Cumulative Tables........................................................................................................................................ 1011 PROPOSED DEPARTMENT OF AGRICULTURE Harness Racing Commission 304 Exotic Animal Regulations.......................................................................................................... 1017 DEPARTMENT OF EDUCATION Office of the Secretary 746 Criminal Background Check for Student Teaching..................................................................... 1025 Professional Standards Board 1506 Emergency Certificate.............................................................................................................. 1027 1513 Denial of Licenses.................................................................................................................... 1031 1514 Revocation of Licenses and Certificates................................................................................... 1035 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance DSSM: 15120.2 Financial Eligibility; 16230.1.2 Self-Employment Income........................................ 1044 16500.1 Eligibility Requirements.......................................................................................... 1047 Division of Social Services DSSM:9008 Residency.................................................................................................................... 1048 9064.4 Anticipating Expenses; 9065 Calculating Net Income and Benefit Levels; 9086 Mass Changes............................................................................................................. 1051 DEPARTMENT OF STATE Division of Professional Regulation 1700 Board of Medical Practice, Section 30.0 Patient Records; Fee Schedule for Copies............... 1053 8800 Boxing, Sparring Matches and Exhibitions............................................................................... 1054 501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race; Section 10.0, Due Process and Disciplinary Action.......................................................................................... 1074 DEPARTMENT OF EDUCATION Office of the Secretary 611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems....... 1075 618 School Safety Audit.................................................................................................................... 1080 620 School Crisis Response Plans.................................................................................................... 1081 621 District and School Emergency Preparedness Policy................................................................. 1082 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs.................................................................................................................... 1084 1105 School Transportation............................................................................................................... 1086 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance DSSM: 20700.6 - 20700.6.7 Delaware’s Attendant Services Waiver Program................................ 1088 Division of Social Services DSSM:9046 Countable Resources; 9049 Excluded Resources...................................................... 1090 9093.1 Definitions/Acronyms; 9093.8 EBT Benefits and Claim Issues; 9093.9 Aging Periods and Expungement Process.................................................................................. 1092 1003.4 Court Appointed Special Advocate (CASA or guardian ad litem)............................. 1095 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 9.0: Hospital Ethylene Oxide Sterilizers............................................................................................. 1097 DEPARTMENT OF STATE Division of Professional Regulation 3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience............................. 1108 Public Service Commission PSC Regulation Docket No. 56: The Adoption of Rules to Implement the Renewable Energy Portfolio Standards Act as Applied to Retail Electricity Suppliers............................................... 1110 DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2213 Issuance of Non-Commercial Driver Licenses and Emergency Vehicle Operators Documents................................................................................................................................. 1114 Governor’s Appointments.............................................................................................................................. 1116 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Div. of Animal Health & Food Products Inspection, Notice of Public Hearing........ 1119 State Board of Education, Notice of Monthly Meeting................................................................................. 1119 Dept. of Health and Social Services Div. of Medicaid and Medical Assistance, Notices of Public Comment Periods.................... 1119-1120 Div. of Social Services, Notice of Public Comment Period.................................................................... 1120 Dept. of State, Div. of Professional Regulation, Board of Medical Practice, Notice of Public Hearing............................................................................... 1121 Council on Real Estate Appraisers, Notice of Public Hearing.................................................................. 1121 102 Delaware Health Information Network Regulations on Participation.......................12 DE Reg. 540 (Prop.) 12 DE Reg. 979 (Final) 201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................12 DE Reg. 59 (Final) Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach to Identify and Control Water Loss..........................................................................12 DE Reg. 275 (Prop.) Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters..............................................12 DE Reg. 310 (Final) 501 Regulations of the Delaware Solid Waste Authority................................................12 DE Reg. 375 (Prop.) Delaware State Fire Prevention Regulations, Part IX, Fire Service Standards .............12 DE Reg. 6 (Prop.) Part VIII, Fire Department and Ambulance Company Administrative Standards Chapter 1................................................................................................................12 DE Reg. 278 (Prop.) 12 DE Reg. 926 (Final) Part IX, Fire Service Standards, Chapter 4, Minimum Requirements of the Establishment of Fire Companies and Sub Stations................................................12 DE Reg. 436 (Final) 301 Violent Crimes Compensation Board Rules and Regulations.................................12 DE Reg. 546 (Prop.) 304 Exotic Animal Regulations................................................................................12 DE Reg. 388 (Prop.) 501 Harness Racing Rules and Regulations, 6.0 Type of Races and 8.0 Veterinary Practices, Equine Health Medication.................................12 DE Reg. 95 (Prop.) 12 DE Reg. 324 (Final) 12 DE Reg. 666 (Final) 501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race; Section 10.0 Due Process and Disciplinary Action...........................................12 DE Reg. 554 (Prop.) 501 Harness Racing Rules and Regulations, 9.0 Pari-Mutuel Wagering................12 DE Reg. 864 (Prop.) 1001 Thoroughbred Racing Rules and Regulations, 11.0 Entries, etc....................12 DE Reg. 394 (Prop.) 12 DE Reg. 667 (Final) 1001 Thoroughbred Racing Rules and Regulations, 13.0 Claiming Races.............12 DE Reg. 201 (Final) 103 Accountability for Schools, Districts and the State............................................12 DE Reg. 202 (Final) 110 Teachers and Specialists Appraisal Process (Repeal) ....................................12 DE Reg. 204 (Rep.) 112 Addendum to Teachers and Specialists Appraisal Process (Repeal)...............12 DE Reg. 205 (Rep.) 115 School Level Administrator Appraisal Process (Repeal) .................................12 DE Reg. 207 (Rep.) 220 Diversity............................................................................................................12 DE Reg. 894 (Prop.) 230 Promotion.........................................................................................................12 DE Reg. 556 (Prop.) 12 DE Reg. 932 (Final) 240 Recruiting and Training of Professional Educators for Critical Curricular Areas................................................................................................................12 DE Reg. 895 (Prop.) 245 Michael C. Ferguson Achievement Awards Scholarship..................................12 DE Reg. 398 (Prop.) 12 DE Reg. 780 (Final) 255 Definitions of Public School, Private School and Nonpublic School.................12 DE Reg. 108 (Prop.) 12 DE Reg. 668 (Final) 258 Federal Programs General Complaint Procedures .........................................12 DE Reg. 208 (Final) 275 Charter Schools ...............................................................................................12 DE Reg. 211 (Final) 410 Satellite School Agreements............................................................................12 DE Reg. 61 (Final) 502 Alignment of Local School District Curricula to the State Content Standards .12 DE Reg. 216 (Final) 505 High School Graduation Requirements and Diplomas.....................................12 DE Reg. 401 (Prop.) 12 DE Reg. 557 (Prop.) 12 DE Reg. 934 (Final) 506 Policies for Dual Enrollment and Awarding Dual Credit...................................12 DE Reg. 110 (Prop.) 12 DE Reg. 437 (Final) 525 Requirements for Career Technical Education Programs................................12 DE Reg. 113 (Prop.) 12 DE Reg. 439 (Final) 12 DE Reg. 562 (Prop.) 12 DE Reg. 936 (Final) 540 Driver Education...............................................................................................12 DE Reg. 281 (Prop.) 12 DE Reg. 670 (Final) 603 Compliance with the Gun Free Schools Act.....................................................12 DE Reg. 9 (Prop.) 12 DE Reg. 325 (Final) 605 Student Rights and Responsibilities ................................................................12 DE Reg. 219 (Final) 608 Unsafe School Choice Option for Students in Persistently Dangerous Schools and for Students who have been Victims of a Violent Felony ............12 DE Reg. 62 (Final) 611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems..........................................................................................12 DE Reg. 707 (Prop.) 612 Possession, Use or Distribution of Drugs and Alcohol.....................................12 DE Reg. 406 (Prop.) 12 DE Reg. 781 (Final) 615 School Attendance ..........................................................................................12 DE Reg. 221 (Final) 618 School Safety Audit..........................................................................................12 DE Reg. 711 (Prop.) 620 School Crisis Response Plans.........................................................................12 DE Reg. 712 (Prop.) 621 District and School Emergency Preparedness Policy......................................12 DE Reg. 714 (Prop.) 716 Maintenance of Local School District and Charter School Personnel Records12 DE Reg. 116 (Prop.) 12 DE Reg. 443 (Final) 737 Tuition Billing for Special Schools and Programs.............................................12 DE Reg. 566 (Prop.) 12 DE Reg. 940 (Final) 745 Criminal Background Check for Public School Related Employment...............12 DE Reg. 11 (Prop.) 12 DE Reg. 327 (Final) 746 Criminal Background Check for Student Teaching ..........................................12 DE Reg. 17 (Prop.) 12 DE Reg. 329 (Final) 881 Releasing Students to Persons Other Than Their Parent, Guardian or Relative Caregiver............................................................................................12 DE Reg. 222 (Final) 901 Education of Homeless Children and Youth.....................................................12 DE Reg. 119 (Prop.) 12 DE Reg. 444 (Final) 915 James H. Groves High School ........................................................................12 DE Reg. 63 (Final) 925 Children with Disabilities Subpart D.................................................................12 DE Reg. 569 (Prop.) 1105 School Transportation.....................................................................................12 DE Reg. 716 (Prop.) 1502 Professional Growth Salary Increments.........................................................12 DE Reg. 572 (Prop.) 12 DE Reg. 942 (Final) 1510 Issuance of Initial License...............................................................................12 DE Reg. 577 (Prop.) 12 DE Reg. 945 (Final) 1531 Middle Level English Language Arts Teacher.................................................12 DE Reg. 332 (Final) 1532 Middle Level Mathematics Teacher................................................................12 DE Reg. 333 (Final) 1533 Middle Level Science Teacher........................................................................12 DE Reg. 335 (Final) 1534 Middle Level Social Studies Teacher..............................................................12 DE Reg. 336 (Final) 1552 Career and Technical Specialist......................................................................12 DE Reg. 338 (Final) 1559 Trade and Industrial Education Teacher.........................................................12 DE Reg. 584 (Prop.) 12 DE Reg. 952 (Final) 1561 Bilingual Teacher............................................................................................12 DE Reg. 339 (Final) 1562 English to Speakers of Other Languages (ESOL) Teacher............................12 DE Reg. 341 (Final) 1572 Teacher of Students Who Are Gifted and Talented.........................................12 DE Reg. 409 (Prop.) 12 DE Reg. 785 (Final) 1580 School Library Media Specialist......................................................................12 DE Reg. 901 (Prop.) 1597 Delaware Professional Teaching Standards...................................................12 DE Reg. 904 (Prop.) DEPARTMENT OF HEALTH AND SOCIAL SERVICES 2100 Eligibility Criteria.............................................................................................12 DE Reg. 738 (Prop.) 3201 Skilled and Intermediate Care Nursing Facilities............................................12 DE Reg. 592 (Prop.) 12 DE Reg. 960 (Final) DSSM:14900 Enrollment in Managed Care...........................................................12 DE Reg. 446 (Final) 17800 Medical Assistance During Transition to Medicare Program...........12 DE Reg. 270 (Emer) 12 DE Reg. 284 (Prop.) 12 DE Reg. 788 (Final) 17900 Medicaid for Workers with Disabilities.............................................12 DE Reg. 446 (Final) 20700.6 Attendant Services Waiver, Repeal of..........................................12 DE Reg. 740 (Prop.) 20800 Long Term Care - Acute Care Program (SSI)..................................12 DE Reg. 123 (Prop.) 20810 Treatment of Couples in Medical Institutions...................................12 DE Reg. 224 (Final) Pharmaceutical Services Program - Tamper-Resistant Prescription Pads.......12 DE Reg. 20 (Prop.) 12 DE Reg. 342 (Final) Title XIX Medicaid State Plan Attachment 2.2-A, Page 18...............................................................................12 DE Reg. 284 (Prop.) 12 DE Reg. 788 (Final) Attachment 2.2-A, Page 23C.............................................................................12 DE Reg. 446 (Final) Attachment 2.6-A, Pages 12c through 12o.......................................................12 DE Reg. 446 (Final) Attachment 2.6-A, Supplement 6......................................................................12 DE Reg. 284 (Prop.) 12 DE Reg. 788 (Final) Medicaid Integrity Program, Page 79y (4.43)....................................................12 DE Reg. 226 (Final) School-Based Health Services, Attachment 3.1-A............................................12 DE Reg. 228 (Final) Third Party Data Exchange...............................................................................12 DE Reg. 65 (Final) 4202 Control of Communicable and Other Disease Conditions..............................12 