Delaware RegisterRegulations ofIssue Date: April 1, 2008Volume 11 - Issue 10, Pages 1274 - 1385IN THIS ISSUE: Regulations: ProposedFinalCalendar of Events & Hearing NoticesPursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of theRegister contains all documentsrequired to be published, andreceived, on or before March 15,2008. 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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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: 11 DE Reg. 759-786 (12/01/07) Refers to Volume 11, pages 759-786 of the Delaware Register issued on December 1, 2007. 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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 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 DATECLOSING DATECLOSING TIME May 1April 15 4:30 p.m. June 1May 15 4:30 p.m. July 1June 16 4:30 p.m. August 1July 15 4:30 p.m. September 1August 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Steve Engebretsen, Assistant Registrar; Jeffrey W. Hague, Registrar of Regulations; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Don Sellers, Printer; Robert Lupo, Printer; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Alice W. Stark, Senior Legislative Attorney; Rochelle Yerkes, Administrative Specialist II. Cumulative Tables......................................................................................................................................... 1279 PROPOSED DEPARTMENT OF AGRICULTURE Division of Animal Health and Food Products Inspection 301 Food Products Inspection .......................................................................................................... 1286 304 Exotic Animal Regulations.......................................................................................................... 1287 Harness Racing Commission 501 Harness Racing Section 10.0, Due Process and Disciplinary Action.................................................................... 1291 Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations Section 15.0, Medication; Testing Procedures........................................................................... 1294 DEPARTMENT OF EDUCATION Office of the Secretary 104 Education Profiles for Schools, Districts, and the State.............................................................. 1297 Professional Standards Board 1550 Agriculture Teacher.................................................................................................................. 1299 1551 Business Education Teacher.................................................................................................... 1303 1554 Family and Consumer Sciences Teacher................................................................................. 1307 1555 Marketing Education Teacher................................................................................................... 1310 1557 Technology Education Teacher................................................................................................ 1313 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Medicaid State Plan: Attachment 2.2-A, Page 23C and Attachment 2.6-A, Pages 12c through 12o .......................... 1316 Division of Social Services DSSM 14900 Enrollment In Managed Care ..................................................................................... 1316 17900 Medicaid for Workers with Disabilities......................................................................... 1316 11003.8 Necessity of Child Care............................................................................................ 1328 DEPARTMENT OF INSURANCE 302 Captive Insurance Financial Regulation............................................................................................ 1329 DEPARTMENT OF LABOR Division of Industrial Affairs Workers’ Compensation Regulations................................................................................................ 1337 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Fish and Wildlife 3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas........................................................ 1338 3758 Possession of V-notched Lobsters Prohibited.......................................................................... 1338 DEPARTMENT OF STATE Division of Professional Regulation 300 Board of Architects .................................................................................................................... 1340 500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive) ......................................... 1352 2925 Real Estate Commission Section 6.0, Program Criteria and Section 8.0, Provider Responsibilities .................................. 1354 DEPARTMENT OF STATE Human Relations Commission 1501 Equal Accommodations............................................................................................................ 1357 1502 Fair Housing............................................................................................................................ 1357 DEPARTMENT OF TRANSPORTATION Division of Transportation Solutions Revisions to the Delaware Manual on Uniform Traffic Control Devices, Parts 1, 7, 8 and 9............. 1372 FINAL DEPARTMENT OF AGRICULTURE Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations Section 13, Claiming Races........................................................................................................ 1373 Section 15.0, Medication; Testing Procedures........................................................................... 1374 DEPARTMENT OF EDUCATION Professional Standards Board 1505 Standard Certificate.................................................................................................................. 1375 DEPARTMENT OF INSURANCE 1003 Credit for Reinsurance ................................................................................................................... 1378 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Notices of Public Hearings and/or Public Comment Periods Div. of Animal Health and Food Products Inspection .............................................................................. 1380 Harness Racing Commission .................................................................................................................. 1380 Thoroughbred Racing Commission ........................................................................................................ 1381 State Board of Education, Notice of Monthly Meeting................................................................................. 1381 Dept. of Health and Social Services, Notices of Public Comment Periods Div. of Medicaid and Medical Assistance and Div. of Social Services..................................................... 1381 Dept. of Insurance, Notice of Public Comment Period ................................................................................ 1382 Dept. of Labor, Notice of Public Hearing and Comment Period Div. of Industrial Affairs, .......................................................................................................................... 1382 DNREC, Notice of Public Hearing and Comment Period Div. of Fish and Wildlife .......................................................................................................................... 1383 Dept. of State, Notices of Public Hearings and Public Comment Periods Div. of Professional Regulation Board of Architecture........................................................................................................................ 1383 Board of Podiatry.............................................................................................................................. 1384 Real Estate Commission Education Committee................................................................................ 1384 Human Relations Commission ................................................................................................................ 1385 Dept. of Transportation, Notice of Public Comment Period Div. of Transportation Solutions .............................................................................................................. 1385 DELAWARE COUNCIL ON POLICE TRAINING 1901 Delaware Council on Police Training ...................................................................11 DE Reg. 6 (Prop.) 11 DE Reg. 180 (Final) DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY 201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................11 DE Reg. 548 (Prop.) DELAWARE RIVER BASIN COMMISSION Revised Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin Reservoirs .....................................................................................................11 DE Reg. 8 (Prop.) Water Quality Regulations ...........................................................................................11 DE Reg. 376 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION 2006 Delaware State Fire Prevention Regulations Part X, Ambulance Regulations.....11 DE Reg. 379 (Prop.) 11 DE Reg. 1031(Final) DEPARTMENT OF AGRICULTURE Delaware Forest Service 402 State Forest Regulations .................................................................................11 DE Reg. 10 (Prop.) 11 DE Reg. 307 (Final) Harness Racing Commission 501 Harness Racing Rules 3, 4, and 6....................................................................11 DE Reg. 308 (Final) 501 Harness Racing Rules 1, 6, 7, 8 and 10...........................................................11 DE Reg. 550 (Prop.) 501 Harness Racing Rules 1, 5, 6, 7 and 8.............................................................11 DE Reg.1050 (Final) Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations, Section 13.0, Claiming Races 11 DE Reg. 396 (Prop.) 1001 Thoroughbred Racing Rules and Regulations, Section 15.0..........................11 DE Reg. 969 (Prop.) DEPARTMENT OF EDUCATION Office of the Secretary 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 121 (Prop.) 11 DE Reg. 502 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 132 (Prop.) 11 DE Reg. 506 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 143 (Prop.) 11 DE Reg. 510 (Final) 282 Private Business and Trade Schools................................................................11 DE Reg. 737 (Final) 385 Permits Substitute Teachers.............................................................................11 DE Reg. 248 (Prop.) 11 DE Reg. 664 (Final) 601 School Police Relations....................................................................................11 DE Reg. 399 (Prop.) 11 DE Reg. 741 (Final) 729 School Custodians............................................................................................11 DE Reg. 980 (Prop.) 734 District School Board and Charter School Board Member Financial Responsibility Training .....................................................................................11 DE Reg. 402 (Prop.) 734 District School Board and Charter School Board Member Financial Responsibility Training11 DE Reg. 744 (Final) 735 Standardized Financial Reporting.....................................................................11 DE Reg. 602 (Prop.) 11 DE Reg. 918 (Final) 745 Criminal Background Check for Public School Related Employment...............11 DE Reg. 711 (Prop.) 11 De Reg. 984 (Prop.) 804 Immunizations..................................................................................................11 DE Reg. 250 (Prop.) 11 DE Reg. 666 (Final) 877 Tobacco Policy ................................................................................................11 DE Reg. 1100 (Prop.) 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies.......................................................................................................11 DE Reg. 181 (Final) 11 DE Reg. 1102(Prop.) 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs..................................................................11 DE Reg. 184 (Final) 11 DE Reg. 1105 (Prop.) 1006 Delaware Interscholastic Athletic Association (DIAA)....................................11 DE Reg. 1116 (Prop.) 1007 DIAA Sportsmanship......................................................................................11 DE Reg. 1122 (Prop.) 1008 DIAA Junior High and Middle School Interscholastic Athletics.......................11 DE Reg. 1128 (Prop.) 1009 DIAA Senior High School Interscholastic Athletics.........................................11 DE Reg. 1149 (Prop.) 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 ..................................................................................................11 DE Reg. 853 (Prop.) 11 DE Reg. 1229 (Final) 1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 ..........................................11 DE Reg. 856 (Prop.) 11 DE Reg. 1231 (Final) 1103 Standards for School Bus Chassis and Bodies For Buses placed in Production on or after January 1, 2007.............................................................11 DE Reg. 860 (Prop.) 11 DE Reg. 1232 (Final) Professional Standards Board 340 Certification Theater Teacher...........................................................................11 DE Reg. 253 (Prop.) 11 DE Reg. 716 (Prop.) 1505 Standard Certificate .......................................................................................11 DE Reg. 865 (Prop.) 1520 Standard Certificate Early Childhood Teacher (Birth to Grade 2)11 DE Reg. 255 (Prop.) 11 DE Reg. 667 (Final) 1522 Elementary School Counselor........................................................................11 DE Reg. 404 (Prop.) 11 DE Reg. 745 (Final) 1530 Middle Level Teacher.....................................................................................11 DE Reg. 261 (Prop.) 11 DE Reg. 407 (Prop.) 11 DE Reg. 748 (Final) 1531 Middle Level English Language Arts Teacher................................................11 DE Reg. 409 (Prop.) 11 DE Reg. 750 (Final) 1532 Middle Level Mathematics Teacher................................................................11 DE Reg. 411 (Prop.) 11 DE Reg. 752 (Final) 1533 Middle Level Science Teacher........................................................................11 DE Reg. 415 (Prop.) 11 DE Reg. 753 (Final) 1534 Middle Level Social Studies Teacher..............................................................11 DE Reg. 262 (Prop.) 11 DE Reg. 419 (Prop.) 11 DE Reg. 756 (Final) 1539 Middle Level / Secondary Health Education Teacher.....................................11 DE Reg. 668 (Final) 1540 Secondary English Language Arts Teacher...................................................11 DE Reg. 1173 (Prop.) 1541 Secondary Health Education Teacher............................................................11 DE Reg. 264 (Prop.) 1542 Secondary Mathematics Teacher...................................................................11 DE Reg. 1177 (Prop.) 1543 Secondary Science Teacher...........................................................................11 DE Reg. 1181 (Prop.) 1544 Secondary Social Studies Teacher.................................................................11 DE Reg. 1185 (Prop.) 1545 Secondary School Counselor.........................................................................11 DE Reg. 420 (Prop.) 11 DE Reg. 754 (Final) 1549 Dance Teacher................................................................................................11 DE Reg. 718 (Prop.) 11 DE Reg. 1234(Final) 1558 Theater Teacher [Formerly Regulation 340]...................................................11 DE Reg. 1235(Final) 1571 Secondary Exceptional Children Special Education Teacher.........................11 DE Reg. 266 (Prop.) 11 DE Reg. 671 (Final) 1576 Elementary Exceptional Children Special Education Teacher........................11 DE Reg. 269 (Prop.) 11 DE Reg. 673 (Final) 1590 Delaware Administrator Standards.................................................................11 DE Reg. 311 (Final) DEPARTMENT OF FINANCE Division of Revenue 1151-1 Personal Income Tax Withholding Exemption Certificates..........................11 DE Reg. 271 (Prop.) 11 DE Reg. 674 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Developmental Disabilities 2100 Eligibility Criteria.............................................................................................11 DE Reg. 18 (Prop.) 11 DE Reg. 423 (Prop.) 11 DE Reg. 1237(Final) Division of Medicaid and Medical Assistance Acquired Brain Injury (ABI) 1915 (c) Waiver Application ...............................................11 DE Reg. 442 (Prop.) 11 DE Reg. 786 (Final) Pharmaceutical Services Program - Tamper-Resistant Prescription Pads....................11 DE Reg. 425 (Prop.) 11 DE Reg. 793 (Final) School-Based Wellness Center Services ......................................................................11 DE Reg. 1097(Emer) 11 DE Reg. 1189(Prop.) Title XIX Medicaid State Plan Attachment 4.19-D Reimbursement Methodology for Nursing Facilities................................................................................................11 DE Reg. 427 (Prop.) 11 DE Reg. 792 (Final) Title XIX Medicaid State Plan Attachment 4.19-D Pediatric Nursing Facility.................11 DE Reg. 312 (Final) Title XIX Medicaid State Plan, Employee Education About False Claims Act................11 DE Reg. 319 (Final) DSSM: 5000 Definitions..........................................................................................11 DE Reg. 1193 (Prop.) 5405 Fair Hearing Procedures....................................................................11 DE Reg. 1193 (Prop.) 11002.9 Definitions and Explanation of Terms............................................11 DE Reg. 1196 (Prop.) 11003.5 In-Home Child Care......................................................................11 DE Reg. 1196 (Prop.) 11003.9.1 Income.......................................................................................11 DE Reg. 1196 (Prop.) 20310.5 Automobiles..................................................................................11 DE Reg. 1191 (Prop.) 20330 Countable Resources Computation ................................................11 DE Reg. 20 (Prop.) 11 DE Reg. 314 (Final) 20330.1 Automobiles..................................................................................11 DE Reg. 1191 (Prop.) 20330.4.1 Annuities....................................................................................11 DE Reg. 274 (Prop.) 11 DE Reg. 676 (Final) 20340.5 Irrevocable Funeral Arrangements and Burial Trusts...................11 DE Reg. 720 (Prop.) 11 DE Reg. 1051 (Final) 20400.12.2 Burial Trusts............................................................................11 DE Reg. 720 (Prop.) 11 DE Reg. 1051 (Final) 20700.5 Acquired Brain Injury Medicaid Waiver Program..........................11 DE Reg. 722 (Prop.) 11 DE Reg.1054 (Final) 50300 Referral Process .............................................................................11 DE Reg. 21 (Prop.) 11 DE Reg. 318 (Final) Pharmaceutical Services Program – Tamper-Resistant Prescription Pads11 DE Reg. 374 (Emer) Division of Public Health 4203 Cancer Treatment Program............................................................................11 DE Reg. 115 (Emer.) 11 DE Reg. 278 (Prop.) 11 DE Reg. 680 (Final) 4403 Free Standing Birthing Centers.......................................................................11 DE Reg. 604 (Prop.) 4408 Managed Care Organizations (MCO), Repeal of............................................11 DE Reg. 1059 (Final) 4459 Lead Based Paint Hazards.............................................................................11 DE Reg. 280 (Prop.) 11 DE Reg. 759 (Final) 4469 Personal Assistance Services Agencies........................................................11 DE Reg. 196 (Final) Division of Social Services DSSM: 1006 Civil Rights and Non-Discrimination...................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 1007 Complaint Procedures and................................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 3006.2 TANF Employment and Training Participation and Participation Rates ...................................................................................................11 DE Reg. 869 (Prop.) 11 DE Reg. 1241(Final) 9004 Non-Discrimination Policy .................................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 9006.3 Exceptions From Notice ................................................................11 DE Reg. 443 (Prop.) 11 DE Reg. 795 (Final) 9013.1 Household Definition .....................................................................11 DE Reg. 25 (Prop.) 11 DE Reg. 332 (Final) 9032 Mandatory Verification.......................................................................11 DE Reg. 216 (Final) 9032.2 Alien Eligibility ................................................................................11 DE Reg. 445 (Prop.) 11 DE Reg. 799 (Final) 9033 Verification of Questionable Information............................................11 DE Reg. 216 (Final) 9038 Verification Subsequent to Initial Certification...................................11 DE Reg. 216 (Final) 9076.2 SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs..............................................................................................11 DE Reg. 872 (Prop.) 11 DE Reg. 1243 (Final) 9094 Cooperation with the Division of Child Support Enforcement (DCSE) 11 DE Reg. 872 (Prop.) 11 DE Reg. 1243 (Final) Division of Substance Abuse and Mental Health 6100 Substance Abuse Facility Licensing Standards.............................................11 DE Reg. 448 (Prop.) DEPARTMENT OF INSURANCE 101 Organization, Methods and Operations of the Delaware Insurance Commission [Formerly Reg. 25]...................................................................................................11 DE Reg. 218 (Final) 606 Proof of Automobile Insurance [Formerly Regulation 31] ......................................11 DE Reg. 449 (Prop.) 11 DE Reg. 800 (Final) 11 DE Reg. 1202(Prop.) 608 Automobile Insurance Coverage [Formerly Regulation 45]....................................11 DE Reg. 220 (Final) 702 Required Disclosures For Residential Homeowners Polices..................................11 DE Reg. 454 (Prop.) 11 DE Reg. 805 (Final) 906 Use of Credit Information........................................................................................11 DE Reg. 630 (Prop.) 11 DE Reg. 877 (Prop.) 11 DE Reg. 1253 (Final) 1003 Credit for Reinsurance [Formerly Regulation 79]..................................................11 DE Reg. 990 (Prop.) 1216 Military Sales Practices ........................................................................................11 DE Reg. 26 (Prop.) 11 DE Reg. 333 (Final) 1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment .................................................................11 DE Reg. 32 (Prop.) 11 DE Reg. 1060 (Final) 1301 Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims ....................................................................................................11 DE Reg. 68 (Final) 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers..........11 DE Reg. 637 (Prop.) 11 DE Reg. 1061 (Final) 1403 Managed Care Organizations ..............................................................................11 DE Reg. 73 (Final) 1701 Credit Life and Credit Health Insurance................................................................11 DE Reg. 727 (Prop.) 2201 Implementation of Medical Malpractice Relief Initiative Pilot Program.................11 DE Reg. 456 (Prop.) 11 DE Reg. 806 (Final) DEPARTMENT OF JUSTICE Fraud and Consumer Protection Unit 102 Debt Management Services.............................................................................11 DE Reg. 640 (Prop.) 11 DE Reg. 1062 (Final) DEPARTMENT OF LABOR Division of Industrial Affairs Workers Compensation Regulations.......................................................................11 DE Reg. 458 (Prop.) 11 DE Reg. 920 (Final) 1342 Health Care Provider Certification..................................................................11 DE Reg. 1206(Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1132 Transportation Conformity..............................................................................11 DE Reg. 281 (Prop.) 11 DE Reg. 682 (Final) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories Part 5.0.............................................................................................................11 DE Reg. 884 (Prop.) Part 6.0 ............................................................................................................11 DE Reg. 152 (Prop.) 11 DE Reg. 683 (Final) Parts 8.0 and 12.0.............................................................................................11 DE Reg. 221 (Final) 1142 Specific Emission Control Requirements, Section 2.0 Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries ........................................................................................................11 DE Reg. 75 (Final) 1148 Control of Stationary Combustion Turbine Electric Generating Unit Emissions.........................................................................................................11 DE Reg. 80 (Final) 1301 Regulations Governing Solid Waste...............................................................11 DE Reg. 459 (Prop.) 11 DE Reg. 807 (Final) 1302 Regulations Governing Hazardous Waste: Parts 261, 262, 262 Appendix, 264, 265, 279....................................................................................................11 DE Reg. 460 (Prop.) 11 DE Reg. 809 (Final) 1351 Underground Storage Tank Systems..............................................................11 DE Reg. 461 (Prop.) 11 DE Reg. 922 (Final) Division of Fish and Wildlife 3203, 3207, 3210, 3211, 3214 and 3215, Horseshoe Crab Regulations.................11 DE Reg. 282 (Prop.) 11 DE Reg. 685 (Final) 3511 Summer Flounder Size Limits; Possession Limits; (Formerly Tidal Finfish Reg. 4).............................................................................................................11 DE Reg. 1207 (Prop.) 3521 Weakfish Size Limits; Possession Limits; Seasons........................................11 DE Reg. 153 (Prop.) 11 DE Reg. 514 (Final) 3531 Tautog; Size Limits, Creel Limits and Seasons. (Formerly Tidal Finfish Regulation 22) ..................................................................................................11 DE Reg. 896 (Prop.) 11 DE Reg. 1257 (Final) 3553 River Herring Creel Limit ...............................................................................11 DE Reg. 899 (Prop.) 11 DE Reg. 1259 (Final) 3716 Crab Pot Number Buoys and Vessel Panel Color Code and Number Requirements....................................................................................................11 DE Reg. 1209(Prop.) 3771 Oyster Harvesting Licensee Requirements....................................................11 DE Reg. 1209(Prop.) 3900 Wildlife Regulations .......................................................................................11 DE Reg. 33 (Prop.) 11 DE Reg. 334 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 1300 Board of Examiners of Private Investigators and Private Security Agencies..11 DE Reg. 464 (Prop.) 11 DE Reg. 810 (Final) 2300 Pawn Brokers and Junk Dealers....................................................................11 DE Reg. 288 (Prop.) 11 DE Reg. 687 (Final) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 103 Requirements for Family Child Care Homes....................................................11 DE Reg. 730 (Prop.) 104 Requirements for Large Family Child Care Day Care Homes..........................11 DE Reg. 730 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 200 Board of Landscape Architects........................................................................11 DE Reg. 347 (Final) 400 Delaware Gaming Control Board, (Regulations 401, 403 and 404).................11 DE Reg. 155 (Prop.) 11 DE Reg. 516 (Final) 401 Regulations Governing Bingo...........................................................................11 DE Reg. 998 (Prop.) 402 Regulations Governing Raffles.........................................................................11 DE Reg. 998 (Prop.) 403 Regulations Governing Charitable Gambling Other Than Raffles....................11 DE Reg. 998 (Prop.) 404 Regulations Governing No Limit Texas Hold’em Poker ..................................11 DE Reg. 998 (Prop.) 500 Board of Podiatry, Sections 7 and 9.................................................................11 DE Reg. 157 (Prop.) 11 DE Reg. 688 (Final) 700 Board of Chiropractic........................................................................................11 DE Reg. 348 (Final) 1400 Board of Electrical Examiners........................................................................11 DE Reg. 812 (Final) 1800 Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners .......................................................................................................11 DE Reg. 86 (Final) 2000 Board of Occupational Therapy......................................................................11 DE Reg. 290 (Prop.) 11 DE Reg. 926 (Final) 2500 Board of Pharmacy, Section 1.0, Pharmacist Licensure Requirements............................................11 DE Reg. 648 (Prop.) 11 DE Reg. 1065 (Final) Section 2.0, Grounds for Disciplinary Proceeding............................................11 DE Reg. 222 (Final) Section 3.0, Pharmacy Requirements..............................................................11 DE Reg. 167 (Prop.) 11 DE Reg. 689 (Final) 2700 Board of Professional Land Surveyors...........................................................11 DE Reg. 1212(Prop.) 2900 Real Estate Commission................................................................................11 DE Reg. 87 (Final) 2930 Council on Real Estate Appraisers.................................................................11 DE Reg. 171 (Prop.) 11 DE Reg. 813 (Final) 11 DE Reg. 1012(Prop.) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals...............................................................................11 DE Reg. 225 (Final) 11 DE Reg. 653 (Prop.) 11 DE Reg. 1066 (Final) 3300 Board of Veterinary Medicine ........................................................................11 DE Reg. 88 (Final) 3500 Board of Examiners of Psychologists.............................................................11 DE Reg. 1228(Prop.) 3600 Board of Registration of Geologists ...............................................................11 DE Reg. 55 (Prop.) 11 DE Reg. 349 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.............................................................................11 DE Reg. 294 (Prop.) 11 DE Reg. 814 (Final) 3800 Committee on Dietetics/Nutrition....................................................................11 DE Reg. 226 (Final) 4400 Delaware Manufactured Home Installation Board..........................................11 DE Reg. 177 (Prop.) 11 DE Reg. 691 (Final) 5300 Board of Massage and Bodywork..................................................................11 DE Reg. 178 (Prop.) 11 DE Reg. 692 (Final) Uniform Controlled Substances Act Regulations.....................................................11 DE Reg. 1024(Prop.) Office of the State Bank Commissioner 2107/2208 Guidance on Nontraditional Mortgage Product Risks............................11 DE Reg. 90 (Final) 2108/2209 Statement on Subprime Mortgage Lending...........................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 2302 Exemptions.....................................................................................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 3402 Surety Bond or Irrevocable Letter of Credit....................................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers............................................................................11 DE Reg. 814 (Final) Public Service Commission PSC Regulation Docket No. 49:The Creation of a Competitive Market for Retail Electric Supply Service ....................................................................................11 DE Reg. 901 (Prop.) PSC Regulation Docket No. 51: Water Utilities .....................................................11 DE Reg. 465 (Prop.) PSC Regulation Docket No. 56: Rules to Implement the Renewable Energy Portfolio Standards Act ...................................................................................11 DE Reg. 485 (Prop.) PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company.........................11 DE Reg. 906 (Prop.) DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2220 Determining Non-U.S. Citizen Driver License and Identification Card Expiration Dates................................................................................................11 DE Reg. 913 (Prop.) 11 DE Reg. 1261(Final) Division of Planning and Policy 2309 Standards and Regulations for Subdivision Streets and State Highway Access ...............................................................................................11 DE Reg. 67 (Prop.) 11 DE Reg. 815 (Final) Division of Technology and Support Services 2501 External Equal Employment Opportunity Complaint Procedure.............. 11 DE Reg. 731 (Prop.) 11 DE Reg. 1067 (Final) Division of Transportation Solutions Uniform Traffic Control Devices, Parts 2, 3, 4, 5 and 10..........................................11 DE Reg. 227 (Final) Part 6............................................................................................................11 DE Reg. 694 (Final) Office of Motor Fuel Tax Administration 2401 Regulations for the Office of Retail Gasoline Sales........................................11 DE Reg. 517 (Final) EXECUTIVE DEPARTMENT Delaware Economic Development Office 1104 Administration and Operation of Council on Development Finance...............11 DE Reg. 499 (Prop.) 11 DE Reg. 927 (Final) GOVERNOR’S OFFICE Executive Orders: No. 98 Establishing The Leadership For Education Achievement In Delaware Committee........229 No. 99 Study By The State Fire Prevention Commission Regarding Audits of Volunteer Fire Companies.....................................................................................................................230 No. 100 Creating a Task Force Dealing with the Delaware Psychiatric Center ..........................519 No. 101 Establishing The Child Poverty Task Force....................................................................520 No. 102 Creating The Delaware Information Assurance Task Force...........................................696 No. 103 Declaring Drought Watch.............................................................................................. 821 No. 104 Establishment of the Statewide Interoperability Executive Council ...............................929 No. 105 Amendment to Executive Order Number One Hundred Two........................................ 1069 No. 106 Reallocation of State Private Activity Bond Volume Cap For Calendar Year 2007 and Initial Suballocation of State Private Activity Bond Volume Cap For Calendar Year 2008 1267 DIVISION OF ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION PUBLIC NOTICE The Delaware Department of Agriculture Poultry and Animal Health and Food Products Inspection Section (“the Department”) is proposing to amend its existing regulations concerning the inspection of meat, poultry, and egg products and for the humane slaughter of livestock so that they are equal to existing federal statutes and regulations that deal with these subject matters. By doing so the Department will bring its regulations current with modifications to 9 CFR Parts 300 through 500 since the Department last promulgated its regulations for food safety in April of 2002. The Department also proposes to incorporate by reference the U.S. Department of Agriculture’s regulations dealing with the inspection of eggs and egg products and for the voluntary inspection of eggs. Comments by the public concerning these proposed regulations should be submitted in writing to Assistant State Veterinarian, Caroline Hughes, D.V.M., whose address with the Department is 2320 South Dupont Highway, Dover, Delaware 19901. Written comments must be received by Dr. Hughes on or before May 1, 2008 to be considered prior to the adoption of these proposed regulations. Copies of the relevant portions of the Code of Federal Regulations that are to become enforceable in this state at the conclusion of the administrative procedures process may be obtained by contacting the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402-9328. For more information, contact Dr. Hughes by calling (302) 698-4561. AUTHORITY These proposed amendments to existing Delaware regulations as well as the adoption of new regulations governing meat, poultry, and egg products inspection and the humane slaughtering of livestock are promulgated pursuant to the Department’s authority specifically set forth in Section 8708(8) of Title 3 of the Delaware Code. PURPOSE The purpose of these proposed regulations is to re-establish the standards and procedures for the meat, poultry, and egg product inspection programs of Delaware as well as Delaware’s humane slaughtering of livestock procedures so that they shall be equal to those imposed by the Federal Meat Inspection Act, the Federal Poultry Inspection Act, the Federal Egg Products Inspection Act and the Federal Humane Methods of Slaughter Act with respect to operations occurring within the State of Delaware. 