. 8.3.2.4 Class 4 -in the absence of extraordinary circumstances, a minimum license revocation of thirty days, and a minimum fine of $2,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for the cost of the drug testing. 8.3.2.5 Class 5 -Zero to 15 days suspension with a possible loss of purse and/or fine and assessment for the cost of the drug testing. PROPOSED REGULATIONS 8.3.2.6 In determining the appropriate penalty with respect to a medication rule violation, the State Steward or other designee of the Commission may use his discretion in the application of the foregoing penalty recommendations, and shall consult with the Commission veterinarian and/or the Commission chemist to determine the seriousness of the laboratory finding or the medication violation. Aggravating or mitigating circumstances in any case should be considered and greater or lesser penalties and/or disciplinary measures may be imposed than those set forth above. Specifically, if the State Steward or other designee of the Commission determine that mitigating circumstances warrant imposition of a lesser penalty than the recommendations suggest, he may impose a lesser penalty. If the State Steward or other designee of the Commission determines that aggravating circumstances require imposition of a greater penalty, however, he may only impose up to the maximum recommended penalty, and must refer the case to the Commission for its review, with a recommendation for specific action. Without limitation, the presence of the following aggravating circumstances may warrant imposition of greater penalties than those recommended, up to and including a lifetime suspension: 8.3.2.6.1 Repeated violations of these medication and prohibited substances rules by the same trainer or with respect to the same horse; 8.3.2.6.2 Prior violations of similar rules in other racing jurisdictions by the same trainer or with respect to the same horse; or 8.3.2.6.3 Violations which endanger the life or health of the horse. 8.3.2.6.4 Violations that mislead the wagering public and those desiring to claim a horse as to the condition and ability of the horse; 8.3.2.6.5 Violations that undermine or corrupt the integrity of the sport of harness racing. 8.3.2.7 Any person whose license is reinstated after a prior violation involving class 1 or class 2 drugs and who commits a subsequent violation within five years of the prior violation, shall absent extraordinary circumstances, be subject to a minimum revocation of license for five years, and a minimum fine in the amount of the purse money of the race in which the infraction occurred, along with any other penalty just and reasonable under the circumstances. 8.3.2.7.1 With respect to Class 1, 2 and 3 drugs detect in a urine sample but not in a blood sample, and in addition to the foregoing factors, in determining the length of a suspension and/or the amount of a fine, or both, the State Steward or judges may take in consideration, without limitation, whether the drug has any equine therapeutic use, the time and method of administration, if determined, whether more than one foreign substance was detected in the sample, and any other appropriate aggravating or mitigating factors. 8.3.2.8 Whenever a trainer is suspended more than once within a two-year period for a violation of this chapter regarding medication rules, any suspension imposed on the trainer for any such subsequent violation also shall apply to the horse involved in such violation. The State Steward or judges may impose a shorter suspension on the horse than on the trainer. 8.3.2.9 At the discretion of the State Steward or other designee of the Commission, a horse as to which an initial finding of a prohibited substance has bee made by the Commission chemist may be prohibited from racing pending a timely hearing; provided, however, that other horses registered under the care of the trainer of such a horse may, with the consent of the State Steward or other designee of the Commission be released to the care of another trainer, and may race. 8.3.3 Medication Restrictions 8.3.3.1 Drugs or medications in horses are permissible, provided: 8.3.3.1.1 the drug or medication is listed by the Association of Racing Commissioners International's Drug Testing and Quality Assurance Program; and 8.3.3.1.2 the maximum permissible urine or blood concentration of the drug or medication does not exceed the limit established in theses Rules or otherwise approved and published by the Commission. 8.3.3.2 Except as otherwise provided by this chapter, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this chapter during the 24-hour period before post time for the race in which the horse is entered. Such administration shall result in the horse being scratched from the race and may PROPOSED REGULATIONS result in disciplinary actions being taken. 8.3.3.3 A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: 8.3.3.3.1 drugs or medications for which no acceptable levels have been established in these Rules or otherwise approved and published by the Commission. 8.3.3.3.2 therapeutic medications in excess of acceptable limits established in these rules or otherwise approved and published by the Commission. 