DE Reg. 913 (Prop.) 4403 Free Standing Birthing Centers.......................................................................12 DE Reg. 235 (Final) 4406 Home Health Agencies, Aide Only (Licensure)..............................................12 DE Reg. 412 (Prop.) 4410 Skilled Home Health Agencies Licensure.......................................................12 DE Reg. 412 (Prop.) DSSM1000 Responsibility for the Administration of Delaware’s Assistance Programs12 DE Reg. 126 (Prop.) 12 DE Reg. 453 (Final) 1003 Confidentiality....................................................................................12 DE Reg. 126 (Prop.) 12 DE Reg. 453 (Final) 1003.4 Court Appointed Special Advocate.................................................12 DE Reg. 743 (Prop.) 3006 TANF Employment and Training Program.........................................12 DE Reg. 288 (Prop.) 12 DE Reg. 793 (Final) 5304.2 Nursing Facility Discharge Notice Hearings...................................12 DE Reg. 242 (Final) 5304.5 Jurisdiction for Hearings over Medicaid Program Services............12 DE Reg. 242 (Final) 9007.1 Citizenship and Alien Status ..........................................................12 DE Reg. 128 (Prop.) 12 DE Reg. 455 (Final) 9029 Household Cooperation.....................................................................12 DE Reg. 918 (Prop.) 9044.1 Newly-Certified Households...........................................................12 DE Reg. 22 (Prop.) 12 DE Reg. 344 (Final) 9046 Definition of Resources.....................................................................12 DE Reg. 744 (Prop.) 9049 Resources Excluded for Food Stamp Purposes................................12 DE Reg. 744 (Prop.) 9060 Income Deductions............................................................................12 DE Reg. 135 (Prop.) 12 DE Reg. 462 (Final) 9068.1 Certification Period Length.............................................................12 DE Reg. 135 (Prop.) 12 DE Reg. 462 (Final) 9085 Reporting Changes............................................................................12 DE Reg. 135 (Prop.) 12 DE Reg. 462 (Final) 9093 Electronic Benefit Transfer (EBT)......................................................12 DE Reg. 751 (Prop.) 6001 Substance Abuse Facility Licensing Standards.............................................12 DE Reg. 464 (Final) 301 Audited Financial Reports [Formerly Regulation 50]..............................................12 DE Reg. 140 (Prop.) 12 DE Reg. 480 (Final) 606 Proof of Automobile Insurance................................................................................12 DE Reg. 23 (Prop.) 12 DE Reg. 346 (Final) 803 Workers’ Compensation Data Collection................................................................12 DE Reg. 610 (Prop.) 12 DE Reg. 973 (Final) 804 Workers’ Compensation Provision of Services Contracts.......................................12 DE Reg. 920 (Prop.) 1301 Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims.....................................................................................................12 DE Reg. 611 (Prop.) 12 DE Reg. 974 (Final) 1311 Office of Anti-Discrimination Rules and Regulations......................................12 DE Reg. 158 (Prop.) 12 DE Reg. 797 (Final) 1341 Workers’ Compensation Regulations.............................................................12 DE Reg. 67 (Final) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 11.........................................................................................................12 DE Reg. 38 (Prop.) 12 DE Reg. 481 (Final) Section 912 DE Reg. 620 (Prop.) 1141 Limiting Emissions of Volatile Organic Compounds from Consurmer and Commercial Products, Sections 2.0 and 4.0.....................................................12 DE Reg. 921 (Prop.) 1147 CO2 Budget Trading Program.........................................................................12 DE Reg. 290 (Prop.) 12 DE Reg. 674 (Prop.) 1302 Regulations Governing Hazardous Waste......................................................12 DE Reg. 413 (Prop.) 12 DE Reg. 808 (Final) Administrative and Non-Substantive Changes in Regulations Governing the Control of Air Pollution (State Implementation Plans).......................................12 DE Reg. 29 (Prop.) 12 DE Reg. 347 (Final) Division of Fish and Wildlife 3203 Seasons and Area Closed to Taking Horseshoe Crabs..................................12 DE Reg. 423 (Prop.) 12 DE Reg. 975 (Final) 3214 Horseshoe Crab Annual Harvest Limit...........................................................12 DE Reg. 423 (Prop.) 12 DE Reg. 975 (Final) 3311 Freshwater Fisherman Registry......................................................................12 DE Reg. 167 (Prop.) 12 DE Reg. 493 (Final) 3504 Striped Bass Possession Size Limit; Exceptions............................................12 DE Reg. 922 (Prop.) 3567 Tidal Water Fisherman Registry.....................................................................12 DE Reg. 167 (Prop.) 12 DE Reg. 493 (Final) 3901 Wildlife, Sections 3.0, 5.0, 7.0, 8.0, 20.0 and 21.0 ........................................12 DE Reg. 169 (Prop.) 12 DE Reg. 496 (Final) 3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdrawn)..............................12 DE Reg. 69 (Final) 7403 Regulations Governing the Pollution Control Strategy for the Indian River, Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds........12 DE Reg. 677 (Final) 7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, DE........12 DE Reg. 425 (Prop.) 3400 Board of Examiners of Constables, Section 4.0 Employment........................12 DE Reg. 427 (Prop.) 12 DE Reg. 977 (Final) 3400 Board of Examiners of Constables, Sections 3.0 and 4.0..............................12 DE Reg. 629 (Prop.) 12 DE Reg. 977 (Final) 103 Family Child Care Homes............................................................................12 DE Reg. 810 (Final) 104 Large Family Child Care Homes......................................................................12 DE Reg. 810 (Final) 300 Board of Architects...........................................................................................12 DE Reg. 70 (Final) 400 Gaming Control Board, Regulations 401, 402, 403 and 404............................12 DE Reg. 357 (Final) 500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive)................12 DE Reg. 817 (Final) 1400 Board of Electrical Examiners, Sections 1.0 through 3.0, 5.0 through 7.0, and 15.0............................................................................................................12 DE Reg. 73 (Final) 2000 Board of Occupational Therapy Practice........................................................12 DE Reg. 631 (Prop.) 2500 Board of Pharmacy, Sections 11 and 18.........................................................12 DE Reg. 48 (Prop.) 2600 Examining Board of Physical Therapists and Athletic Trainers......................12 DE Reg. 53 (Prop.) 12 DE Reg. 503 (Final) 2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0, Provider Responsibilities...................................................................................12 DE Reg. 74 (Final) 2930 Council on Real Estate Appraisers, Sections 2.0, 4.0 and 11.0.....................12 DE Reg. 753 (Prop.) 3100 Board of Funeral Services..............................................................................12 DE Reg. 633 (Prop.) 3300 Board of Veterinary Medicine..........................................................................12 DE Reg. 761 (Prop.) 3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience...12 DE Reg. 636 (Prop.) 3900 Board of Clinical Social Work Examiners, Section 4.0 Professional Supervision.......................................................................................................12 DE Reg. 775 (Prop.) 5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.........................12 DE Reg. 75 (Final) 8800 Boxing and Combative Sports Entertainment.................................................12 DE Reg. 637 (Prop.) Uniform Controlled Substance Act Regulations......................................................12 DE Reg. 301(Prop.) 1501 Equal Accommodations Regulations..............................................................12 DE Reg. 179 (Prop.) (Renumbered to 601)12 DE Reg. 505 (Final) 1502 Fair Housing Regulations...............................................................................12 DE Reg. 179 (Prop.) 12 DE Reg. 814 (Final) 2401 Mortgage Loan Originator Licensing..............................................................12 DE Reg. 430 (Prop.) 12 DE Reg. 818 (Final) 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standards Act (Opened August 23, 2005)........................................................12 DE Reg. 291 (Prop.) Docket No. 49: The Creation of a Competitive Market for Real Electric Supply Service.............................................................................................................12 DE Reg. 518 (Final) Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program........................................................................................12 DE Reg. 655 (Prop.) 2101 Freedom of Information Act (FOIA)................................................................12 DE Reg. 245 (Final) 2213 Emergency Vehicle Operators, Age of EVO Permit Holders..........................12 DE Reg. 777 (Prop.) 2221 Use of Translators..........................................................................................12 DE Reg. 77 (Final) 2222 School Bus Driver Qualifications and Endorsements12 DE Reg. 196 (Prop.) 12 DE Reg. 519 (Final) Division of Transportation Solutions Revisions to the Delaware Manual on Uniform Traffic Control Devices, Parts 1, 7, 8, and 9 ...........................................................................................12 DE Reg. 79 (Final) Revisions to the Delaware Manual on Uniform Traffic Control Devices, Parts 2, 3 and 6.................................................................................................12 DE Reg. 56 (Prop.) 12 DE Reg. 358 (Final) 454 Procedures Governing Delaware Tourism Grant Program...............................12 DE Reg. 661 (Prop.) 12 DE Reg. 978 (Final) State Employees’ Pension Plan, State Police Pension Plan, State Judiciary Pension Plan, County Municipal Employees’ Pension Plan, and County and Municipal Police/Firefighter Pension Plan ........................................................12 DE Reg. 359 (Final) DEPARTMENT OF AGRICULTURE DIVISION OF ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION Statutory Authority: 3 Delaware Code, Section 7202 (3 Del.C. §7202) 3 DE Admin. Code 304 304 Exotic Animal Regulations 1.0Authority These regulations are promulgated pursuant to the authority of Section 7202 of Title 3 of the Delaware Code. 2.0Purpose These regulations govern the permitting process, possession, sale, rehabilitation 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. 3.0Definitions "Accurate Description of the Exotic" means the name, residence, age, gender, markings/color, tattoo, identification tag, microchip and/ or other distinguishing characteristics of the exotic together with the name and residence of the owner or custodian. "Adopter" means a person who becomes an owner or custodian of an exotic animal. "Animal Attack Protocol" means a written document that outlines an owner's or custodian's plan should the exotic animal bite, injure or attack a human or animal. "Carnivore" means a flesh-eating mammal, which possesses teeth and claws adapted for attacking and devouring prey. "Class of Exotic" means each of the following groups constitute a separate and distinct class: Carnivore, Herbivore, Hybrid of a wild animal, Omnivore, Primate and Reptile. "Custodian" means a person who possesses or cares for an exotic animal. A custodian has immediate charge and control of the exotic. "Department" means the Delaware Department of Agriculture. "Emergency Evacuation Plan" means a written document that outlines the actions the owner or custodian plans to implement in an emergency or ordered departure in order to provide for the exotic's welfare and the public's health and safety. "Exhibitor" means a person who displays exotic animals to the public. "Exotic" means a live wild mammal or hybrid of a wild mammal or a live reptile not native to or generally found in Delaware as determined by the Delaware Department of Natural Resources and Environmental Control (DNREC) and the Division of Fish and Wildlife. "Herbivore" means a mammal that feeds 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. "Nuisance" means an act or the threat of an action that unreasonably interferes with the health, safety or property rights of the community at large. "Omnivore" means an animal which eats any sort of food, both animal and vegetable in origin. "Owner" means a person who owns an exotic animal. An owner has or holds the exotic animal as property. "Permit Holder" means an owner or custodian of an exotic animal who holds an applicable exotic animal permit. "Person" means any individual, partnership, corporation, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof. "Pet" means an exotic animal that is kept for interest, companionship and amusement and is associated with a household. "Primate" means a mammal that belongs to the highest order of mammals including monkeys and lemurs. "Purchaser" means a person who becomes an owner of an exotic animal by exchange of cash, goods or animals. "Rehabilitator" means a person who restores an exotic animal to good condition by providing short term care. "Reptile" means any cold-blooded vertebrate of the class Reptilia including turtles, lizards, snakes, crocodilians and tuatara. "Seller" means a person who holds a Sales permit and is engaged in the sale or trade of exotic animals for cash, goods, or animals. "Secretary" means the Secretary of the Delaware Department of Agriculture or his or her designee. "State Veterinarian" means the State Veterinarian of the Delaware Department of Agriculture, or his or her designee. "USDA" means the United States Department of Agriculture. "Valid Identification" (Valid ID) means a photo identification such as Delaware driver's license, State of Delaware Identification card, or a Passport that includes the name and address of the purchaser/ adopter of the exotic animal. "Welfare" means that the owner or custodian provides for the health and well-being and safeguards the physiological requirements of the exotic animal. "Zoo" means a park or institution accredited by the Association of Zoos and Aquariums (AZA) (or its designated successor organization) where: exotics are primarily kept in cages or enclosures for people to come and see; exotics are exhibited outside of the park to the public for educational purposes; and exotics are bred and studied by scientists. 4.0The State Veterinarian Powers; Duties 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 own or have custody of exotics in this state. 4.2The State Veterinarian is vested with the power to designate agencies to seize and when warranted to humanely destroy an exotic if necessary to protect the public health, safety, or welfare and to protect the health of other animals. The State Veterinarian or his/her agent can humanely destroy an exotic without first notifying the exotic animal's owner or custodian. 4.3The State Veterinarian will maintain a list of exotic animals that are exempt from the permitting requirement. This list will be available to the public and is subject to change in keeping with current animal and human health and safety concerns. 4.4The State Veterinarian will maintain a list of exotic animals in the Herbivore and Reptile Classes that are prohibited from being bred by Sales Permit Holders. This list will be available to the public and is subject to change in keeping with current animal and human health and safety concerns. 4.5The State Veterinarian is charged with preventing the introduction and spread of contagious and infectious diseases into and within the domestic animal population of the state, therefore: 4.5.1The State Veterinarian can prohibit activities by any Permit class if there is a threat to domestic animals in the state. 