301 Food Products Inspection The Delaware Department of Agriculture, Food Products Inspection Section proposed to amend its regulations concerning the rules of practice that apply to agency enforcement actions by bringing them into the conformity with federal law. The Department proposed to define each type of enforcement action that it may take, the conditions under which it likely to take each of these actions, and the procedures it will follow in doing so. The proposed amendments are part of the Department’s ongoing effort to consolidate, streamline, and clarify the meat and poultry product inspection regulations. To that end, the Department is proposed to adopt by reference, in their entirety, the federal regulations published in the Federal Register at Volume 64, Number 228, dated November 29, 1999, amending the Code of Federal Regulations at 9 CFR Sections 304, 305, 327, 335, 381 and adding a new Part 500 which became effective January 25, 2000. 1.1These proposed amendments to regulations governing food product inspection are promulgated pursuant to the Department’s authority set forth in 3 Del.C. §8708. 2.1The purpose of these proposed amendments to regulations is to consolidate, streamline, and clarify the meat and poultry product inspection regulations thereby insuring that Department enforcement actions are fair by identifying the situations that may lead to such actions. 3.1The Department incorporates by reference herein, in its entirety, the language found at page 66545 of the Federal Register at Volume 64, Number 228, beginning with the heading "Part 304-Application for Inspection; Grant of Inspection" and ending at page 66547 at the end of Section 500.8(c). The Department adopts and incorporates by reference herein the rules, regulations, definitions and standards of the U. S. Department of Agriculture governing meat and meat products inspection, poultry products inspection, voluntary inspection of poultry, egg and egg products inspection and humane methods for slaughtering animals as they are currently written and which are found at Subchapters A, E, and I of Title 9, Parts 301 through 592, excluding Parts 390 and 391, of the Code of Federal Regulations. 5 DE Reg. 1902 (4/1/02) PUBLIC NOTICE The Delaware Department of Agriculture proposes these regulations in accordance with the General Assembly’s mandate to enforce Chapter 72 of Title 3 of the Delaware Code and to specify the means by which citizens of the State of Delaware may obtain a permit from the Delaware Department of Agriculture to possess, sell, or exhibit, exotic animals within the state. It should be noted here that these regulations do not supersede Delaware Code Title 7 Chapter 6 regarding Endangered Species. The Delaware Department of Agriculture solicits written comments from the public concerning these proposed regulations. Any such comments should be submitted to the State Veterinarian, Sara Busch, DVM, at Delaware Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901 on or before May 1, 2008. Copies of the proposed regulations are available on request. 304 Exotic Animal Regulations These regulations are promulgated pursuant to the authority of Section 7202 of Title 3 of the Delaware Code. These regulations govern the possession, sale, and exhibition of exotic animals, i.e., live wild mammals or hybrids of wild mammals or live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. “Carnivores” means flesh-eating mammals, which possess teeth and claws adapted for attacking and devouring their prey. “Department” means the Delaware Department of Agriculture. “Exotics” means live wild mammals or hybrids of wild mammals or live reptiles not native to or generally found in Delaware as determined by the Delaware Department of Natural Resources and Environmental Control and the Division of Fish and Wildlife. “Herbivore” means those mammals feeding exclusively on vegetable matter. “Hybrid of a wild mammal” means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware. “Omnivores” means that group of animals which eat any sort of food, both animal and vegetable in origin. “Primates” means the highest order of mammals including monkeys and lemurs. “Reptile” means any cold-blooded vertebrae of the class Reptilia including turtles, lizards, snakes, crocodilians and tuatara. 4.1The State Veterinarian is responsible for administering and enforcing these regulations. The State Veterinarian has the power to grant, deny, or revoke permits to possess exotics in this state. 4.2The State Veterinarian is also vested with the power to designate agencies to seize and where warranted to humanely destroy an exotic if necessary to protect the public health, safety, or welfare and to do so without first notifying the exotic animal’s owner or custodian. 5.1Enclosure and welfare requirements 5.1.1There shall be two enclosures to house an exotic: a primary enclosure and a secondary enclosure. Locking devices shall be required on both primary and secondary enclosures. 5.1.1.1The primary enclosure shall be a pen, cage or other structure where the exotic will be kept and which must be of sturdy and escape-proof construction. Enclosures/Pens must be consistent in size, structure, lighting, temperature control, and ventilation according to the welfare standards and needs described and found in scientific literature for the species under request for permitting into Delaware. The applicant is required to perform a literature review and present the current scientific literature review of enclosure and welfare standards for the species under consideration with the application. The size of both the primary and secondary enclosures/pens must be in proportion to the size and strength of the exotic animal. Completed enclosures/pens must be inspected and approved by an agent or representative of the Animal Health Section of the Delaware Department of Agriculture prior to placing any exotic animal therein. All changes to any pen used to contain an exotic animal covered by these regulations must be inspected and approved by the Delaware Department of Agriculture. 5.1.1.2The secondary enclosure must be sufficient to prevent the exotic from escaping from the property of the custodian should it be set free from its primary enclosure. The secondary enclosure must insure there will be no physical contact between members of the public and the exotic if it is set free from the primary enclosure. 5.1.1.3Shared enclosures: Permitted exotic animals must be kept so as not to be allowed to reproduce while in captivity. Each enclosure is for one animal. Any shared enclosures are only for sterile, sterilized or animals otherwise unable to reproduce should they be housed together in a primary or secondary enclosure. The applicant needs to provide proof of sterility or birth control treatment to the Delaware Department of Agriculture. Only animals permitted herein by an Accredited Zoo Permit under the inspection and accreditation of the Association of Zoos and Aquariums (AZA) shall be allowed to legally reproduce under these regulations. 5.1.1.4When the secondary enclosure is opened to facilitate activities such as cleaning, the primary enclosure cannot be used or relied on as the only means to prevent physical contact with the public. 5.1.1.5The enclosure and welfare requirements listed in 5.1 above must be met before an application for an Individual Permit can be accepted for consideration by the Department of Agriculture. 5.2To obtain a permit, initial applications must be filed with the Delaware Department of Agriculture within 10 days of acquiring the exotic and/or within 10 days of locating the exotic in the State of Delaware. If purchasing from an Exotic Animal Sales proprietor, the buyer must obtain an Individual Exotic Permit before the purchase. The State Veterinarian, for good cause shown, and upon written request of the applicant/possessor may grant an additional 10 day extension to such applicant/possessor if, in the State Veterinarian’s sound discretion, such an extension will not endanger the public health, safety and welfare. 5.3 Renewal of all classes of permits will be on an annual basis and occur by the end of the calendar month in which the original permit was issued by the Delaware Department of Agriculture. 6.1If the exotic is to be moved from one location to another for any reason, the exotic shall be transported in a cage or other container that will be strong enough to prevent its escape while in transport and protect the public from physical contact A violation of this provision is a ground for revoking a previously issued permit. 7.1Exotics must receive humane treatment including annual examinations by a licensed veterinarian. The State Veterinarian may consult with a local Society for the Protection of Cruelty to Animals (“SPCA”) to enforce this provision. 8.1The exotic must not become a public nuisance. A public nuisance within the meaning of this provision includes creating excessive odors, noise, or becoming an unreasonable risk of danger to the public. 8.1.1Any permitted exotic animal that has become an immediate threat and/or an unreasonable risk of danger to the public may be subject to seizure and destruction in accordance with regulation 4.2 and without the public hearing contemplated by regulation 12.3. 9.1Prior to granting a permit, a final inspection of the enclosures where the exotic is to be confined shall be completed by the Department to insure that the requirements of these regulations will be met by the applicant. The applicant must schedule the inspection by the Department. The Department shall be allowed access to make random, unfettered re-inspections of a permitted location to insure continued compliance with these requirements. 10.1Individual Permit 10.1.1When exotics are kept as pets, the owner or custodian of the exotic must apply to the Department for an Individual Permit on a form supplied by the Department. Individual Permits granted by the Department shall be valid for one year and shall become null and void when the owner or custodian transfers ownership or possession of the exotic to another. The owner or custodian must obtain a separate Individual Permit for each exotic animal intended to be kept as a pet. 10.2Exotic Animals Sales Permit 10.2.1When exotics are kept for sale by an owner or custodian who has a valid Delaware business license, the owner or custodian of the exotic must apply to the Department for an Exotic Animals Sales Permit. Exotic Animals Sales Permits granted by the Department shall be valid for one year and are not transferable. The owner or custodian must apply for an Exotic Animals Sales Permit for each class of exotic animal as defined in 3.3 through 3.8 of these regulations If an exotic can be placed in more than one class, the applicant need only apply for one class per exotic. The yearly Exotic Sales Permit must include an inventory of each specific exotic animal per class of exotic animal identified on the Permit Application. The inventory must identify every exotic animal by accurate description (e.g. age, gender, breed, markings/color, approximate weight, tattoo, microchip, etc.,) stocked at the business at the time of application for the yearly Permit. 10.2.2The enclosure and welfare requirements listed in 5.1 above must be met before an application for an Exotic Animal Sales Permit can be accepted for consideration by the Department of Agriculture. 10.2.3When a business that is permitted by the Department of Agriculture to have exotic animals for the purpose of selling those animals, is approached by a prospective purchaser, the seller must as a pre- condition of sale require the purchaser to produce a valid Individual Permit from the Department of Agriculture for the specific exotic animal to be sold/purchased. If the purchaser resides outside the State of Delaware, the seller must insure as a precondition of sale that the exotic has a valid health certificate issued by a United States Department of Agriculture accredited veterinarian. A copy of the purchaser’s Individual Permit must be maintained by the seller for 3 years after the sale of the exotic animal. Failure to keep a copy of the purchaser’s Individual Permit is grounds for revocation of the Exotic Animals Sales Permit. 10.3Accredited Zoo Permit 10.3.1All zoos in Delaware accredited by the Association of Zoos and Aquariums (AZA) must apply for an Accredited Zoo Permit every year. The Accredited Zoo Permit covers every exotic animal housed or kept at the Zoo. The yearly Accredited Zoo Permit application must include a current copy of their on-going accreditation document and identify an inventory of every exotic animal by accurate description (age, gender, breed, markings/color, approximate weight, tattoo, microchip, etc.) kept at the Zoo at the time of the renewal of the annual Accredited Zoo Permit. 11.1The owner or custodian of an exotic who learns of its escape from its enclosures must immediately notify the Department of the escape. The owner or custodian of an escaped exotic also has a duty to offer assistance to recapture the exotic. 12.1The State Veterinarian may deny an application or renewal for a permit if the State Veterinarian or her/his designee determines that the applicant has not fulfilled the requirements of these regulations at such time of application or for any other reason the State Veterinarian deems a denial justified. The denial must be accompanied by a reason for the denial. Reasons for denials may include, but are not limited to: a zoo losing its accreditation, an exotic animal biting, maiming, or otherwise injuring a human, an exotic animal escaping from its enclosure, any zoonotic disease concerns with the exotic animal, the applicant fails to provide a current literature review of the welfare standards for the exotic animal in question, or the applicant fails to maintain the welfare standards applicable to keeping the exotic. The applicant may re-apply at anytime, but each application fee is non- refundable, and each successive application that was previously denied must indicate what corrective actions have been taken to bring the applicant’s current application into compliance with current regulations. 12.2The State Veterinarian may revoke a permit previously issued under these regulations, if the permit holder is found to be in violation of these regulations. 12.3The applicant may appeal a revocation of a permit previously issued to the Secretary of Agriculture (or designee) and request a public hearing. 12.3.1Public Hearing 12.3.1.1Whenever the State Veterinarian proposes to revoke a permit previously issued for any reason other than an immediate and unreasonable risk of harm to the public (in which case the exotic animal in question is subject to immediate seizure and possible destruction), the Department shall first give written notice to the permit holder of the State Veterinarian’s determination and the reasons therefore. The written notice shall inform the permit holder that he or she has the right to challenge the determination and to request a hearing before the Secretary of the Department or his or her designee. A request for a public hearing must be in writing and must be received by the Department within ten (10) days of the date of the written notice to such permit holder. If no timely request for a hearing is received by the Department, the State Veterinarian’s determination becomes final. The hearing shall be informal and the technical rules of evidence shall not apply. The public hearing shall be scheduled by the Department as soon as practicable, but in no event more than thirty (30) days after receiving the written request for a public hearing. 12.3.1.2The issue at the public hearing will be to determine whether the permit holder has satisfied and continues to satisfy all of the requirements for obtaining or retaining a permit under these regulations. The public hearing shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within thirty (30) days of the date of the public hearing. Appeals from the Secretary’s or his or her designee’s decision shall be to the Superior Court of the State of Delaware. 13.1When the Department has reason to believe that an exotic is being possessed in the state without a proper permit granted by the State Veterinarian, the Department shall send a written notice to the possessor of the legal obligation to obtain a permit within ten (10) days from the date of the written notice. The State Veterinarian, for good cause shown, and upon written request of the possessor, may grant an additional ten (10) day extension to such possessor if, in the State Veterinarian’s sound discretion such an extension will not endanger the public health, safety and welfare. 13.1.1Public Hearing 13.1.1.1If the possessor of an exotic notified pursuant to subsection 12.1 believes that an exotic in his or her custody is not subject to these provisions, he or she may request a public hearing before the Secretary or his or her designee. A request for a public hearing must be in writing and received by the Department within ten (10) days of the date of the notice to the possessor of such alleged violation. The hearing shall be informal and the technical rules of evidence shall not apply. 13.1.1.2The issue at the public hearing will be to determine whether the animal possessed in the state is in fact an exotic. The public hearing shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within thirty (30) days of the date of the public hearing. Appeals from the Secretary’s or his or her designee’s decision shall be to the Superior Court of the State of Delaware. PUBLIC NOTICE The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rule 10 by the addition of a proposed Rule 10.2.8.3. The Commission will hold a public hearing on the proposed rule changes on May 13, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on April 1, 2008. The proposed changes are for the purpose of updating Rule 10 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/ services/current_issue.shtml A copy is also available for inspection at the Racing Commission office. (Break in Continuity of Sections) 10.1General Provisions This chapter contains the rules of procedure for State Steward and judges' hearings, and for Commission proceedings. 10.2Proceedings by State Steward or Judges 10.2.1Rights of the Licensee A person who is the subject of the disciplinary hearing conducted by the State Steward or judges is entitled to: 10.2.1.1Proper notice of all charges; 10.2.1.2Confront the evidence presented, including: 10.2.1.2.1the right to counsel at the person's expense; 10.2.1.2.2the right to examine all evidence to be presented against him; 10.2.1.2.3the right to present a defense; 10.2.1.2.4the right to call witnesses; and 10.2.1.2.5the right to cross examine witnesses. 10.2.1.3Waive any of the above rights. 10.2.2Complaints 10.2.2.1A complaint must be in writing and filed with the State Steward or judges within 30 days after the action that is the subject of the complaint. 10.2.2.2On their own motion or on receipt of a complaint from an official or other person regarding the actions of a licensee, the State Steward or judges may conduct an inquiry and disciplinary hearing regarding a licensee's actions. 10.2.3Summary Suspension 10.2.3.1If the State Steward or judges determine that a licensee's actions, other than those of a licensed association, constitute an immediate danger to the public health, safety or welfare, the State Steward or judges the Commission Investigator, may summarily suspend the license pending a hearing. 10.2.3.2A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the third racing day after the license was summarily suspended. The licensee may waive his right to a hearing on the summary suspension within the three-day limit. 10.2.3.3The State Steward or judges shall conduct a hearing on a summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee's license should remain suspended pending a final disciplinary hearing and ruling. 10.2.4Notice 10.2.4.1Except as provided by these rules regarding summary suspensions, the State Steward or judges shall provide written notice at least 24 hours before the hearing to a person who is the subject of a disciplinary hearing. The person may waive his right to 24-hour notice by executing a written waiver. 10.2.4.2Notice given under this section must include: 10.2.4.2.1a statement of the time, place and nature of the hearing; 10.2.4.2.2a reference to the particular sections of the statutes or rules involved; and 10.2.4.2.3a short, plain description of the alleged conduct that has given rise to the disciplinary hearing. 10.2.4.3If possible, the State Steward or his designee, or the judges or their designee, shall hand deliver the written notice of the disciplinary hearing to the person who is the subject of the hearing. If hand delivery is not possible, the State Steward or judges shall mail the notice to the person's last known address, as found in the Commission's licensing files, by regular mail and by certified mail, return receipt requested. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a horse, the State Steward shall provide written or oral notice of the hearing to the owner, managing owner or lessee of the horse. Oral notice of any hearing shall suffice upon attestation by the State Steward that such notice was given the person who is the subject of the hearing. 10.2.4.4Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the State Steward or judges. The State Steward or judges may suspend the license of a person who fails to appear at a disciplinary hearing after written or oral notice of the hearing has been sent or delivered in compliance with this subsection. 10.2.5Continuances 10.2.5.1Upon receipt of a notice, a person may request a continuance of the hearing. 10.2.5.2The State Steward or judges may grant a continuance of any hearing for good cause shown. 10.2.5.3The State Steward or judges may at any time order a continuance on their own motion. 10.2.6Evidence 10.2.6.1Each witness at a disciplinary hearing conducted by the State Steward or judges must be sworn by the State Steward or presiding judge. 10.2.6.2The State Steward or judges shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the State Steward or judges may disallow evidence that is irrelevant or unduly repetitive of other evidence. The State Steward or judges shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The State Steward or judges may admit hearsay evidence if the State Steward or judges determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by Delaware law apply in hearings before the State Steward or judges. 10.2.6.3The burden of proof is on the person bringing the complaint to show, by a preponderance of the evidence, that the licensee has violated or is responsible for a violation of the Act or a Commission rule. 10.2.6.4The State Steward or judges shall make a tape recording of a disciplinary hearing. A copy or a transcript of the recording may be made available at the expense of the requesting person. 10.2.7Ruling 10.2.7.1The issues at a disciplinary hearing shall be decided by the State Steward or by a majority vote of the judges. 10.2.7.2A ruling by the State Steward or judges must be on a form prescribed by the Commission and include: 10.2.7.2.1the full name, social security number, date of birth, last record address, license type and license number of the person who is the subject of the hearing; 10.2.7.2.2a statement of the charges against the person, including a reference to the specific section of the Act or rules of the Commission that the licensee is found to have violated; 10.2.7.2.3the date of the hearing and the date the ruling was issued; 10.2.7.2.4the penalty imposed; 10.2.7.2.5any changes in the order of finish or purse distribution; 10.2.7.2.6other information required by the Commission; and 10.2.7.2.7the right to appeal to the Commission. 10.2.7.3A ruling must be signed by the State Steward or by a majority of the judges, as the case may be. 10.2.7.4Upon request, the State Steward or his designee, or the judges or their designee, shall hand deliver or mail a copy of the ruling to the person who is the subject of the ruling. If hand delivery is not possible, the State Steward or judges shall mail the ruling to the person's last known address, as found in the Commission's licensing files, by regular mail and by certified mail, return receipt requested. A copy of the ruling shall be sent to the Association of Racing Commissioners International, and if the ruling includes the disqualification of a horse, the State Steward or judges shall provide a copy of the ruling to the horsemen's bookkeeper, breed registry(ies) and other regulatory agencies, and shall notify the United States Trotting Association, in the manner provided by this subsection. 10.2.7.5At the time the State Steward or judges inform a person who is the subject of the proceeding of the ruling, the State Steward or judges shall inform the person of the person's right to appeal the ruling to the Commission. 10.2.7.6All fines imposed by the State Steward or judges shall be paid to the Commission within ten (10) days after the ruling is issued, unless otherwise ordered. 10.2.8Effect of Rulings 10.2.8.1Rulings against a licensee apply to another person if continued participation in an activity by the other person would circumvent the intent of a ruling by permitting the person to serve, in essence, as a substitute for the ineligible licensee. 10.2.8.2The transfer of a horse to avoid application of a Commission rule or ruling is prohibited. 10.2.8.3The horses of a trainer and/or owner issued a full suspension (or under appeal of a full suspension) may not be transferred to a spouse, member of the immediate family, assistant, current or former employee/employer, or household member. All trainer and owner transfers of horses from parties under a full suspension (or parties under appeal of a full suspension) to other owners or trainers who are not spouses, members of the immediate family, assistants, current or former employees/employers, or household members must be approved by the DHRC judges or the DHRC Administrator. *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:// regulations.delaware.gov/AdminCode/title3/500/index.shtml#TopOfPage The Delaware Thoroughbred Racing Commission in accordance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends Section 15 of the rules and regulations to address use of Androgenic-Anabolic Steroids by thoroughbred horses by amending existing Rule 15.1.3.1.3 and adding new Rule 15.1.17. A public hearing will be held on March 11, 2008 at 10:00 a.m. in the second floor conference room of the Horsemen’s Office at Delaware Park, 777 Delaware Park Boulevard, Wilmington, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware. Copies are also published online at the Register of Regulations website: http://regulations.delaware.gov/services/ current_issue.shtml. Persons wishing to submit written comments may forward these to the Commission at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulation at its regularly scheduled meeting following the public hearing. (Break in Continuity of Sections) 15.1Prohibition and Control of Medication: 15.1.1Horses should not compete under the influence of drugs or therapeutic medications. However, horses, in training, like all athletes, may require the administration of therapeutic medications at times to diagnose or treat illness or injury. Certain drugs have no therapeutic use in horses in training, and these drugs should not be administered to horses in training, nor should they be permitted at any concentration in post-race samples. In this context: 15.1.1.1No horse participating in a race shall carry in its body any substance foreign to the natural horse, except as hereinafter provided. 15.1.1.2No foreign substance shall be administered to a horse (entered to race) by injection, oral administration, rectal infusion or suppository, or by inhalation within twenty-four (24) hours prior to the scheduled post time for the first race, except as hereinafter provided. 15.1.1.3No person other than a veterinarian shall have in his possession any equipment for hypodermic injection, any substance for hypodermic administration or any foreign substance which can be administered internally to a horse by any route, except for an existing condition as prescribed by a veterinarian. 15.1.1.4Notwithstanding the provisions of Rule 15.1.1.3 above, any person may have in his possession within a race track enclosure, any chemical or biological substance for use on his own person, provided that, if such chemical substance is prohibited from being dispensed by any Federal law or law of this State without a prescription, he is in possession of documentary evidence that a valid prescription for such chemical or biological substance has been issued to him. 15.1.1.5Notwithstanding the provisions of Rule 15.1.1.3 above, any person may have in his possession within any race track enclosure, any hypodermic syringe or needle for the purpose of administering a chemical or biological substance to himself, provided that he has notified the Stewards: (1) of his possession of such device; (2) of the size of such device; and (3) of the chemical substance to be administered by such device and has obtained written permission for possession and use from the Stewards. 15.1.2Definitions: The following terms and words used in these Rules are defined as: 15.1.2.1Hypodermic Injection shall mean any injection into or under the skin or mucous, including intradermal injection, subcutaneous injection, submucosal injection, intramuscular injection, intravenous injection and intraocular (intraconjunctival) injection. 15.1.2.2Foreign Substances shall mean all substances except those which exist naturally in the untreated horse at normal physiological concentration, and shall also include substances foreign to a horse at levels that cause interference with testing procedures. 15.1.2.3Veterinarian shall mean a veterinary practitioner authorized to practice at the race track. 15.1.2.4Horse includes all horses registered for racing under the jurisdiction of the Commission and for the purposes of these Rules shall mean stallion, colt, gelding, ridgling, filly or mare. 15.1.2.5Chemist shall mean the Commission's chemist. 15.1.2.6Test Sample shall mean any body substance including, but not limited to, blood or urine taken from a horse under the supervision of the Commission's Veterinarian and in such manner as prescribed by the Commission for the purpose of analysis. 15.1.2.7Race Day shall mean the 24-hour period prior to the scheduled post time for the first race. 15.1.3 Foreign Substances: 15.1.3.1No horse participating in a race shall carry in its body any foreign substance except as provided in Rule 15.1.3.1.3: 15.1.3.1.1 A finding by the chemist that a foreign substance is present in the test sample shall be prima facie evidence that such foreign substance was administered and carried in the body of the horse while participating in a race. Such a finding shall also be taken as prima facie evidence that the Trainer and agents responsible for the care or custody of the horse has/have been negligent in the handling or care of the horse. 15.1.3.1.2 A finding by the chemist of a foreign substance or an approved substance used in violation of Rule 15.1 in any test sample of a horse participating in a race shall result in the horse being disqualified from purse money or other awards, except for purposes of pari-mutuel wagering which shall in no way be affected. 15.1.3.1.3 A foreign substance of accepted therapeutic value may be administered as prescribed by a Veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Advisory Committee of the National Association of State Racing Commissioners and approved by the Commission. Aminocaproic acid may be present in a horse's body while it is participating in a race, subject to all the provisions of these Rules. Androgenic-Anabolic Steroids are subject to the provisions of Rule 15.17. (Break in Continuity of Sections) 15.17Androgenic-Anabolic Steroids 15.17.1No Androgenic-Anabolic Steroids shall be permitted in test samples collected from racing horses except for residues of the major metabolite of stanozolol, nandronlone, and the naturally occurring substances, boldenone and testosterone, at concentrations less than the indicated thresholds: 15.17.1.1Concentrations of these Androgenic - Anabolic Steroids shall not exceed the following urine threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates): 15.17.1.1.116-Hydroxystanozolol (metabolite of stanozolol (Winstrol®)) – 1ng/ml in urine for all horses regardless of sex. 15.17.1.1.2Boldenone (Equipoise® is the undecylenate ester of boldenone) in male horses other than geldings - 15 ng/ml in urine. No boldenone shall be permitted in geldings or female horses. 15.17.1.1.3Nandrolone (Durabolin® is the phenylpropionate ester and Deca- Durabolin® is the decanoate ester) 15.17.1.1.3.1In geldings – 1 ng/ml in urine. 15.17.1.1.3.2In fillies and mares – 1 ng/ml in urine. 15.17.1.1.4Testosterone 15.17.1.1.4.1In geldings – 20 ng/ml in urine. 15.17.1.1.4.2In fillies and mares – 55 ng/ml in urine. 15.17.2All other Androgenic - Anabolic Steroids are prohibited in racing horses. 15.17.3Post-race samples collected from intact males shall be identified to the laboratory. 15.17.4Any horse to which one of these Androgenic - Anabolic Steroids has been administered in order to assist in the recovery from an illness or injury may be placed on the veterinarian’s list in order to monitor the concentration of the drug or metabolite in urine. After the concentration has fallen below the designated threshold for the administered Androgenic - Anabolic Steroids, the horse is eligible to be removed from the list. 1 DE Reg. 508 (11/1/97) 1 DE Reg. 1184 (2/1/98) 3 DE Reg. 754 (12/1/99) 4 DE Reg. 179 (7/1/00) 4 DE Reg. 1131 (1/1/01) 4 DE Reg. 1821 (5/1/01) 6 DE Reg. 641 (11/1/02) 6 DE Reg. 1205 (3/1/03) 7 DE Reg. 766 (12/1/03) 7 DE Reg. 1540 (5/1/04) 8 DE Reg. 1699 (6/1/05) 10 DE Reg. 546 (09/01/06) 10 DE Reg. 1581 (04/01/07) *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 Thoroughbred Racing Commission is available at: http:// regulations.delaware.gov/AdminCode/title3/1000/index.shtml#TopOfPage Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 104 Education Profiles for Schools, Districts, and the State. The amendments provide that the print format of the school, district, and state profiles may vary from the web version because the print format is intended to summarize the detail contained on the website. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before May 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation defines the process for communicating the student achievement results to the public. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation defines the process for communicating the student achievement results to the public. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation defines the process for communicating the student achievement results to the public but does not specifically address health and safety issues. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation defines the process for communicating the student achievement results to the public but does not specifically address issues of students’ legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation defines the specific elements that must be in the profiles on student achievement. 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 continues an existing requirement to produce school profiles and does not require local boards or schools to provide any additional requirements. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The federal and state statutes as reflected in the amended regulation are more specific as to the content of the profiles. 