8.3.3.3.3 Substances present in the horse in excess of levels at which such substances could occur naturally and such prohibited substances shall include a total carbon dioxide level of 37 mmol/L or serum in a submitted blood sample from a horse or 39 mmol/L if serum from a horse which has been administered furosemide in compliance with these rules, provided that a licensee has the right, pursuant to such procedures as may be established from time to time by the Commission, to attempt to prove that a horse has a naturally high carbon dioxide level in excess of the above-mentioned levels; and provided, further, that an excess total carbon dioxide level shall be penalized in accordance with the penalty recommendation applicable to a Class 2 substance. 8.3.3.3.4 substances foreign to a horse at levels that cause interference with testing procedures. The detection of any such substance is a violation, regardless of the classification or definition of the substance or its properties under the Uniform Classification Guidelines for Foreign Substances. 8.3.3.4 The tubing, dosing or jugging of any horse for any reason within 24 hours prior to its scheduled race is prohibited unless administered for medical emergency purposes by a licensed veterinarian, in which case the horse shall be scratched. The practice of administration of any substance via a naso-gastric tube or dose syringe into a horse's stomach within 24 hours prior to its scheduled race is considered a violation of these rules and subject to disciplinary action, which may include fine, suspension and revocation or license. 8.3.3.5 A finding by the official chemist that Erythropietin (EPO) darbopoietin (DPO) or their antibodies was present in a post-race test specimen of a horse shall be promptly reported in writing to the judges. The judges shall notify the owner and trainer of the positive test result for EPO, DPO or their antibodies. The judges shall notify the Commission Veterinarian of the name of the horse for placement on the Veterinarian's List, pursuant to Rule 8.6.1.1, if the positive test result indicates that the horse is unfit to race. Any horse placed on the Veterinarian's List pursuant to this Rule shall not be permitted to enter a race until the owner or trainer, at their own expense, provides proof of a negative test result for EPO, DPO or their antibodies from a laboratory approved by the Commission, provided said test sample is obtained under collection procedures acceptable to the Commission or its designee under these Rules. Notwithstanding any inconsistent provision of this Rule, a horse shall not be subject to disqualification from the race and from any share of the purse in the race and the trainer of the horse shall not be subject to application of trainer's responsibility based on the finding by the laboratory that EPO, DPO or their antibodies was present in the sample taken from that horse. 8.3.4 Medical Labeling 8.3.4.1 No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in or upon association grounds which that person occupies or has the right to occupy, or in that person's personal property or effects or vehicle in that person's care, custody or control, a drug, medication, chemical, foreign substance or other substance that is prohibited in a horse on a race day unless the product is labelled in accordance with this subsection. 8.3.4.2 Any drug or medication which is used or kept on association grounds and which, by federal or Delaware law, requires a prescription must have been validly prescribed by a duly licensed veterinarian, and in compliance with the applicable federal and state statutes. All such allowable medications must have a prescription label which is securely attached and clearly ascribed to show the following: 8.3.4.2.1 the name of the product; 8.3.4.2.2 the name, address and telephone number of the veterinarian prescribing or dispensing the product; PROPOSED REGULATIONS 8.3.4.2.3 the name of each patient (horse) for whom the product is intended/prescribed; 8.3.4.2.4 the dose, dosage, duration of treatment and expiration date of the prescribed/dispensed product; and 8.3.4.2.5 the name of the person (trainer) to whom the product was dispensed. 8.3.5 Furosemide (Salix) and Aminiocaproic Acid (Amicar) 8.3.5.1 General Furosemide (Salix) and Aminiocaproic Acid (Amicar) may be administered intravenously to a horse on the grounds of the association at which it is entered to compete in a race. Furosemide or Furosemide with Aminiocaproic Acid shall be permitted only after the Commission Veterinarian has placed the horse on the Bleeder List or to facilitate the collection of a pot-race urine sample. 8.3.5.2 Method of Administration Furosemide or Furosemide with Aminocaproic Acid shall be administered intravenously by the licensed Bleeder Medication Veterinarian, unless he/she determines that a horse cannot receive an intravenous administration of Furosemide or Furosemide with Aminocaproic Acid. Permission for an intramuscular administration must be authorized by the Presiding Judge or his/her representative; provided, however, that once Furosemide or Furosemide with Aminocaproic Acid is administered intramuscularly, the horse shall remain in a detention area under the supervision of a Commission representative until it races. 