4.5.2The State Veterinarian can prohibit Accredited Zoo Permit holders from breeding exotics if there is a threat to domestic animals in the state. 4.5.3The State Veterinarian expects any exotic animal health concern to be communicated immediately to the Department by all other governmental agencies as well as by the owners or custodians of exotics. 5.0Permit Requirement; Permit Prerequisites; Renewals; Waivers 5.1Unless specifically exempted by the Department from the permitting requirement (see Regulation 4.3), all persons who would own or have custody of an exotic animal must first obtain a permit issued by the Department. 5.2To obtain the required permit from the Department, the prospective owner or custodian of an exotic animal must: 5.2.1Provide the Department with satisfactory proof that the exotic animal will be confined within two enclosures, designated herein as primary and secondary. 5.2.1.1The 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. The primary enclosure must be consistent in size, structure, lighting, temperature control, and ventilation according to the welfare standards prescribed in the scientific literature or in the USDA regulations for the species being enclosed. The permit applicant is required to demonstrate knowledge of enclosure and welfare standards for the species under consideration with the application. 5.2.1.2The secondary enclosure must be sufficient to prevent the exotic animal from escaping from the property of the owner or custodian should it be set free or escape from its primary enclosure. The secondary enclosure must ensure there will be no physical contact between members of the public and the exotic. The secondary enclosure must prevent the exotic from escaping the premises if it is out of its primary enclosure. 5.2.1.3The holder of an Exhibitor or Accredited Zoo permit issued in accordance with Regulations 6.2 and 6.3 may request in writing that the State Veterinarian consider waiving the enclosure requirements set forth at 5.2.1.1 and/ or 5.2.1.2 because the exotic animal has unique enclosure requirements. 5.2.1.4Shared enclosures: 5.2.1.4.1The holders of Sales permits are permitted to breed exotic animals in the Herbivore and Reptile class in the State of Delaware in accordance with Regulations 4.4 and 10.4.2.; therefore exotics in these classes may share enclosures. 5.2.1.4.2The holders of Accredited Zoo permits are permitted to breed exotic animals in the State of Delaware in accordance with Regulations 4.5.2 and 10.4.3; therefore exotics permitted by the Accredited Zoo Permit may share enclosures. 5.2.1.4.3All other Permit class holders are not permitted to breed exotic animals; hence any shared enclosures are only for sterile animals or animals unable to reproduce. 5.2.2Provide the Department with a copy of an emergency evacuation plan upon request. 5.2.3Provide the Department with a copy of an animal attack protocol upon request. 5.3To obtain the renewal of an exotic animal permit, exotic animal owners or custodians must confirm the ongoing existence of all the requirements set forth at 5.2 and must, in addition, allow Department employees access to inspect the premises where exotics are located to confirm the health and humane treatment of the exotic. 5.4Any existing permits issued by the Delaware Department of Agriculture will become void sixty (60) days after the effective date of these proposed regulations and must be renewed in accordance with Regulations 5.3 and 8.0 at no additional cost to the owner or custodian. 6.0Permit Classes 6.1Individual Permit 6.1.1When 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 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 kept as a pet. A background check of an owner or custodian applying for an Individual Permit may be completed by the Department. 6.2Accredited Zoo Permit 6.2.1All zoos in Delaware must obtain an Accredited Zoo Permit every five (5) years or other time period that is in keeping with the AZA accreditation process. 6.3Exhibitor Permit 6.3.1All owners or custodians (with the exception of permitted Accredited Zoos located in Delaware) that wish to present exotic animals for public viewing must obtain an Exhibitor Permit from the Department annually. 6.3.2A background check of an owner or custodian applying for an Exhibitor Permit may be completed by the Department. 6.3.3Exotic Animal Exhibitors Duties: 6.3.3.1Notify the Department within the 60 day period prior to exhibiting exotic animals in Delaware; 6.3.3.2Provide the Department with an annual inventory which includes an Accurate Description of each exotic animal to be exhibited. 6.3.3.3Provide the Department with the dates of exhibition; 6.3.3.4Provide the Department with a list of exhibition activities; 6.3.3.5Provide the Department with a public health and safety plan, an animal attack protocol, and an animal health plan upon request. 6.3.3.6Show proof of exotic animal permits or licenses from their states of origin upon request; 6.3.3.7Provide valid health certificates upon request; 6.3.3.8Have a valid business license; and 6.3.3.9Provide proof of knowledge of exotics' health, safety and proper care upon request. 6.4Rehabilitator Permit 6.4.1The Rehabilitator Permit must be obtained from the Department by an owner or a custodian who provides short term care and rehabilitation of exotic animals. 6.4.2The applicant for the Rehabilitator Permit must provide documentation that he/she holds a Wildlife Rehabilitator Permit from DNREC. 6.4.3A background check of an owner or custodian applying for a Rehabilitator Permit may be completed by the Department. 6.4.4Rehabilitator Permit Holder's Duties: 6.4.4.1Notify the Department of acquiring an exotic animal to rehabilitate by the first of every month. 6.4.4.2By December 31st of each calendar year the Exotic Animal Rehabilitator must: 6.4.4.2.1Provide the Department with a yearly inventory of every exotic currently being rehabilitated. The inventory must include an Accurate Description of each exotic. 6.4.4.2.2Request in writing permission from the State Veterinarian or his/her designee for an extension of the exotic's rehabilitation time when the exotic is carried over from the prior year's inventory. 6.4.4.3Provide the Department with a public health and safety plan, an animal attack protocol, an emergency evacuation plan and an animal health, proper care and rehabilitation plan upon request. 6.4.4.4Be limited to a maximum of ten (10) exotic animals per Class of Exotic. 6.4.4.5Send a list of relocated exotics to the Department by the first of every month. 6.4.4.6The rehabilitator must require at the time of the exotic's relocation that the adopter has obtained the appropriate class of Exotic Animal Permit from the Department. 6.4.4.7The rehabilitator must verify at the time of the exotic's relocation that the adopter's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented. 6.4.4.8Provide the adopter with written information regarding the exotic's enclosure, proper care and welfare requirements. 6.4.4.9The rehabilitator must inform the adopter that there may be county, city, local laws, rules and regulations that may govern or proscribe the possession of exotics in their area. 6.4.4.10If the adopter resides outside the State of Delaware, the rehabilitator must maintain a record of the interstate transfer of ownership, including adopter's address; and must notify the appropriate state veterinarian's office or applicable state agency. 6.4.4.11Keep a record of the adopter's name, address and when available, telephone and e-mail, for three years. 6.4.5Adopters of Rehabilitated Exotics; Duties: When an adopter proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to becoming an owner/custodian must be met: 6.4.5.1The adopter must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of the exotic's relocation. 6.4.5.2The adopter must present to the rehabilitator at the time of the exotic's relocation a Valid ID with the same name and address that are on the Exotic Animal Permit. 6.5Sales Permit 6.5.1Owners or custodians that sell exotics in Delaware must have a valid Delaware business license and must obtain a Sales Permit from the Department. Sales Permits granted by the Department must be renewed annually and are not transferable. 6.5.1.1Accredited Zoo Permit holders are not required to hold a Sales Permit. 6.5.1.2Individual Permit holders, Exhibitor Permit holders, and Rehabilitator Permit holders engaged in the sale of exotics are required to hold a Sales Permit in accordance with sections 6.5, 7.5 and 8.2 of these regulations. All of the aforementioned Permit holders who apply for a Sales Permit must have a valid Delaware business license. 6.5.1.3A background check of an owner or custodian applying for a Sales Permit may be completed by the Department. 6.5.2Seller's Duties- When an owner or custodian proposes to sell an exotic that requires permitting by the Department the following conditions of sale must be met: 6.5.2.1The seller must require at the time of the sale that the purchaser has obtained the appropriate class of Exotic Animal Permit from the Department. 6.5.2.2The seller must verify at the time of the sale that the purchaser's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented. 6.5.2.3The seller must provide the purchaser with written information regarding the exotic's enclosure and welfare requirements. 6.5.2.4The seller must notify the purchaser that there may be county, city, and local laws, rules and regulations within the State of Delaware that may proscribe or govern the possession of exotics in their area. 6.5.2.5The seller must notify the Department of the purchaser's name and address, and when available, e-mail address or telephone number and an Accurate Description of the Exotic after the sale of an Exotic by the first of every month. 6.5.2.6If the purchaser resides outside the State of Delaware, the seller must maintain a record of the interstate sale, including purchaser's address, and must notify the appropriate state veterinarian's office or applicable state agency. 6.5.2.7A legible copy of the purchaser's sale record must be maintained by the seller for 3 years after the sale of the exotic animal. 6.5.2.8The seller must guarantee that all exotic animals put up for sale are in good health at the time of sale. 6.5.3Purchaser's Duties- When a purchaser proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to purchase must be met: 6.5.3.1The purchaser must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase. 6.5.3.2The purchaser must present to the seller at the time of the sale a Valid ID with the same name and address that are on the Exotic Animal Permit. 7.0Initial Permit Applications 7.1Individual Permit. Initial applications must be filed with the Department prior to acquiring the exotic and prior to relocating the exotic into the State of Delaware. The State Veterinarian, for good causes shown, and upon written request of the owner/custodian may grant an extension of time to apply for an initial permit. The pre-purchase or pre-adoption fees required to obtain an Individual Permit for an exotic are non refundable. 7.2Rehabilitator Permit. Initial applications must be filed with the Department prior to rehabilitating an exotic animal. A single Rehabilitator Permit covers every exotic animal housed or kept by the rehabilitator. 7.3Accredited Zoo Permit. Initial applications must be filed with the Department upon accreditation by the Association of Zoos and Aquariums, or its successor association. The Accredited Zoo Permit covers every exotic animal housed or kept at the Zoo. The Accredited Zoo Permit application must include a current copy of the Zoo's on-going accreditation document and identify an inventory of every exotic animal by Accurate Description kept at the Zoo at the time of application. 7.4Exhibitor Permit. Initial applications must be filed with the Delaware Department of Agriculture prior to exhibiting exotic animals in the State of Delaware. A single Exhibitor Permit covers every exotic animal housed or kept by the exhibitor. 7.5Sales Permit. Initial applications must be filed with the Department prior to the sale of any exotic animal by a business. Sales Permits must be obtained for each Class of exotic sold. If an exotic animal can be placed in more than one Class, the applicant need only apply for one class per exotic animal. The yearly Sales Permit request must include an inventory of each exotic animal per Class of Exotic animal identified on the Permit Application. The inventory must identify every exotic animal by Accurate Description of the Exotic stocked at the business at the time of application for the yearly Permit. 8.0Permit Renewal 8.1Individual Permits are valid for 3 years and must be renewed by March 31st of the fourth year. 8.2Sales Permits are required to be renewed on an annual basis and renewal must occur by December 31st of each year. An updated inventory must be submitted with each permit renewal application. 8.3Accredited Zoo permits are required to be renewed every fifth year by March 31st in keeping with the AZA accreditation schedule. An updated inventory must be submitted with each permit renewal application. 8.4Exhibitor Permits are required to be renewed stipulated in 8.4.1 and 8.4.2. An updated inventory must be submitted with each permit renewal application. 8.4.1Holders of Exhibitor permits who exhibit in Delaware more than 180 days per calendar year must renew by December 31st of each year or by the first of the month after exhibition activities in Delaware have exceeded 180 days. 8.4.2Holders of Exhibitor permits who exhibit in Delaware less than or equal to 180 days per calendar year must renew annually on an "as needed" basis. 8.5Rehabilitator Permits are valid for three years and renewal must occur by March 31st of the fourth year. The renewal application must include proof of an active Wildlife Rehabilitator Permit issued by DNREC and an updated inventory. 9.0Possessing or Owning an Exotic Animal Without a Permit When the Department has reason to believe that an owner or custodian of an exotic animal has not obtained the required permit, or has failed to timely renew a permit, the Department shall inform the owner or custodian by mailing a letter to the owner or custodian's last known address of the legal requirements to obtain a permit. The owner or custodian will then have ten (10) business days from the date the Department's letter was mailed to obtain the required permit. No permit will be issued if possession of an exotic animal is prohibited by other applicable statutes. The State Veterinarian may grant additional time to obtain a permit for good cause. 10.0Transporting; Relocation of Exotic Animals; Transfer of Ownership; Births and Deaths 10.1If an 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, that will protect the public from physical contact with the exotic and that meets the exotic's welfare requirements. If an owner or custodian is transporting an exotic because of zoonotic or animal disease concerns, the State Veterinarian is to be notified immediately. Violation of this regulation is grounds for evoking an otherwise valid permit. 10.2All permit holders are required to notify the Department in writing within thirty (30) business days if they change their name, permanent address or other contact information. 10.3All permit holders are required to immediately notify the Department of any change of ownership or custodianship of an exotic animal. 10.4Births and Deaths 10.4.1All permit holders must notify the Department of the birth or death of each Exotic by the first of every month. 10.4.2Sales permit holders are limited to breeding the following classes: Reptile and Herbivore and must stay current with State Veterinarian's list of exotic animals that are prohibited from being bred by Sales Permit holders as referenced in 4.4 of these regulations. 10.4.3Accredited Zoo Permit holders may breed exotics in keeping with 4.5.2 of these regulations. 10.4.4Exotics on the State Veterinarian's current list of exotic animals exempt from these regulations (see regulation 4.3) may be bred. 11.0Nuisances Prohibited The exotic must not become a nuisance. Any exotic animal that is an immediate threat and/or poses a risk of danger to the public may be subject to seizure and destruction in accordance with regulation 4.2 and without the administrative hearing contemplated by regulation 13.2. 