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 regulation? The state statute requires the Department of Education to promulgate this regulation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? The state pays for the cost of developing the profiles. 104 Education Profiles for Schools, Districts, and the State All public schools, including charter schools, reorganized or vocational-technical school districts and the State shall issue Delaware Public Education Profiles on the state of Delaware’s public school system as required by 14 Del.C. §124A. The profiles shall be provided in a web format as well as an abbreviated print format pursuant to 2.0 of this regulation. The profiles shall be referred to as school, district, and state Profiles respectively. Each website profile shall contain, but need not be limited to, the following information, aggregated at the appropriate level (school, district or state), unless otherwise noted: 1.1Information on student achievement at each performance level on the state reading, writing, mathematics, science, and social studies academic assessments. Such information shall be disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15). 1.2The most recent 2 year trend in student achievement in each of the five content areas as assessed by the DSTP, and for each grade level the assessments are administered; 1.3The percentage of students not tested in reading/language arts and mathematics disaggregated by the student subgroups as defined in 1.9, except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15). 1.4Information that provides a comparison between the actual achievement levels of each student subgroup meeting proficiency and those that have not met proficiency, as defined in 14 DE Admin. Code 103 and the state’s annual measurable objectives for each such group of students in the reading and language arts and mathematics academic assessments; 1.5Aggregate information of the percent proficient on the combined scores of the science and social studies academic assessments for elementary and middle schools, used as the other indicator to determine Annual Yearly Progress (AYP) of students in achieving the state academic standards disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15). 1.6For secondary schools only, graduation rate is defined as the number of students enrolled in the school in the ninth grade and who graduate with a diploma four years later, excluding students who earn a GED certificate, divided by the same number plus those who have dropped out during the same four year period, disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15). 1.7Information on the performance of the school, district, or state regarding making adequate yearly progress, including the number and names of each school identified as Under School Improvement. 1.8Information regarding the professional qualifications of teachers in the school, district and state, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the state not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low poverty schools which means schools in the top quartile of poverty and the bottom quartile of poverty in the State; 1.9Information pertaining to the AYP status and accountability ratings; 1.10Information pertaining to school safety and discipline and student attendance; 1.11Information pertaining to school district administrator to student ratios, school teacher to student ratios and other staffing ratios; 1.12Information pertaining to pupil and staff demographics; 1.13Information pertaining to school district revenues, expenditures, tax rates and wealth (district profile only); 1.14Information pertaining to school curricular offerings (school profile only); 1.15Information pertaining to parent and community involvement in the school and school district; 1.16Examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments (only in school profile); and 1.17Other items from time to time that may be required by the federal Elementary and Secondary Education Act. 7 DE Reg. 65 (7/1/03) The profiles will be published, subject to an annual appropriation in the annual state budget act, at the expense of the state. School and districts specific data shall be submitted, in the format requested, to the Department in the time frame delineated in the Data Acquisition Calendar. The State shall have the profiles available on the Department of Education website no later than August 15, 2003 and on or before August 1 of each subsequent year. The State shall have the profiles available on the Department of Education website on or before August 1st of each year. In addition, subject to an annual appropriation in the annual state budget act, the profiles shall be published in a print format as determined by the Department that does not exceed four pages. The print format is intended to summarize the detail contained on the website. 7 DE Reg. 65 (7/1/03) Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1550 Agriculture Teacher The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). This Career and Technical Education regulation is being amended to reflect the currently accepted certification regulation language and abbreviated format. The amended regulation title will read 1550 AgriScience Teacher. This regulation sets forth the requirements for an AgriScience Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday May 5, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 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? 14Del.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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1550 Agriculture Teacher This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Agriculture Teacher. (Grades K to 12) 7 DE Reg. 775 (12/1/03) 7 DE Reg. 100 (01/01/06) 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a 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 approved by the State Board. The term ‘educator’ does not include substitute teachers. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university of a professional development provided approved by the employing school district or charter school. “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. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “NASDTEC” means The National Association of State Directors of Teacher. Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. "Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) The Department shall issue a Standard Certificate as an Agriculture Teacher to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements: 3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in Agriculture; or 3.1.3Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.4Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3Meeting the requirements for licensure and holding a valid and current license or certificate from another state in agriculture; 3.3.1The Department shall not act on an application for certification 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; or 3.4Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 97 (07/01/06) Educators may hold certificates in more than one area. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) An applicant for a Standard Certificate shall submit: 5.1Official transcripts; and 5.2Official scores on the Praxis II examination if applicable and available; or 5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 5.4An official copy of the out of state license or certification, if applicable. 5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above. 10 DE Reg. 100 (07/01/06) If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 10 DE Reg. 100 (07/01/06) This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008. 10 DE Reg. 100 (07/01/06) A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules. 10 DE Reg. 100 (07/01/06) The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) Renumbered effective 6/1/07 - see Conversion Table 1550 AgriScience Teacher 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for AgriScience Teacher. This certification is required for grades 9 to 12, and in grades 6 to 8 in a Middle Level school. 1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an AgriScience Teacher to an educator who has met the following: 3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) Renumbered effective 6/1/07 - see Conversion Table Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1551 Business Education Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). This Career and Technical Education regulation is being amended to reflect the currently accepted certification regulation language and abbreviated format. This regulation sets forth the requirements for a Business Education Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday May 5, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 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? 14Del.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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1551 Business Education Teacher This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. 1220(a), for Business Education Teacher (required for grades 9 to 12, and valid in grades 5 to 8 in a middle level school). 7 DE Reg. 775 (12/1/03) 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a 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. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. “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. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major in Business” means a major in business administration or management, or a related field, including, but not limited to, accounting, economics, finance or marketing. “Major or its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “NASDTEC” means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) The Department shall issue a Standard Certificate as a Business Education Teacher to an educator who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003, who has met the following requirements: 3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in business education; or 3.1.3Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.4Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification. Of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3Meeting the requirements for licensure and holding a valid and current license or certificate from another state in Business Education. 3.3.1The Department shall not act on an application for certification 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; or 3.4Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) Educators may hold certificates in more than one area. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) An applicant for a Standard Certificate shall submit: 5.1Official transcripts; and 5.2Official scores on the Praxis II examination if applicable and available; or 5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 5.4An official copy of the out of state license or certification, if applicable. 5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above. If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 10 DE Reg. 100 (07/01/06) This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008. 10 DE Reg. 100 (07/01/06) A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules. The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) Renumbered effective 6/1/07 - see Conversion Table 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Business Education Teacher. This certification is required for grades 9 to 12, and in grades 6 to 8 in a Middle Level school. 1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Business Education Teacher to an educator who has met the following: 3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (07/01/06) Renumbered effective 6/1/07 - see Conversion Table Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1554 Family and Consumer Sciences Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). This Career and Technical Education regulation is being amended to reflect the currently accepted certification regulation language and abbreviated format. This regulation sets forth the requirements for a Family and Consumer Sciences Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday May 5, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 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? 14Del.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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1554 Family and Consumer Sciences Teacher 1.1This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Family and Consumer Sciences Teacher. 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Department” means the Delaware Department of Education. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. 3.0Standard Certificate In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Family and Consumer Sciences Teacher to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1Graduating from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university, with a major in Family and Consumer Sciences; or 3.2Graduating from a state approved educator preparation program offered by a regionally accredited college or university, with a major in Family and Consumer Sciences, where the state approval body employed the appropriate NCATE specialty organization standards; or 3.3A minimum of 39 semester hours with at least one course in each of the following areas: 3.3.1Adult Development or Aging; 3.3.2Methods of Teaching Family and Consumer Sciences; 3.3.3Identifying and Treating Exceptionalities; 3.3.4Effective Teaching Strategies; 3.3.5Multicultural Education; 3.3.6Consumer Economics or Resource Management; 3.3.7Life Span Development, Human Development, Child Development and Adult Development; 3.3.8Adolescent Development; 3.3.9Family and Human Sexuality; 3.3.10Nutrition and Food Principles; 3.3.11Textiles and Clothing; and 3.3.12Curriculum and Evaluation for Family and Consumer Sciences. 8 DE Reg. 553 (10/1/04) Renumbered effective 6/1/07 - see Conversion Table 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Family and Consumer Sciences Teacher. This certification is required for grades 9 to 12, and in grades 6 to 8 in a Middle Level school. 1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Family and Consumer Sciences Teacher to an educator who has met the following: 3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3Has satisfied the additional requirements in this regulation. 4.1If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1.1If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Family and Consumer Sciences, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. 8 DE Reg. 553 (10/1/04) Renumbered effective 6/1/07 - see Conversion Table Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1555 Marketing Education Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). This Career and Technical Education regulation is being amended to reflect the currently accepted certification regulation language and abbreviated format. This regulation sets forth the requirements for a Marketing Education Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday May 5, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 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? 14Del.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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1555 Marketing Education Teacher 1.1This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Marketing Education Teacher. 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Department” means the Delaware Department of Education “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Marketing Education Teacher to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1 A bachelor’s degree from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university with a major in marketing education; or 3.2A bachelor’s degree from a state approved educator preparation program offered by a regionally accredited college or university, with a major in marketing education, where the state approval body employed the appropriate NASDTEC standards or NCATE specialty organization standards; or 3.3A bachelor’s degree from a regionally accredited college or university with a major in marketing; and 3.3.1A minimum of twenty four (24) semester hours of pedagogy courses from a regionally accredited college or university to include at least three (3) credits in each of the following: 3.3.1.1Human Development; 3.3.1.2Methods of Teaching Marketing or Business Education; 3.3.1.3Identifying and Treating Exceptionalities; 3.3.1.4Effective Teaching Strategies; and 3.3.1.5Multicultural Education; or 3.4A bachelor’s degree in any field and completion of the semester hours indicated below from a regionally accredited college or university, taken either as part of a degree program or in addition to it, and completion of the course work set forth in 3.3.1: 3.4.1A minimum of eighteen (18) semester hours in marketing, selected from the following areas: 3.4.1.1Visual Merchandising and Display; 3.4.1.2Advertising and Promotional Strategies; 3.4.1.3Economics 3.4.1.4Management; 3.4.1.5Retailing; 3.4.1.6Business Law; 3.4.1.7Fashion and Design; 3.4.1.8Salesmanship; 3.4.1.9Marketing; 3.4.1.10E marketing and Website Design; 3.4.1.11Business Ethics; 3.4.1.12Human Resource Management; or 3.4.1.13Entrepreneurship. 8 DE Reg. 1611 (5/1/05) Renumbered effective 6/1/07 - see Conversion Table 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Marketing Education Teacher. This certification is required for grades 9 to 12, and in grades 6 to 8 in a Middle Level school. 1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Marketing Education Teacher to an educator who has met the following: 3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3Has satisfied the additional requirements in this regulation. 4.1If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1.1If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Marketing Education, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. 8 DE Reg. 1611 (5/1/05) Renumbered effective 6/1/07 - see Conversion Table Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d) A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1557 Technology Education Teacher. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). This Career and Technical Education regulation is being amended to reflect the currently accepted certification regulation language and abbreviated format. This regulation sets forth the requirements for a Technology Education Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday May 5, 2007 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 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? 14Del.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 adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1557 Technology Education Teacher 1.1This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Technology Education Teacher (Grades K to 12). 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Department” means the Delaware Department of Education. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Technology Education Teacher to an applicant who holds a valid Delaware Initial, Continuing, or Advanced License; or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, and who meets the following requirements: 3.1A bachelor’s degree from an NCATE specialty organization recognized educator preparation program offered by a regionally accredited college or university with a major in technology education; or 3.2A bachelor’s degree from a state approved educator preparation program offered by a regionally accredited college or university, with a major in technology education, where the state approval body employed the appropriate NASDTEC standards or NCATE specialty organization standards with a major in technology education; or 3.3Passage of the appropriate PRAXIS™ II test approved by the Standards Board and the State Board in Technology Education; or 3.4A bachelor’s degree in any field from a regionally accredited college or university and completion of the semester hours indicated below from a regionally accredited college or university, taken either as part of a degree program or in addition to it: 3.4.1A minimum of twenty four (24) semester hours in technology systems or equivalent areas, with a minimum of six (6) semester hours in each of the three areas listed below and an additional six (6) semester hours in any one of the areas listed below: 3.4.1.1Communications (a minimum of six (6) semester hours): 3.4.1.1.1Courses which contain the applications of communication technologies which compose, store, send, receive, and understand ideas and information. 3.4.1.2Physical Technology Systems (a minimum of six (6) semester hours): 3.4.1.2.1Production: Courses which contain the analysis of goals, inputs, processes, outputs, and feedback of manufacturing and construction systems. 3.4.1.2.2Energy: Courses which contain the principles and applications of radiant and potential energy, fluid and mechanical power. 3.4.1.2.3Transportation: Courses which contain concepts and applications of land, air, space, and sea transportation. 3.4.1.3Bio related (a minimum of six (6) semester hours): 3.4.1.3.1Courses which contain techniques and methods for managing and retrofitting bio related systems in existing and futuristic residential, commercial, and industrial environments; and 3.4.2A minimum of twenty one (21) semester hours of pedagogy from a regionally accredited college or university, or equivalent in service courses approved by the Department, to include: 3.4.2.1Human Development; 3.4.2.2Methods and Strategies for Teaching Technology Education; 3.4.2.3Identifying and Treating Exceptionalities; 3.4.2.4Effective Teaching Strategies; 3.4.2.5Multicultural Education; 3.4.2.6Standards Based Technology Education in Delaware; and 3.4.2.7Student Organizations. 9 DE Reg. 547 (10/1/05) Renumbered effective 6/1/07 - see Conversion Table 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Technology Education Teacher. This certification is required for grades 9 to 12, and in grades 6 to 8 in a Middle Level school. 1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.2 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Technology Education” means a study of technology, which provides an opportunity for students to learn about the processes and knowledge related to technology that are needed to solve problems and extend human capabilities. This study includes the application of the Design Process, the Systems Model, technological resources, engineering design and Design Briefs. 3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Technology Education Teacher to an educator who has met the following: 3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and, 3.1.3Has satisfied the additional requirements in this regulation. 4.1If an examination of content knowledge such as Praxis II is not applicable and available, in the area the Standard Certificate is requested, an educator must also meet the following: 4.1.1If the educator is applying for their second Standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development related to Technology Education, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department. 9 DE Reg. 547 (10/1/05) Renumbered effective 6/1/07 - see Conversion Table DIVISION OF MEDICAID AND MEDICAL ASSISTANCE PUBLIC NOTICE In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) related to the implementation of the Medicaid Buy-In program for the working disabled. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by April 30, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSED AMENDMENT The proposed amends the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) to implement a Medicaid Buy-In (MBI) program and to comply with federal law to ensure federal financial participation as it relates to the MBI Program for working individuals with disabilities. This program will allow disabled individuals receiving Medicaid to return to the workplace without losing their Medicaid coverage, by paying a monthly premium, if applicable. Statutory Authority •1902(a)(10)(A)(ii)(XIII) of the Social Security Act, Working disabled individuals who buy into Medicaid; •1902(a)(10)(A)(ii)(XV) of the Social Security Act, Working disabled individuals who buy into Medicaid under TWWIIA (Ticket to Work and Work Incentives Improvement Act of 1999) Basic Coverage Group; •1916(g) of the Social Security Act, Premiums - Working Disabled Individuals; and, •Balanced Budget Act (BBA) of 1997, Section 4733, State Option To Permit Workers With Disabilities To Buy Into Medicaid. Background BBA Eligibility Group Section 4733 of the Balanced Budget Act of 1997 (BBA) allows States to provide Medicaid coverage to working individuals with disabilities who, because of their earnings, cannot qualify for Medicaid under other Statutory provisions. Section 4733 allows States to provide Medicaid coverage to these individuals by creating a new optional categorically needy eligibility group. Summary of Proposed Amendment Congress enacted the Medicaid Buy-In option for states in the Balanced Budget Act of 1997 (§4733) and enhanced the option in the Ticket to Work and Work Incentive Improvement Act of 1999 (P.L. 106-170, 42 USC 1396 et seq.). The purpose of this amendment is to adopt rules for Delaware’s MBI program, as in effect on June 1, 2008. The Division of Medicaid and Medical Assistance (DMMA) proposes to amend Attachment 2.2-A, Page 23eand Attachment 2.6-A, Pages 12c through 12o of the State Medicaid Plan; amend section DSSM 14900; and, propose new Section 17900 of the DSSM to add a new Medicaid categorically needy eligibility group: Medicaid Buy-In Basic Coverage Group. All references in the rules to Medicaid for Workers with Disabilities (MWD) mean the Medicaid Buy-In Program. Section-by-Section Summary: Section 17900 provides a general description of the Medicaid for Workers with Disabilities (MWD) program and the eligibility effective date. The requirements for applying and providing information are provided in §17901, General Eligibility Requirements. The eligibility requirement related to citizenship is contained in §17902, Alien Status. An individual must meet the age requirement under 17903, Age Requirement. The disability requirement for clients is described in §17904, Disability Requirement and the employment requirement the individual must meet is found in §17905, Employment Requirement. Sections 17905 through 17908, Income, explains what income is considered as well as what is excluded. The deeming policy for income is explained in §17909, Deeming of Income. §17910, Financial Eligibility Determination, describe the income tests used to determine financial eligibility. Retroactive Eligibility provisions are contained in Section 17911 and, finally, §17912 implements the monthly cost-sharing requirements for all months of eligibility. The provisions of the proposed amendments to establish Medicaid for Workers with Disabilities (MWD) eligibility requirements, including the monthly cost-sharing requirements, are subject to approval by the Centers for Medicare & Medicaid Services (CMS). DMMA PROPOSED REGULATION #08-11 REVISIONS: Revision: ATTACHMENT 2.2-A PAGE 23d OMB NO.: State/Territory: Citation Groups Covered B. Optional Groups Other Than the Medically Needy (Continued) 1902(a)(10)(A) [ ] 23. BBA Work Incentives Eligibility Group (ii) (XIII) of the Act Individuals with a disability whose net family income is below 250 percent of the Federal poverty level for a family of the size involved and who, except for earned income, meet all criteria for receiving benefits under the SSI program. See page 12c of Attachment 2.6-A. 1902(a)(10)(A) [ X ] 24. TWWIIA Basic Coverage Group - Individuals (ii) (XV) of the Act with a disability at least 16 but less than 65 years of age whose income and resources do not exceed a standard established by the State. See page 12d of Attachment 2.6-A 1902(a)(10)(A) [ ] 25. TWWIIA Medical Improvement Group (ii) (XVI) of the ActEmployed individuals at least 16 but less than 65 years of age with a medically improved disability whose income and resources do not exceed a standard established by the State. See page 12h of Attachment 2.6-A. NOTE: If the State elects to cover this group, it MUST also cover the Basic Coverage Group described in no. 24 above. Revision: ATTACHMENT 2.6-A Page 12c OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (i) Working Individuals with Disabilities - BBA (ii) (XIII) of the Act In determining countable income and resources for working individuals with disabilities under the BBA, the following methodologies are applied: ___The methodologies of the SSI program. ___The agency uses methodologies for treatment of income and resources more restrictive than the SSI program. These more restrictive methodologies are described in Supplement 4 (income) and/or Supplement 5 (resources) to Attachment 2.6-A. ___The agency uses more liberal income and/or resource methodologies than the SSI program. More liberal methodologies are described in Supplement 8a to Attachment 2.6-A. More liberal resource methodologies are described in Supplement 8b to Attachment 2.6-A. Revision: ATTACHMENT 2.6-A Page 12d OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (ii) Working Individuals with Disabilities - Basic (ii) (XV) of the Act Coverage Group - TWWIIA In determining financial eligibility for working individuals with disabilities under this provision, the following standards and methodologies are applied: ___ The agency does not apply any income or resource standard. NOTE: If the above option is chosen, no further eligibility-related options should be elected. X The agency applies the following income and/or resource standard(s): 1.Income Standard: 275% of the federal poverty level (FPL). 2.Resource Standard: No resource or other asset eligibility criteria for Basic Coverage Group – TWWIIA. Revision: ATTACHMENT 2.6-A Page 12e OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) Income Methodologies (ii) (XV) of the Act (cont.) In determining whether an individual meets the income standard described above, the agency uses the following methodologies. XThe income methodologies of the SSI program. ___The agency uses methodologies for treatment of income that are more restrictive than the SSI program. These more restrictive methodologies are described in Supplement 4 to Attachment 2.6-A. ___The agency uses more liberal income methodologies than the SSI program. More liberal income methodologies are described in Supplement 8a to Attachment 2.6-A. Revision: ATTACHMENT 2.6-A Page 12f OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (ii) (XV) of the Act (cont.)Resource Methodologies In determining whether the individual meets the resource standard described above, the agency uses the following methodologies. Unless one of the following items is checked the agency, under the authority of section 1902(r)(2) of the Act, disregards all funds held in retirement funds and accounts, including private retirement accounts such as IRAs and other individual accounts, and employer- sponsored retirement plans such as 401(k) plans, Keogh plans, and employer pension plans. Any disregard involving retirement accounts is separately described in Supplement 8b to Attachment 2.6-A. ___ The agency disregards funds held in employer- sponsored retirement plans, but not private retirement plans. ___The agency disregards funds in retirement accounts in a manner other than those described above. The agency’s disregards are specified in Supplement 8b to Attachment 2.6-A. There will be no resource or other asset eligibility criteria for the Basic Coverage Group – TWWIIA. Revision: ATTACHMENT 2.6-A Page 12g OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (ii) (XV) of the Act (cont.) ___The agency does not disregard funds in retirement accounts. __ The agency uses resource methodologies in addition to any indicated above that are more liberal than those used by the SSI program. More liberal resource methodologies are described in Supplement 8b to Attachment 2.6-A. ___The agency uses the resource methodologies of the SSI program. ___The agency uses methodologies for treatment of resources that are more restrictive than the SSI program. These more restrictive methodologies are described in Supplement 5 to Attachment 2.6-A. There will be no resource or other asset eligibility criteria for the Basic Coverage Group – TWWIIA. Revision: ATTACHMENT 2.6-A Page 12h OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (iii) Working Individuals with Disabilities (ii) (XVI) of the Act Employed Medically Improved Individuals -TWWIIA In determining financial eligibility for employed medically improved individuals under this provision, the following standards and methodologies are applied: ____ The agency does not apply any income or resource standard. NOTE: If the above option is chosen, no further eligibility-related options should be elected. ____The agency applies the following income and/or resource standard(s): _____% FPL – Income Standard Revision: ATTACHMENT 2.6-A Page 12i OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) Income Methodologies (ii) (XVI) of the Act (cont.) In determining whether an individual meets the income standard described above, the agency uses the following methodologies. ____The income methodologies of the SSI program. ____The agency uses methodologies for treatment of income that are more restrictive than the SSI program. These more restrictive methodologies are described in Supplement 4 to Attachment 2.6-A. ____The agency uses more liberal income methodologies than the SSI program. More liberal methodologies are described in Supplement 8a to Attachment 2.6-A. Revision: ATTACHMENT 2.6-A Page 12j OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (ii) (XVI) of the Act (cont.)Resource Methodologies In determining whether the individual meets the resource standard described above, the agency uses the following methodologies. Unless one of the following items is checked the agency, under the authority of section 1902(r)(2) of the Act, disregards all funds held in retirement funds and accounts, including private retirement accounts such as IRAs and other individual accounts, and employer- sponsored retirement plans such as 401(k) plans, Keogh plans, and employer pension plans. Any disregard involving retirement accounts is separately described in Supplement 8b to Attachment 2.6-A. ____The agency disregards funds held in employer- sponsored retirement plans, but not private retirement plans. ____The agency disregards funds in retirement accounts in a manner other than those listed above. The agency’s disregards are specified in Supplement 8b to Attachment 2.6-A. Revision: ATTACHMENT 2.6-A Page 12k OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A)____The agency does not disregard funds in (ii)(XVI) of the Act (cont.) retirement accounts. ____The agency uses resource methodologies in addition to any indicated above that are more liberal than those used by the SSI program. More liberal resource methodologies are described in Supplement 8b to Attachment 2.6-A. ____The agency uses the resource methodologies of the SSI program. ____The agency uses methodologies for treatment of resources that are more restrictive than the SSI program. Thes more restrictive methodologies are described in Supplement 5 to Attachment 2.6-A. Revision: ATTACHMENT 2.6-A Page 12l OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) Definition of Employed - Employed Medically (ii) (XVI) and 1905(v)(2) Improved Individuals – TWWIIA of the Act ____The agency uses the statutory definition of “employed”, i.e., earning at least the minimum wage, and working at least 40 hours per month. ____ The agency uses an alternative definition of “employed” that provides for substantial and reasonable threshold criteria for hours of work, wages, or other measures. The agency’s threshold criteria are described below: Revision: ATTACHMENT 2.6-A Page 12m OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10)(A) (ii) (XIII), Payment of Premiums or Other Cost Sharing Charges (XV), (XVI), and 1916(g) of the Act For individuals eligible under the BBA eligibility group described in No. 23 on page 23d of Attachment 2.2-A: X The agency requires payment of premiums or other cost-sharing charges on a sliding scale based on income. The premiums or other cost- sharing charges, and how they are applied, are described below: Revision: ATTACHMENT 2.6-A Page 12n OMB No.: State/Territory: Citation Condition or Requirement 1902(a)(10) (A) (ii) (XIII), For individuals eligible under the Basic Coverage Group (XV), (XVI), and 1916(g) described in No. 24 on page 23d of Attachment 2.2-A, of the Act (cont.) and the Medical Improvement Group described in No. 25 on page 23d of Attachment 2.2-A: NOTE: Regardless of the option selected below, the agency MUST