8.3.5.3 Dosage Aminocaproic Acid shall be administered to a horse on the Bleeder List only by the licensed Bleeder Medication Veterinarian, who will administer not more than 7.5 grams or less than 2.5 grams intravenously. Furosemide shall be administered to horses on the Bleeder List only by the licensed Bleeder Medication Veterinarian, who will administer not more than 500 milligrams nor less than 100 milligrams, subject to the following conditions: 8.3.5.3.1 Not more than 750 milligrams may be administered if (1) the Commission veterinarian grants permission for a dosage greater than 500 milligrams, and (2) after the administration of such greater dosage, the horse remains in a detention area under the supervision of a Commission representative until it races; and 8.3.5.3.2 The dosage administered may not vary by more than 250 milligrams from race to race without the permission of the Commission Veterinarian. 8.3.5.4 Timing of Administration Horses must be presented at their assigned stalls in the paddock for Aminocaproic Acid treatment. Aminocaproic Acid will be administered not more than 90 minutes (1 1/2 hours) and not less than 60 minutes (1 hour) prior to post time of their respective races and must be treated prior to going on the track the first time. Failure to meet this time frame will result in scratching the horse and the trainer may be fined. Horses must be presented at the Furosemide stall in the paddock, and the Furosemide administered, not more than three hours and 30 minutes (3-1/2 hours) nor less than three hours (three hours) prior to post time of their respective races. Failure to meet this time frame will result in scratching the horse, and the trainer may be fined. 8.3.5.5 Veterinary Charges It is the responsibility of the owner or trainer, prior to the administration of the medication, to pay the licensed Bleeder Medication veterinarian at the rate approved by the Commission. No credit shall be given without approval of the Bleeder Medication Veterinarian. 8.3.5.6 Restrictions No one except a licensed practicing veterinarian shall possess equipment or any substance for injectable administration on the race track complex, and no horse is to receive furosemide in oral form. 8.3.5.7 Post-Race Quantification The presence of Aminocaproic Acid in a horse following the running of the race in which it was not declared or reported, may result in the disqualification of the horse or other sanctions being PROPOSED REGULATIONS imposed upon the trainer and the administering veterinarian. Conversely, the absence of a bleeder medication following the running of a race, which was declared and reported may result in the disqualification of the horse and other sanctions being imposed upon the trainer and the bleeder Medication Veterinarian 8.3.5.7.1 As indicated by post-race quantification, a horse may not carry in its body at the time of the running of the race more than 100 nanograms of Furosemide per milliliter of plasma in conjunction with a urine that has a specific gravity of less than 1.01, unless the dosage of Furosemide: 8.3.5.7.1.1 Was administered intramuscularly as provided in 8.3.5.2; or 8.3.5.7.1.2 Exceeded 500 milligrams as provided in 8.3.5.3.1. 8.3.5.7.2 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 100 nanograms of furosemide per milliliter of plasma in conjunction with a urine that has a specific gravity of less than 1.01, and provided that the dosage of furosemide was not administered intramuscularly as provided in 8.3.5.2 or exceeded 500 milligrams as provided in 8.3.5.3.1, then a penalty shall be imposed as follows: 8.3.5.7.2.1 If such overage is the first violation of this rule within a 12-month period: Up to a $250 fine and loss of purse. 8.3.5.7.2.2 If such overage is the second violation of this rule within a 12-month period: Up to a $1,000 fine and loss of purse. 8.3.5.7.2.3 If such overage is the third violation of this rule within a 12-month period: Up to a $1,000 fine and up to a 15-day suspension and loss of purse. 8.3.5.7.2.4 If in the opinion of the official chemist any such overage caused interference with testing procedures, then for each such overage a penalty of up to a $1,000 fine and a suspension of from 15 to 50 days may be imposed. 8.3.5.8 Reports 8.3.5.8.1 The Bleeder Medication Veterinarian who administers Aminocaproic Acid or Furosemide or Furosemide with Aminocaproic Acid to a horse scheduled to race shall prepare a written certification indicating the time, dosage and method of administration. 