12.0Escape The owner or custodian of an exotic who learns of its escape from its enclosures must immediately notify the Department and the appropriate animal control agency of the escape. The owner or custodian of an escaped exotic has a duty to offer assistance to recapture the exotic and must reimburse the Department for any expenses it incurs associated with recapturing the exotic including damage to persons, animals or property. 13.0Permit Denials and Revocations; Administrative Hearings; Appeals 13.1The State Veterinarian or his/her designee may deny or revoke an initial application, renewal application, or a permit for good cause. Reasons for denials may include, but are not limited to the following: a zoo losing its accreditation; an exotic animal biting, maiming, or injuring a human; an exotic animal escaping from its enclosures; failure to require and verify that a purchaser/adopter has obtained the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase/relocation of the Exotic; failure to notify the Department of the transfer or sale of any exotic animal; exotic animals being bred or reproducing by Permit class holders not permitted to breed exotics; failure to notify the Department of the birth or death of an exotic; failure to keep copies of sales records for three years; failure to perform the duties stated in these regulations; any zoonotic or animal disease concerns; prior animal cruelty violations; and the applicant/permit holder fails to maintain welfare standards. 13.2Administrative Hearing: The owner or custodian of an exotic animal may appeal from the State Veterinarian's determinations pursuant to regulation 13.1 by requesting an Administrative Hearing before the Secretary or his or her designee. 13.2.1Whenever the State Veterinarian proposes to revoke a permit or deny an application for any reason other than that the exotic poses an immediate and unreasonable risk of harm to the public, the Department shall first give written notice to the permit holder or applicant of the State Veterinarian's determination. The written notice shall inform the permit holder or applicant 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 an administrative hearing must be made in writing and must be received by the Department within ten (10) business days of the date of the written notice to such permit holder or applicant; otherwise, the State Veterinarian's determination becomes final. The hearing shall be informal, and the technical rules of evidence shall not apply. The administrative hearing shall be scheduled by the Department as soon as practical, but in no event more than thirty (30) business days after receiving the written request for an administrative hearing. 13.2.2Whenever the State Veterinarian determines that an exotic animal poses an immediate and unreasonable risk of harm to public health and safety or domestic animal health, the exotic animal is subject to immediate seizure and possible destruction. In such circumstances no administrative hearing is available to the applicant/permit holder to challenge the State Veterinarian's determination. 13.2.3Administrative hearings shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within sixty (60) days of the date of the administrative hearing. 13.3Appeals shall be on the record to the Superior Court of the State of Delaware. DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16 (14 Del.C. §122(b) & 14 Del. C. Ch. 16)) 14 DE Admin. Code 746 746 Criminal Background Check for Student Teaching 2.0Criminal Background Check Requirements and Procedures for Student Teaching Position Candidates 2.1Effective July 1, 2009 January 1, 2010, any candidate for a Student Teaching Position in a public school district or charter school shall be required to have a criminal background check as prescribed through this regulation. 2.2The higher education institution where candidates for Student Teaching Positions are enrolled shall require all candidates to complete a Release for Criminal Background Check Information form approved by the Department of Education as a part of the assignment process for a Student Teaching Position in a Delaware public school district or charter school. 2.3The candidate for a Student Teaching Position in a Delaware public school district or charter school shall be subject to the following procedures: 2.3.1After notification by the higher education institution that he/she is a candidate for a Student Teaching Position, the candidate shall present him/herself to State Bureau of Identification personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the higher education institution. 2.3.2The candidate shall cooperate in all respects with this criminal background check process, or his/ her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification, which may be shown to the candidate’s placing higher education institution as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records. 2.3.3The candidate shall request the State Bureau of Identification send original versions of the criminal background check to both the candidate and higher education institution. 2.4All costs associated with obtaining a criminal background check shall be paid for by the person seeking a student teaching position placement. PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) 14 Del.C. §1205(b)) 14 DE Admin. Code 1506 1506 Emergency Certificate 1.0Content This regulation shall apply to the issuance of an Emergency Certificate, pursuant to 14 Del.C. §1221. 7 DE Reg. 161 (8/1/03) 2.0Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.2The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certified” means holding a certificate in a specific content area at designated grade levels. “Department” means the Delaware Department of Education. “Educator” means a person licensed and certified by the State under 14 Del.C., Chapter 12, 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. For purposes of 14 Del.C., Chapter 12, the term ‘educator’ does not include substitute teachers. “Emergency Certificate” means a certificate temporary credential issued to an educator individualwho has obtained employment or an offer of employment with an employing district and holds a valid Delaware Initial, Continuing, or Advanced License, but lacks necessary skills and knowledge to immediately meet certification requirements in a specific content area. The temporary credential provides the individual with a limited time to meet the requirements for certification in the specific content area. “Employing District” means a school district, charter school, or other employing authority that proposes to employ an educator individual under an Emergency Certificate and has reviewed the individual's credentials and established that the individual is competent and that the employing district is committed to support and assist the individual in achieving the skills and knowledge necessary to meet the certification requirements. “Exigent Circumstances” means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, expiration of a license during the school year, serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service. “Satisfactory Evaluation” means an overall rating of "basic" or higher on an annual DPAS summative evaluation or “effective” on an annual DPAS II summative evaluation. “Standard Certificate” means a credential issued to verify 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. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 555 (10/1/05) 3.0Issuance of Emergency Certificate Upon request from the employing district, the Department may issue an Emergency Certificate, valid for up to three years, to an educator individual who holds a valid Delaware Initial, Continuing, or Advanced License, or a valid Standard or Professional Status Certificate, but who is not eligible for certification in the area of need. An Emergency Certificate is only valid for the individual during their tenure with the employing district requesting the Certificate. Provided, however, upon application by a new employing district, the Department may approve the transfer as specified in this section The new employing district that hires an individual with an valid pre-existing Emergency Certificate may request the continued approval of the Emergency Certificate through the remainder of the original three year term. The new employing district shall assume the commitments and responsibilities of the employing district within this regulation, review and amend as necessary the individual's Emergency Certificate written plan, and submit the revised written plan and transfer request for Department approval. An Emergency Certificate may not be renewed or extended for a leave of absence or an exigent circumstance other than specified in Section 3.3.1. Notwithstanding the foregoing, an Emergency Certificate issued to an educator individual in a vocational trade and industry Skilled and Technical Sciences specific career area is valid for up to six (6) years to provide time for completion of specified college level course work or professional development required for certification. 3.1In its request for the issuance of an Emergency Certificate, the employing district must shall: 3.1.1Submit to the Department in writing the need for this individual to receive an Emergency Certificate. 3.1.1 3.1.2Establish that the proposed recipient of an Emergency Certificate is competent by submitting evidence of the educator's individual’s license and other considerations, which may include, but is not limited to, evidence of course work or work experience in the area for which the Emergency Certificate is requested, which the employing district applied in determining the proposed recipient's competence. 3.1.3Apply for the Emergency Certificate within sixty (60) days of the individual's hire or new job assignment. 3.1.2 3.1.4Set forth a written plan with the application of the Emergency Certificate, verified by the individual and the employing district designed to support and assist the proposed recipientindividual in achieving the skills and knowledge necessary to meet the applicable certification requirements. The written plan shall contain at a minimum the following: 3.1.4.1A listing of all the outstanding certification requirements necessary to obtain the standard certificate in the area for which the Emergency Certificate is requested including but not limited to the specific examination of content knowledge such as Praxis II and any required course work, professional development, education or experience; and 3.1.4.2The specific course work or professional development including the educational institution or provider the individual intends to use to fulfill the requirements; and 3.1.4.3The anticipated timeframe for the completion of the requirements; and 3.1.4.4A specific listing of how the employing district shall assist the individual in completing the requirements. 3.2Failure by the employing district to fulfill the conditions set forth in 3.1 above will shall result in denial of the Emergency Certificate. 3.3The Emergency Certificate shall be in effect for may be valid for up to three (3) years from the month in which the applicant individual is employed until the last day of the month of issuance three (3) years later, except in the case of an Emergency Certificate issued to a vocational trades and industry Skilled and Technical Sciences teacher, which shall expire on the last day of the month of issuance six (6) years later. 3.3.1A certificate holder whose Emergency Certificate expires during the school year may have the Emergency Certificate extended until the last day of the current fiscal year. This extension shall be considered an exigent circumstance and shall not exceed one (1) year in length. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 544 (10/1/05) 4.0Employing District Report At the end of each school year during which an Emergency Certificate is in effect, the employing district shall file a written status report detailing the individual’s progress completing the written planwith the Department, which shall: 4.1Establish that the recipient of the Emergency Certificate has demonstrated competence through receiving a satisfactory evaluation on the annual Delaware Performance Appraisal System. 4.2Document the progress made by the recipient of the Emergency Certificate toward fulfilling the writtenplan established by the employing district to meet the applicable certification requirements and any amendments to the written plan including but not limited to change in courses, providers, or timeframes. 4.3Failure by the employing district to fulfill the conditions set forth in 4.1 and 4.2 above will shall result in suspension of the Emergency Certificate. A suspension may be lifted upon fulfillment by the employing district of the conditions set forth in 4.1 and 4.2 above. 7 DE Reg. 161 (8/1/03) 5.0Expiration of Emergency Certificate Prior to the expiration of an Emergency Certificate, the recipient must individual shall meet the requirements for issuance of a Standard Certificate (See 14 Del.C. §1505). 7 DE Reg. 161 (8/1/03) 6.0Secretary of Education Review 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 an Emergency Certificate on an individual basis and grant an Emergency Certificate to an applicant individual who otherwise does not meet the requirements for an Emergency Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. 7 DE Reg. 161 (8/1/03) 7.0Revocation of Emergency Certificate An Emergency Certificate 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 1505. An educator is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board's Hearings Procedures and Rules. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 555 (10/1/05) Renumbered effective 6/1/07 - see Conversion Table PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) 14 Del.C. §1205(b)) 14 DE Admin. Code 1513 1513 Denial of Licenses 1.0Content This regulation shall apply to the denial of an Initial License, Continuing License or Advanced License for educators pursuant to 14 Del.C. §1210, 1211, 1212, 1213, 1214, and 1217; and to the denial of a Standard or Emergency Certificate pursuant to 14 Del.C. §§1220 and 1221. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 138 (7/1/05) 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Advanced License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1213 and §1214. "Continuing License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1211 and §1212. "Department" means the Delaware Department of Education. "Educator" means a public school employee who holds a license issued under the provisions of 14 Del.C. Ch. 12, and includes teachers and administrators, and as otherwise defined by the Standards Board and the State Board, pursuant to 14 Del.C. §1203, but does not include substitute teachers. "Good Moral Character" means conduct which is consistent with the rules and principles of morality expected of an educator. "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 or otherwise. "Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1210. "Secretary" means the Secretary of the Delaware Department of Education. “Standard Certificate” means a credential issued to verify 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. §1205. "State" means the State of Delaware. "Unfit" means lack of good moral character, misconduct in office, incompetence, a pattern of ineffective teaching, wilful neglect of duty, disloyalty or falsification of credentials, or any conduct that would be grounds for revocation of an educator's license. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 138 (7/1/05) 3.0Failure to Meet Licensure Requirements The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate to an applicant upon a finding that the applicant fails to meet the statutory or regulatory requirements for a license or certificate. The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny an applicant's request for a license for failure to meet the statutory or regulatory qualifications for a license. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 138 (7/1/05) 4.0Finding that Applicant is Unfit Denial of Unfit Applicants Upon a finding that an applicant is unfit to be licensed or certified in the State, the Department may refuse to issue an Initial License, Continuing License or an Advanced License or a Standard or Emergency Certificate to an applicant who otherwise meets the requirements set forth in 14 DE Admin. Code 1510, 1511, 1512, 1515 and 1516. 4.1The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the requirements for a license because the applicant is unfit. 4.2The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the requirements for a license because the applicant has engaged in any misconduct or conduct that would be a basis for revocation under 14 DE Admin. Code 1514 Revocation, Limitation or Suspension of Licenses. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 138 (7/1/05) 65.0Right to Hearing, Burden of Proof, and Procedures 5.1The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The Department shall not take action to deny a license under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board. 5.2The notice of denial shall be sent by certified mail, return receipt requested to the applicant’s last known mailing address and shall give notice that a full and fair hearing may be requested before the Standards Board within ten (10) days. 5.2.1The applicant shall report any address changes to the Department and the Standards Board. 6.1 5.3An applicant who is denied an Initial, Continuing, or Advanced License or a Standard or Emergency Certificate may appeal the decision, and is entitled to a full and fair hearing before the Standards Board. 5.3.1The applicant's request for a hearing before the Standards Board shall be received by the Standards Board's Executive Director within twenty (20) calendar days of the date the denial notice was mailed. 5.4In any hearing before the Standards Board to challenge action taken under this regulation, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas and compel attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. 5.5Unless otherwise provided for in this Section, the burden of proof in a license denial action shall be on applicant to show by a preponderance of the evidence that he or she should not be denied a license because he or she meets the qualification for licensure pursuant to the applicable laws and regulations. 5.5.1Provided however, if the denial of the license is on the basis that the applicant is unfit or otherwise committed conduct or misconduct that would be the basis for revocation of a license, the Department shall specify the particular conduct and circumstances giving rise to the denial. 5.5.1.1Prior to a hearing for a license denial under Section 4.0, the Department shall provide full disclosure of the basis of the denial. 5.5.2Whenever the basis for an action described within this regulation is a guilty plea, a plea of nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the Clerk of the Court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof. 6.1 5.6Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules. 7 DE Reg. 161 (8/1/03) 9 DE Reg. 138 (7/1/05) 56.0Revocation in Another State Notwithstanding any other provisions stated herein or in 14 DE Admin. Code 1510, 1511, and 1512, no license or certificate shall be issued to an applicant for an Initial, Continuing or Advanced License or Standard or Emergency Certificate if: 56.1There is legal evidence that the applicant is not of good moral character; or 56.2The applicant has had a certificate or license revoked in another state for immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials. 9 DE Reg. 138 (7/1/05) PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) 14 Del.C. §1205(b)) 14 DE Admin. Code 1514 1514 Revocation of Licenses and Certificates 1.0Content This regulation shall apply to the revocation of an Initial License, Continuing License or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 for educators, pursuant to 14 Del.C. §1218. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 627 (11/1/03) 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Advanced License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1213 and 1214. "Continuing License" means a license issued as part of the three tiered license system set forth in 14 Del.C. §1211 and 1212. "Department" means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under 14 Del.C., Chapter 12, 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. For purposes of 14 Del.C., Chapter 12, the term ‘educator’ does not include substitute teachers. "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 or otherwise. "Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1210. "License Holder" or "Licensee" means any individual who holds an Initial License, Continuing License or Advanced License, and until a Continuing License is issued, a limited standard, standard, or Professional Status certificate. "Secretary" means the Secretary of the Delaware Department of Education. "Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1205. "State" means the State of Delaware. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 627 (11/1/03) 9 DE Reg. 542 (10/1/05) 3.0Revocation of License or Certificate An Initial, Continuing or Advanced License; or a Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003 may be revoked upon the dismissal of the license holder for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty, or upon the license holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying misconduct, and must be revoked upon a finding that the license or certificate holder made a materially false or misleading statement in his or her license or certificate application. 3.1Revocation Requested by a School District or Charter School 3.1.1When any license or certificate holder is dismissed by a school board, or board of directors, or other employing authority for immorality, the board making such a determination pursuant to Title 14 of the Delaware Code shall, upon final decision, give written notice to the Secretary. 3.1.2When any license or certificate holder is dismissed by a school board or board of directors or other employing authority for misconduct in office, incompetence, willful neglect of duty or disloyalty, the board making such a determination pursuant to Title 14 of the Delaware Code may, upon final decision, give written notice to the Secretary of its desire to request the revocation of that individual's license. 3.1.3When a license or certificate holder employed by a school board or board of directors or other employing authority resigns employment or retires pending dismissal for immorality, the board shall, upon accepting the resignation or retirement, give written notice to the Secretary. 3.1.4Upon receipt of written notification from the school board or board of directors or other employing authority, the Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Standards Board within thirty (30) days. Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures and Rules. 3.1.5If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license. 3.2Revocation by the Secretary of Education 3.2.1The Secretary may initiate proceedings to revoke a license or certificate holder's license or certificate when she/he has good reason to believe that clear and convincing evidence establishes that any of the following circumstances exist: 3.2.1.1The license or certificate holder has been convicted of a crime which is evidence of immorality; 3.2.1.2The license or certificate holder who is not employed by a public school district or charter school or other employing authority has resigned his/her employment or retired pending dismissal for immorality; or 3.2.1.3The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty or falsification of credentials. 3.2.2The Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefor. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Standards Board within thirty (30) days. Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures and Rules. 3.2.3If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license or certificate. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 627 (11/1/03) 9 DE Reg. 553 (10/1/05) 4.0Duty of License or Certificate Holder to Report 4.1Notwithstanding any other provisions stated herein, a license or certificate holder shall send written notification to the Secretary within thirty (30) days of the happening of any of the following events: 4.1.1The license or certificate holder is dismissed by a school board, board of directors, or other employing authority for immorality; 4.1.2The license or certificate holder resigns employment or retires pending dismissal for immorality; 4.1.3The license or certificate holder is convicted of a crime which is evidence of immorality; or 4.1.4The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetency, willful neglect of duty, disloyalty or falsification of credentials. 4.2The failure of the license or certificate holder to report any of the above events to the Secretary of Education shall be grounds for revoking a license or certificate provided that clear and convincing evidence establishes the underlying misconduct. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 627 (11/1/03) 9 DE Reg. 542 (10/1/05) 5.0Right to Hearing When a license or certificate is revoked, all certificates held by the license or certificate holder shall be revoked. Educators are 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. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 627 (11/1/03) 9 DE Reg. 542 (10/1/05) 1.0Content This regulation shall apply to the revocation, limitation, or suspension of an Initial License, Continuing License or Advanced License issued pursuant to 14 Del.C. Ch. 12; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 for educators, pursuant to 14 Del.C. §1218. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Advanced License" means a license issued as part of the three-tiered licensure system set forth in 14 Del.C. §1213 and §1214. "Continuing License" means a license issued as part of the three-tiered license system set forth in 14 Del.C. §1211 and §1212. "Department" means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under 14 Del.C., Chapter 12, 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. For purposes of 14 Del.C. Chapter 12, the term 'educator' does not include substitute teachers. "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 or otherwise. "Initial License" means a license issued as part of the three-tiered licensure system set forth in 14 Del.C. §1210. "License Holder" or "Licensee" means any individual who holds an Initial License, Continuing License or Advanced License, and until a Continuing License is issued, a Limited Standard, Standard, or Professional Status Certificate. "Nolo Contendere" means a plea by the defendant in a criminal prosecution that without admitting guilt subjects him to conviction but does not preclude him from denying the truth of the charges in a collateral proceeding. "Nollo Prosequi" means an entry on the record of a legal action denoting that the prosecutor or plaintiff will proceed no further in his action or suit either as a whole or as to some count or as to one or more of several defendants. "Secretary" means the Secretary of the Delaware Department of Education. "Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1205. "State" means the State of Delaware. 3.0Revocation of License 3.1Discretionary Revocations The Secretary may revoke an Initial, Continuing or Advanced License that has been issued, for the following causes if the license holder: 3.1.1Obtained or attempted to obtain or renew a license or certificate by fraudulent means or through misrepresentation of material facts; or 3.1.2Falsified official school records, documents, statistics or reports; or 3.1.3Knowingly violated any of the provisions of the Student Testing Program set forth in 14 Del.C. §172; or 3.1.4Plead guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor, except for Unlawful Sexual Conduct in the Third Degree; or 3.1.5Plead guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit controlled substance classified as such in 16 Del.C. Chapter 47,Schedule I, II, III, IV, or V; or 3.1.6Was terminated or dismissed for immorality, incompetence, misconduct in office, willful neglect of duty, disloyalty or misconduct involving any cause for suspension or revocation of a license; or 3.1.7Resigned or retired pending dismissal for immorality, provided that clear and convincing evidence established the underlying misconduct occurred; or 3.1.8Had a license or certificate revoked or voluntarily surrendered in another jurisdiction for cause which would be grounds for revocation; or 3.1.9Failed to comply with any of the mandatory notice provisions of this regulation. 3.1.10Failed to comply with any of the statutory or regulatory requirements for maintaining a license. 3.2Mandatory Revocations The Secretary shall revoke a license if the license holder: 3.2.1Pleads guilty or nolo contendere with respect to, or is convicted of: 3.2.1.1Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified as such in of 16 Del.C. Chapter 47, Schedule I, II, III, IV or V; or 3.2.1.2Any crime constituting a violent felony as defined in 11 Del.C. §4201(c); or 3.2.1.3Any crime against a child constituting a felony, or Unlawful Sexual Contact in the Third Degree; or 3.2.1.4Any crime constituting a felony sexual offense; or 3.2.1.5Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or 3.2.2Is terminated or dismissed for a sexual offense against a child; or 3.2.3Resigns or retires after official notice of allegations of a sexual offense against a child, provided that clear and convincing evidence establishes the underlying misconduct occurred. 4.0Limitation of Licenses The Secretary may limit an Initial, Continuing or Advanced License that has been issued, for any of the grounds for revocation. 5.0Suspension of Licenses 5.1The Secretary may suspend an Initial, Continuing or Advanced License that has been issued, for any of the grounds for revocation. 5.2A license may be suspended for a period of time not to exceed five (5) years. 5.2.2The license may be reinstated by the Secretary, upon written request, with verification that all requirements for license renewal have been satisfied. 5.2.3If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended but shall meet the license requirements that are in effect at the time of the application for the license. 6.0Automatic Suspension After Arrest or Indictment The Secretary may automatically suspend any license without a prior hearing if the license holder is arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c). A suspension under this subsection is effective on the date of the arrest or Grand Jury indictment. 6.1Temporary Order 6.1.1For a suspension under this sub section, the Secretary shall issue a written temporary order of suspension to the license holder at his or her last known address. 6.1.1.1The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license holder employed by the district or charter school who it knows to have been arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c). 6.1.1.2An order of suspension under this Section shall remain in effect until the final order of the Secretary or the Standards Board becomes effective. 6.2Expedited Hearing 6.2.1A license holder whose license has been suspended pursuant to this Section may request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the license holder's license was mailed. The request shall be sent to the Standards Board's Executive Director. 6.2.2In the event that the license holder requests an expedited hearing, the Standards Board shall convene a hearing within 90 calendar days of the receipt of such a request. 6.2.3The order of suspension is temporary pending resolution of the criminal charges. Therefore, an expedited hearing under this subsection shall be limited to whether the license holder had been arrested or indicted for a violent felony. 6.3Revocation after Conviction 6.3.1If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined in 11 Del.C. §4201(c), the Secretary shall proceed with revocation. 