require that individuals whose annual adjusted gross income, as defined under IRS statute, exceeds $75,000 pay 100 percent of premiums. XThe agency requires individuals to pay premiums or other cost-sharing charges on a sliding scale based on income. For individuals with net annual income below 450 percent of the Federal poverty level for a family of the size involved, the amount of premiums cannot exceed 7.5 percent of the individual’s income. The premiums or other cost-sharing charges, and how they are applied, are described on page 12o. Revision: ATTACHMENT 2.6-A Page 12o OMB No.: State/Territory: Citation Condition or Requirement Sections 1902(a) (10) (A) Premiums and Other Cost-Sharing Charges (ii) (XV), (XVI), and 1916(g) of the Act (cont.) For the Basic Coverage Group and the Medical Improvement Group, the agency’s premium or other cost-sharing charges, and how they are applied, are described below. Individuals eligible for Medicaid under this section must pay a monthly premium subject to the following premium structure: Cost Sharing Schedule Percentage of FPL Monthly Premium Amount 101% - 125% $25 126% - 150% $35 151% - 175% $45 176% - 200% $60 201% - 225% $75 226% - 250% $90 251% - 275% $105 DMMA PROPOSED REGULATIONS #08-11b REVISIONS: On May 17, 1995, Delaware received approval from the Health Care Financing Administration (HCFA) (in 2000 on June 14, 2001, HCFA was renamed Centers for Medicare and Medicaid Services [CMS]) for a Section 1115 Demonstration Waiver that is known as the Diamond State Health Plan. The basic idea behind this initiative is to use managed care principles and a strong quality assurance program to revamp the way health care is delivered to Delaware's most vulnerable populations. The Diamond State Health Plan is designed to provide a basic set of health care benefits to current Medicaid beneficiaries as well as uninsured individuals in Delaware who have income at or below 100% of the Federal Poverty Level (FPL). The demonstration waiver will mainstream certain Medicaid recipients into managed care to increase and improve access to medical service while improving cost effectiveness and slowing the rate of growth in health care costs. Effective July 1, 2002, a Medicaid only managed care organization, Diamond State Partners, is implemented. Individuals may enroll in either the Diamond State Health Plan or Diamond State Partners The majority of the Medicaid population receiving non institutional services will be enrolled into the Diamond State Health Plan or Diamond State Partners. Recipients in the cash assistance programs (TANF/AFDC, SSI, and GA) as well as the TANF/AFDC-related groups, SSI-related groups, and poverty level groups will be included in the managed care program. The following individuals cannot enroll in Diamond State Health Plan or Diamond State Partners: a.Individuals entitled to or eligible to enroll in Medicare b.Individuals residing in a nursing facility or intermediate care facility for the mentally retarded (ICF/ MR) c.individuals covered under the home and community based waivers d.non lawful and non qualified non citizens (aliens) d. e.individuals who have Military Health Insurance For Active Duty, Retired Military, and their dependents e. f.individuals eligible under the Breast and Cervical Cancer Group. f. g.presumptively eligible pregnant women h.individuals eligible under Medicaid for Workers with Disabilities (Break in Continuity of Sections) The Ticket to Work and Work Incentives Improvement Act of 1999 established an optional categorically needy eligibility group under Section 1902(a)(10)(A)(ii)(XV) of the Social Security Act. This eligibility group provides Medicaid coverage to certain employed individuals with disabilities. The rules in this section set forth the eligibility requirements under this group entitled Medicaid for Workers with Disabilities (MWD). The implementation date for MWD is June 1, 2008. The Medicaid rules at Section 14000 of the Division of Social Services Manual (DSSM) also apply to MWD except as provided in this section. MWD does not provide state-funded benefits to qualified aliens subject to the 5-year bar under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) or to legally residing nonqualified aliens. The individual must be at least 16 but less than 65 years old. The individual must be disabled as defined under the Supplemental Security Income (SSI) program except that being engaged in substantial gainful activity will not preclude a determination of disability. The disability requirement is met if there is currently in effect a decision by the Social Security Administration (SSA) that the individual is disabled. If there is no SSA decision currently in effect, a contractor who is competent to perform a disability determination will be used. The individual must be engaged in paid employment and document Federal Insurance Contributions Act (FICA) withholding from income. The definition of income is the same definition used by the SSI program. Refer to DSSM 20200-20200.9 and 20210-20210.15 for a detailed description of income. Unearned income is excluded up to $800.00 per month for the individual. There is no $800.00 per month unearned income exclusion for a spouse who is not applying for MWD. This unearned income exclusion will be increased annually by the Cost of Living Adjustment (COLA) announced by the SSA in the Federal Register. Monthly earned income exclusions are applied in the following order: 1.Earned income of disabled student children (under age 18) up to the student earned income exclusion monthly limit, but not more than the student earned income exclusion yearly limit. These limits are updated annually by the Social Security Administration. 2.$20.00 general income exclusion 3.$65.00 of earned income 4.Earned income of disabled individuals used to pay impairment-related work expenses. Expenses must be directly related to the individual’s impairment. These are the costs paid by the individual for certain items and services that he or she needs in order to work even though such items and services are also needed for normal daily activities. Examples include but are not limited to the cost of certain attendant care services, dog guide, modified audio/visual equipment, specialized keyboards, and vehicle modification. The expense cannot be one that a similar worker without a disability would have, such as uniforms. The expenses are subject to reasonable limits. The amount paid will be considered reasonable if it does not exceed the standard or normal cost for the same item or service in the individual’s community. 5.One-half of remaining earned income The term deeming identifies the process of considering another person's income for the eligibility determination. Deeming provisions recognize some measure of family responsibility as they apply from spouse-to-spouse or parent-to-child. The deeming provisions of the SSI program at 20 CFR Part 416, Subpart K, Deeming of Income, are used for the eligibility determination. The Federal Benefit Rate is used in the SSI program for the deeming calculation. The income standard of 275% of the Federal Poverty Level (FPL) will be substituted for the Federal Benefit Rate in the MWD deeming calculation. There are two income tests used to determine financial eligibility: 1.If the monthly unearned income of the individual exceeds $800.00, the individual is ineligible. This unearned income limit will be increased annually by the Cost of Living Adjustment (COLA) announced by the SSA in the Federal Register. 2.Countable income must be at or below 275% of the Federal Poverty Level for the appropriate family size (individual or couple). The individual may be found eligible for up to three months prior to the month of application as described at DSSM 14920-14920.6 provided the premium requirements under MWD are met. Eligibility cannot be retroactive prior to June 1, 2008. Individuals with countable income over 100% FPL are required to pay a monthly premium to receive coverage. Countable income is the same amount that is used to determine eligibility. When a husband and wife are both MWD eligible, a monthly premium is assessed on each spouse. The monthly premium will be based on a sliding scale as follows: Percentage of FPL Monthly Premium 101-125% $25 126-150% $35 151-175% $45 176-200% $60 201-225% $75 226-250% $90 251-275% $105 Exception to sliding scale: An individual or couple whose adjusted gross annual income (as determined under the IRS statute) exceeds $90,008 must pay the highest premium amount listed on the sliding scale. This adjusted gross annual income amount will increase each year by the COLA. A premium is assessed the month an individual is added for coverage including any months of retroactive eligibility. Eligibility for a month is contingent upon the payment of the premium. Payments that are less than one month’s premium will not be accepted. A monthly premium notice for ongoing coverage will be sent to the individual. The premium is due by the 20th of the month for the next month’s coverage. When the premium is not received by the date due, action will be taken to terminate eligibility under MWD. If the premium is received by the last day of the month, eligibility under MWD will be reinstated. Coverage continues pending a fair hearing decision if the fair hearing request is filed within the timely notice period, even if the individual is not paying premiums that are due. DIVISION OF SOCIAL SERVICES PUBLIC NOTICE Child Care Subsidy Program In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services (DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy & Program Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by April 30, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSAL The purpose of this regulatory action is to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program – Necessity of Child Care requirements. DSSM 11003.8, Necessity of Child Care: This rule revision removes the language (and related text) that negates the need for child care if there is another responsible and capable adult in the household who could care for the child. Only parents are legally obligated to care for their child. For parent/caretakers to receive child care services, DSS will need to consider whether child care is necessary. Child care will be considered necessary when: A.the child is not in school during the hours of the parent/caretaker's employment; or B.the child is not in school during the hours of the parent/caretaker's participation in a training or education component of a DSS Food Stamp or TANF Employment and Training program; or C.both parents in a two parent household have a need for child care. For example: 1.in two parent households both parents work; or 2.one works and the other has another need (such as education or training), is incapacitated (a parent who needs to participate in in-patient rehabilitation is included in the meaning of incapacitated) or is unavailable (such as one parent works the late shift and needs to sleep during the day while the other parent works); or D.there is no other responsible and capable adult in the household (such as another family member). DSS will make an exception in the last case if the other adult household member is incapacitated, the child is at risk of abuse, or the age or disposition of the other adult makes it unlikely to expect him/her to provide care (such as grandparents are not required to provide care if they are not inclined to do so on their own). 10 DE Reg. 1007 (12/01/06) INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 302 relating to financial and reporting requirements of captive insurance companies. The docket number for this proposed amendment is 681. The purpose of the proposed amendment to regulation 302 is to update the existing regulation with respect to statutory law. The text of the proposed amendment is reproduced in the April 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http:// www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday May 5, 2008, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. 1.1The purpose of this regulation is to set forth the financial and reporting requirements which the Commissioner deems necessary to the regulation of captive insurance companies, as authorized by the Captive Insurance Companies Act, 18 Del.C. Ch. 69. Reference hereinunder to "company" shall mean captive insurance company or companies, unless otherwise specified. 2.1A captive insurance company doing business in this State shall annually prior to March 1, submit to the Commissioner a report of its financial condition, verified by oath of two of its executive officers. The report shall be that required by 18 Del.C. §6907. 3.1All captive insurance companies shall have an annual audit by an Independent Certified Public Accountant, authorized by the Commissioner, and shall file such audited financial report with the Commissioner on or before June 30 for the year ending December 31 immediately preceding. The management letter must also be submitted to the Commissioner. 3.2The annual audit report shall be considered part of the company's annual report of financial condition except with respect to the date by which it must be filed with the Commissioner. 3.3The annual audit shall consist of the following: 3.3.1Opinion of Independent Certified Public Accountant 3.3.1.1Financial statements furnished pursuant to this section shall be examined by independent certified public accountants in accordance with generally accepted auditing standards as determined by the American Institute of Certified Public Accountants. 3.3.1.2The opinion of the independent certified public accountant shall cover all years presented. 3.3.1.3The opinion shall be addressed to the company on stationery of the accountant showing the address of issuance, shall bear the original manual signatures and shall be dated. 3.3.1.4The opinion shall contain an evaluation of management experience, ability and control. 3.3.2Report of Evaluation of Internal Controls 3.3.2.1This report shall include an evaluation of the internal controls of the company relating to the methods and procedures used in the securing of assets and the reliability of the financial records, including but not limited to such controls as the system of authorization and approval and the separation of duties. 3.3.2.2The review shall be conducted in accordance with generally accepted auditing standards and the report filed with the Commissioner. 3.3.3Accountant's Letter 3.3.3.1The accountant shall furnish the company, for inclusion in the filing of the audited annual report, a letter stating: 3.3.3.1.1That he is independent with respect to the company and conforms to the standards of his profession as contained in the Code of Professional Ethics and pronouncements of the American Institute of Certified Public Accountants and pronouncements of the Financial Accounting Standards Board. 3.3.3.1.2The general background and experience of the staff engaged in audit including the experience in auditing captives and other insurance companies. 3.3.3.1.3That the accountant understands that the audited annual report and his opinions thereon will be filed in compliance with this regulation with the Department of Insurance. 3.3.3.1.4That the accountant consents to the requirements of Section 6.0 of this regulation and that the accountant consents and agrees to make available for review by the Commissioner, his designee or his appointed agent, the work papers as defined in Section 6.0. 3.3.3.1.5That the accountant is properly licensed by the State of Delaware and that he is a member in good standing in the American Institute of Certified Public Accountants. 3.3.4Financial Statements 3.3.4.1Statements required shall be as follows: 3.3.4.1.1Balance sheet 3.3.4.1.2Statement of gain or loss from operations 3.3.4.1.3Statement of changes in financial position 3.3.4.1.4Statement of changes in capital paid up, gross paid in and contributed surplus and unassigned funds (surplus) 3.3.4.1.5Notes to financial statements 3.3.4.1.6The notes to financial statements shall be those required by generally accepted accounting principles, and shall include: 3.3.4.1.6.1A reconciliation of differences, if any, between the audited financial report and the statement or form filed with the Commissioner. 3.3.4.1.6.2A summary of ownership and relationship of the company and all affiliated corporations or companies insured by the captive. 3.3.4.1.6.3A narrative explanation of all material transactions and balances with the company. 3.3.5Certification of Loss Reserves and Loss Expense Reserves 3.3.5.1The annual audit shall include an opinion as to the adequacy of the company's loss reserves and loss expense reserves. 3.3.5.2The individual who certifies as to the adequacy of reserves shall be approved by the Commissioner and shall be a Fellow of the Casualty Actuarial Society, a member in good standing of the American Academy of Actuaries, or an individual who has demonstrated his competence in loss reserve evaluation to the Commissioner. 3.3.5.3Certification shall be in such form as the Commissioner deems appropriate. 4.1Companies, after becoming subject to this regulation, shall within ninety days report to the Commissioner in writing, the name and address of the independent certified public accountant retained to conduct the annual audit set forth in this regulation. 5.1A company shall require the certified public accountant to immediately notify in writing an officer and all members of the Board of Directors of the company of any determination by the independent certified public accountant that the company has materially misstated its financial condition in its report to the Commissioner. The company shall furnish such notification to the Commissioner within five working days of receipt thereof. 6.1Each company shall require the independent certified public accountant to make available for review by the Commissioner of his appointed agent the work papers prepared in the conduct of the audit of the company. The company shall require that the accountant retain the audit work papers for a period of not less than six years after the period reported upon. 6.2The aforementioned review by the Commissioner shall be considered investigations and all working papers obtained during the course of such investigations shall be confidential. The company shall require that the independent certified public accountant provide photocopies of any of the working papers which the Department of Insurance considers relevant. Such working papers may be retained by the Department. 6.3"Working Papers" as referred to in this section include, but are not necessarily limited to, schedules, analyses, reconciliations, abstracts, memoranda, narratives, flow charts, copies of company records or other documents prepared or obtained by the accountant and his employees in the conduct of their examination of the company. 7.1Whenever the Commissioner deems that the financial condition of the company warrants additional security, he may require a company to deposit with the Department or an escrow agent approved by the Commissioner of this State cash or securities approved by the Commissioner or, alternatively, to furnish the Commissioner a clean irrevocable letter of credit issued by a bank chartered by the State of Delaware or a member bank of the Federal Reserve System and approved by the Commissioner. 7.2The company may receive interest or dividends from said deposit or exchange the deposits for others of equal value with the approval of the Commissioner. 7.3If such company discontinues business, the Commissioner shall return such deposit only after being satisfied that all obligations of the company have been discharged. 8.1In addition to the processing of the application, an organizational investigation or examination shall be performed before an applicant is licensed. Such investigation or examination shall consist of a general survey of the company's corporate records, including charter, bylaws and minute books; verification of capital and surplus; verification of principal place of business; determination of assets and liabilities; and a review of such other factors as the Commissioner deems necessary. 9.1Any captive insurance company authorized to do business in this State may take credit for reserves on risks ceded to a reinsurer subject to the following limitations: 9.1.1No credit shall be allowed for reinsurance where the reinsurance contract does not result in the complete transfer of the risk or liability to the reinsurer. 9.1.2No credit shall be allowed, as an asset or a deduction from liability, to any ceding insurer for reinsurance unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contract reinsured without diminution because of the insolvency of the ceding insurer. 9.1.3No credit shall be allowed for reinsurance ceded unless the reinsurer and amount of reinsurance has been approved by the Commissioner annually. 9.1.4Reinsurance under this section shall be effected through a written agreement of reinsurance setting forth the terms, provisions and conditions governing such reinsurance. 9.1.5The Commissioner in his discretion shall require that complete copies of all reinsurance treaties and contracts be filed and/or approved by him. 10.1No person shall, in or from within this State, act as an insurance manager, broker, agent, salesman, or reinsurance intermediary for captive business without the authorization of the Commissioner. Application for such authorization must be on a form prescribed by the Commissioner. 11.1Every company shall report to the Commissioner within thirty days after any change in its executive officers or directors, including in its report a statement of the business and professional affiliations of any new executive officer or director. 11.2No director, officer, or employee of a company shall, except on behalf of the company, accept, or be the beneficiary of, any fee, brokerage, gift, or other emolument because of any investment, loan, deposit, purchase, sale, payment or exchange made by or for the company but such person may receive reasonable compensation for necessary services rendered to the company in his or her usual private, professional or business capacity. 11.3Any profit or gain received by or on behalf of any person in violation of this section shall inure to and be recoverable by the company. 12.1In addition to the investment of funds limitation in Section 11.0 of this regulation, each company chartered in this State is required to adopt a conflict of interest statement for officers, directors and key employees. Such statement shall disclose that the individual has no outside commitments, personal or otherwise, that would divert him from his duty to further the interests of the company he represents but this shall not preclude such person from being a director or officer in more than one insurance company. Each officer, director, and key employee shall file such disclosure with the Board of Directors yearly. 13.1The Commissioner may, subject to the provisions of this section, by order rescind the license of the company: 13.1.1if the company has not commenced business according to its plan of operation within two years of being licensed; or 13.1.2if the company ceases to carry on insurance business in or from within Delaware; or 13.1.3at the request of the company; or 13.1.4for any reason provided in 18 Del.C. §6909. 13.2Before the Commissioner rescinds the license of a company under 13.1.1 or 13.1.2, the Commissioner shall give the company notice in writing of the grounds on which he proposes to cancel the license, and shall afford the company an opportunity to make objection in writing within the period of ten days after receipt of notice. The Commissioner shall take into consideration any objection received by him within that period and, if he decides to cancel the license, cause the order of cancellation to be served on the company. 14.1No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting security of a domestic if, after the consummation thereof, such person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such company; and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic company without the prior written approval of the Commissioner. In considering any application for acquisition of control or merger with a domestic company, the Commissioner shall consider all of the facts and circumstances surrounding the application as well as the criteria for establishment of a company set out in this chapter. 15.1Any change in the nature of the captive business from that stated in the company's plan of operation filed with the Commissioner upon application requires prior approval from the Commissioner. 15.2Any change in any other information filed with the application must be filed with the Commissioner but does not require prior approval. 1.1The purpose of this regulation is to set forth the financial, reporting and other requirements which the Commissioner deems necessary to the regulation of captive insurance companies, as authorized by the Delaware Revised Captive Insurance Company Act, 18 Del.C. Ch. 69. Reference hereinunder to "company" shall mean captive insurance company or companies, unless otherwise specified. 1.2The provisions of this regulation shall apply unless the Commissioner directs otherwise. 2.1Except as provided in 18 Del.C. §6907(c), a company doing business in this State shall annually prior to March 1, submit to the Commissioner a report of its financial condition, verified by oath of two of its executive officers or other authorized persons. The annual report shall comply with the requirements of 18 Del.C. §6907 and the provisions of this regulation. 2.2A company that elects to file its annual report on a fiscal year basis pursuant to 18 Del.C. §6907(c), shall file such report no later than 60 days following the close of such fiscal year. 2.3A company that elects to file its annual report on a fiscal year basis pursuant to 18 Del.C. §6907(c) shall submit, concurrently with each premium tax return required in connection with premium taxes due under 18 Del.C. §6914, a schedule detailing the net direct written and assumed premium for the fiscal year in question. 2.4In order to verify results reported in the company's annual report, each company shall cause its books and records to be audited annually by an independent certified public accounting firm approved in accordance with section 4.0 hereof. 2.5In order to further verify results reported in the company's annual report, in accordance with Section 8.0 hereof each company shall cause to be prepared an opinion certifying the accuracy of the company's life, health, or annuity insurance reserves, or its loss reserves and loss expense reserves, as reported in the annual report. 3.1Each company shall have an annual audit by an Independent Certified Public Accounting Firm and shall file such audited financial report with the Commissioner on or before June 30 for the year ending December 31 immediately preceding. 3.1.1A company that elects to file its annual report on a fiscal year basis pursuant to 18 Del.C. §6907(c), shall submit its annual audit report to the Commissioner no later than 180 days following the close of its fiscal year. 3.1.2A company shall not file an annual audit in which a partner or other person responsible for rendering such annual audit has acted in that capacity for more than seven (7) consecutive years. Each company filing an annual audit shall disqualify such person from acting in that or a similar capacity for the same company or its insurance subsidiaries or affiliates for a period of two (2) years. A company may make application to the Commissioner for relief from the above rotation requirement on the basis of unusual circumstances. The Commissioner may consider the following factors in determining if the relief should be granted: 3.1.2.1Number of partners, expertise of the partners or the number of insurance clients in the company's current independent certified public accounting firm. 3.1.2.2Premium volume of the company; or 3.1.2.3Any other factor. 3.2The annual audit shall consist of the following: 3.2.1Report of independent certified public accounting firm. 3.2.2Balance sheet reporting assets (including, as applicable, admitted assets), liabilities, capital and surplus. 3.2.3Statement of operations. 3.2.4Statement of cash flows. 3.2.5Statement of changes in capital and surplus. 3.2.6Notes to financial statements. These notes shall be those required under generally accepted accounting principles, statutory accounting principles or international financial reporting standards, as applicable, and shall include: 3.2.6.1A reconciliation of differences, if any, between the audited financial statements and the annual report required hereunder with a written description of the nature of these differences. 3.2.6.2A summary of ownership and relationships of the company and all affiliated companies. 3.2.7The financial statements included in the annual audit shall be prepared in a form and using language and groupings substantially the same as the relevant sections of the annual report of the company filed with the Commissioner, and the financial statement shall be comparative, presenting the amounts as of the end of the current fiscal year and the amounts as of the end of the immediately preceding fiscal year. However, in the first year in which a company is required to file an annual audit, the comparative data may be omitted. 3.3Report on Significant Deficiencies and Material Weaknesses in Internal Controls 3.3.1In addition to the annual audit, each company shall furnish the Commissioner with a written report, prepared in accordance with SAS No. 112, or any successor thereto, by the independent certified public accounting firm describing significant deficiencies and material weaknesses in the company's internal control structure noted by the independent certified public accounting firm during the audit. SAS No. 112, Communication of Internal Control Related Matters Identified in an Audit (AU Section 325 of the Professional Standards of the American Institute of Certified Public Accountants), requires an independent certified public accounting firm to communicate significant deficiencies and material weaknesses noted during a financial statement audit to the appropriate parties within an entity. 3.3.2The company is required to provide a description of remedial actions taken or proposed to correct material weaknesses and, at the Commissioner's discretion, significant deficiencies, if such actions are not described in the independent certified public accounting firm's report. 3.4Accountant's Letter 3.4.1The independent certified public accounting firm shall furnish the company, for inclusion in the filing of the annual audit, a letter stating: 3.4.1.1That he is independent with respect to the company and conforms to the standards of his profession as contained in the Code of Professional Ethics and pronouncements of the American Institute of Certified Public Accountants or applicable standards of the International Federation of Accountants or its member organizations. 3.4.1.2The general background and experience of the staff engaged in the audit, and the length of time the person responsible for preparing the annual audit has served in that capacity. 3.4.1.3That the independent certified public accounting firm understands that the audited annual report and its opinions thereon will be filed, in compliance with this regulation, with the Commissioner, and that the Commissioner will be relying on this information in the monitoring and regulation of the financial position of the company. 3.4.1.4That the independent certified public accounting firm consents to the requirements of Section 7.0 of this regulation and that the independent certified public accounting firm consents and agrees to make available for review by the Commissioner, his designee or his appointed agent, the work papers as defined in Section 7.0. 3.4.1.5That the partner or person in charge of the annual audit is properly licensed by an appropriate licensing authority and that he is a member in good standing in the American Institute of Certified Public Accountants or other member organization of the International Federation of Accountants. 4.1Each company shall provide to the Commissioner the name and address of the independent certified public accounting firm retained to conduct the annual audit required under this regulation not less than six months before the date on which the first annual audit conducted by such firm is to be filed with the Commissioner in accordance with Section 3.1 hereof. 4.2For the purposes of conducting the annual audit required under this regulation, a company shall retain only those independent certified public accounting firms approved for such purpose by the Commissioner. 4.3A company seeking approval to extend the Commissioner's examination cycle from three years to five years in accordance with 18 Del.C. §6908 shall retain, for its annual audit, an independent certified public accounting firm approved by the Commissioner specifically for the purpose of such extension. 5.1A company may make written application to the Commissioner for approval to submit a consolidated annual audit in lieu of separate annual audits if the company is part of a group of entities that consolidates its annual audit. In such cases, a consolidating or combining worksheet shall be prepared with the annual audit as follows: 5.1.1Amounts for each company subject to this section shall be stated separately. 5.1.2Noninsurance operations may be shown on the worksheet on a combined or individual basis. 5.1.3Explanations of consolidating and eliminating entries shall be included. 5.1.4A reconciliation shall be included of any differences between the amounts shown in the individual company columns of the worksheet and comparable amounts shown on the annual reports of such companies. 6.1A company shall require the independent certified public accounting firm to immediately notify in writing an executive officer and the governing body of the company of any determination by the independent certified public accounting firm that the company has materially misstated its financial condition in its annual report to the Commissioner. The company shall furnish such notification to the Commissioner within five working days of receipt thereof. 7.1Each company shall require the independent certified public accounting firm to make available for review by the Commissioner the work papers prepared in the conduct of the annual audit of the company. The company shall require that the independent certified public accounting firm retain the audit work papers for a period of not less than seven years after the period reported upon. 7.2The Commissioner's review, and all working papers obtained during the course of such review, shall be confidential pursuant to 18 Del.C. §6920. The company shall require that the independent certified public accounting firm provide copies of any of the working papers which the Commissioner requests. Such working papers may be retained by the Commissioner. 7.3"Working Papers" shall mean the records kept by the independent certified public accounting firm of the procedures followed, the tests performed, the information obtained, and the conclusions reached pertinent to its audit of the financial statements of a company. Working papers, accordingly, may include audit planning documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of company documents and schedules or commentaries prepared or obtained by the independent certified public accounting firm in the course of the audit of the financial statements of a company and which support its opinion. 8.1The annual report shall include an opinion certifying as to the adequacy of the company's life, health, or annuity insurance reserves, or its loss reserves and loss expense reserves. 8.2The individual who certifies as to the adequacy of reserves shall be approved by the Commissioner and shall be a Fellow of the Casualty Actuarial Society, a Fellow of the Society of Actuaries, a member in good standing of the American Academy of Actuaries, a member of any other member organization of the International Actuarial Association, or an individual who has demonstrated to the Commissioner his competence in loss reserve evaluation. 8.3Certification shall be in such form as the Commissioner deems appropriate. 9.1In connection with the issuance of a certificate of authority to a company, the Commissioner shall conduct an organizational review of such company. This review shall consist of a review of such factors as the Commissioner deems necessary. Such factors may include a general survey of the company's organizational documents and records, verification of capital and surplus, and a verification of the company's principal place of business. 