8.3.5.8.2 The written certification shall be delivered to a Commission representative designated by the Judges within one (1) hour of the last scheduled race for that day. 8.3.5.9 Bleeder List 8.3.5.9.1 The Bleeder Medication Veterinarian shall maintain a Bleeder List of all horses which have demonstrated external evidence of exercise induced pulmonary hemorrhage (EIPH) or the existence of hemorrhage in the trachea post exercise upon: 8.3.5.9.1.1 visual examination wherein blood is noted in one or both nostrils either: 8.3.5.9.1.1.1 during a race; 8.3.5.9.1.1.2 immediately post-race or post-exercise on track; or 8.3.5.9.1.1.3 within one hour post-race or post-exercise in paddock and/or stable area, confirmed by endoscopic examination; or 8.3.5.9.1.2 endoscopic examination, which may be requested by the owner or trainer who feels his or her horse is a bleeder. Such endoscopic examination must be done by a practicing veterinarian, at the owner's or trainer's expense, and in the presence of the Commission Veterinarian. Such an examination shall take place within one hour post-race or post-exercise; or 8.3.5.9.1.3 presentation to the Commission Veterinarian, at least 48 hours prior to racing, of a current Bleeder Certificate from an official veterinarian from any other jurisdiction, which show the date, place and method -- visual or endoscopy -- by which the horse was determined to have bled, or which attests that the horse is a known bleeder and receives bleeder medication in that jurisdiction, provided that such jurisdiction's criteria for the identification of bleeders are satisfactory to the Commission Veterinarian. 8.3.5.9.2 The confirmation of a bleeder horse must be certified in writing by PROPOSED REGULATIONS the Commission Veterinarian and entered on the Bleeder List. Copies of the certification shall be issued to the owner of the horse or the owner's designee upon request. A copy of the bleeder certificate shall be attached to the horse's eligibility certificate. 8.3.5.9.3 Every confirmed bleeder, regardless of age, shall be placed on the Bleeder List, and furosemide or Furosemide with Aminocaproic Acid, if applicable must be administered to the horse in accordance with these rules prior to every race, including qualifying races, in which the horse starts. 8.3.5.9.4 A horse which bleeds based on the criteria set forth in 8.3.5.9.1 above shall be restricted from racing at any facility under the jurisdiction of the Commission, as follows: 8.3.5.9.4.1 1st time - 10 days; 8.3.5.9.4.2 2nd time -30 days, provided that the horse must be added to or remain on the Bleeder List, and must complete a satisfactory qualifying race before resuming racing; 8.3.5.9.4.3 3rd time -30 days, and the horse shall be added to the Steward's List, to be removed at the discretion of the Commission Veterinarian following a satisfactory qualifying race after the mandatory 30-day rest period; and 8.3.5.9.4.4 4th time - barred for life. 8.3.5.9.5 An owner or trainer must notify the Commission Veterinarian immediately of evidence that a horse is bleeding following exercise or racing. 8.3.5.9.6 A horse may be removed from the Bleeder List at the request of the owner or trainer, if the horse completes a 10-day rest period following such request, and then re-qualifies. A horse may discontinue the use of Aminocaproic Acid without a ten (10) day rest period or having to reliquary provided the horse was on Aminocaproic Acid for thirty (34) days or more. In addition, once a horse discontinues the use of Aminocaproic Acid, it is prohibited from using said medication for ninety (90) days from the date of its last administration for Aminocaproic Acid. 8.3.5.9.7 Any horse on the Bleeder List which races in a jurisdiction where it is not eligible for bleeder medication, whether such ineligibility is due to the fact that it does not qualify for bleeder medication in that jurisdiction or because bleeder medication is prohibited in that jurisdiction, shall automatically remain on the Bleeder List at the discretion of the owner or trainer, provided that such decision by the owner or trainer must be declared at the time of the first subsequent entry in Delaware, and the Furosemide and Aminocaproic Acid symbols in the program shall appropriately reflect that the horse did not receive Furosemide or Furosemide with Aminocaproic Acid its last time out. Such an election by the owner or trainer shall not preclude the Commission Veterinarian, State Steward or Presiding Judge from requiring re-qualification whenever a horse on the Bleeder List races in another jurisdiction without bleeder medication, and the integrity of the Bleeder List may be questioned. 8.3.5.9.8 Any horse on the Bleeder List which races without Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Lasix shall automatically be removed from the Bleeder List. In order to be restored to the Bleeder List, the horse must demonstrate EIPH in accordance with the criteria set forth in subdivision 8.3.5.9.1 above. If the horse does demonstrate EIPH and is restored to the Bleeder List, the horse shall be suspended from racing in accordance with the provisions of 8.3.5.9.4 above. 8.3.5.9.9 The State Steward or Presiding Judge, in consultation with the Commission Veterinarian, will rule on any questions relating to the Bleeder List. 8.3.5.10 Medication Program Entries It is the responsibility of the trainer at the time of entry of a horse to provide the racing secretary with the bleeder medication status of the horse on the entry blank, and also to provide the Commission Veterinarian with a bleeder certificate, if the horse previously raced out-of-state on bleeder medication. 