6.4Resolution of Charges without Conviction 6.4.1If the license holder is found not guilty of the underlying criminal charges, a nollo prosequi is entered on the record by the State, or the charges are otherwise dismissed by the Court, the license holder may file a written request for license reinstatement, including documentation of the final status of the judicial proceeding, and their license shall be reinstated if still valid. 6.4.2If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended, but shall meet the license requirements that are in effect at the time of the application for license. 6.4.3The Secretary may however, continue to pursue revocation under any alternative ground including but not limited to termination of employment for immorality, incompetence, misconduct in office, willful neglect of duty, disloyalty, or misconduct; or resignation or retirement pending dismissal for immorality under the standards provided herein. 7.0Substantially Comparable Conduct The Secretary may take any action under this regulation on the basis of substantially comparable conduct occurring in a jurisdiction outside this State or occurring before a person applies for or receives any license. 8.0Mandatory Notification Requirements 8.1License Holder 8.1.1Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which would constitute grounds for revocation, limitation or suspension of license under this regulation or has been arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c), shall notify the Secretary of such action in writing within twenty (20) calendar days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall be grounds on which the Secretary may revoke, limit or suspend the holder's license. 8.1.2Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, limited or suspended in any jurisdiction or by any agency shall notify the Secretary of such action in writing within thirty (30) calendar days of such action. Failure to do so shall be grounds on which the Secretary may revoke, limit or suspend the holder's license. 8.2Chief School Officer, Head of School, Local Board or Charter School Board of Directors Responsibilities 8.2.1The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license holder who is dismissed, resigns, retires or is otherwise separated from employment with that district or charter school after having received notice of misconduct that constitutes grounds for revocation or suspension this regulation. 8.2.1.1Such report shall be made within fifteen (15) calendar days of the dismissal, resignation, retirement or other separation from employment and is required notwithstanding any termination agreement to the contrary that the local board of education or charter school board of directors may enter into with the license holder. 8.2.1.2The reasons for the license holder's dismissal, resignation, retirement or other separation from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or is in the possession of the district or charter school relating to the dismissal, resignation, retirement or other separation from employment. 8.2.1.3The Department shall give written notice to any license holder of any notification received under this subsection to the license holder's last known address. Such notification shall be made with fifteen (15) calendar days of receipt of the district or charter school's report to the Department of misconduct under this Section. 8.2.1.4The obligation to report also applies when a chief school officer or head of school acquires relevant information after a license holder's dismissal, resignation, retirement or other separation from employment. 8.2.2The chief school officer or head of school, on behalf of the local board of education or charter school board of directors, shall report to the Secretary the name and last known address of any license holder employed by the district or charter school who it knows to have been arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c). 8.2.3All information obtained from the chief school officer or head of school shall be confidential and shall not be considered public records under Delaware's Freedom of Information Act. 8.2.4Failure to make the mandatory reports shall be grounds on which the Secretary may limit, suspend or revoke the chief school officer's or head of school's license. 8.3Notice of Action The Secretary shall not take action against a person under Sections 3, 4 or 5 without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board. 8.3.1Notice shall be sent to the person's last known address. 8.3.2The license holder shall have thirty (30) calendar days from the date the notice of the charges was mailed to make a written request for a hearing. 8.3.3If no written request for a hearing is received by the Standards Board within thirty (30) calendar days of receipt of notification, the license holder's license shall be deemed to be revoked, limited or suspended and the holder shall be so notified. 8.3.4Notice of the revocation, limitation, suspension or reinstatement of a license shall be made by the Secretary, or his or her designee, to all chief state school officers of the other states and territories of the United States. 8.4All communications between a license holder and the Department or Standards Board provided for in this Section shall be by certified mail, with a return receipt requested. 9.0Investigations 9.1The Secretary may investigate any information received about a person that reasonably appears to be the basis for action under this regulation. 9.1.1The Secretary shall not investigate anonymous complaints. 9.1.2The Department shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder to the license holder's last known address. 9.1.3All information obtained during an investigation is confidential and shall not be considered public records under Delaware's Freedom of Information Act. 9.1.4The Secretary shall review the results of each investigation conducted pursuant to this regulation and shall determine whether the results warrant initiating action under this regulation. 10.0License Reinstatement 10.1Subject to the limitation contained herein, an individual whose license has been revoked under Section 3.1 Discretionary Revocation of this regulation may petition the Secretary for reinstatement of the license no sooner than five (5) years from the date of revocation. The individual shall submit to the Secretary a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in subsection 10.1.1. 10.1.1The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant such a petition if it is in the best interest of the public schools of the State of Delaware: 10.1.1.1The nature and circumstances of the individual's original misconduct; 10.1.1.2The individual's subsequent conduct and rehabilitation; 10.1.1.3The individual's present character; and 10.1.1.4The individual's present qualifications and competence to engage in the practice of instruction, administration or other related professional support services. 10.1.2A former license holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement pursuant to this subsection. 10.2A license revoked under Section 3.2 Mandatory Revocations or suspended under Section 6.0 of this regulation may not be reinstated under this subsection. 10.2.1A license suspended under Section 6.0 may only be reinstated pursuant to that section. 10.2.2A license revoked under Section 3.2 Mandatory Revocation may only be reinstated under Section 10.3. 10.3If a decision of license revocation, limitation or suspension is solely based on the conviction of a crime enumerated within this regulation, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction, the individual whose license is revoked, limited or suspended may file a written request for reinstatement, including documentation of the final status of the judicial proceeding, and the license shall be reinstated. 10.3.1The Secretary may continue to pursue revocation under an alternative basis. 11.0License Limitations 11.1If any of the causes listed in Sections 3, 4, 5, or 6 are determined, the Secretary or the Standards Board after a hearing, may put limitations on a license that may include but are not limited to: 11.1.1Restrictions on the ages of students with whom the license holder may work; or 11.1.2Additional supervision requirements; or 11.1.3Education, counseling or psychiatric examination requirements. 12.0Standards Board Hearings and Procedures 12.1In any hearing before the Standards Board to challenge action taken under this regulation, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas and compel attendance of witnesses and the production of books, accounts, papers, records, documents and testimony. 12.2Unless otherwise provided for in this Section, the burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has engaged in misconduct as defined by Sections 3, 4 and 5 or otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. 12.3Whenever the basis for an action described within this regulation is a guilty plea, a plea of nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the Clerk of the Court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof. 12.4After a hearing, the Standards Board may take any action and impose any limitation or suspension that could have been taken by the Secretary. 12.5Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures and Rules. 13.0Resolution by Consent Agreement The Secretary may enter into a written consent agreement with a person against whom action is being taken under this regulation. 14.0Certification All Standard Certificates issued to the license holder shall also be revoked upon the revocation of the license. DEPARTMENT OF HEALTH AND SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 15120.2 Financial Eligibility 9 DE Reg. 564 (10/01/05) 10 DE Reg. 143 (07/01/06) 9 DE Reg. 564 (10/01/05) 10 DE Reg. 143 (07/01/06) Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 16500 Family Planning DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 9008 Residency 9008Residency DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 9064.4 Anticipating Expenses DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 1713(a)(12) (24 Del.C. §1713(a)(12)) 24 DE Admin. Code 1700 30.0Patient Records; Fee Schedule for Copies 30.1A patient requesting of a copy of his or her own medical records to be transferred to another physician or to be obtained on their own behalf may be charged a reasonable fee not to exceed the fees set forth in the schedule below, excluding the actual cost of postage or shipping if the records are mailed: Up to 10 pages - $25.00 ($2.50 per page) 11-50 pages - $51.00 ($25.00 for the first 10 pages, plus $26.00 for pages 11-50 at $0.65 per page) Above 50 pages - $51.00 maximum charge 30.2The fees set forth in section 30.1 above shall apply whether the records are produced in paper or electronic format. 30.3The full cost of reproduction may be charged for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs or fetal monitoring strips. 30.4Payment of all costs may be required in advance of release of the records except for records requested to make or complete an application for a disability benefits program. DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 28 Delaware Code, Chapter 1 (28 Del.C. Ch. 1) 28 DE Admin. Code 8800 8800 Boxing, Sparring Matches and Exhibitions 1.0Professional Boxing 1.1All boxers, managers, seconds, officials and promoters shall follow the rules and regulations for the jurisdiction of the approved designated agent. 1.2All boxers, managers, seconds, officials and promoters shall make application for licensure and permits to the approved designated agent. 1.3Based on the requirements set forth in Title 28 §105 (a) (7), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event. 1.0Amateur Boxing 1.1All amateur bouts must have the sanction of an amateur boxing association recognized by the Director before a permit will be granted by the Division. 1.1The application for permit must be submitted to the Division at least fifteen full working days prior to the scheduled event. 1.3All amateur boxing events will be conducted in accordance with USA Boxing Rules or other approved sanctioning body's rules. 1.4All boxers, coaches, assistant coaches, officials, physicians, administrators and clerks/inspectors shall be registered members of the approved sanctioning organization. 1.5A physician licensed to practice in Delaware must examine a contestant before they enter the ring and the physician must also be at the ringside during the progress of the contest. 1.6All protective gear shall comply with USA Boxing Rules or other approved sanctioning body's rules. 1.7A representative from the Division may be in attendance at amateur events to observe the sanctioning body's compliance to the USA Boxing Rules or other approved sanctioning body's rules. 1.8The representative from the Division shall have the authority to halt any part of the event at any time in the interest of public safety. 1.9Nothing in these rules shall be applicable to any bouts or events conducted as an extracurricular activity by any educational institution or public safety training program in the State. 1.10Based on the requirements set forth in Title 18 §105 (b) (5), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event. 1.0Weight Classes 1.1Men's Division 1.1.1Flyweight up to 125 lbs. 1.1.2Bantamweight over 125 - 135 lbs. 1.1.3Featherweight over 135 - 145 lbs. 1.1.4Lightweight over 145 - 155 lbs. 1.1.5Welterweight over 155 - 170 lbs. 1.1.6Middleweight over 170 -185 lbs. 1.1.7Light Heavyweight over 185 - 205 lbs. 1.1.8Heavyweight over 205 -265 lbs. and 1.1.9Super Heavyweight over 265 lbs. 1.2Women's Division 1.2.1Flyweight up to 105 lbs. 1.2.2Bantamweight over 105-114 lbs. 1.2.3Featherweight over 114-123 lbs. 1.2.4Lightweight over 123-132 lbs. 1.2.5Welterweight over 132-141 lbs. 1.2.6Middleweight over 141-150 lbs. 1.2.7Light Heavyweight over 150-159 lbs. 1.2.8Cruiserweight over 159-168 lbs. 1.2.9Heavyweight over 168 lbs. 1.3Should a fighter be a no-show, that bout shall be canceled. Should a fighter not make weight, they shall be given one (1) hour to make weight but shall not be permitted to lose more than two (2) pounds in that time. There shall be a one (1) pound allowance in non-championship fights. In some instances, fighters that are cleared for the same event may be approved to fight another fighter on the card pending approval of the Division or the Division's Designated Agent (hereafter referred to as the Division). Fighters may fight up or down one Weight Division; however, weight differences between opposing fighters cannot exceed seven pounds, except for the following: 1.3.1Weight differences between men fighters weighing over 185 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds. 1.3.2Weight differences between women fighters weighing over 168 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds. 2.0Fighting Area 2.1All mixed martial arts events must be held in a ring or cage. 2.2A cage used in an event of mixed martial arts must meet the following requirements: 2.2.1The cage shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet. The fighting surface shall be covered with a minimum one inch layer of foam padding. Vinyl or other plastic rubberized covering shall be permitted. 2.2.2The fighting surface shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting surface and shall be properly padded. 2.2.3The fighting surface area shall be enclosed by a fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl coated chain link fencing. All metal parts shall be covered and padded and shall not be abrasive to the contestants. 2.2.4The fence shall provide two separate entries onto the fighting surface. 2.3A ring used in an event of mixed martial arts must meet the following requirements: 2.3.1The ring must be no smaller than 18 feet square and no larger than 32 feet square within the ropes. 2.3.2The ring floor must extend at least 18 inches beyond the ropes and must have at least a 1-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform. Material that gathers in lumps or ridges may not be used. 2.3.3The ring platform must not be more than 4 feet above the floor of the building and must have suitable steps for the use of contestants. 2.3.4Rings posts must be four in number and made of metal, extending from the floor of the building to a minimum height of 58 inches above the ring floor, and must be properly padded. Ring posts must be at least 18 inches away from the ring ropes. 