10.1Any company may take credit for reinsurance ceded subject to the following limitations: 10.1.1No credit for reinsurance shall be allowed where the reinsurance contract does not result in an actual transfer of risk or liability to the reinsurer. 10.1.2No credit for reinsurance shall be allowed unless the assuming insurer is obligated as to such reinsurance without diminution because of the insolvency of the ceding insurer. 10.1.3No credit for reinsurance shall be allowed unless the reinsurance complies with the requirements of 18 Del.C. §§911 through 914, or the reinsurer and amount of reinsurance has otherwise been approved by the Commissioner. 10.1.4Reinsurance under this section shall be effected through a written agreement of reinsurance setting forth the terms, provisions and conditions governing such reinsurance. 10.1.5The Commissioner in his discretion may require that complete copies of all reinsurance treaties and contracts be filed with and/or approved by him. 11.1Every company shall report to the Commissioner within thirty days after any change in its executive officers, directors, trustees, members, partners, executive managers, or other persons comprising the governing body of the company (hereinafter "Executive Persons"), including in its report a statement of the business and professional affiliations of any new Executive Person. 11.2Except as otherwise permitted under the company's plan of operation, no Executive Person, officer or employee of a company shall, except on behalf of the company, accept, or be the beneficiary of, any fee, brokerage, gift, or other emolument because of any investment, loan, deposit, purchase, sale, payment or exchange made by or for the company. 11.3Any amounts received by or on behalf of any person in violation of this section shall inure to and be recoverable by the company. 12.1Each company shall adopt a conflict of interest policy for its Executive Persons and key employees. Such policy shall require that each Executive Person and key employee disclose to the company's governing body, at least annually, any outside commitments that have the potential to create a conflict of interest with respect to the duty of such person to further the interests of the company. 13.1Subject to the provisions of this section, the Commissioner may suspend or revoke the certificate of authority issued to a company in the following circumstances: 13.1.1if the company has not commenced business within two years of receiving a certificate of authority, unless specifically provided for in the company's plan of operation; 13.1.2if the company ceases to carry on insurance business, unless specifically provided for in its plan of operation; 13.1.3at the request of the company; or 13.1.4for any reason provided in 18 Del.C. §6909. 13.2 Suspension or revocation of a certificate of authority shall be subject to relevant provisions of the Administrative Procedures Act, 29 Del.C. §10101, et seq. 14.1No person shall make a tender offer for, or enter into any agreement to exchange securities for, or seek to acquire, or acquire in the open market or otherwise, any interest in a company if, after the consummation thereof, such person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such company as defined under 18 Del.C. §5001(3), and no person shall enter into an agreement to merge with or otherwise to acquire control of a company, without the prior written approval of the Commissioner. In considering any application for acquisition of control or merger with a company, the Commissioner shall consider all of the facts and circumstances surrounding the application as well as the criteria for establishment of a company set out in Chapter 69 of Title 18. 15.1Any company that issues variable life or annuity contracts shall establish separate accounts subject to the requirements of 18 Del.C. §2932. PUBLIC NOTICE The Secretary of Labor in accordance with 19 Del.C. §§ 2322B and § 2322F(j) has proposed rules and regulations relating to workers’ compensation. These proposals set forth health care payment system with coordinated instructions and guidelines developed by the Health Care Advisory Panel to assist in the health care treatment in workers’ compensation (“Practice Guidelines”) and also set forth the utilization review program developed by the Health Care Advisory Panel and associated utilization request form to assist in the health care treatment in workers’ compensation (“Utilization Review” and “Utilization Review Form”). A public hearing will be held before the Health Care Advisory Panel (“Panel”) at 4:00 p.m. on May 14, 2008, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from John Kirk, Administrator, Workers’ Compensation, Division of Industrial Affairs, Department of Labor, P.O. Box 9828, 4425 N. Market Street, Wilmington, Delaware 19809-0828. Persons wishing to submit written comments may forward these to the Panel at the above address. The final date to receive written comments will be at the public hearing. The Panel will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public hearing. *Please Note: Due to the size of the proposed regulation, the Workers’ Compensation Regulation is not being published here. A copy of the entire regulation is available at: http://regulations.delaware.gov/register/april2008/proposed/11 DE Reg 1337 04-01-08.htm REGISTER NOTICE SAN# 2008-03 3758 Possession of V-notched Lobsters Prohibited 1.Title of the Regulations: Tidal Finfish Regulation and Shellfish Regulation 2.Brief Synopsis of the Subject, Substance and Issues: The commercial black sea bass fishery in Delaware is managed by an individual quota system (ITQ) that is distributed to those fishermen meeting specific qualifying criteria for participation in either the fish pot or commercial hook and line fisheries. The current regulations do not allow the transfer of quota between individuals. However, declining quotas due to slower than anticipated stock recovery rates and a lack of participation by some individuals that are assigned quotas has created a situation were it would be advantageous to the fishermen to transfer quota in order to fully utilize Delaware’s annual commercial black sea bass quota. This amendment to the regulation would permit eligible participants in the commercial sea bass fishery to make a one-time per season transfer of their quota, either in part or in total, to another eligible participant in either the commercial sea bass pot fishery or the commercial sea bass hook and line fishery respectively on forms to be supplied by the Department. The purpose of the proposed lobster regulatory change is to bring Delaware in to compliance with Addendum XI to Amendment 3 of the Atlantic States Marine Fisheries Commission lobster management plan for federal waters off Delaware in what is known as Lobster Conservation Management Area 5. Delaware is required to re-define marking requirements for female lobsters. The mark used, called a V-notch, is presently defined in Delaware regulations as a straight-sided triangular cut without setal hairs at least ¼ inch in depth in the right of center tail flipper. The proposed change will re-define a V-notch as being at least 1/8 inch deep with or without setal hairs. 3.Possible Terms of the Agency Action: Changes to regulation Tidal Finfish Regulation 3507 and Shellfish Regulation 3758 would go into effect immediately upon promulgation. These regulations revisions would remain in effect indefinitely or until changed. 4.Statutory Basis Or Legal Authority To Act: 7 Del.C. §903, (e)(2)(a) and 7 Del.C. §1902, §2502 5.Other Regulations That May Be Affected By The Proposal: N/A 6.Notice of Public Comment: Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, (302) 739 3441. A public hearing on these proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover. DE at 7:00 PM on April 24, 2008. Individuals may present their opinion and evidence either at the hearing or in writing to Lisa Vest, Hearing Officer, Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901 or via e-mail to Lisa.Vest@state.de.us. The hearing record will remain open for written or e-mail comments until 4:30 PM April 30, 2008. 7.Prepared By: Richard Cole, 302-739-4782, February 19, 2008 (Penalty Section 7 Del.C. §936(b)(2)) 1.0It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis striata) that measures less than eleven (11) inches, total length excluding any caudal filament. 2.0It shall be unlawful for any recreational person to have in possession any black sea bass that measures less than twelve (12) inches total length excluding any caudal filament. 6 DE Reg. 1230 (3/1/03) 6 DE Reg. 1360 (4/1/03) 3.0It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel’s fishing and permit history for purposes of replacing the vessel. 4.0The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be considered separate black sea bass fisheries. The total pounds allocated to each fishery by the Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery. 5.0The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§ 648.4 and who had applied for and secured from the Department a commercial food fishing license and has a reported landing history in either the federal or state reporting systems of landing by pot at least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that have landing history only in the federal data base must have possessed a state commercial food fishing license for at least one year during the time from 1994 through 2001. 6.0The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has applied for and secured from the Department a commercial food fishing license and a fishing equipment permit for hook and line and submitted landings reports in either the federal or state landing report systems for black sea bass harvested by hook and line during at least one year between 1994 and 2001. 1 DE Reg.1767 (5/1/98) 2 DE Reg 1900 (4/1/99) 3 DE Reg 1088 (2/1/00) 4 DE Reg 1665 (4/1/01) 4 DE Reg 1859 (5/1/01) 5 DE Reg 2142 (5/1/02) 6 DE Reg. 348 (9/1/02) 6 DE Reg. 1230 (3/1/03) 7.0Any overage of the State's commercial quota will be subtracted by the Atlantic States Marine Fisheries Commission from the next year's commercial quota. Any overage of an individual’s allocation will be subtracted from that individual's allocation the next year and distributed to those individuals in the appropriate fishery that did not exceed their quota. 8.0Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of black sea bass allotted by the Department for that particular fishery. A share shall be determined by dividing the number of pre-registered participants in one of the two recognized fisheries into the total pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an individual must indicate their intent in writing to participate in this fishery. 9.0It shall be unlawful for a commercial food fisherman to transfer quota allocation shares of black sea bass to another commercial food fishermen. Individual shares of the pot fishery quota may be transferred to another participant in the pot fishery. Any transfer of black sea bass individual pot quota shall be limited by the following conditions: 9.1A maximum of one transfer per year per person. 9.2No transfer of shares of the black sea bass pot fishery quota shall be authorized unless such transfer is documented on a form provided by the Department and approved by the Secretary in advance of the actual transfer. 10.0Individual shares of the commercial hook and line fishery quota may be transferred to another participant in the commercial hook and line fishery. Any transfer of black sea bass individual commercial hook and line quota shall be limited by the following conditions: 10.1A maximum of one transfer per year per person. 10.2No transfer of shares of the black sea bass commercial hook and line quota shall be authorized unless such transfer is documented on a form provided by the Department and approved by the Secretary in advance of the transfer. 1011.0Each commercial food fishermen participating in a black sea bass fishery shall report to the Department, via the interactive voice phone reporting system operated by the Department, each days landings in pounds at least one hour after packing out their harvest. 1112.0It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. 7 DE Reg. 1575 (5/1/04) 6 DE Reg. 1230 (3/1/03) 8 DE Reg. 1488 (4/1/05) 9 DE Reg. 1759 (5/1/06) (Penalty Section 7 Del.C. §1912) 1.0It shall be unlawful for any person to possess a V-notched female lobster. V-notched female lobster means any female lobster bearing a V-notch, a straight-sided triangular cut with or without setal hairs at least ¼ 1/8 inch in depth and tapering to a sharp point, in the flipper next to the right of center flipper as viewed from the rear of the female lobster. V-notched female lobster also means any female lobster which is mutilated in a manner which could hide, obscure or obliterate such a mark. The right flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination. 2 DE Reg 1898 (4/1/99) PUBLIC NOTICE The Delaware Board of Architects in accordance with 24 Del.C. §306(a)(1) has proposed changes to its rules and regulations. The proposal amends multiple sections of the rules and regulations to address notice requirements for out of state architects intending to offer services or participate in a design competition in Delaware, conforming Architect Registration Examination timing and retake requirements to the rules of the National Conference of Architectural Registration Board, Continuing Education (CE) requirements for previously licensed architects, increasing the biennial CE requirement from 16 to 24 unit hours, and signature and seal requirements for technical submissions. The proposed changes to the rules and regulations also contain provisions for online renewal and attestation of having fulfilled CE requirements. Members of the public can offer comments on the proposed changes by submitting their comments in writing to the Board of Architects, Attn: Margaret Foreit, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904. The final date to receive written comments will be April 30, 2008. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Board of Architects at the above address. The Board will consider promulgating the proposed regulation at its regularly scheduled meeting following the written comment period. 300 Board of Architects Purpose: Regulations of the Delaware Board of Architects are set forth for the purpose of clarifying and implementing 24 Del.C. Ch. 3 which establishes the Board and confers upon it responsibility for registration of architects and the regulation of the practice of architecture. Invalidity: Any provision found to be invalid shall not affect any other provision and the remaining provisions shall remain in full force and effect. Terms Defined by Statute: Terms defined in 24 Del.C. Ch. 3 shall have the same meanings when used in these regulations, except where the context clearly indicates a different meaning. Terms Defined Herein: As used in these regulations, the following terms shall have the following meanings except where the context clearly indicates a different meaning. “AIA” American Institute of Architects “Administration of Construction Contracts” Shall comprise at least the following services: (i) visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued; (ii) processing shop drawings, samples, and other submittals required of the contractor by the terms of the construction contract documents; and (iii) notifying an owner and the appropriate building official of any code violations, changes that affect code compliance, the use of any materials, assemblies, components, or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions that he or she identifies as constituting a hazard to the public, that he or she observes in the course of performing his or her duties. “Applicant” An individual who has submitted an application for registration to the Board. “Architect” Any person who is authorized to practice architecture as defined in Title 24, Chapter 3 and who holds a current Certificate of Registration. “A.R.E” The current Architect Registration Examination, prepared by NCARB. “Board” Delaware Board of Architects, 861 Silver Lake Blvd. Cannon Building, Suite 203, Dover, De 19903. “CACB” Canadian Architectural Certification Board. “Direct Supervision” That degree of supervision by a person overseeing the work of another, whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. Direct supervision shall mean that the supervisor and the individual being supervised perform their work in the same office where personal contact is routine. “Division” Division of Professional Regulation, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, Delaware 19904. “EESA” Educational Evaluation Services for Architects. A provider of architectural education evaluation services administered by NAAB. “Examination” The current Architect Registration Examination (A.R.E.), as accepted by the Board. “IDP Applicant” An individual who has completed the IDP training requirements set forth herein and has submitted an application for registration to the Board. “Initial Registration” Receiving for the first time a certificate of registration as an architect in any United States jurisdiction or Canadian province. “Intern” Any individual in the process of satisfying the Board's training requirements. This includes graduates from recognized architectural programs, architectural students who acquire acceptable training prior to graduation and other qualified individuals identified by the Board. “Other Official” A vice president, treasurer, secretary or board officer, but shall not mean a subcommittee chairperson, subcommittee member or general member. “NAAB” The National Architectural Accrediting Board. “NCARB” The National Council of Architectural Registration Boards. “Principal” An individual who is a registered architect and in charge of an organization's architectural practice, either alone or with other registered architects. “Safety” Design characteristics of a building or its surrounding site relating to, but not limited to, compliance with occupancy classification requirements; compliance with construction classification requirements; means of egress; fire-rated construction assemblies; compliance with interior finish requirements; fire detection, alarm and suppression systems; and compliance with environmental health regulations and smoke control systems, compliance with the minimum requirements for heating and cooling; natural and artificial illumination; natural and artificial ventilation; physical hygiene; and accessibility from environmental barriers. “TU” Training unit, used to calculate the hours of training earned by IDP applicants 2.1NCARB: 2.1.1The Board shall maintain membership in NCARB and pay the necessary costs thereof. 2.1.2The Board shall keep up-to-date information on the recommended policies adopted from time to time by NCARB. 2.1.3The Board shall cooperate with NCARB in establishing uniform standards of architectural registration throughout the United States. 2.2Practice of Architecture: 2.2.1Only architects shall engage in the practice of architecture as defined in 24 Del.C. Ch. 3. The practice of architecture means the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts. 2.2.2Services offered in connection with the "utilization of space within" such structures include space planning and programming, and interior design. Services offered in connection with the "space surrounding such structures" include site analysis and site design. These provisions shall not be construed to prevent or affect the practice of landscape architecture by a landscape architect or the practice of engineering by an engineer. 2.2.3The seal of an architect shall not be required for: 2.2.3.1activities associated with detached, single and two-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings or 2.2.3.2farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than ten (10) persons; or 2.2.3.3alteration, renovation or remodeling of a structure which does not affect structural or other safety features of the structure, regardless of whether local authorities require a building permit for such work and when the work contemplated by the design does not require the issuance of a permit under applicable building codes. 2.2.3.4Pursuant to 24 Del.C. §303(b)(11) and (12), every person holding a NCARB Certificate, but not registered as an architect in Delaware and intending to offer architectural services in Delaware or participate in an architectural design competition in Delaware shall submit notice of such intent to the Board using the appropriate form appended to these regulations. 3.1Submission of Application fee: Every individual seeking registration shall submit an application to the Board, accompanied by the filing fee established above. Such filing fee shall be determined in accordance with statutory criteria. 3.1.1References from employers listed on an application for registration must be provided to substantiate the minimum experience required in support of education and training standards. It is the applicant's responsibility to see that fees references are submitted to the Board. Such reference information shall be submitted on forms furnished by the Board. 3.1.2Proof of self-employment must be substantiated with the following: 3.1.2.1a copy of business license(s) for those duration's claimed as part of the application or a letter from your accountant or local building official substantiating experience, or similar objective proof of self-employment. 3.2Applicants; General: 3.2.1Applicants needing additional practical experience reference forms may use photostatic copies. 3.2.2The Board will take no action to review an application until all references, transcripts and fees are received. 3.2.3An applicant is not registered until so notified in writing by the Board. 3.2.4Filing of an application, fees, etc., shall not be construed as completing the registration process; the board will register applicants at regular Board meetings only. 3.2.5A license issued by the Division of Professional Regulation certifies that the individual named has met the qualifications of the Board to engage in practice. 3.3Requirements of All Applicants. Applicants Must: 3.3.1submit the required fees 3.3.2answer all questions on the application form completely and legibly. 3.3.3obtain the notarization of the application in the space provided. Applications shall contain a current affidavit that has been signed and notarized within the twelve (12) months immediately preceding presentation of the application to the Board. 3.4Applicants for Registration by Examination (A.R.E.) 3.4.1Must have filed a completed application with the Board, including the NCARB record showing completion of IDP training requirements. 4.1Registration Standards: To be granted registration an applicant must: 4.1.1Hold a professional degree in architecture from a degree program that is accredited by NAAB at the time of graduation or not later than two years after termination of enrollment. Receipt of a professional degree in architecture from a degree program accredited by CACB will be accepted as equivalent to a NAAB accredited professional degree in architecture. 4.1.2Applicants who received their education outside of the United States shall obtain and provide to the Board an educational evaluation by EESA as directed through NAAB, and must provide evidence of training and degree equivalent to accredited programs. For purposes of 24 Del.C. §307(a)(1), an evaluation by EESA of training and degree equivalent to accredited programs constitutes such other education as the Board deems equivalent. 4.1.3Applicants for admittance to the A.R.E. must submit proof of completion of IDP requirements through NCARB. 4.1.4Have passed the examination. The examinee is permitted unlimited retakes of each part of the A.R.E. All parts of the exam must be successfully completed within a six year (6) duration from the date of his/ her first sitting. If all sections are not passed in the six (6) year period, the entire examination must be taken and passed again. Timing of administration and retake policy for failed portions of the examination will be governed by the rules adopted from time to time by NCARB. 4.1.5Have complied with all regulations of the Board and 24 Del.C. Ch. 3. 5.1The IDP is a requirement for all applicants for initial registration in the State of Delaware. Applicants holding a current registration in good standing in another United States jurisdiction or Canadian province and documenting five (5) or more years of practicing architecture immediately preceding the date of the application that is acceptable to the Board may obtain a waiver of the IDP requirement. A request for waiver shall be made on a form prescribed by the Board 5.2The IDP, which is administered by the National Council of Architectural Registration Boards (NCARB), will be initiated by completing an application for NCARB/IDP Council Record and submitting required application fees. This application may be obtained from NCARB, 1801 K Street NW, Suite 1100, Washington, D.C. 20006-1310 or www.ncarb.org. Preparation of all components of the IDP record for references, transcripts, training, etc., will be done in accordance with current NCARB standards. The NCARB Council Record will be accepted as verification of education and training requirements for initial registration. 5.3Reciprocity 5.3.1Registration through reciprocity applications shall be governed by 24 Del.C. §309. 5.3.2Applicants for registration through reciprocity who were previously registered as architects in Delaware and had the Certificate of Registration cancelled or lapsed shall be required to certify that they have satisfied the minimum Continuing Education Requirement for Renewal provided in Regulation 6.2 and 6.3 for the two year period preceding the new registration, notwithstanding that the Certificate of Registration was cancelled or lapsed. 6.1Duration- Each certificate of registration issued by the Board shall be valid for two years, or the expiration of the current licensing period. 6.2Continuing Education Rrequirements Ffor Rrenewal.: For license or registration periods beginning August 1, 2003, and thereafter, each holder of a Certificate of Registration shall complete sixteen (16) hours of continuing education (Professional Development Units or PDUs) acceptable to the Board during each biennial licensing period. Completion of required continuing education is a condition for renewal of a Certificate of Registration. Each Registered Architect shall be exempt from the continuing education requirement in his or her initial biennial licensing period, or any portion thereof, in which he or she is licensed or registered to practice. Each Registered Architect shall be required to complete and submit forms prescribed by the Board certifying compliance with the continuing education requirement for renewal of registration. Required documentation may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity, as well as proof of attendance. The Board reserves the right to require additional information or documentation regarding continuing education compliance from a Registered Architect. 6.2.1For registration periods beginning August 1, 2007 and thereafter, each holder of a certificate of registration shall complete twenty four (24) contact hours of continuing education acceptable to the Board during each biennial registration period. 6.2.2All continuing education shall be obtained in the areas of Health, Safety and Welfare. The following are acceptable continuing education: a) NCARB monograph programs; b) health safety and welfare programs approved by AIA. 6.2.3Completion of required continuing education is a condition for renewal of a certificate of registration. 6.2.4One (1) contact hour is defined as one hour or one unit of acceptable continuing education in accordance with the standards of NCARB for NCARB monograph programs and the AIA for health, safety and welfare programs approved by the AIA. 6.2.5An Architect who has been registered for less than one year in Delaware on July 31 biennial renewal shall be exempt from the continuing education requirement for the preceding two (2) year period. 6.2.6Each registered architect shall be required to attest to the satisfactory completion of twenty four (24) contact hours of continuing education within the immediately preceding two (2) year period. No continuing education credits may carryover over into a later biennial period. 6.3Content: All continuing education shall be obtained in the areas of Health, Safety and Welfare. The following are deemed acceptable continuing education: a) NCARB monograph programs; b) health safety and welfare programs approved by AIA. Continuing Education Rules: 6.3.1Random audits of compliance will be performed by the Board. All registrants shall maintain documentation of continuing education, which shall include proof of attendance and verification that the education was an NCARB monograph course or a health, safety and welfare course approved by AIA. 6.3.2Attestation of compliance may be completed electronically if the renewal is accomplished online. Alternatively, paper renewal documents that contain the attestation of compliance may be submitted. 6.3.3Attestation of continuing education shall be submitted to the Division of Professional Regulation prior July 31 of the reporting year. 6.4Hardship Extension: The Board may, in its discretion, grant an extension of time within which the continuing education requirement must be completed for reasons, including, but not limited to, illness, disability, military service, and exceptional family responsibilities. The period of hardship extension granted shall be determined by the Board. Requests for a hardship extension must be in writing and submitted to the Board prior to the expiration of the licensing period. 6.5Late Renewal 6.5.1A licensee that has failed to renew on or before the renewal date may apply to renew their expired registration within six (6) months following the renewal date; provided however, that those licensees with a pending renewal from the 2003 biennial registration period may submit such application within six months of the effective date of this Rule, unless otherwise required by law. A registrant that has failed to renew on or before July 31 renewal date may apply to the Board to renew their registration within six (6) months following the renewal date. 6.5.2All late renewal applications must be accompanied by: 6.5.2.1Renewal fee 6.5.2.2Late renewal fee 6.5.2.3Documentation of compliance with the continuing education requirement prior to the renewal date. 6.5.3A licensee who has failed to complete the continuing education requirement by the renewal date may request an extension of time of up to six (6) months following the renewal date to satisfy the prior license period continuing education requirement; provided however, that those licensees with a pending renewal from the 2003 biennial registration period may satisfy such continuing education requirement with 6 months of the effective date of this Rule, unless otherwise required by law. A registrant who has failed to complete the continuing education requirement by the August 1 renewal date may request, in writing, an extension of time of no more than six (6) months following the renewal date to satisfy the immediately preceding two (2) year requirement. 6.5.4No continuing education completed during the late period may be used to satisfy future renewal requirements. 6.6Not Transferable - A certificate of registration shall not be transferable. 6.7Revocation, Suspension, Cancellation or Non-renewal of Registration - In the event of revocation, cancellation, suspension or nonrenewal of any registration, the registered architect shall be required immediately to return his/her Certificate of Registration, seal and license to the Board. 9 DE Reg. 1764 (5/1/06) 7.1Competence 7.1.1When practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by architects of good standing, practicing in the same locality. 7.1.2In designing a project, an architect shall take into account applicable building laws and regulations. While a registered architect may rely on the advice of other professionals (e.g., attorneys, engineers and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulation. 7.1.3An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved. 7.1.4No individual shall be permitted to engage in the practice of architecture if, in the Board's judgment, such individual's professional competence is substantially impaired by physical or mental disabilities. 7.2Conflict of Interest 7.2.1An architect shall not accept compensation for his/her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by (such disclosure and agreement to be in writing) all interested parties. 7.2.2If an architect has any business association or direct or indirect financial interest which is substantial enough to influence his/her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his/her client or employee the nature of the business association or financial interest. If the client or employee objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment. 7.2.3An architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products. 7.2.4When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract. 7.3Full Disclosure 7.3.1An architect, making public statements on architectural questions, shall disclose when he/ she is being compensated for making such statements. 7.3.2An architect shall accurately represent to prospective or existing client or employee his/ her responsibility in connection with work for which he/she is claiming credit. 7.3.3If, in the course of his/her work on a project, an architect becomes aware of a decision taken by his/her employer or client, against such registered architect's advice, which violates applicable state or- municipal building laws and regulations which will, in the registered architect's judgment, materially and adversely affect the safety to the public of the finished project, the architect shall: 7.3.3.1report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations; and 7.3.3.2refuse to consent to the decision; and 7.3.3.3in circumstances where the architect reasonably believes that other such decisions will be taken, notwithstanding his/her objection, terminate his/her services with respect to the project. In the case of a termination in accordance with clause 3, the architect shall have no liability to his/her client or employer on account of such termination. 7.3.4An architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his/her application for a registration or renewal thereof. 7.3.5An architect possessing knowledge of a violation of the provisions set forth in 7.0 by another architect shall report such knowledge to the Board. 7.4Compliance with Laws 7.4.1An architect shall not, in the conduct of his or her practice, knowingly violate any state, federal or local law, rule or regulation. 7.4.2An architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested. 7.4.3An architect shall comply with the registration laws and regulations governing his/her professional practice in any United States jurisdiction. 7.5Professional Conduct 7.5.1Each office in Delaware offering architectural services shall have an architect resident and regularly employed in that office having direct supervision of such work. 7.5.2An architect may sign and seal technical submissions only if the technical submissions were: (i) prepared by the architect; (ii) prepared by persons under the architect's responsible control; or (iii) prepared by another architect registered in this State if the signing and sealing architect has reviewed the other architect's work and either has coordinated the preparation of the work or has integrated the work into his or her own technical submissions. "Responsible control" shall be that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any registered architect signing or sealing technical submissions not prepared by that architect but prepared under the architect's responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five (5) years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation. "Technical submissions" are designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture." 7.5.3An architect shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested. 7.6Design and Use of Architect's Seal 7.6.1Pursuant to 24 Del.C. §313, and subject to 6.7 and 7.5, each architect shall procure a seal, which shall contain the name of the architect; his/her registration number and the phrase REGISTERED ARCHITECT--STATE OF DELAWARE. This seal shall comply in all respects, including size and format, with the specimen shown below. The architect shall use his/her legal name on the Certificate of Registration, the seal and the license. 