8.3.6 Phenylbutazone (Bute) 8.3.6.1 General 8.3.6.1.1 Phenylbutazone or oxyphenbutazone may be administered to horses three years of age and older in such dosage amount that the official test sample shall contain not more than 2.0 2.5 micrograms per milliliter of blood plasma. Phenylbutazone or oxyphenbutazone is not permissible at any PROPOSED REGULATIONS level in horses two years of age and if phenylbutazone or oxyphenbutazone is present in any post-race sample from a two year old horse, said horse shall be disqualified, shall forfeit any purse money, and the trainer shall be subject to penalties including up to a $1,000 fine and up to a fifty day suspension. 8.3.6.1.2 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 2.0 but not more than 2.6 micrograms per milliliter of blood plasma of phenylbutazone or oxyphenbutazone, then warnings shall be issued to the trainer. 8.3.6.1.3 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 2.6 micrograms per milliliter of blood plasma of phenylbutazone or oxyphenbutazone, then a penalty shall be imposed as follows: 8.3.6.1.3.1 For an average between 2.6 and less than 5.0 micrograms per milliliter: 8.3.6.1.3.1.1 If such overage is the first violation of this rule within a 12-month period: Up to a $250 fine and loss of purse. 8.3.6.1.3.1.2 If such overage is the second violation of this rule within a 12-month period: Up to a $1,000 fine and loss of purse. 8.3.6.1.3.1.3 If such overage is the third violation of this rule within a 12-month period: Up to a $1,000 fine and up to a 15-day suspension and loss of purse. 8.3.6.1.3.1.4 For an overage of 5.0 micrograms or more per milliliter: Up to a $1,000 fine and up to a 5-day suspension and loss of purse. 8.3.6.1.4 If post-race quantification indicates that a horse carried in its body at the time of the running of the race any quantity of phenylbutazone or oxyphenbutazone, and also carried in its body at the time of the running of the race any quantity of any other non-steroidal anti-inflammatory drug, including but not limited to naproxen, flunixin and meclofenamic acid, then such presence of phenylbutazone or oxyphenbutazone, shall constitute a violation of this rule and shall be subject to a penalty of up to a $1,000 fine and up to a 50-day suspension and loss of purse. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Harness Racing Commission is available at: http://www.state.de.us/ research/AdminCode/title3/500/501/index.shtml#TopOfPage DEPARTMENT OF EDUCATION PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Sections 1211 and 1213 (14 Del.C. §1211 and 1213) 14 DE Admin. Code 1511 PUBLIC NOTICE Educational Impact Analysis Pursuant To 14 Del.C., Section 122 (d) 1511 Issuance and Renewal of Continuing License A. Type of Regulatory Action Requested Amendment to Existing Regulation B. Synopsis of Subject Matter of Regulation The Professional Standards Board in cooperation and collaboration with the Department of Education seeks the approval of the State Board of Education to amend regulation 1511 Issuance and Renewal of Continuing License concerning the requirements for the issuance and renewal of a continuing license. This regulation shall PROPOSED REGULATIONS apply to the issuance and renewal of a continuing license as established by 14 Del.C. §1211 and §1213. It is necessary to amend this regulation to simplify the requirements for the various professional development options to facilitate record keeping and verification of experiences by school districts, charter schools, and other employing authorities. Reference to a temporary certificate has also been deleted, as all temporary certificates have expired. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement and requires that educators be fully qualified to teach a subject area and that they engage in professional development to maintain and improve their skills and knowledge as a condition of renewal of the license. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps ensure that all educators demonstrate high standards for the issuance of a continuing license and that they engage in professional development to maintain and improve their skills and knowledge as a condition of renewal of the license. 3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses educator licensure, not health and safety issues. 4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses educator licensure, not students’ legal rights. 5. Will the amended regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision makers at the local board and school level. 6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision-making authority and accountability for addressing the subject to be regulated rests with the Professional Standards Board, in collaboration and cooperation with the Department of Education, and with the consent of the State Board of Education. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with, and not an impediment to, the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the amended regulation? 14 Del.C. requires that we promulgate this regulation. 10. What is the cost to the state and to the local school boards of compliance with the amended regulation? There is no additional cost to local school boards for compliance with the regulation. 1511 Issuance and Renewal of Continuing License 1.0 Content This regulation shall apply to the issuance and renewal of a Continuing License for educators, pursuant to 14 Del.C. §1211 and §1213. 