2.3.5There must be 5 ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest ring rope must be 12 inches above the ring floor. 2.3.6There may not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor. 3.0Equipment and Clothing 3.1Ring stool for each contestant. An appropriate number of stools or chairs shall be available for each contestant's seconds. They shall be located near each contestant's corner. 3.2For each bout, the promoter is to provide a clean water bucket and clean plastic water bottle in each corner. 3.3Contestants shall wear mma shorts, biking shorts, boxing shorts, Muay Thai shorts or kick-boxing shorts. 3.4Gi's or shirts are prohibited during competition. 3.5Females shall wear rash guards. 3.6Shoes are not permitted. 3.7No clothing that is made of hard plastic or metallic surface is permitted. 3.8No jewelry or piercing accessories is permitted during competition. 4.0Bandage Wraps 4.1Bandages shall be restricted to soft gauze cloth not more than 15 yards in length and two inches in width, held in place by not more than 6 feet of surgeon's tape, one inch in width. 4.2Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cross the back of the hand twice and extend to cover and protect the knuckles. 4.3The bandages and tape shall be placed on the contestant's hands in the dressing room in the presence of the inspector and in the presence of the manager or chief second of his or her opponent. It shall be signed off by the inspector with his/her initials and the date. 4.4Under no circumstances are gloves to be placed on the hands of the contestant without the approval of the inspector. 5.0Mouth Pieces 5.1All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician. 5.2The round cannot begin without the mouthpiece in place. 5.3 If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action. 6.0Protective Equipment 6.1Male mixed martial artists shall wear a groin protector of their own selection. 6.2Female mixed martial artists shall wear a chest protector during competition. 7.0Gloves 7.1The gloves shall be new for all bouts. 7.2All contestants shall wear open finger minimum 4 ounce gloves and shall be supplied by the promoter. No contestant shall supply their own gloves. All gloves are subject to approval by the Division. 8.0Appearance/hygiene 8.1Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face. 8.2There shall be no oil or grease on any part of the body. A light coating of petroleum jelly may be applied to the contestants face in the presence of an inspector. 8.3Fingernails and toenails must be cut and trimmed. 8.4The use of BenGay, IcyHot, and other such sports crèmes is prohibited. 9.0Round Length 9.1For non-championship bouts, the rounds will consist of three 5-minute rounds with one minute of rest in between rounds. 9.2For championship bouts, the rounds may consist of five 5-minute rounds with one minute of rest in between rounds. 10.0Stopping a Contest The referee is the sole arbiter of a bout and is the only individual authorized to enter the fighting area at any time during competition to stop a contest except that referee shall stop a bout at the direction of the ringside physician or the Division. The contestant's chief second may signify to referee in an approved manner by the Division to stop the bout. 11.0Judging and Scoring 11.1All bouts will be evaluated and scored by three judges. 11.2The 10-Point Must System will be the standard system of scoring. Under the 10 Point Must Scoring System, 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser, except for a rare even round, which is scored 10-10. 11.3Judges shall evaluate MMA techniques, such as effective striking, effective grappling, control of the fighting area, effective aggressiveness and defense. 11.4Evaluations shall be made in the order in which the techniques appear in 11.3 above, giving the most weight in scoring to effective striking, effective grappling, control of the fighting area and effective aggressiveness and defense. 11.5Effective striking is judged by determining the total number of legal heavy strikes landed by a contestant. 11.6Effective grappling is judged by considering the amount of successful executions of legal takedowns and reversals. Examples of factors to consider are take downs from standing position to mount position, passing the guard to mount position, and bottom position fighter using an active, threatening guard. 11.7Control of fighting is judged by determining who is dictating the pace, location and position of the bout. Examples of factors to consider are countering a grappler's attempt at takedown by remaining standing and legally striking; taking down an opponent to force a ground fight; creating threatening submission attempts, passing the guard to achieve mount, and creating striking opportunities. 11.8Effective aggressiveness means moving forward and landing a legal strike. 11.9Effective defense means avoiding being struck, taken down or reversed while countering with offensive attacks. 11.10The following objective scoring criteria shall be utilized by the judges when scoring a round; 11.11A round is to be scored as a 10-10 Round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round; 11.11.1A round is to be scored as a 10-9 Round when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers; 11.11.2A round is to be scored as a 10-8 Round when a contestant overwhelmingly dominates by striking or grappling in a round. 11.11.3A round is to be scored as a 10-7 Round when a contestant totally dominates by striking or grappling in a round. 11.12Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows: 11.12.1If the mixed martial artists spent a majority of a round on the canvas, then: 11.12.1.1Effective grappling is weighed first; and 11.12.1.2Effective striking is then weighed. 11.12.2If the mixed martial artist spent a majority of a round standing, then: 11.12.2.1Effective striking is weighed first; and 11.12.2.2Effective grappling is then weighed. 11.12.3If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally. 12.0Warnings 12.1The referee may issue a warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty may be issued at the sole discretion of the referee. The penalty may result in a deduction of points or disqualification. 12.1.1Holding or grabbing the fence; 12.1.2Holding opponent's shorts or gloves; or 12.1.3The presence of more than two seconds on the fighting area perimeter. 13.0Fouls and Violations: 13.1If a fighter flagrantly breaks any rule, the official ring referee shall immediately disqualify him; however, if the foul is not severe or intentional, the referee may issue a warning or point deductions(s) from the offending fighter. The following are fouls and may result in penalties if committed: 13.1.1Downward pointing elbow strikes; 13.1.2Butting with the head; 13.1.3Eye gouging of any kind; 13.1.4Biting or spitting at an opponent; 13.1.5Hair pulling; 13.1.6Fish hooking; 13.1.7Groin attacks of any kind; 13.1.8Intentionally placing a finger in any opponent's orifice, cut or laceration; 13.1.9Small joint manipulation; 13.1.10Strikes to the spine or back of the head or back of neck; 13.1.11Heel kicks to the kidney; 13.1.12Attacking an opponent on or during the break; 13.1.13Kicks to the head of a grounded fighter; 13.1.14Kneeing the head of a grounded fighter; 13.1.15Stomping of a grounded fighter; 13.1.16Throat strikes of any kind; 13.1.17Clawing, pinching, twisting the flesh or grabbing the clavicle; 13.1.18The use of abusive language in fighting area; 13.1.19Any unsportsmanlike conduct that causes an injury to opponent; 13.1.20Attacking an opponent who is under the referee's care at the time; 13.1.21Timidity (avoiding contact, or consistent dropping of mouthpiece, or faking an injury); 13.1.22Interference from a mixed martial artists seconds; 13.1.23Throwing an opponent out of the fighting area; 13.1.24Flagrant disregard of the referee's instructions; 13.1.25Spiking/slamming an opponent to the fighting surface on his or her head or neck; 13.2Disqualification occurs after any combination of three of the fouls listed in 13.1 above. Disqualification will occur after a referee determines that a foul was intentional and flagrant. 13.3Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations. 13.4A fouled fighter has up to five minutes to recuperate. 13.5If a foul is committed, the referee shall: 13.5.1Call time; 13.5.2Send the opponent to a neutral corner; 13.5.3Check the fouled mixed martial artist's condition and safety; and 13.5.4Assess the foul to the offending contestant, deduct points, and notify each corner's seconds, judges and the official scorekeeper. 13.6If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue, so as not to jeopardize the top contestant's superior positioning at the time. 13.6.1The referee shall verbally notify the bottom contestant of the foul. 13.6.2When the round is over, the referee shall assess the foul and notify both corners' seconds, the judges and the official scorekeeper. 13.6.3The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification. 13.7Any point or points to be deducted for any foul must be deducted in the round in which the foul occurred. 13.8Fighters cannot win by intentionally or accidentally fouling another fighter. 14.0Legal Strikes 14.1While Standing 14.1.1Closed hand strikes to the body and head. 14.1.2Kicking techniques to body, legs and head. 14.1.3Knees to the body, legs and head. 14.1.4Takedowns, Throws and Sweeps. 14.1.5Chokes, Armbars and Shouldering. 14.1.6Standing Submissions. 14.2While on the Ground 14.2.1Closed hand strikes and elbows to body, legs and head. 14.2.2Submissions. 15.0Injuries 15.1If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout. 15.2If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury loses by disqualification. 15.3If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two points from the contestant who committed the foul. 15.4If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw. 15.5If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow. 15.6If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no decision if stopped before two rounds have been completed in a three round bout or if stopped before three rounds have been completed in a five round bout. 15.7If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three round bout, or three rounds of a five round bout have been completed. 15.8All partial rounds will be scored after the second round has been completed in a non-championship bout or the third round of a championship bout. 16.0Types Of Bout Results: 16.1Submission by: 16.1.1Tap Out: When a contestant physically uses his hand to indicate that he or she no longer wishes to continue; or 16.1.2Verbal tap out: When a contestant verbally announces to the referee that he or she does not wish to continue; 16.2Technical knockout by: 16.2.1Referee or a representative of Division of Professional Regulation stops bout; 16.2.2Ringside physician directs the referee to stop the bout; 16.2.3When an injury as a result of a legal maneuver is severe enough to terminate a bout; 16.2.4If second concedes on behalf of the fighter. 16.3Knockout by failure to rise from the fighting surface; 16.4Decision via score cards: 16.4.1Unanimous: When all three judges score the bout for the same contestant; 16.4.2Split Decision: When two judges score the bout for one contestant and one judge scores for the opponent; or 16.4.3Majority Decision: When two judges score the bout for the same contestant and one judge scores a draw; 16.5Draws: 16.5.1Unanimous - When all three judges score the bout a draw 16.5.2Majority - When two judges score the bout a draw; or 16.5.3Split - When all three judges score differently and the score total results in a draw; 16.6Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest; 16.7Forfeit: When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out; 16.8Technical Draw: When an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage; 16.9Technical Decision: When the bout is prematurely stopped due to injury and a contestant is leading on the score cards; and 16.10No Decision: When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the score cards. 17.0Matchmaking: The matchmaking of the contestants is subject to the approval of the Division. 18.0Physical Exams and Other Testing: 18.1Contestants must complete and submit the following in writing to the Division: 18.1.1A physical completed within six months of the event. HIV exam with negative results is required in order to compete in an event and test must be dated within six months of event. 18.1.2Complete Hepatitis B Surface AG testing & Hepatitis C AB (must be tested within six months of event.) 18.1.3Complete Blood Count (CBC) and Bleed & Coagulation (PT/PTT Pro Time) 18.1.4Original EKG report, read by a physician (dated within six months of the event.) 18.1.5Original CT/MRI Brain Scan report (without contrast), read by a physician (dated within three years of event.) 18.1.6Original EYE examination by an ophthalmologist-ophthalmological dilation (dated within six months of the event.) 18.1.7Serum Pregnancy test for female contestants (dated within 7 days of event.) 18.1.8Annual Physical/clinical Gynecological and Breast Exam for female contestants. 18.1.9If contestant's injuries result in broken bones or concussion, the contestant shall be suspended for the length of the recovery time according to physician's orders. 18.1.10Based on the requirements set forth in Title 28 §105 (a) (7), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event. 19.0Requirements of the Division: 19.1Require promoter to provide proof of sufficient liability insurance for the officials. 19.2Require promoter to provide proof of sufficient medical insurance including Accidental Death and Dismemberment insurance for contestants per application requirements. 19.3Require promoter to provide an ambulance with life saving equipment and 2 EMTs, one of which is a paramedic, to be present and on site at all times and have a Delaware licensed physician onsite and at ringside. The paramedic will maintain a supply of life saving medicines available as needed. 19.4Verify the matchmaking done by the promoter by confirming the fight records. 19.5The Division shall not have any direct or indirect interest of any kind in the fighters, the promoter or the event. 19.6Oversee the weigh-ins, the hand wrapping and glove placement after inspecting the gloves. 19.7Must inspect and approve the fighting area prior to the start of the contests. 19.8Follow all Delaware laws and rules governing Professional Mixed Martial Arts Events. 19.9Report results of each bout and suspensions to the Association of Boxing Commissions data base within seven days of the event. 19.10Agree not to hold the event if the promoter has not obtained adequate security to maintain control over the event and provide safety to the public during and after the event. 19.11Oversee drug testing to be performed on the day of the event on all contestants for illegal drugs, banned substances and performance enhancers. 20.0Responsibilities of the Promoter: 20.1Follow all Delaware rules and laws governing Professional Mixed Martial Arts Events. 20.2Obtain verbal approval from the Division before applying in writing to the Division for the permit to hold a Mixed Martial Arts Event. 20.3Submit an application to the Division at least thirty days in advance of the event for a permit to hold an MMA event along with the required fee. 20.4Receive permit before holding the MMA event. 20.5Coordinate matchmaking to be approved by the Division. 20.6Cooperate fully with the Division: 20.6.1Fees 20.6.2Match Making approval of the Division. 20.6.3Engage services and provide evidence to the Division that an ambulance with life saving equipment and at least 2 EMTs, one of which is a paramedic, will be on-site during competition. The paramedic will maintain a supply of life saving medicines available as needed. 20.6.4Engage services and provide evidence to the Division that a Delaware licensed physician will be on site during and directly after the competition. 20.6.5Engage contract and provide to the Division proof that medical insurance and an accidental death insurance policy has been purchased per application requirement 20.6.6Engage contract and provide to the Division proof that liability insurance has been purchased per the amount required by the venue. 