7.6.2As required by 24 Del.C. §313, the seal shall be imprinted on all technical submissions, as follows: On each design and each drawing; on the cover or each set of specifications and on the cover page of all other technical submissions. The original signature of the individual named on the seal shall appear across the face of each original seal imprint. Pursuant to 24 Del.C. §313, all technical submissions which are published and/or are submitted to public authorities for building permits or regulatory approvals shall be sealed by the architect. Each design, each drawing, each set of specifications, all addenda and the cover of all other technical submissions shall be sealed. Other technical submissions include designs and drawings of a preliminary nature which are submitted to any public and/or the reviewing agency. When technical submissions are submitted for any permit, at each place where the seal is imprinted, there shall be an original signature, date of the signature, and the date of expiration of the architect's Delaware registration all located in close proximity to the seal in a format substantially similar to the following: Signature:___________________________________________________ Date of signature:_____________________________________________ Date of registration expiration:___________________________________ 7.6.3The seal appearing on any technical submission shall be prima facie evidence that said technical submission was prepared by or under the direct supervision of the individual named on said submission. 7.6.4All technical submissions prepared by an architect shall contain the following legend wherever the architect's seal appears: "The professional services of the architect are undertaken for and are performed in the interest of [name of person employing architect]. No contractual obligation is assumed by the architect for the benefit of any other person involved in the project." 7.6.5Pursuant to 24 Del.C. §303(c)(2), if a registered architect has not been employed to furnish construction contract administration services at the time such registered architect issues such technical submissions, the registered architect shall note on such technical submissions that the registered architect has not been so employed by including the following text, in minimum 12 point type, in close proximity to the seal: The architect who sealed, signed and dated this document has not been employed to furnish construction contract administration services as defined in 24 Del.C §303(c). 7.6.6 No person shall remove or alter any seal, signature or date required by 7.61, 7.6.4 and/or 7.6.5. 8.1If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates. 8.2The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option. 8.3In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s). 8.4A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board. 8.5Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 8.8 of this section. 8.6The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions: 8.6.1Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress. 8.6.2Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice. 8.6.3Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program. 8.6.4Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option. 8.6.5Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice. 8.6.6Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option. 8.7The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue. 8.8The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety. 8.9If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program. 8.10Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate. 8.11Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter. 8.12Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed. 6 DE Reg. 850 (1/1/03) 9.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of architecture in the State of Delaware without regard to the place of conviction: 9.1.1Criminal solicitation in the second degree. 11 Del.C. §502 9.1.2Criminal solicitation in the first degree. 11 Del.C. §503. 9.1.3Conspiracy in the first degree. 11 Del.C. §513. 9.1.4Aggravated Menacing. 11 Del.C. §602(b). 9.1.5Reckless endangering in the first degree. 11 Del.C. §604. 9.1.6Abuse of a pregnant female in the second degree. 11 Del.C. §605. 9.1.7Abuse of a pregnant female in the first degree. 11 Del.C. §606. 9.1.8Assault in the third degree. 11 Del.C. §611 9.1.9Assault in the second degree. 11 Del.C. §612. 9.1.10Assault in the first degree. 11 Del.C.§613. 9.1.11Terroristic threatening; felony. 11 Del.C. §621. 9.1.12Vehicular assault in the first degree 11 Del.C. §629. 9.1.13Vehicular homicide in the first degree 11Del.C. §630A. 9.1.14Murder by abuse or neglect in the second degree. 11Del.C. §633. 9.1.15Murder by abuse or neglect in the first degree. 11 Del.C. §634. 9.1.16Murder in the second degree. 11 Del.C. §635 9.1.17Murder in the first degree. 11 Del.C. §636. 9.1.18Unlawful sexual contact in the second degree. 11 Del.C. §768. 9.1.19Unlawful sexual contact in the first degree. 11 Del.C. §769. 9.1.20Rape in the fourth degree. 11 Del.C. §770. 9.1.21Rape in the third degree. 11 Del.C. §771. 9.1.22Rape in the second degree. 11 Del.C. §772. 9.1.23Rape in the first degree. 11 Del.C. §773 9.1.24Sexual extortion. 11 Del.C. §776. 9.1.25Continuous sexual abuse of a child. 11 Del.C. §778. 9.1.26Female genital mutilation. 11 Del.C. §780. 9.1.27Unlawful imprisonment in the first degree. 11 Del.C. §782. 9.1.28Kidnapping in the second degree. 11 Del.C. §783. 9.1.29Kidnapping in the first degree. 11 Del.C. §783A. 9.1.30Arson in the third degree. 11 Del.C. §801 9.1.31Arson in the second degree. 11 Del.C. §802. 9.1.32Arson in the first degree. 11 Del.C. §803. 9.1.33Burglary in the third degree 11 Del.C. §824 9.1.34Burglary in the second degree. 11 Del.C. §825. 9.1.35Burglary in the first degree. 11 Del.C. §826 9.1.36Robbery in the second degree. 11 Del.C. §831. 9.1.37Robbery in the first degree. 11 Del.C. §832. 9.1.38Carjacking in the second degree. 11 Del.C. §835. 9.1.39Carjacking in the first degree. 11 Del.C. §836. 9.1.40Theft 11 Del.C. §841. 9.1.41Theft; false pretenses 11 Del.C. §843 9.1.42Extortion. 11 Del.C. §846. 9.1.43Identity theft. 11 Del.C. §854. 9.1.44Forgery. 11 Del.C. §861. 9.1.45Tampering with public records in the first degree. 11 Del.C. §876. 9.1.46Issuing a false certificate 11 Del.C. §878 9.1.47Bribery 11 Del.C. §881 9.1.48Receiving a bribe 11 Del.C. §882 9.1.49Criminal impersonation of a police officer. 11 Del.C. §907B. 9.1.50Insurance fraud 11 Del.C. §913 9.1.51Dealing in children. 11 Del.C. §1100 9.1.52Endangering the welfare of a child. 11 Del.C. §1102. 9.1.53Sexual exploitation of a child. 11 Del.C. §1108. 9.1.54Unlawfully dealing in child pornography. 11 Del.C. §1109. 9.1.55Possession of child pornography. 11 Del.C. §1111. 9.1.56Felony Bribery 11 Del.C. §1201 9.1.57Felony Receiving a Bribe 11 Del.C. §1203 9.1.58Perjury in the second degree. 11 Del.C. §1222. 9.1.59Perjury in the first degree. 11 Del.C. §1223. 9.1.60Terroristic threatening of public officials or public servants. 11 Del.C. §1240. 9.1.61Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445. 9.1.62Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447. 9.1.63Possession of a firearm during commission of a felony. 11 Del.C. §1447A 9.1.64Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448. 9.1.65Giving a firearm to person prohibited. 11 Del.C. §1454. 9.1.66Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455. 9.1.67Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F Felony. 11 Del.C. §1457. 9.1.68Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458. 9.1.69Criminal Penalties, Organized Crime and Racketeering. 11 Del.C. §1504. 9.1.70Victim or Witness intimidation. 11 Del.C. §§ 3532 & 3533. 9.2Crimes substantially related to the practice of architecture shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. 8 DE Reg. (02/01/05) *-*-*-*-*-* Del. Seal *-*-*-*-*-* Notice of Offer of Architectural Services in Delaware To: Delaware Board of Architects 861 Silver Lake Blvd., Suite 203 Dover, DE 19904 From: Name of NCARB Certificate holder: __________________________ NCARB Certificate number: ________________________________ Firm Name: __________________________________ Firm Address: __________________________________ __________________________________ Telephone: ______________________ Mail: __________________________ Notice is hereby provided, pursuant to 24 Del.C. §303(b)(11), to the Delaware Board of Architects by the undersigned person, that: a. The person holds a National Council of Architectural Registration Boards (NCARB) certificate and is not currently registered in Delaware, but will be present in Delaware for the purpose of offering to provide architectural services; b. The person will deliver a copy of this notice to every potential client to whom the person offers to render architectural services; and c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for a project in Delaware. The undersigned person shall not perform any of the professional services involved in the practice of architecture in Delaware until registered as an architect in Delaware. Signature of NCARB certificate holder: ________________________________ Date: ___________________________ *-*-*-*-*-* Del. Seal *-*-*-*-*-* Notice of Participation in an Architectural Design Competition in Delaware To: Delaware Board of Architects 861 Silver Lake Blvd., Suite 203 Dover, DE 19904 From: Name of NCARB Certificate holder: __________________________ NCARB Certificate number: ________________________________ Firm Name: ____________________________________ Firm Address: ____________________________________ ____________________________________ Telephone: __________________________ Mail: ______________________________ Notice is hereby provided, pursuant to 24 Del.C. §303(b)(12), to the Delaware Board of Architects by the undersigned person, that: a.The person holds a National Council of Architectural Registration Boards (NCARB) certificate and is not currently registered in Delaware, but will be present in Delaware for the purpose of participating in an architectural design competition; b.The person will deliver a copy of this notice to every person conducting architectural design competition in which the person participates; and c.The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for the project. Signature of NCARB certificate holder: ________________________________ Date: ___________________________ PUBLIC NOTICE The Board of Podiatry (“Board”) was established to protect the public from unsafe practices and from occupational practices, which tend to reduce competition or fix the price of services rendered by the professions under its purview. The Board was further established to maintain minimum standards of practitioner competency and delivery of services to the public. The Board is authorized by 24 Del.C. §506(a)(1) to make, adopt, amend, and repeal regulations as necessary to effectuate those objectives. Pursuant to 24 Del.C. §3706(a)(1), the Board has proposed amendments to its regulation section 5.0. Specifically, the proposed changes to section 5.0 Licenses (In-Training, Lapse/Renewal, Inactive) create a mandatory audit of all late-renewed licensees to verify compliance with the continuing education requirement. Other grammatical, typographic, or stylistic changes are also included. A public hearing is scheduled for Thursday, July 17, 2008 at 5:00 p.m. in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Margaret Foreit at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Margaret Foreit at the above address or by calling (302) 744-4500. The Board will consider promulgating the proposed regulations immediately following the public hearing. 500 Board of Podiatry (Break in Continuity of Sections) 5.1In-Training License. 5.1.1Pursuant to 24 Del.C. §513(d), the Board will issue, without examination, an In-Training license to podiatric physicians who are (1) participating in this State in a residency program accredited by the Council on Podiatric Medical Education and (2) are otherwise qualified for licensure. 5.1.2A podiatric physician who will be employed by a hospital as a resident or fellow in an accredited residency or fellowship program may apply for an In-Training license. Application shall be made on forms provided by the Board. Such applications shall include: 5.1.2.1An affidavit of the employer hospital’s residency program director certifying that the podiatric physician will be employed by the hospital and meets all requirements for licensure specified in 24 Del.C. §508(a)(1) through (a)(7), excluding 24 Del.C. §508(a)(2). 5.1.2.2An affidavit of the podiatric physician seeking licensure certifying that he meets all the requirements for licensure specified in 24 Del.C. §508(a)(1) through (a)(7), excluding 24 Del.C. §508(a)(2). 5.1.2.3An affidavit of the podiatric physician seeking licensure certifying that he intends to limit himself solely to practice within the hospital or the performance of such medical duties outside the hospital which may be assigned to him as part of the residency program. 5.1.3Residents employed by accredited hospitals who have been granted In-Training licenses shall be specifically limited to the practice of medicine within the hospital where they are employed, except for any medical duties which may be assigned as part of the residency program as long as those outside duties are performed under the supervision of a fully licensed podiatric physician. 5.1.4An In-Training license is required for all podiatric physicians who will spend 45 or more consecutive days in a Delaware institution as part of a rotation for an out-of-state residency program. 5.1.5The licensee and the employer hospital shall notify the board not later than three (3) days after the licensee’s completion of or withdrawal from the residency program. 5.1.6Valid In-Training licenses may be renewed by the licensee by paying the renewal fee set by the Division of Professional Regulation. 5.2 Lapse/Renewal 5.2.1Any licensee whose license lapses for non-renewal may re-apply renew within one (1) year by paying the late fee required by 24 Del.C. §511 and having completed all continuing education which a licensee would have been required to complete for renewal. Late renewals shall be audited for satisfactory completion of the continuing education requirement. 5.2.2If a licensee allows his or her license to lapse for over one (1) year and has not been granted inactive status, that licensee must reapply for licensure in the same manner as a new applicant. 5.2.3It shall be the responsibility of all licensees, active or inactive, to keep the Board informed of any change in name, home or business address. 5.2.4License renewal may be accomplished online at http://www.dpr.delaware.gov. 5.3Inactive Status 5.3.1A licensee may be placed on inactive status by the Board for a period of no more than five (5) years. Requests for inactive status shall be made, in writing, to the Board and requests which exceed one (1) year shall be renewed biennially at the time of regular license renewals. After application to the Board and payment of a renewal fee, an inactive licensee may obtain a new license and re-enter active practice after completion of the continuing education requirements below. 5.3.1.1Inactive status for one (1) year or less: 16 CE hours. 5.3.1.2Inactive status for more than one (1) year: 32 CE hours, completed within 24 months prior to reapplication. 10 DE Reg. 1153 (01/01/07) (Break in Continuity of Sections) *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at: http://regulations.delaware.gov/register/april2008/proposed/11 DE Reg 1352 04-01-08.htm 500 Board of Podiatry 2925 Real Estate Commission Education Committee PUBLIC NOTICE PLEASE TAKE NOTICE, pursuant to 29 Del.C. Chapter 101 and 24 Del.C. Sections 2905(a)(1) and 2911(b), the Delaware Real Estate Commission proposes to revise its Guidelines for Fulfilling the Delaware Real Estate Education Requirements. First, Rule 6.1.1.7 will be added to provide that courses addressing the use of technology in delivering real estate services may be considered eligible for continuing education credits. Rule 6.3 will be added to provide that continuing education programs must be a minimum of one hour and delivered in one hour increments. Finally, Rule 8.2 will be amended to state that a student who arrives at a continuing education program after the instruction begins shall not receive continuing education credit. A public hearing will be held on May 8, 2008 at 9:15 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Real Estate Commission, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Commission at the above address. The final date to receive written comments will be at the public hearing. The Commission will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Guidelines for Fulfilling the Delaware Real Estate Education Requirements (Break in Continuity of Sections) 6.1Areas of Concentration for Acceptable Courses 6.1.1Courses of instruction and seminars, to be considered eligible for continuing education credit approval must be in a definable real estate topic area. Courses that may be considered eligible must be in the following topic areas: 6.1.1.1Federal, State or Local Legislative Issues (Legislative Update). 6.1.1.2Fair Housing Law 6.1.1.3Anti-Trust Law 6.1.1.4Real Estate Ethics or Professional Standards 6.1.1.5Agency Relationships and Responsibilities 6.1.1.6Professional Enhancement for Practicing Licensees 6.1.1.7Use of technology (including, but not limited to, the use of internet and computers) in delivering real estate services. 6.1.2Unless specifically identified in Guideline 6.2 as acceptable for credit, courses of instruction which Are Not acceptable for credit include, but are not limited to: 6.1.2.1Offerings in mechanical office and business skills such as typing, business machines and computer operations. 6.1.2.2Personal development and/or enrichment and motivational courses, speed reading memory improvement, and language report writing. 6.1.2.3Correspondence courses and program learning courses not under the direct supervision of a certified instructor, except those courses that have been certified through The Association of Real Estate License law Officials (ARELLO) Distance Education Certification Program. 6.1.2.4General training or education required of licensees to function in a representative capacity for an employing broker except if said training or education complies with the above stated topic areas, has been approved by the Commission and is taught by a certified instructor. 6.1.2.5Meetings which are a normal part of in-house staff or licensee training, sales promotions or other meetings held in connection with the general business of the licensee and/or broker; any meetings that a licensee is required to attend as a condition of continued employment, whether imposed by rules of the employing broker or by a contractual agreement between broker and franchiser, does not qualify for continuing education credit. Work experience does not qualify for continuing education credit. 6.1.2.6Non-educational activities of associations, trade organizations, and professional and occupational group membership or certification are not considered accreditable continuing education activities. Examples of such activities are, but not limited to: 6.1.2.6.1membership or service in a professional, occupational or other society or organization; 6.1.2.6.2attendance at annual, periodic or special meetings, conventions, conferences, rallies and retreats; 6.1.2.6.3writing or presentation of articles or research papers; 6.1.2.6.4a program or other type of organizational assignment; 6.1.2.6.5self-directed reading or study. As a guiding principle "self-directed studies" and "individual scholarship" are not considered accreditable educational activities. 6.2The following are aproved for credit as indicated: 6.2.1In any biennial license period, up to three (3) credits applicable towards legislative update may be obtained by Delaware Association of Realtors (DAR) members who serve on the State Government Affairs Committee provided that: 1) the member attends no less than eighty percent (80%) of the annual State Government Affairs Committee meetings; and 2) thte DAR Executive Vice President or DAR President certifies attendance in the form and manner prescribed by the Commission. 6.3Programs shall be a minimum of one (1) hour and delivered in one (1) hour increments. 5 DE Reg. 1171 (11/1/01) 5 DE Reg. 1859 (4/1/02) 6 DE Reg. 516 (10/1/02) 7.1An application for course approval (on forms approved by the Commission), course outline, all applicable fees and any other documentation that may be required, must be filed by the course sponsor or provider, with the Division of Professional Regulation, Delaware Real Estate Commission, Education Committee, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904-2467, at least sixty (60) days prior to the date that the course is to be held. Failure to file within the appropriate time limit may be cause for rejection. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed shall not be considered to have been filed. 7.2A course may be certified for a period of two (2) calendar years, provided the course is conducted by the sponsor or provider making application, the curriculum and course length remains exactly as approved, and certified instructors are utilized. The Education Committee may recommend a shorter or probationary approval where good cause for limited approval can be demonstrated. A sponsor who receives approval to conduct a certified course or activity, must notify the Commission in writing, of the intent to hold such activity, at least seven (7) days in advance of the start of the activity. Included in the letter of intent shall be the course approval number, date(s) and time(s) and location of the course, topic area, course name, instructor name(s) and instructor certification number(s). Courses can not be automatically renewed. Sponsors providers will need to reapply by the course expiration date and before conducting further courses. The Education Committee shall have the right to recommend to the Commission that a provider's privilege of conducting a certified course be revoked for the remainder of the approval period, if the Education Committee determines that the provider is not maintaining the standards required in these guidelines. 7.3An application for an individual student request for approval of an educational activity (on forms approved by the Commission), course outline, instructor resume of a qualified instructor, and any other documentation that may be required, may be filed by the individual student with the Delaware Real Estate Commission, Real Estate Education Committee within twelve (12) months. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed shall not be considered to have been filed. The subject educational activity must comply with Section 6.0 herein and any other applicable Guidelines. 5 DE Reg. 1395 (01/01/02) 6 DE Reg. 516 (10/1/02) 8.1The organization receiving approval of a course or program accepts the responsibility to maintain a permanent record of the course activity for not less than three years from the date of the course offering. The permanent record shall include the documents as listed in "Maintenance and Availability of Records". 8.2Sponsors or providers of all continuing education courses shall be wholly and completely responsible for the conduct of their courses, including faithful and complete student attendance as well as facilities management. Faithful and complete attendance is attentive presence for at least fifty (50) minutes of each credit hour. A student who arrives after the instruction has begun shall not be given continuing education credit. The provider may admit the student for his or her own educational benefit. 8.2.1Sponsors and providers shall arrange for an on-site monitor in addition to the certified instructor for each course or activity. 8.2.2Monitors are appointed to assist the course sponsors or providers and instructors. As a minimum, monitors will ensure students provide their own signatures on the course roster and advise the provider of those students who do not comply with faithful and complete attendance. 8.2.3Monitors may be a student for educational credit for that course or activity. 8.3The course sponsor or provider, will supply to the student at the completion of the course or program, a certificate of completion. This certificate must contain, but is not limited to, the following information: _ Student Name _ Sponsors Name _ Topic Area Name _ Course Title _ Date course was completed _ Number of Credit Hours _ Course Approval Number _ Instructor Name(s) _ Instructor Certificate Number(s) 8.4The organization offering the course, shall, within fifteen (15) days after the completion of the activity, provide a list of participants, their real estate license numbers (if applicable) and a copy of each student's course and instructor evaluation form and an evaluation summary report form to the Commission's Office. The evaluation summary report form shall be signed by any instructors who participated in the delivery of the course thus indicating each has had the opportunity to review the evaluation result. Failure of the organization to provide this information may be grounds to suspend the approval of that course or educational activity, in the absence of a showing of good cause for that failure. 8.5Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Public Instruction for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee. 8.6Prelicensing schools are to solicit the names of students interested in being contacted by recruiters by the second class meeting. Any students joining after the first class must be informed of the opportunity to be a part of the recruiting roster at the first class attended. Schools must supply the recruiting roster within seven (7) days of receiving a request from a broker. 8.7Prelicensing schools will also furnish each student with current information regarding the prelicensing examination to include the "Real Estate Candidate Handbook" which is available to prelicensing schools through the testing service for this purpose. 8.8Members of the Real Estate Commission or Education Committee And/or Their Official Representatives Shall Have the Right to Monitor Any Approved Course Without Notice. 5 DE Reg. 1071 (11/1/01) 6 DE Reg. 8 (7/1/02) 6 DE Reg. 516 (10/1/02) (Break in Continuity of Sections) *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at: http://regulations.delaware.gov/register/april2008/proposed/11 DE Reg 1354 04-01-08.htm 2925 Real Estate Commission Education Committee HUMAN RELATIONS COMMISSION Equal Accommodations and Fair Housing PUBLIC NOTICE The State Human Relations Commission, in accordance with 29 Del.C. Chapter 101 and 6 Del.C. §§4506 and 4616, proposes amendments to the Equal Accommodations Regulations and Fair Housing Regulations. The changes are required to clarify hearing procedures and to comply with changes to “The Delaware Equal Accommodations Law” and “The Delaware Fair Housing Act”, 6 Del.C. Chapters 45 and 46 and 31 Del.C. Chapter 30 and 31, and other items. A public hearing is scheduled for Thursday, May 8, 2008 at 7:00 p.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904, where members of the public may offer comments. The Commission will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Commission care of Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904. The final date to submit written comments shall be at the public hearing. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904, (302) 739-4567. These Rules and Regulations have been prepared pursuant to the powers granted the Human Relations Commission and are intended to meet the applicable requirements of the Administrative Procedures Act, under 29Del.C. §10101, et seq. These Regulations shall govern individual cases over which the Human Relations Commission and the Division of Human Relations have jurisdiction pursuant to 6 Del.C. Ch. 45, as it may be amended from time to time. These Regulations refer to "hearings" for case decisions only and are, therefore, to be distinguished from any other public hearings which may be held by the Commission to address general issues of public concern and which are not controlled by these Regulations. These Rules and Regulations are specific to the processing of complaints of discrimination under the Delaware Equal Accommodations Law. The Commission believes these Rules and Regulations are necessary to ensure the appropriate administration of the Equal Accommodations Law. These Regulations shall apply to Equal Accommodation causes of action arising under the Delaware Equal Accommodations Law on or after July 1, 1996 May 8, 2008. Delaware Fair Housing Act actions under 6 Del.C. Ch. 45 are not affected by these Regulations. 1.1The following terms used in these Regulations shall have the same definitions as those terms contained in the Equal Accommodations Law, 6 Del.C. Ch. 45, §4502: A place of public accommodation Chairperson Commission Complainant Conciliation Conciliation Agreement Disability Discriminatory pPublic aAccommodation pPractice Division Handicap Marital Status Panel Panel Chair Place of Public Accomodation Respondent Special Administration Fund 1.2As used in these Regulations, the following terms are defined: “Business Day” means a day of the week other than Saturday, Sunday or a State Holiday. “Commissioner” means a person duly serving as a member of the Commission. “Division Director” means the administrator and head of the Division of Human Relations, or other person duly authorized to act as such. “Minor” means a person under the age of eighteen years who has not been court emancipated “Office” means any one of the places of business of the Division of Human Relations. “Party or Parties” means the Complainant(s) or Respondent(s). “Persons Entitled to Protection” means all persons within the jurisdiction of this State regardless of the race, age, marital status, creed, color, sex, handicap or national origin of such persons. “Staff” means a person who is or persons employed by the Division of Human Relations of the State of Delaware. 2.1Any person claiming to be aggrieved by discriminatory public accommodations practices within the jurisdiction of the Commission Division may file a written complaint with the Commission. Minors shall be represented by a parent, guardian or other responsible adult for the purpose of bringing an action. 2.2The Commission and the Division may each initiate an investigation into compliance with the Equal Accommodations Law, whether or not a complaint is filed. If an investigation is initiated by the Commission, Ssuch investigations may be initiated by written statement showing justification signed by the Chairperson or by such person as may be authorized by the Commission. In accordance with applicable provisions of the law, and to the extent practicable, the procedures in these Regulations shall apply to Commission-initiated and Division- initiated investigations. 2.3A complaint shall be filed at any one of the places of business of the Division of Human Relations. 2.4Complaints made with the Commission through the Division of Human Relations shall be in writing and deemed to be "filed" when received at the Division in substantially completed form. 2.5All complaints must be filed on a complaint form provided by the Office Division. 2.6All complaint forms shall include the following information: 2.6.1tThe complainant's name and address; 2.6.2tThe name and location of the place of public accommodation at which the discriminatory public accommodation practice(s) occurred, and the date, time and other details an explanation thereof; and 2.6.3iIf known, the name and address of each Respondent and, if different, the name of the owner, lessee, proprietor, manager or superintendent of the place of public accommodations. 2.6.4The date of the first occurrence of the alleged discriminatory practice and whether the practice is of a continuing nature.; and 2.6.5The signature of the complainant or his/her attorney. 2.7Complainants and Respondents must keep the Division of Human Relations informed of their current addresses and telephone numbers during the pendency of any proceedings. 2.8Service of the complaint shall be made by the Division of Human Relations in accordance with 12.2 (Formerly Rule 30) of these rRegulations. 3.1Respondent shall file a written response to the complaint, on a form provided by the Division of Human Relations, or a notice of intention to pursue no-fault settlement, within twenty (20) days of receipt of service of the complaint. 3.2Either of such documents shall be signed by the Respondent or Respondent's attorney and shall be filed at the Office of the Division where the complaint was filed, showing and shall provide proof that a copy has been served on the Complainant. 4.1The Complainant(s) Complaint may be amended a complaint at any time prior to service of the response on the Complainant(s); thereafter, amendment is subject to approval by the Panel Chair or the Chairperson of the Commission. 4.2The Rrespondent shall serve an answer to any amended complaint within ten (10) days of receipt of service of the amended complaint, whichever is greater, or within the time remaining to respond to the initial complaint, whichever is greater. 4.3Amended complaints and the answers shall be signed by the Party(s) or their the Party’sattorneys. 5.1Voluntary Termination and Dismissal 5.1.1A case may be dismissed by the Complainant without order of the Commission by filing a notice of dismissal at any time before service of a response to the complaint or by filing a stipulation of dismissal signed by all parties who have appeared in the case. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a Complainant who has once dismissed a case before the Commission based on or including the same claim. A Complainant who dismisses a case pursuant to this paragraph without prejudice may refile a complaint within ninety (90) days after the occurrence of the alleged discriminatory public accommodation practice. 5.1.2After a the Respondent has filed a response to the complaint, a case shall not be dismissed at the Complainant's request except upon order of the Commission or upon order by a single Commissioner authorized by the Commission prior to the appointment of a panel and upon such terms and conditions as the Commission deems proper. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. 5.1.3A case may be dismissed, upon notice of the Commission or of the Division, for lack of activity. Application shall be made in writing by the Division staff to a Panel of or if no Panel has been appointed, then to the Division Director of or Commission Chairperson, stating the reason for the proposed dismissal. 5.1.4A case may be dismissed, upon notice of the Commission or of the Division for failure of Complainant to cooperate upon application of the Division staff to the Panel or if no Panel has been appointed, then to the Division Director or Commission Chairperson. Failure to cooperate includes, but is not limited to, failure to keep the Division informed of Complainant’s current address. 5.1.5A case may be dismissed upon written application to the Panel Commission by the Respondent or the Division Director when 5.1.5.1the Commission does not have jurisdiction to determine the case; or 5.1.5.2the facts alleged do not state a violation of the law. 5.1.6If the Division determines that the Commission does not have jurisdiction over the case or the complaint does not allege facts that state a violation of the law, the Division Director shall apply in writing to the Panel Chair or a designee or if a Panel has not been appointed to the Chairperson or a designed, for dismissal of the complaint under Rule 5.1.5. 5.1.67An application for dismissal by the Respondent shall show proof of service of the application upon the Complainant and the Division. Complainant shall have 10 days after being served to respond to the Respondent and Commission. An application for dismissal by the Division shall show proof of service on all parties and all parties shall have 10 days after being served to respond to the Commission with proof of service to the Division. 