2.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "College Credit" means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university, or other approved provider. PROPOSED REGULATIONS "Clock Hour" means actual time spent in professional development, not credit hours. "Cooperating Teacher or Intern Supervisor" means an individual working with student teachers or graduate or undergraduate interns as part of a state approved educator preparation program. "Clusters" means focused groups of approved professional development activities that lead to measurable and observable knowledge and skills. Clusters must be approved by the Standards Board and the State Board. "Curriculum or Assessment Development" means work with a local, state, national, or international education agency or organization designing curriculum or assessments for improved educational practice in an area related to an individual's professional responsibilities. "Delaware Administrator Standards" means standards for education administrators approved by the Secretary of Education and the State Board of Education, as per 14 Del.C. §1594, Delaware Administrator Standards. "Delaware Professional Teaching Standards" means standards of teaching approved by the Secretary of Education and the State Board of Education, as per 14 DE Admin. Code §1593, Delaware Professional Teaching Standards. "Department" means the Delaware Department of Education. "Educational Project" means an individual professional growth project of 15 or more clock hours, including a research project not related to a course for which credit is claimed, completed to enhance the individual's professional practice, with the development of a final product or report. "Educational Travel" means a travel experience including 15 or more clock hours of work time directly related to the individual's professional responsibilities, including a final project to be used to enhance the individual's work. "Educator" means a public school employee who holds a license issued under the provisions of 14 Del.C §1203, and includes teachers and administrators, and as otherwise defined by the Standards Board and the State Board, pursuant to 14 Del.C. §1203, but does not include substitute teachers person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers . "Exigent Circumstances" means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, expiration of a license during the school year, serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service. "Formal Study Group" means documented participation in a study group, related to an individual's professional responsibilities, such as reviewing, discussing, and implementing strategies from a book or creating a group product as part of an action research project, as a form of professional development. “Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness. "Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1210. "Knowledge and Skills" means understandings and abilities that, when acquired by educators, lead to more effective instruction. "Mentoring" means training and service in providing mentoring support or assistance through a formally organized and approved state or district mentoring program to educators during the initial licensure period. "NBPTS or Similar National Certification" means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the Standards Board, verifying completion of all requirements in an individual's job related area of the profession or, in the case of an individual seeking, but not earning, the national certificate, verification of the clock hours devoted to completing the requirements for the national certificate. "Peer Coaching" means training and service as a peer coach or peer assistant in a formally PROPOSED REGULATIONS organized and approved state or school district peer coaching or peer assistance program. "Presentation" means preparation and presentation as a workshop or conference presenter or course instructor on a topic related to the individual's professional responsibilities. "Professional Conference, Workshop, Institute, or Academy" means a program offered either within, or outside, the state that contributes to the participant's professional knowledge or skills in effectively conducting his/her work in education. "Professional Development" means classes, seminars, workshops, collaborative work groups, learning communities, cohort school or district teams which result in the acquisition of knowledge and skills which lead to more effective instruction. "Professional Development Activities" means activities designed to enhance knowledge and skill to promote continuous professional growth and to improve educator performance. "Professional Development Cluster" or "Cluster" means a focused group of professional development activities that leads to measurable and observable knowledge and skills. "Professional Portfolio" means a formal collection of artifacts and exhibits that include required examples of an individual's professional work based upon specific performance tasks or standards. "Professional Programs or Committees" means job related service, designed to enhance the profession. "Publication" means the preparation of a formally published book, article, report, study, or grant that contributes to the education profession or adds to the body of knowledge in an individual's specific field, but does not include such items prepared as part of a course for which an individual is also claiming credit. "Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §104. "State" means State of Delaware. "State Board" means the State Board of Education of the State of Delaware established in response to 14 Del.C. §104. 