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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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