5.1.78A Panel will convene to If there is a Panel Chair or designee or if no Panel has been appointed, the Commission Chair or designee shall consider the application for dismissal. Unless otherwise directed by the Panel based due on compelling or unusual circumstances, such consideration shall be without an evidentiary hearing or oral argument. The Panel Chair or designee or the Commission Chair or designee will consider only the facts in the pleadings. The facts alleged by the claimant will be considered as true for the purpose of the dismissal proceeding. 5.1.89All notices of case dismissals shall be served on all parties and shall include a statement of the right to appeal, to have the case reopened for good cause shown to the Panel, or if no Panel has been appointed, then to the Division Director or Chairperson. 5.1.10All orders issued by the Panel resulting from an application for dismissal are subject to Superior Court review pursuant to 6 Del.C. § 4511. 7 DE Reg. 793 (12/1/03) 6.1Investigation of the complaint shall be conducted by Staff and shall commence promptly after the filing of the complaint. Investigation may include, without limitation: interviews, questionnaires, fact finding conferences, searching of records, testing, identification of any witnesses, development of statistics, other studies of practices and patterns, or other work to gather relevant evidence. 6.2Evidence sought by a subpoena issued in connection with an investigation must be relevant to the investigation, be adequately specified, and only cover a reasonable period of time. 7.1The opportunity to conciliate or settle a case is available at any stage of the complaint process and may include a no-fault settlement offer. The Complainant(s) shall be notified of the opportunity to conciliate when a complaint is filed, and the Respondent(s) shall be so notified when a complaint is served. Staff shall schedule an informal conciliation fact-finding conference to be held with the Complainant(s), the Respondent(s) and, if they so choose, attorneys representing them, within thirty (30) days after the receipt of the response to the complaint, unless it is impractical to do so. 7.2(Formerly Rule 13) Conciliation shall be initiated upon request of any Party, or upon the request or recommendation of Staff or a member of the Commission. 7.3(Formerly Rule 14) Any agreement achieved by conciliation shall be set forth in writing and shall specify the appropriate relief agreed upon by the Parties. Forms of relief may include, without limitation: 7.3.1binding arbitration to resolve the dispute; 7.3.2payment of damages; other monetary relief; 7.3.3payment to the Special Administration Fund; 7.3.4monitoring of the future activities of Respondent(s); 7.3.5measures taken to ensure future compliance with the Equal Accommodations Law; and/or 7.3.6such other relief as is agreed upon by the Parties. 7.4Executed copies of such agreements shall be given to all Parties. 8.1The purpose of a hearing is: 8.1.1to hear argument; 8.1.2where appropriate, to receive evidence and determine facts; and 8.1.3in all events to render an adjudication in accordance with applicable law. 8.2If a complaint cannot be resolved through conciliation, as provided in Section 4508(c) of the Delaware Equal Accommodations Law, the Commission shall appoint a Panel to hold a public hearing within 60 days after the expiration of the 120-day period for investigation and conciliation. The deadlines provided in Section 4508(c) and Section 4508(e) may be extended by the Chairperson or if a Panel has been appointed by the Panel Chair at the request of any Party or Staff upon a showing of good cause. 8.3The date, time, place and a brief description of the subject matter of the hearing shall be included in the Notice of Hearing sent to all Parties, the Panel and the Attorney General's representative, as well as other information required by the Administrative Procedures Act. 8.4The Hearing shall be held within the county in which the discriminatory practice is alleged to have occurred. 8.5As provided in 6 Del.C. §4510, Aa subpoena shall be issued upon written request by any Party, Staff, or a Panel Member. Such requests shall be submitted no later than ten (10) twenty (20) business days in advance of the Hearing. Witnesses and documents must be clearly described in writing. The consequence of failure to request a subpoena in a timely fashion shall be in the discretion of the Panel. 8.5.1Any individual or entity served with a subpoena may apply to the Panel to quash or modify the subpoena on any legal basis including but not limited to the following: that the subpoena does not adequately describe the evidence requested; is not relevant to the complaint; covers an unreasonable period of time; requires disclosure of a trade secret, confidential research, development or commercial information, privileged or other protected matter and no exception or waiver applies; subjects a person to undue burden or hardship; or requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute. 8.5.2Where a person fails or neglects to attend and testify or to produce records or other evidence in obedience to a subpoena or other lawful order, the Commission may petition the Superior Court for an order requiring the person to appear to produce evidence or give testimony. Failure to obey such order is punishable by the Court as contempt. 8.6Subpoenas may be served by Staff, a Commissioner, or by another person who is not a Party and is not less than 18 years of age. The return of service of each subpoena shall be promptly filed at the appropriate Division office. 8.7No fewer than the majority of the three (3) Commissioners appointed to a Panel shall constitute a quorum for all Commission Panel hearings. In the absence of any duly appointed Panel Mmember, for any reason whatsoever, the Chairperson or his or her designee shall be empowered to make a substitution, without notice to the Parties, provided the Hearing has not yet begun. 8.8A written list of witnesses a Party intends to call during a panel hearing must be delivered to the office of the Division of Human Relations where the complaint was filed and to all other Parties at least ten (10) twenty (20) days prior to a hearing. 8.8.1The Panel, in its discretion, may refuse to receive into evidence any testimony of a witness who has not been named on the witness list. 8.9All motions shall be delivered to the office of the Division of Human Relations where the complaint was filed and to all other Parties at least ten (10) business days prior to the hearing. Motions filed beyond this time limit will not be considered by the Panel. Opposing Parties may file a response to the motion or may present opposition at the hearing. Replies to responses to motions are not permitted. 8.9.1The Panel may refuse to receive into evidence any exhibit, a copy or photographs of which has not been delivered to the Commission and to an adverse Party as provided herein. 8.9.2Exhibits submitted at Panel Hearings are to be kept by the Commission during the passage of time for judicial review under §4511 of the Delaware Equal Accommodations Law or until all relevant proceedings have been concluded, whichever is later. The exhibits shall then be returned to the Party which submitted such or, at the request of that Party, destroyed. 8.910Copies or photographs of all exhibits, except exhibits intended solely for impeachment, must be delivered to the office of the Division of Human Relations where the complaint was filed and to all other parties at least ten (10) business days prior to the Hhearing. The Panel shall consider such exhibits without formal proof unless the pParties and the Commission have been notified at least five (5) business days prior to the Hhearing that an adverse Party intends to raise an issue concerning the authenticity of the exhibit. 8.10Hearings shall be recorded by electronic instrument or court reporter. 8.10.1The Panel may refuse to receive into evidence as an exhibit, documents or photographs, which have not been delivered to the Commission and to an adverse Party as provided herein. 8.10.2Exhibits submitted at Panel hearings are to be kept by the Commission during the passage of time for judicial review under Section 4511 of the Delaware Equal Accommodations Law or until all relevant proceedings have been concluded, whichever is later. The exhibits shall then be returned to the Party which submitted such or, at the request of that Party, destroyed. 8.11The hearing shall be conducted by the Panel Chair. Individuals may be represented by counsel. A corporate entity must be represented by an attorney admitted to practice law in Delaware. Every hearing shall be recorded by electronic instrument or court reporter. 8.1112Certain Hearings may address purely legal issues, in which event all Parties or their counsel may, at the discretion of the Panel, have an opportunity to present oral argument. 8.1213In evidentiary hearings, all Parties or their counsel shall be given the opportunity to make a brief opening statement prior to the introduction of any evidence in the case. The Panel Chair shall explain to the Parties that they may make a general statement of what they intend to prove through testimony and exhibits but that they are not permitted at this time to testify or to present argument to the Panel. The Panel Chair shall interrupt a Party who attempts to testify or present argument during an opening statement and inform the Party that such testimony or argument can be provided at the appropriate time during the hearing. The Panel Chair will then offer the opposing Party the opportunity to present an opening statement if the opposing Party has not already done so or shall move to the next stage of the proceedings. 8.1314Testimony shall be under oath or affirmation administered by the Panel Chair court reporter. If a court reporter is not present, witnesses shall be sworn in by the Panel Chair. 8.1415Staff shall be required to attend the Hearing in order to assist in the proceedings, or, where appropriate, to be a witness. 8.1516The Panel Chair shall have full authority to control the hearing proceedings, including, but not limited to the authority to call and examine witnesses; to admit or exclude evidence; and to rule upon all motions and objections subject to the following: 8.1516.1Formal rules of evidence need will not be strictly followed. 8.1516.2Direct and cross examination shall be preserved and may be conducted by the Parties or their attorney(s), or Panel Members or the Deputy Attorney General representing the panel may question any witness. 8.1516.3Testimony from any person may be allowed at the discretion of the Panel. 8.1516.4Witnesses may be sequestered at the discretion of the Panel Chair upon the request of any Party(ies). 8.1516.5Evidence on the behalf of the Complainant(s) should ordinarily be introduced first, to be followed by the Respondent(s)' evidence, then allowing rebuttal, if any. 8.1516.6The Panel may continue a hearing from day to day or adjourn it to a later date or to a different place by so announcing at the Hearing or by appropriate notice to all Parties. 8.1516.7Following the presentation of the evidence, an opportunity shall be given to each Party to make a closing statement. 8.1516.8The Panel may recall the Parties for further testimony if necessary to reach a decision. 8.16.9Deliberations of the Panel typically commence immediately following the hearing, and are not open to the public. 8.1617A written transcript shall be prepared, if and as required, on the written request of any Party, provided that such Party pays for the cost of preparing the transcript. Staff shall coordinate this process under State contract. A deposit may be required. Such recordings and transcripts shall be preserved with the official file record of a case. 9.1The case decision may be rendered immediately following the Hearing or the Panel may reserve its decision to a later date. Case decisions shall be by a majority vote of the Panel. 9.2A copy of the Panel's Final Order shall be mailed by certified mail, return receipt requested, delivered by hand or delivered by regular first class mail to the last address which each Party has provided to the Division of Human Relations for the Party or, if the Party is represented, the Party's attorney. 9.3Any party wWithin five (5) business days after receipt of the Final Panel’s decision or order may apply to the Panel for reconsideration by briefly and distinctly stating the grounds. The application shall show that it was served on the opposing party. Within five (5) business days after service of such application, the opposing party may serve and file a brief answer to each ground asserted. The Panel shall promptly convene to consider such application for reconsideration. The filing of such application shall extend the time for judicial review under 6Del.C. §4511.7 DE Reg. 793 (12/1/03) 10.1Any Party seeking to recover attorneys' fees and expenses pursuant to Section 4508 (g) or (h) shall, at least five (5) business days prior to the hearing, file at the office of the Division of Human Relations Division office where the complaint was filed, and serve upon the other Parties, a motion and affidavit detailing the time spent and fees incurred and a reasonable estimate of the fees likely to be incurred after such date through the end of the Hhearing. Any objections to the motion shall be presented at the Hhearing. Determination that a Party is entitled to an award of attorneys’ fees or costs shall be made solely at the Panel’s discretion. Failure to timely file such motion and affidavit as set forth in these Regulations shall constitute a waiver of a Party’s right to an award of attorneys’ fees or costs. 11.1Time 11.1.1In computing any period of time prescribed or allowed, by these Regulations or by order of court or by statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, legal holiday, in which event the period shall run until the end of the next business day. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and other legal holidays shall be excluded in the computation. As used in this rule, "legal holidays" shall be those days provided by statute or appointed by the Governor or the Chief Justice of the Supreme Court of the State of Delaware. 11.1.2When, by these Regulations or by a notice given thereunder or by order of court, an act is required, or allowed to be done, at or within a specified time, the Panel Chair or the Chairperson of the Commission, for good cause shown, may, at any time, in its discretion: 11.1.2.1with or without motion or notice, order the period enlarged if the request therefore is made before the expiration of the period originally prescribed or as extended by a previous order; or 11.1.2.2upon a motion made after the expiration of a specified period, permit the act to be done where the failure to act was the result of excusable neglect. 11.1.3Whenever a Party has the right to do, or is required to do, some act or take some proceeding within a prescribed period after being served, and service is by mail, three (3) days shall be added to the prescribed period. 11.2Service. Unless otherwise specifically required by the Equal Accommodations Law or these Regulations, service of complaints, answers, other pleadings, motions, requests or notices shall be made according to this Rule. 11.2.1For the initial complaint and any pleading which brings in a new Party, service shall be made by certified mail, return receipt requested with the return receipt card signed by: the person to be served; a person living with or working in the office of the person to be served; or an agent authorized by appointment or by law to receive service of process. Alternatively, where appropriate, service may be made in accordance with Superior Court Civil Rule 4(f), or Superior Court Civil Rule 4(h) for service under Title 10, Section 3104. 11.2.2For documents other than the initial complaint and any document which brings in a new Party, once jurisdiction over a party has been established, service shall be by certified mail, return receipt requested; by hand delivery or first class mail, as evidenced by a certificate of service; by an express mail service, with a receipt showing that the notice was delivered to the express mail service; or by telecopier or facsimile machine with confirmation of the transmission from the sender's machine. 11.2.2.1Where a Party is represented by an attorney, service shall be made on the attorney only. 11.3The Administrative Procedures Act (29 Del.C. Ch. 101), as it may be amended from time to time, shall provide the method by which these Regulations may be amended. 11.4These Regulations shall be reviewed periodically by the Commission, or a designee and the Director of the Division of Human Relations. Any recommendations for revision shall be submitted in writing to the Commission for consideration at a regularly scheduled meeting. 11.5These Regulations shall be liberally construed in such a manner as to accomplish the purpose of the Equal Accommodations Law. 11.6Copies of these Regulations shall be available during regular office hours at each of the offices of the Division of Human Relations or, upon request, by mail. A fee established by the Division of Human Relations may be charged for the provision of copies. 1502 Fair Housing Regulations ADOPTED: APRIL 8th, 1993 EFFECTIVE: MAY 10th, 1993 Pursuant to the authority granted to the Human Relations Commission under 6 Del.C. §4616 of the Delaware Fair Housing Act, and in accordance with the applicable requirements of The Administrative Procedures Act, the Human Relations Commission has adopted these rules and regulations to carry out the Delaware Fair Housing Act (The Act). These regulations shall govern individual cases over which the Human Relations Commission and the Division of Human Relations have jurisdiction pursuant to 6 Del.C., Ch. 46. These procedural regulations are intended to carry out the Delaware Fair Housing Act prohibiting unlawful discrimination in housing, and to enable the Commission to achieve equal or greater protection, thereby allowing eligibility for certain Federal funding necessary to carry out this function as a substantially equivalent agency. These rules and regulations are specific to the processing of complaints of unlawful housing discrimination under the Delaware Fair Housing Act. The Commission believes these rules and regulations are necessary to ensure the appropriate administration of the Fair Housing Act and in order that the commission will be regarded as a substantially equivalent agency. 1.1The following terms used in these regulations shall have the same definition as defined in the Delaware Fair Housing Act, Section 4602: Age Aggrieved persons Chairperson Commission Complainant Conciliation Conciliation Agreement Court Covered Multifamily Dwellings Handicap or Disability Discriminatory Housing Practice Division Dwelling Familial Status Family Housing For Older Persons Marital Status Panel Panel Chair Person Residential Real Estate - Related Transaction Respondent To Rent To Sell or sale Special Administration Fund 1.2As used in these Rules and Regulations, the following terms are defined: “Act” means The Delaware Fair Housing Act as amended from time to time, 6 Del.C., Ch. 46. “Business Day” means a day of the week other than Saturday, Sunday or a State Holiday. “Charging Party” means the same as "Complainant" (including in some instances the Commission). “Commissioner” means a person duly serving as a member of the Commission. “Creed” means any system of beliefs guiding or directing a person's behavior and actions including, but not limited to, an organized religion, sect, or philosophical society. “Direct Threat” means an individualized assessment that is based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate the direct threat. In evaluating a recent history of overt acts, a provider must take into account whether the individual has received intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of substantial harm). In such a situation, the provider may request that the individual document how the circumstances have changed so that he no longer poses a direct threat. A provider may also obtain satisfactory assurances that the individual will not pose a direct threat during the tenancy. “Director” means the administrator and head of the Office Division of Human Relations or person duly authorized to act as such. "Major Life Activity" means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking. This list of major life activities is not exhaustive. “Minor” means a person under the age of eighteen years who has not been court emancipated. “National Origin” means the native country of an individual or his ancestor(s). “Office” means any one of the places of business of the Division of Human Relations. “Party” means the Complainant(s) or Respondent(s). "Physical or Mental Impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. "Reasonable Accommodation" means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual's disability. “Religion” means a particular system of faith and worship recognized and practiced by a particular church, sect or denomination or other group of people. “Request for Reasonable Accommodation” means whenever a resident or applicant for housing makes clear to the housing provider that a request is being made for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. The request should include the type of accommodation that is being requested and, the need for the accommodation if the need for the accommodation is not readily apparent or not known to the provider, and an explanation of the relationship between the requested accommodation and the disability. The request need not be made in a particular manner or at a particular time or use any special words including but not limited to “reasonable accommodation.” The request must be made in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. Housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred forms or procedures for making such requests. “Sex” means the basis of being male or female. “Substantially Limits" means that the limitation is "significant" or "to a large degree." “Verified” means that the person signing the complaint or answer has sworn or affirmed that the statements of facts in the document are true. 2.1Any aggrieved person or the Commission itself may file a written complaint. Minors may be represented by a parent or guardian for the purpose of bringing an action. 2.2The Commission may initiate an investigation regarding compliance with applicable law whether or not a complaint is filed. Such investigations may be initiated by written statement showing justification signed by the Commission Chair Chairperson or such person as may be authorized by the Commission in accordance with applicable provisions of law. To the extent practicable, procedures in these Regulations shall apply to Commission-initiated investigations. 2.3A complaint shall be filed at any one of the places of business of the Division of Human Relations. 2.4Complaints filed with the Commission through the Division of Human Relations shall be in writing and deemed to be filed when received at the office in substantially completed form as required. A complaint referred to the Commission or the Division of Human Relations by a federal agency shall be deemed to be filed on the date it was taken or filed with such agency. 2.5Form of Complaint 2.5.1All complaints should be filed on a Complaint Form provided by the Office Division. 2.5.2All complaints shall include the following data: 2.5.2.1Full name and address of Complainant(s). 2.5.2.2Full name and address of Respondent (s), if known, identifying whether each Respondent is an individual, partnership, corporation, etc. 2.5.2.3The alleged discriminatory housing practice(s). A concise statement of the facts thereof. 2.5.2.4The date (s) of the alleged discriminatory practice (s) and whether the practice(s) is/are of a continuing nature together with the duration of such continuing practice(s). 2.5.2.5The signature of Complainant or his/her attorney or, in the case of a minor, a parent, or guardian. Such signature shall be notarized as a verified complaint. The Division of Human Relations shall provide such notarial service without charge for persons coming into the office. 2.6Complainants and Respondents must keep the Division of Human Relations informed of their current addresses and telephone numbers. Any written answer of Respondent shall be verified and filed with the Commission within twenty (20) days of receiving the complaint with proof of service showing a copy has been served on the Complainant. 4.1Investigation of complaints shall be conducted by the Division and commenced within thirty (30) days after filing the complaint, and may include: interviews, questionnaires, fact finding conferences, search of records, tests, identification of witnesses, development of statistics, other studies of alleged practices and patterns, or other work to gather relevant evidence. 4.1.1Evidence sought by a subpoena issued in connection with an investigation must be relevant to the investigation, be adequately specified, and only cover a reasonable period of time. 4.2Within thirty (30) days after a complaint is filed, the Division shall prepare questionnaires to be answered by the parties. Questions may be suggested by the parties for inclusion in such questionnaires. The answer to such questionnaires shall be submitted in writing to the Division within ten (10) business days after service of the questionnaire. Each party shall receive a copy of every other party’s response to questionnaires. 4.3The Division may schedule an informal fact-finding conference to be held with the Complainant and Respondent within thirty (30) days of the date the complaint is filed, unless it is impractical to do so. 4.4Investigation of a complaint shall proceed according to the time limits set forth in the Act, to aid conciliation, to determine if reasonable cause exists to issue a charge and to prepare the case for hearing or Court. 4.5At the end of each investigation, the Division shall prepare a final investigative report containing that information set forth in Section 4610 (b)(5) of The Act. 5.1The opportunity to conciliate or settle a case is available at any stage of the complaint process and may include a no-fault settlement opportunity prior to the onset of the investigation; the Complainant shall be advised of the opportunity when a complaint is filed and the Respondent when a complaint is served. 5.2Conciliation shall be initiated upon request of Complainant or Respondent or recommendation of the Division or the Panel assigned to the case. Statements made in the course of conciliation can be disclosed only as provided under the Act. 5.3An employee of the Division may serve as conciliator. A Commissioner, who is not assigned to the hearing Panel may be appointed by the Chairperson to serve as conciliator. 5.4Any agreement achieved by conciliation shall be set forth in writing and shall specify the appropriate relief agreed upon by the parties. The following may be included: 5.4.1binding arbitration to resolve the dispute; payment of damages; 5.4.2compensation or other monetary relief; 5.4.3payments made to the Special Administration Fund of the Human Relations Commission under 31 Del.C., Ch. 30; 5.4.4monitoring of future activities; 5.4.5affirmative action measures; 5.4.6closing or terminating the case; and 5.4.7other relief agreed upon by the parties that will further the purposes of the Act. 5.5A conciliation agreement shall become effective when signed by all parties and the Commission Chair Chairperson or his or her designee. 5.6Written and executed copies of such agreements shall be given to all parties. Conciliation agreements shall be publicly available unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purpose of the Act. 5.7Conciliation Agreements shall be enforced according to the Act. 6.1A case can be voluntarily terminated upon withdrawal of complaint by Complainant in writing prior to a response by the Respondent. However, after a response is filed by Respondent, a complaint may be withdrawn only with the consent of the Respondent or with approval by the Chairperson or his or her designee. 6.2A case may be closed by the Division for lack of activity in the case for more than ninety (90) days, failure of the Complainant to cooperate, or loss of contact with the Complainant. Application shall be made in writing to the Director or Chairperson, stating the reason for the proposed closing. 6.3All notices of case closing shall be served on all parties at the last addresses they provided to the Division and shall include a statement of the option to re-file the complaint as provided under that Act within the applicable statute of limitations. 7.1Except in the case of complaints initiated by the Commission, the Director or his or her designee shall make a determination as to whether or not reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and issue a charge on behalf of the aggrieved person or dismiss the complaint pursuant to Section 4610(f). 7.2The time for conciliation specified by Section 4610(b)(1) of the Act ends with the filing of a charge or a dismissal under Section 4610(f)(1)(2). Any subsequent settlement negotiations are conducted between the Respondent, or his or her attorney, and the Deputy Attorney general assigned to represent the Division. 7.3The charge shall consist of a short and plain statement of the facts that support a finding of reasonable cause by the Division and shall be served on the Respondent and the aggrieved person. The charge shall be based on the final investigative report and need not be limited to the facts alleged in the complaint. 7.4An aggrieved person may intervene as a party in the proceeding with written notice to the Division and the Respondent. 7.5Within twenty (20) days after service of the charge, a Respondent shall file an answer with the Division. 7.6Failure to file an answer to the charge shall be deemed an admission by the Respondent of all matters of fact recited therein and may result in the entry of a default decision by the Commission. 7.7Any party may elect in writing to proceed for judicial determination rather that than the administrative hearing before the Commission by notifying the Division within twenty (20) days of receiving the charge. If an election for judicial determination is made, the Respondent is not required to file an answer to the charge with the Division. The subsequent proceeding are subject to the rules of the Court. 8.1In the absence of an election to proceed with judicial determination pursuant to Section 4612 of the Act, the Commission Chair Chairperson or designee shall promptly appoint a panel of three (3) Commissioners, one of whom shall be designated as the Panel Chair. 8.2The Panel shall have all the powers of the Commission with respect to matters before it. 9.1After a charge is filed by the Division, parties may obtain discovery by depositions, written interrogatories, production of documents or things, and requests for admission. The expense of such discovery shall be borne by the party requesting the discovery. 9.2Pursuant to the Fair Housing Act, Sections 4612(d) and (e), discovery in administrative proceedings shall be conducted as expeditiously as possible consistent with the need of all parties to obtain relevant evidence and the statutory requirement that a hearing be scheduled within one hundred and twenty (120) days following the issuance of the charge unless impracticable. 9.3The parties shall try to agree on procedures for discovery. Where the parties cannot agree, disputes shall be presented in writing, and the dispute shall be resolved by written decision of a Commissioner, appointed by the Chairperson, who will not be assigned to the hearing Panel. 9.4Discovery need not be formal. For example, the parties need not have a professional stenographer for transcription of depositions, so long as a record is made in some fashion such as an audio or video tape. Parties shall be entitled to a copy of the record, in whatever form, at their own expense. 10.1Copies or photographs of all exhibits, except exhibits intended solely for impeachment, must be delivered to the Commission at the office of the Division where the complaint was filed and to all parties at least ten (10) business days prior to the hearing. The hearing panel shall consider such exhibits without formal proof unless the parties and the Commission have been notified at least five (5) business days prior to the hearing that an adverse party intends to raise an issue concerning the authenticity of the exhibit. 10.1.1The Panel may refuse to receive into evidence any exhibit, a copy or photographs of which has not been delivered to the Commission and to an adverse party as provided herein. After commencement of the hearing, the Panel, in its discretion, may view or inspect exhibits or the location involved in a case. 10.1.2Exhibits submitted at Panel Hearings are to be kept by the Commission during the passage of time for judicial review under Section 4612(i) or until all relevant proceedings have been concluded, whichever is later. When such time has passed, the exhibits shall be returned to their proper owner or destroyed. 10.2A written list of witnesses a party intends to call during a Panel Hearing, must be delivered to the Commission and all parties at least ten (10) business days prior to the hearing. 10.2.1The Commission Panel, may refuse to receive into evidence any testimony of a witness which has not been named on the witness list. 10.2.2A party requesting that a witness be subpoenaed to appear shall provide the address where service can be made as required under Rule 11.5. A witness is required to appear only if a subpoena has been issued. 10.3All motions shall be delivered to the office of the Division of Human Relations where the complaint was filed and to all other Parties at least ten (10) business days prior to the hearing. Motions filed beyond this time limit will not be considered by the Panel. Opposing Parties may file a response to the motion or may present opposition at the hearing. Replies to responses to motions are not permitted. 11.1The purpose of a hearing is to receive evidence, determine facts, and, after deliberation, render an adjudication in accordance with applicable law. 11.2Notice of the hearing shall be sent to the parties pursuant to the Administrative Procedures Act (29 Del.C. Ch. 101). 11.3No fewer than three (3) Commissioners shall constitute a quorum for all Commission Panel hearings. In the absence of any duly appointed Panel member the Commission Chair Chairperson or his or her designee shall be empowered to make a substitution without notice to the parties, provided the hearing has not yet begun. 11.4The hearing shall be held in the county in which the discriminatory housing practice is alleged to have occurred or is about to occur. 11.5As provided in 6 Del.C. §4510, A a subpoena shall be issued upon written request by any pParty, to a proceeding or the Panel Staff or Panel member. Such requests shall be submitted no later than twenty (20) business days in advance of the hearing. Such request shall be submitted by a party within a reasonable time in advance of the hearing or deposition. Witnesses and documents requested must be clearly described in writing and include addresses for service. The consequence of failure to request a subpoena in timely fashion shall be at the discretion of the Panel. 11.5.1Any individual or entity served with a subpoena may apply to the Panel to quash or modify the subpoena on any legal basis including but not limited to the following: that the subpoena does not adequately describe the evidence requested; is not relevant to the complaint; covers an unreasonable period of time; requires disclosure of a trade secret, confidential research, development or commercial information, privileged or other protected matter and no exception or waiver applies; subjects a person to undue burden or hardship; or requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute. 11.5.12Any Ssubpoenas may be served by the Division or a person 18 years of age or older who is not a Respondent or aggrieved person in the proceeding. A The return of service of each subpoena shall be promptly filed at the appropriate Division Ooffice. 11.5.23Where a person fails or neglects to attend and testify or to produce records or other evidence in obedience to a subpoena or other lawful order, the Commission may petition the Superior Court for an order requiring the person to appear to produce evidence or give testimony. Failure to obey such order is punishable by the Court as contempt. 11.6The hearing shall be conducted by the Panel Chair in a setting designed to put the parties at ease. Individuals may be represented by counsel. A corporate entity must be represented by an attorney admitted to practice in Delaware. Every hearing shall be recorded by electronic instrument or court reporter. 