3.0 Issuance of Initial Continuing License In accordance with 14 Del.C. §1211, the Department shall issue, upon application, a Continuing License to an educator who has successfully completed the requirements under the initial licensure as set forth in 14 Del.C. §1210 and §1211. The Department shall issue a Continuing License to an applicant licensed as an educator in another jurisdiction who provides evidence of having completed three (3) or more years of successful teaching experience. A Continuing License is valid for 5 years unless extended pursuant to 14 Del.C. §1216 or revoked for cause, as defined in 14 Del.C. §1218. 3.1 An applicant for a Continuing License shall submit the approved application form to the Department. Copies Verification by the school district, charter school, or other employing authority of satisfactory DPAS annual summative evaluations for the period of initial licensure shall be submitted with an initial application for a Continuing License. An applicant with more than one (1) unsatisfactory DPAS annual summative evaluation during the period of initial licensure is ineligible to be issued a Continuing License. Incomplete applications will not be processed. 3.2 The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution. 3.2.1 “Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness. 4.0 Educators with Expired Delaware Licenses The Department may issue a Continuing License to an educator who previously held a valid Delaware certificate that has expired 4.1 An educator returning to employment and holding a current Standard or Professional Status PROPOSED REGULATIONS Certificate will be issued a Continuing License upon employment. 4.2 An educator who previously held a valid Delaware Standard or Professional Status Certificate which has expired and who has been out of the profession for less than three (3) years may be issued a Continuing License, valid for 5 years, upon employment and application on the approved form and evidence of previous Delaware certification. 4.3 An educator who has completed three (3) or more years of successful teaching and who holds a Continuing License which has expired who has been out of the profession for more than three (3) years may be issued a Continuing License, but must, within the first year of employment, successfully complete a district sponsored mentoring program which focuses on current best practices in curriculum, instruction and assessment aligned to state standards. 4.4 An educator holding a Limited Standard or Temporary Certificate and currently employed as an educator in a Delaware public school will be issued a Continuing License upon completing all requirements for the current Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard or Temporary Certificate. 4.5 An educator holding a current or expired Professional Status or Standard Certificate assigned to work outside the area covered by the Professional Status or Standard Certificate will be issued a Continuing License, with an Emergency Certificate for the new area issued for a period of three years to enable the educator to fulfill the requirements for the Standard Certificate in the area of the new assignment. Professional Status or Standard Certificates held by an educator at the time of reassignment will be added to the Continuing License as Standard Certificates. 5.0 Renewal of a Continuing License In accordance with 14 Del.C. §1212, the Department shall renew a Continuing License, valid for an additional 5 years, to an educator who has fulfilled the 90 clock hour requirement for professional development. At least one half of the required hours (45 hours every five years) for educators must be in activities that relate to the educator's work with students or staff. Satisfactory evidence of such completion, as set forth in Section 5.1, shall be submitted to the Department with the application for renewal. The 90 clock hours of professional development must have taken place during the term of the Continuing License. 5.1 Options for Relicensure Table 1: OPTION MAX. HOURS HOUR VALUE VERIFICATION CRITERIA College Credit No limit 1 semester hour = 15 clock hours. 1 quarter hr./CEU = 10 clock hours. Official Transcripts. Original Grade Slips. Original Certificate of Completion for CEUs. Must be completed at a regionally accredited college or other approved provider. College Credit Mmust be taken for credit with grade of "C" or better or a "P" in pass or fail course. “Clusters” of skills and knowledge. No limit Verified clock hours in completion of cluster activities. Approval Slip or Form Verifying Completion. Cluster must be prior-approved by Professional Development and Associated Compensation Committee, the Professional Standards Board and the State Board of Education