11.6.1All parties or their counsel shall be given the opportunity to make a brief opening statement prior to the introduction of any evidence in the case. The purpose of opening statements shall be to clarify the positions of the parties and the issues being presented for determination. 11.6.2All evidence shall be presented by sworn testimony and exhibits at the hearing. The Panel Chair shall have full authority to control the procedure of a hearing, including, but not limited to the authority to call and examine witnesses, admit or exclude evidence, and rule upon all motions and objections subject to the following: 11.6.2.1All witnesses shall be sworn by the court reporter. If a court reporter is not present, witnesses shall be sworn by the Panel Chair. 11.6.2.12Formal rules of evidence need will not be strictly followed. 11.6.2.23Examination shall be preserved and may be conducted by a party who represents himself or herself, an attorney admitted to practice in Delaware who represents a party, or the Commission Panel. 11.6.2.34Witnesses may be sequestered at the discretion of the Commission Panel. 11.6.2.45Evidence on behalf of the Complainant should ordinarily be introduced first, to be followed by the Respondent, then allowing rebuttal, if any. 11.6.2.56The Panel may continue a hearing from day to day or adjourn it to a later date or to a different place by so announcing at the Hearing or by appropriate notice to all parties. 11.6.2.67Following presentation of the evidence an opportunity shall be given to each party to make a closing statement. 11.6.2.78The Panel may re-call the parties for further testimony if it is unable to reach a decision. 11.7A written transcript shall be prepared, if and as required, on the written request of any party to the matter, provided that such party pays for the cost of preparing the transcript. The Division shall coordinate this process under State contract. 12.1Deliberations of the Panel are non-public. The case decision may be rendered immediately following the Hearing or the Panel may reserve its decision to a later date and so advise the parties. Decisions shall be by majority vote of the Panel. 12.2A copy of the Final Order shall be delivered by hand or mailed by Certified Mail, Return Receipt Requested, or by regular first class mail to the parties' last known address. In addition each party shall be notified of the right to seek reconsideration by the Panel. 12.3Any party within ten (10) business days after mailing of the Final order may apply to the Panel for reconsideration briefly and distinctly stating the grounds therefor. Such application for reconsider must show service on the opposing party. Within ten (10) business days after service of such motion, the opposing party may serve and file a brief answer to each ground asserted in the motion. The Panel shall promptly convene to consider such motion for reconsideration. The filing of such application shall not extend the time for judicial review under Section 4612(i). 13.1Any party seeking to recover attorney’s fees, costs, and expenses shall file a motion and affidavit detailing the time spent and fees incurred no later than the close of any hearing held before the Panel. 13.2A motion filed by a Respondent shall state with particularity the improper purpose that would permit recovery of attorney’s fees, costs, and expenses as provided pursuant to 6 Del.C. §4615. 14.1 Time. 14.1.1In computing any period of time prescribed or allowed by these Rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, or other legal holiday, or other day on which the Division of Human Relations is closed, in which event the period shall run until the end of the next day on which the Division is open. As used in this rule, "legal holidays" shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware. 14.1.2When by these Rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the Commission for cause shown may at any time in its discretion 14.1.2.1with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order or 14.1.2.2upon motion made after the expiration of specified period permit the act to be done where the failure to act was the result of excusable neglect. 14.1.3Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period. 14.2Service. Unless otherwise specifically required by the Acts or these regulations, service of complaints, answers, other pleadings, charges, motions, requests or notices shall be made according to this Rule. 14.2.1For the initial complaint and any pleading which brings in a new party, service shall be sufficient if made according to Superior Court Civil Rule 4(f), Rule 4(h) for service under 10 Del.C., §3104, or by certified mail, return receipt requested with the return receipt card signed by (1) the person to be served, (2) a person living with or working in the office of the person to be served, or (3) an agent authorized by appointment or by law to receive service of process. 14.2.2Once jurisdiction over a party has been established, service may be by certified mail, return receipt requested, or by hand delivery or mail pursuant to Superior Court Civil Rule 5(b), or by some other means of notice generally recognized in the community with some confirmation of the notice having been sent such as by regular first class mail to the parties' last known address as evidenced by a certificate of mailing, by an express mail service with a receipt showing the notice was delivered to the express mail company, or by telecopier or fax with confirmation of transmission from the sender's machine. 14.3These regulations shall be liberally construed to accomplish the purpose of the applicable laws. 14.4These regulations shall be reviewed periodically by the Commission or its designee and the Director of the Division of Human Relations. Any recommendations for change shall be submitted in writing to the Commission for consideration at a regularly scheduled meeting. 14.5The Administrative Procedures Act (29 Del.C., Ch. 101) shall provide the method by which these regulations may be amended. 14.6Copies of these regulations shall be available during regular office hours at the Division of Human Relations or, upon request, by mail. A copy of the rules and regulations are also available on the Delaware Administrative Code website. 15.1Housing for persons age 62 or older. 15.1.1Housing that is designated for persons age 62 or older must be solely occupied by persons age 62 or older. 15.1.2No person under age 62 may move into a unit designated for persons age 62 or older even if it is also occupied by a person who is qualified by age. For example, if a person age 65 who lives in a unit designated for persons age 62 or older marries a person age 60, the person age 60 does not qualify to live in the unit. 15.1.3Units occupied by persons under age 62 who are employees of the housing facility are not considered in determining whether housing qualifies as housing for persons age 62 or older. 15.1.4Units occupied by persons under age 62 who are necessary to provide a reasonable accommodation to residents with disabilities are not considered in determining whether housing qualifies as housing for persons age 62 or older. 15.2Housing for persons age 55 or older. 15.2.1Housing qualifies under this section as long as at least 80% of the units are occupied by at least one person age 55 or older. 15.2.1.1In computing whether the 80% occupancy test is met, unoccupied units are not included in the calculation. 15.2.1.2Units occupied by persons under age 55 who are employees of the housing facility are not considered in determining whether housing qualifies as housing for persons age 55 or older. 15.2.1.3Units occupied by persons under age 55 who are necessary to provide a reasonable accommodation to residents with disabilities are not considered in determining whether housing qualifies as housing for persons age 55 or older. 15.2.1.4A unit that is temporarily vacant is deemed to be occupied by a person 55 or older if, within the preceding 12 months, the unit was occupied by a person 55 or older who intends to periodically return. 15.2.1.5Owners or managers must maintain records demonstrating that at least 80% of the units are occupied by at least one person age 55 or older. These records shall include biennial surveys made to confirm the ages of occupants by reliable documentation, such as drivers’ licenses, passports, etc. Surveys shall be made available to the Division for inspection if a complaint of discrimination is filed. 15.2.2To qualify under this section, a facility or community must publish and adhere to policies and procedures that demonstrate the intent of the owner to maintain housing for persons age 55 or older. The publication must be available for inspection at the management office during regular business hours. 15.2.3To qualify under this section, a facility or community must have significant facilities and services designed to meet the physical or social needs of older persons. These can include periodic seminars, clubs, social activities, field trips, transportation, a local bus stop, homemaker or health services, maintenance, clubhouse, exercise equipment, recreation area, newsletters, etc. The Division will maintain a list of suggestions available for the convenience of providers of housing for persons 55 or older. The list is not all-inclusive. 15.3Provisions under the Act regarding familial status and age are not applicable to qualified housing for older persons. 15.4A child under eighteen 18 years of age may be a temporary resident in a unit of housing for older persons if the child’s parent, guardian, or person acting as a parent, with whom the child just resided, is unable to care for the child by reason of death, serious injury or serious illness. 8 DE Reg. 591 (10/01/04) Under Title 17 of the Delaware Code, Sections 134 and 141, as well as 21 Delaware Code Chapter 41, the Delaware Department of Transportation (DelDOT), is seeking to adopt a Delaware version of the Federal Manual on Uniform Traffic Control Devices (MUTCD). The Department has now drafted changes to Parts 1, 7, 8, and 9 of the Federal MUTCD. Other portions of the MUTCD have already been drafted and adopted. Public Comment Period The Department will take written comments on the draft changes to the Delaware MUTCD from April 1, 2008 through April 30, 2008. Copies of the Draft Delaware MUTCD can be obtained by reviewing or downloading a PDF copy at the following web address: http://regulations.delaware.gov/register/april2008/proposed/MUTCD.pdf. Questions or comments regarding this document should be directed to: Donald Weber, P.E. Assistant Director of Transportation Engineering Division of Transportation Solutions Delaware Department of Transportation 169 Brick Store Landing Road Smyrna, DE 19977 (302) 659-2002 (telephone) (302) 653-2859 (fax) don.weber@state.de.us *Please Note: Due to the size of the proposed regulation, the DelDOT Manual on Uniform Traffic Control Devices, Parts 1, 7, 8 and 9, is not being published here. A PDF version is available at the website listed below: http://regulations.delaware.gov/register/april2008/proposed/MUTCD.pdf DEPARTMENT OF AGRICULTURE Pursuant to 29 Del.C. §10118 and 3 Del.C. §10103, the Delaware Thoroughbred Racing Commission issues this Order adopting proposed rules to the Commission's Rules. Following notice and a public hearing on October 23, 2007, the Commission makes the following findings and conclusions: Summary of the Evidence 1.The Commission posted public notice of the proposed rules October 1, 2007 in the Register of Regulations and for two consecutive weeks in The News Journal and Delaware State News. The Commission proposed to add rules 13.8.2, 13.13.2, 13.13.3, and 13.13.4 to reflect current policies, practices, and procedures. 2.The Commission received no written comments. The Commission held a public hearing on October 23, 2007 and received no public comments. Findings of Fact and Conclusions 1.The public was given notice and an opportunity to provide the Commission with comments in writing and by testimony at the public hearing on the proposed amendments to the Commission's Rules. 2.The Commission concludes that rules 13.8.2, 13.13.2, 13.13.3, and 13.13.4 should be adopted to reflect current policies, practices, and procedures. 3.The effective date of this Order will be ten (10) days from the publication of this Order in the Register of Regulations on April 1, 2008. IT IS SO ORDERED this 12th day of March 2008 Bernard J. Daney, Chairman W. Duncan Patterson, Secretary/Commissioner Henry James Decker, Commissioner Debbie Killeen, Commissioner Edward Stegemeier, Commissioner *Please note that no changes were made to the regulation as originally proposed and published in the October 2007 issue of the Register at page 396 (11 DE Reg. 396). Therefore, the final regulation is not being republished. A copy of the final regulation is available at http://regulations.delaware.gov/register/april2008/final/11 DE Reg 1373 04-01-08.htm Pursuant to 29 Del.C. §10118 and 3 Del.C. §10103, the Delaware Thoroughbred Racing Commission issues this Order adopting proposed rules to the Commission's Rules. Following notice and a public hearing on March 11, 2008, the Commission makes the following findings and conclusions: Summary of the Evidence 1.The Commission posted public notice of the proposed rules February 1, 2008 in the Register of Regulations and for two consecutive weeks in The News Journal and Delaware State News. The Commission proposed to amend Section 15 of the rules and regulations to address use of Androgenic-Anabolic Steroids by thoroughbred horses by amending existing Rule 15.1.3.1.3 and adding new Rule 15.17. 2.The public was given notice and an opportunity to provide the Commission with comments in writing and by testimony at the public hearing on the proposed amendments to the Commission's Rules. 3.The Commission has considered the public comments and hereby adopts the rule changes as proposed. Findings of Fact and Conclusions 1.The public was given notice and an opportunity to provide the Commission with comments in writing and by testimony at the public hearing on the proposed amendments to the Commission's Rules. 2.The Commission concludes that the proposal to amend Section 15 by amending existing Rule 15.1.3.1.3 and adding new Rule 15.17 should be adopted to address use of Androgenic-Anabolic Steroids by thoroughbred horses. 3.The effective date of this Order will be ten (10) days from the publication of this Order in the Register of Regulations on April 1, 2008. IT IS SO ORDERED this 12th day of March 2008 Bernard J. Daney, Chairman W. Duncan Patterson, Secretary/Commissioner Henry James Decker, Commissioner Debbie Killeen, Commissioner Edward Stegemeier, Commissioner *Please note that no changes were made to the regulation as originally proposed and published in the February 2008 issue of the Register at page 969 (11 DE Reg. 969). Therefore, the final regulation is not being republished. A copy of the final regulation is available at http://regulations.delaware.gov/register/april2008/final/11 DE Reg 1374 04-01-08.htm DEPARTMENT OF EDUCATION PROFESSIONAL STANDARDS BOARD I. Summary of the Evidence and Information Submitted The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1505 Standard Certificate. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to provide clarification on the requirements for a Delaware educator to attain a second or subsequent certification. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on January 2, 2008 in the form hereto attached as Exhibit "A". The notice invited written comments. Corroborating comments were received from the Governor's Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities. II. Findings of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute. III. Decision to Amend the Regulation For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V below. IV. Text and Citation The text of the regulation amended shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1505 of the Administrative Code of Regulations of the Department of Education. V. Effective Date of Order The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. APPROVED BY THE PROFESSIONAL STANDARDS BOARD ON THE 7TH DAY OF MARCH, 2008 Kathleen Thomas, Chair Cathy Cathcart Joanne Christian Marilyn Dollard Sandra Falatek Karen Gordon Barbara Grogg Leslie Holden Lori Hudson Dorothy McQuaid Mary Mirabeau Wendy Murray Gretchen Pikus Karen Schilling-Ross Michael Thomas Carol Vukelich FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION: Valerie A. Woodruff, Secretary of Education IT IS SO ORDERED THIS 20TH DAY OF MARCH, 2008. STATE BOARD OF EDUCATION Jean W. Allen, President Richard M. Farmer, Jr., Vice President Mary B. Graham, Esquire Jorge L. Melendez Barbara Rutt Dennis J. Savage Dr. Terry M. Whittaker 1505 Standard Certificate 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a). 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a 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. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours taken either as part of a degree program or in addition to it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. “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. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major or its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “NASDTEC” means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. [“Second Certificate” or “Second Standard Certificate” means any standard certificate issue after the first standard certificate including any second or subsequent standard certificate.] “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 98 (07/01/06) 3.0Standard Certificate The Department shall issue a Standard Certificate to an educator who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003, who has met the following requirements: 3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2Meeting the requirements set forth in the relevant Department or Standards Board regulation governing the issuance of a Standard Certificate in the area for which a Standard Certificate is sought; or 3.1.3Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in the area of the Standard Certificate requested, or 3.1.4Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.5Holding a bachelor’s degree from a regionally accredited college or university in any content area, and 3.1.5.1for applicants applying after June 30, 2006 for their first standard certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) or their equivalent credits must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2For applicants applying after December 31, 2005, where [an examination of content knowledge such as] a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieved a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3Met the requirements for licensure and holding a valid and current license or certificate from another state in the area for which a Standard Certificate is requested; or 3.4Met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203. 3.5If additional criteria are imposed by a specific regulation in the area for which a Standard Certificate is sought, the additional requirement must also be met. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1004 (2/1/04) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 10 DE Reg. 1593 (04/01/07) DEPARTMENT OF INSURANCE Proposed changes to Regulation 1003 relating to Credit for Reinsurance were published in the Delaware Register of Regulations on February 1, 2008. The comment period remained open until March 3, 2008. There was no public hearing on the proposed changes to Regulation 1003. Public notice of the proposed changes to Regulation 1003 in the Register of Regulations was in conformity with Delaware law. Summary of the Evidence and Information Submitted No public comment was received as a result of the publication of the proposed changes for comment. Regulation 1003 prior to the proposed amendment required the use of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce Publication 500. Publication 500 has been updated since the enactment of Regulation 1003 and is likely to be updated in the future. The purpose of Regulation 1003 is best served by the utilization of the most current update of Publication 500. Findings of Fact Based on Delaware law and the record in this docket, I make the following findings of fact: 1.18 Del.C. §910 et. seq. of the Insurance Code requires a regulation to set forth rules and procedural requirements which the commissioner deems necessary to carry out the provisions of the Code. 2.The use of the most current version of Publication 500 of the Uniform Customs and Practices for Documentary Credits of the International Chamber of Commerce best serves the purpose of those rules and requirements. Decision and Effective Date Based on the provisions of 18 Del.C. §§311(a) and 1718 and 29 Del.C. §§10113-10118 and the record in this docket, I hereby adopt Regulation 1003 as amended and as may more fully and at large appear in the version attached hereto to be effective on April 11, 2008. Text and Citation The text of the proposed amendments to Regulation 1003 last appeared in the Register of Regulations Vol. 11, Issue 8, pages 990-998. IT IS SO ORDERED this th day of March 2008. Matthew Denn Insurance Commissioner *Please note that no changes were made to the regulation as originally proposed and published in the February 2008 issue of the Register at page 990 (11 DE Reg. 990). Therefore, the final regulation is not being republished here. A copy of the final regulation is available at http://regulations.delaware.gov/register/april2008/final/11 DE Reg 1378 04-01-08.htm ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION NOTICE OF PUBLIC COMMENT PERIOD The Delaware Department of Agriculture Poultry and Animal Health and Food Products Inspection Section (“the Department”) is proposing to amend its existing regulations concerning the inspection of meat, poultry, and egg products and for the humane slaughter of livestock so that they are equal to existing federal statutes and regulations that deal with these subject matters. By doing so the Department will bring its regulations current with modifications to 9 CFR Parts 300 through 500 since the Department last promulgated its regulations for food safety in April of 2002. The Department also proposes to incorporate by reference the U.S. Department of Agriculture’s regulations dealing with the inspection of eggs and egg products and for the voluntary inspection of eggs. Comments by the public concerning these proposed regulations should be submitted in writing to Assistant State Veterinarian, Caroline Hughes, D.V.M., whose address with the Department is 2320 South Dupont Highway, Dover, Delaware 19901. Written comments must be received by Dr. Hughes on or before May 1, 2008 to be considered prior to the adoption of these proposed regulations. Copies of the relevant portions of the Code of Federal Regulations that are to become enforceable in this state at the conclusion of the administrative procedures process may be obtained by contacting the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402-9328. For more information, contact Dr. Hughes by calling (302) 698-4561. ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION NOTICE OF PUBLIC COMMENT PERIOD 304 Exotic Animal Regulations The Delaware Department of Agriculture proposes these regulations in accordance with the General Assembly’s mandate to enforce Chapter 72 of Title 3 of the Delaware Code and to specify the means by which citizens of the State of Delaware may obtain a permit from the Delaware Department of Agriculture to possess, sell, or exhibit, exotic animals within the state. It should be noted here that these regulations do not supersede Delaware Code Title 7 Chapter 6 regarding Endangered Species. The Delaware Department of Agriculture solicits written comments from the public concerning these proposed regulations. Any such comments should be submitted to the State Veterinarian, Sara Busch, DVM, at Delaware Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901 on or before May 1, 2008. Copies of the proposed regulations are available on request. HARNESS RACING COMMISSION NOTICE OF PUBLIC HEARING The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rule 10 by the addition of a proposed Rule 10.2.8.3. The Commission will hold a public hearing on the proposed rule changes on May 13, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on April 1, 2008. The proposed changes are for the purpose of updating Rule 10 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/ services/current_issue.shtml A copy is also available for inspection at the Racing Commission office. THOROUGHBRED RACING COMMISSION NOTICE OF PUBLIC HEARING The Delaware Thoroughbred Racing Commission in accordance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends Section 13 of the rules and regulations to address Claiming Races by amending existing Rule 13.1.1, 13.1.2, and 13.6.1. A public hearing will be held on April 30, 2008 at 10:00 a.m. in the second floor conference room of the Horsemen’s Office at Delaware Park, 777 Delaware Park Boulevard, Wilmington, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware. Copies are also published online at the Register of Regulations website: http://regulations.delaware.gov/services/ current_issue.shtml. Persons wishing to submit written comments may forward these to the attention of John F. Wayne, Executive Director, at the above address. The final date to receive written comments will be at the public hearing. DEPARTMENT OF EDUCATION The State Board of Education will hold its monthly meeting on Thursday, April 17, 2008 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE NOTICE OF PUBLIC COMMENT PERIOD Medicaid for Workers with Disabilities In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) related to the implementation of the Medicaid Buy-In program for the working disabled. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning and Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by April 30, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF SOCIAL SERVICES NOTICE OF PUBLIC COMMENT PERIOD In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services (DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by April 30, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 302 relating to financial and reporting requirements of captive insurance companies. The docket number for this proposed amendment is 681. The purpose of the proposed amendment to regulation 302 is to update the existing regulation with respect to statutory law. The text of the proposed amendment is reproduced in the April 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http:// www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday May 5, 2008, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. DIVISION OF INDUSTRIAL AFFAIRS NOTICE OF PUBLIC HEARING The Secretary of Labor in accordance with 19 Del.C. §§2322B and §2322F(j) has proposed rules and regulations relating to workers’ compensation. These proposals set forth health care payment system with coordinated instructions and guidelines developed by the Health Care Advisory Panel to assist in the health care treatment in workers’ compensation (“Practice Guidelines”) and also set forth the utilization review program developed by the Health Care Advisory Panel and associated utilization request form to assist in the health care treatment in workers’ compensation (“Utilization Review” and “Utilization Review Form”). A public hearing will be held before the Health Care Advisory Panel (“Panel”) at 4:00 p.m. on May 14, 2008, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from John Kirk, Administrator, Workers’ Compensation, Division of Industrial Affairs, Department of Labor, P.O. Box 9828, 4425 N. Market Street, Wilmington, Delaware 19809-0828. Persons wishing to submit written comments may forward these to the Panel at the above address. The final date to receive written comments will be at the public hearing. The Panel will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public hearing. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH AND WILDLIFE NOTICE OF PUBLIC HEARING AND COMMENT PERIOD 3758 Possession of V-notched Lobsters Prohibited Title of the Regulations: Tidal Finfish Regulation and Shellfish Regulation Brief Synopsis of the Subject, Substnace and Issues: The commercial black sea bass fishery in Delaware is managed by an individual quota system (ITQ) that is distributed to those fishermen meeting specific qualifying criteria for participation in either the fish pot or commercial hook and line fisheries. The current regulations do not allow the transfer of quota between individuals. However, declining quotas due to slower than anticipated stock recovery rates and a lack of participation by some individuals that are assigned quotas has created a situation were it would be advantageous to the fishermen to transfer quota in order to fully utilize Delaware’s annual commercial black sea bass quota. This amendment to the regulation would permit eligible participants in the commercial sea bass fishery to make a one-time per season transfer of their quota, either in part or in total, to another eligible participant in either the commercial sea bass pot fishery or the commercial sea bass hook and line fishery respectively on forms to be supplied by the Department. The purpose of the proposed lobster regulatory change is to bring Delaware in to compliance with Addendum XI to Amendment 3 of the Atlantic States Marine Fisheries Commission lobster management plan for federal waters off Delaware in what is known as Lobster Conservation Management Area 5. Delaware is required to re-define marking requirements for female lobsters. The mark used, called a V-notch, is presently defined in Delaware regulations as a straight-sided triangular cut without setal hairs at least ¼ inch in depth in the right of center tail flipper. The proposed change will re-define a V-notch as being at least 1/8 inch deep with or without setal hairs. Notice of Public Comment: Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, (302) 739 3441. A public hearing on these proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover. DE at 7:00 PM on April 24, 2008. Individuals may present their opinion and evidence either at the hearing or in writing to Lisa Vest, Hearing Officer, Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901 or via e-mail to Lisa.Vest@state.de.us. The hearing record will remain open for written or e-mail comments until 4:30 PM April 30, 2008. Prepared By: Richard Cole, 302-739-4782, February 19, 2008 DIVISION OF PROFESSIONAL REGULATION NOTICE OF PUBLIC COMMENT PERIOD The Delaware Board of Architects in accordance with 24 Del.C. §306(a)(1) has proposed changes to its rules and regulations. The proposal amends multiple sections of the rules and regulations to address notice requirements for out of state architects intending to offer services or participate in a design competition in Delaware, conforming Architect Registration Examination timing and retake requirements to the rules of the National Conference of Architectural Registration Board, Continuing Education (CE) requirements for previously licensed architects, increasing the biennial CE requirement from 16 to 24 unit hours, and signature and seal requirements for technical submissions. The proposed changes to the rules and regulations also contain provisions for online renewal and attestation of having fulfilled CE requirements. Members of the public can offer comments on the proposed changes by submitting their comments in writing to the Board of Architects, Attn: Margaret Foreit, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904. The final date to receive written comments will be April 30, 2008. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Board of Architects at the above address. The Board will consider promulgating the proposed regulation at its regularly scheduled meeting following the written comment period. DIVISION OF PROFESSIONAL REGULATION NOTICE OF PUBLIC HEARING AND COMMENT PERIOD The Board of Podiatry (“Board”) was established to protect the public from unsafe practices and from occupational practices, which tend to reduce competition or fix the price of services rendered by the professions under its purview. The Board was further established to maintain minimum standards of practitioner competency and delivery of services to the public. The Board is authorized by 24 Del.C. §506(a)(1) to make, adopt, amend, and repeal regulations as necessary to effectuate those objectives. Pursuant to 24 Del.C. §3706(a)(1), the Board has proposed amendments to its regulation section 5.0. Specifically, the proposed changes to section 5.0 Licenses (In-Training, Lapse/Renewal, Inactive) create a mandatory audit of all late-renewed licensees to verify compliance with the continuing education requirement. Other grammatical, typographic, or stylistic changes are also included. A public hearing is scheduled for Thursday, July 17, 2008 at 5:00 p.m. in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Margaret Foreit at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Margaret Foreit at the above address or by calling (302) 744-4500. The Board will consider promulgating the proposed regulations immediately following the public hearing. 2925 Real Estate Commission Education Committee NOTICE OF PUBLIC HEARING AND COMMENT PERIOD PLEASE TAKE NOTICE, pursuant to 29 Del.C. Chapter 101 and 24 Del.C. Sections 2905(a)(1) and 2911(b), the Delaware Real Estate Commission proposes to revise its Guidelines for Fulfilling the Delaware Real Estate Education Requirements. First, Rule 6.1.1.7 will be added to provide that courses addressing the use of technology in delivering real estate services may be considered eligible for continuing education credits. Rule 6.3 will be added to provide that continuing education programs must be a minimum of one hour and delivered in one hour increments. Finally, Rule 8.2 will be amended to state that a student who arrives at a continuing education program after the instruction begins shall not receive continuing education credit. A public hearing will be held on May 8, 2008 at 9:15 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Real Estate Commission, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Commission at the above address. The final date to receive written comments will be at the public hearing. The Commission will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. HUMAN RELATIONS COMMISSION Equal Accommodations and Fair Housing NOTICE OF PUBLIC HEARING AND COMMENT PERIOD The State Human Relations Commission, in accordance with 29 Del.C. Chapter 101 and 6 Del.C. §§4506 and 4616, proposes amendments to the Equal Accommodations Regulations and Fair Housing Regulations. The changes are required to clarify hearing procedures and to comply with changes to “The Delaware Equal Accommodations Law” and “The Delaware Fair Housing Act”, 6 Del.C. Chapters 45 and 46 and 31 Del.C. Chapter 30 and 31, and other items. A public hearing is scheduled for Thursday, May 8, 2008 at 7:00 p.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904, where members of the public may offer comments. The Commission will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Commission care of Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904. The final date to submit written comments shall be at the public hearing. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904, (302) 739-4567. DIVISION OF TRANSPORTATION SOLUTIONS NOTICE OF PUBLIC COMMENT PERIOD Under Title 17 of the Delaware Code, Sections 134 and 141, as well as 21 Delaware Code Chapter 41, the Delaware Department of Transportation (DelDOT), is seeking to adopt a Delaware version of the Federal Manual on Uniform Traffic Control Devices (MUTCD). The Department has now drafted changes to Parts 1, 7, 8, and 9 of the Federal MUTCD. Other portions of the MUTCD have already been drafted and adopted. Public Comment Period The Department will take written comments on the draft changes to the Delaware MUTCD from April 1, 2008 through April 30, 2008. Copies of the Draft Delaware MUTCD can be obtained by reviewing or downloading a PDF copy at the following web address: http://regulations.delaware.gov/register/april2008/proposed/MUTCD.pdf. Questions or comments regarding this document should be directed to: Donald Weber, P.E. Assistant Director of Transportation Engineering Division of Transportation Solutions Delaware Department of Transportation 169 Brick Store Landing Road Smyrna, DE 19977 (302) 659-2002 (telephone) (302) 653-2859 (fax) don.weber@state.de.us 11 DE Reg. 1380 (04/01/08)