20.7Agree to not officiate at their own events. Cannot have interest of any kind in the Division. 20.8Cannot be involved or interfere in the oversight of the referee, judging, weighing-in, drug testing, post and pre-fight physicals, and glove inspections. 20.9Provide the required gloves, gauze and adhesive tape for fighter wraps, disposable gloves for corner persons, water for all fighters and officials, stools for each contestant, and clean water bucket. 20.10Provide the fight card that indicates the weight of the fighters and the weight division that the fighters will be in. 20.11Ensure that there will be NO exhibition bouts. 20.12Provide hand sanitizer to the fighters to be kept at the equipment table. 20.13Sanitize all equipment before and after each fight. 20.14Provide adequate security personnel to maintain order and provide safety during and after the event. 20.15Obtain a Delaware business license. 20.16Execute and file a surety bond with the State of Delaware for not less than $10,000. 20.17Pay for drug testing to be performed on day of event on all contestants for illegal drugs, banned substances and performance enhancers. The Division shall oversee the testing. 21.0Requirements of Fighter: 21.1Attend pre-fight meeting. Failure to attend will result in disqualification of the fighter. 21.2Be 18 years or older to participate. 21.3Pass drug testing completed the day of the event and the pre-fight physical. 21.4Agree not to use any illegal drug, narcotic, stimulant, depressant, analgesic of any description, or alcohol substance either before or during a match. 21.5Obtain National MMA ID number prior to the event. 21.6Follow all Delaware laws, Rules and Regulations and requirements of the Division. 21.7Obtain a pre-fight and post-fight physical by the physician assigned to the event. 21.8If fighter should be a no-show, that bout shall be canceled. Under no circumstances shall a fighter be permitted to cut more than two pounds to make weight. 21.9Fighter shall not fight a minimum of tens days from last fight. 22.0Requirements of Seconds/Cornermen: 22.1Each fighter may have three seconds, but only two seconds at a time are permitted in the fighting area and only when given permission by the referee. The Division may authorize an additional cornerman for championship fights at their discretion. 22.2Permitted to use such general anti-coagulants such as Thrombin, Adrenaline Hydrochloride and Aventine or any other first aid medicine approved by the Division to cuts. 22.3Must dry the corner area before the next round continues. 22.4Follow all Delaware laws, Rules and Regulations and requirements of the Division. 1.0Weight Classes: 1.1Men's Division 1.1.1Flyweight up to 112 lbs. 1.1.2Bantamweight over 112-118 lbs. 1.1.3Super Bantamweight over 118-122 lbs. 1.1.4Featherweight over 122-126 lbs. 1.1.5Super Featherweight over 126-130 lbs. 1.1.6Lightweight over 130-135 lbs. 1.1.7Super Lightweight over 135-140 lbs. 1.1.8Welterweight over 140-147 lbs. 1.1.9Super Welterweight over 147-154 lbs. 1.1.10Middleweight over 154-160 lbs. 1.1.11Super Middleweight over 160-167 lbs. 1.1.12Light Heavyweight over 167-175 lbs. 1.1.13Super Lt. Heavyweight over 175-183 lbs. 1.1.14Cruiserweight over 183-190 lbs. 1.1.15Super Cruiserweight over 190-195 lbs. 1.1.16Heavyweight over 195-210 lbs. 1.1.17Super Heavyweight over 210 lbs. 1.2Women's Division 1.2.1Flyweight up to 105 lbs. 1.2.2Bantamweight over 105-114 lbs. 1.2.3Featherweight over 114-123 lbs. 1.2.4Lightweight over 123-132 lbs. 1.2.5Welterweight over 132-141 lbs. 1.2.6Middleweight over 141-150 lbs. 1.2.7Light Heavyweight over 150-159 lbs. 1.2.8Cruiserweight over 159-168 lbs. 1.2.9Heavyweight over 168 lbs. 1.3Should a fighter be a no-show, that bout shall be canceled. Should a fighter not make weight, they shall be given one (1) hour to make weight but shall not be permitted to lose more than two (2) pounds in that time. There shall be a one (1) pound allowance in non-championship fights. In some instances, fighters that are cleared for the same event may be approved to fight another fighter on the card pending approval of the sanctioning body. Fighters may fight up or down one Weight Division; however, weight differences between opposing fighters cannot exceed seven pounds, except for the following: 1.3.1Weight differences between men fighters weighing over 210 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds. 1.3.2Weight differences between women fighters weighing over 168 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds. 2.0Fighting Area: 2.1All mixed martial arts events must be held in a ring or cage. 2.2A cage used in an event of mixed martial arts must meet the following requirements: 2.2.1The cage shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet. The fighting surface shall be covered with a minimum one inch layer of foam padding. Vinyl or other plastic rubberized covering shall be permitted. 2.2.2The fighting surface shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting surface and shall be properly padded. 2.2.3The fighting surface area shall be enclosed by a fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl coated chain link fencing. All metal parts shall be covered and padded and shall not be abrasive to the contestants. 2.2.4The fence shall provide two separate entries onto the fighting surface. 2.3A ring used in an event of mixed martial arts must meet the following requirements: 2.3.1The ring must be no smaller than 18 feet square and no larger than 32 feet square within the ropes. 2.3.2The ring floor must extend at least 18 inches beyond the ropes and must have at least a 1-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform. Material that gathers in lumps or ridges may not be used. 2.3.3The ring platform must not be more than 4 feet above the floor of the building and must have suitable steps for the use of contestants. 2.3.4Rings posts must be four in number and made of metal, extending from the floor of the building to a minimum height of 58 inches above the ring floor, and must be properly padded. Ring posts must be at least 18 inches away from the ring ropes. 2.3.5There must be 5 ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest ring rope must be 12 inches above the ring floor. 2.3.6There may not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor. 3.0Equipment and Clothing: 3.1Ring stool for each contestant. An appropriate number of stools or chairs shall be available for each contestant's seconds. They shall be located near each contestant's corner. 3.2For each bout, the promoter is to provide a clean water bucket and clean plastic water bottle in each corner. 3.3Contestants shall wear mma shorts, biking shorts, boxing shorts, Muay Thai shorts or kick-boxing shorts. 3.4Gi's or shirts are prohibited during competition. 3.5Females shall wear rash guards. 3.6Shoes are not permitted. 3.7No clothing that is made of hard plastic or metallic surface is permitted. 3.8No jewelry or piercing accessories is permitted during competition. 4.0Bandage Wraps: 4.1Bandages shall be restricted to soft gauze cloth not more than 13 yards in length and two inches in width, held in place by not more than 10 feet of surgeon's tape, one inch in width. 4.2Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cross the back of the hand twice and extend to cover and protect the knuckles. 4.3The bandages and tape shall be placed on the contestant's hands in the dressing room in the presence of the inspector and in the presence of the manager or chief second of his or her opponent. It shall be signed off by the inspector with his/her initials and the date. 4.4Under no circumstances are gloves to be placed on the hands of the contestant without the approval of the inspector. 5.0Mouth Pieces: 5.1All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician. 5.2The round cannot begin without the mouthpiece in place. 5.3If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action. 6.0Protective Equipment: 6.1Male mixed martial artists shall wear a groin protector of their own selection. 6.2Shin/instep protectors are required. 6.3Female mixed martial artists shall wear a chest protector during competition. 7.0Gloves: 7.1The gloves shall be new for all bouts. 7.2All contestants shall wear open finger minimum 7 ounce gloves and shall be supplied by the promoter. No contestant shall supply their own gloves. All gloves are subject to the approval of the sanctioning body. 8.0Appearance/hygiene: 8.1Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face. 8.2There shall be no oil or grease on any part of the body. A light coating of petroleum jelly may be applied to the contestants face in the presence of an inspector. 8.3Fingernails and toenails must be cut and trimmed. 8.4The use of BenGay, IcyHot, and other such sports crèmes is prohibited. 9.0Round Length: 9.1For non-championship bouts, the rounds will consist of three 3-minute rounds with one minute of rest in between rounds. 9.2For championship bouts, the rounds may consist of five 3-minute rounds with one minute of rest in between rounds. 10.0Stopping A Contest: The referee is the sole arbiter of a bout and is the only individual authorized to enter the fighting area at any time during competition to stop a contest except that referee shall stop a bout at the direction of the ringside physician or the Division. The contestant's chief second may signify to referee in an approved manner by the sanctioning body to stop the bout. 11.0Judging And Scoring: 11.1All bouts will be evaluated and scored by three judges. 11.2The 10-Point Must System will be the standard system of scoring. Under the 10-Point Must Scoring System, 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser, except for a rare even round, which is scored 10-10. 11.3Judges shall evaluate MMA techniques, such as effective striking, effective grappling, control of the fighting area, effective aggressiveness and defense. 11.4Evaluations shall be made in the order in which the techniques appear in 11.3 above, giving the most weight in scoring to effective striking, effective grappling, control of the fighting area and effective aggressiveness and defense. 11.5Effective striking is judged by determining the total number of legal heavy strikes landed by a contestant. 11.6Effective grappling is judged by considering the amount of successful executions of legal takedowns and reversals. Examples of factors to consider are take downs from standing position to mount position, passing the guard to mount position, and bottom position fighter using an active, threatening guard. 11.7Control of fighting is judged by determining who is dictating the pace, location and position of the bout. Examples of factors to consider are countering a grappler's attempt at takedown by remaining standing and legally striking; taking down an opponent to force a ground fight; creating threatening submission attempts, passing the guard to achieve mount, and creating striking opportunities. 11.8Effective aggressiveness means moving forward and landing a legal strike. 11.9Effective defense means avoiding being struck, taken down or reversed while countering with offensive attacks. 11.10The following objective scoring criteria shall be utilized by the judges when scoring a round; 11.10.1A round is to be scored as a 10-10 Round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round; 11.10.2A round is to be scored as a 10-9 Round when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers; 11.10.3A round is to be scored as a 10-8 Round when a contestant overwhelmingly dominates by striking or grappling in a round. 11.10.4A round is to be scored as a 10-7 Round when a contestant totally dominates by striking or grappling in a round. 11.11Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows: 11.11.1If the mixed martial artists spent a majority of a round on the canvas, then: 11.11.1.1Effective grappling is weighed first; and 11.11.1.2Effective striking is then weighed. 11.11.2If the mixed martial artist spent a majority of a round standing, then: 11.11.2.1Effective striking is weighed first; and 11.11.2.2Effective grappling is then weighed. 11.11.3If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally. 12.0Warnings: 12.1The referee may issue a warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty may be issued at the sole discretion of the referee. The penalty may result in a deduction of points or disqualification. 12.1.1Holding or grabbing the fence; 12.1.2Holding opponent's shorts or gloves; or 12.1.3The presence of more than two seconds on the fighting area perimeter. 13.0Fouls And Violations: 13.1If a fighter flagrantly breaks any rule, the official ring referee shall immediately disqualify him; however, if the foul is not severe or intentional, the referee may issue a warning or point deductions(s) from the offending fighter. The following are fouls and may result in penalties if committed: 13.1.1No elbows of any kind; 13.1.2Butting with the head; 13.1.3Eye gouging of any kind; 13.1.4Biting or spitting at an opponent; 13.1.5Hair pulling; 13.1.6Fish hooking; 13.1.7Heel hooks; 13.1.8Finger locks; 13.1.9Toe locks; 13.1.10Spine locks; 13.1.11Hammer locks to grounded opponent; 13.1.12Smothering of grounded opponent (hand over mouth); 13.1.13Groin attacks of any kind; 13.1.14Intentionally placing a finger in any opponent's orifice, cut or laceration; 13.1.15Small joint manipulation; 13.1.16Strikes to the spine or back of the head or back of neck; 13.1.17Any striking to head of grounded opponent; 13.1.18Heel kicks to the kidney; 13.1.19Throat strikes of any kind; 13.1.20One or two-handed chokes applied directly to the throat/windpipe; 13.1.21Clawing, pinching, twisting the flesh or grabbing the clavicle; 13.1.22Kicking the head of a grounded fighter; 13.1.23Kicks to the head of a standing fighter; 13.1.24Knees to head of standing opponent; 13.1.25Kneeing the head of a grounded fighter; 13.1.26Stomping of a grounded fighter; 13.1.27The use of abusive language in fighting area; 13.1.28Any unsportsmanlike conduct that causes an injury to opponent; 13.1.29Attacking an opponent on or during the break; 13.1.30Attacking an opponent who is under the referee's care at the time; 13.1.31Timidity (avoiding contact, or consistent dropping of mouthpiece, or faking an injury); 13.1.32Interference from a mixed martial artists seconds; 13.1.33Throwing an opponent out of the fighting area; 13.1.34Flagrant disregard of the referee's instructions; 13.1.35Spiking/slamming an opponent to the fighting surface on his or her head or neck; 13.1.36Neck cranks; 13.2Disqualification occurs after any combination of three of the fouls listed in 13.1 above. Disqualification will occur after a referee determines that a foul was intentional and flagrant. 13.3Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations. 13.4A fouled fighter has up to five minutes to recuperate. 13.5If a foul is committed, the referee shall: 13.5.1Call Time; 13.5.2Send the opponent to a neutral corner; 13.5.3Check the fouled mixed martial artist's condition and safety; and 13.5.4Assess the foul to the offending contestant, deduct points, and notify each corner's seconds, judges and the official scorekeeper. 13.6If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue, so as not to jeopardize the top contestant's superior positioning at the time. 13.6.1The referee shall verbally notify the bottom contestant of the foul. 13.6.2When the round is over, the referee shall assess the foul and notify both corners' seconds, the judges and the official scorekeeper. 13.6.3The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification. 13.7Any point or points to be deducted for any foul must be deducted in the round in which the foul occurred. 13.8Fighters cannot win by intentionally or accidentally fouling another fighter. 14.0Legal Strikes: 14.1While Standing 14.1.1Closed hand strikes to the body and head. 14.1.2Kicking techniques to body. 14.1.3Knees to the body and legs. 14.1.4Takedowns, Throws and Sweeps. 14.1.5Chokes, Armbars and Shouldering. 14.1.6Standing Submissions. 14.2While on the Ground 14.2.1Closed hand strikes to body and legs. 14.2.2Submissions (chokes, armbars, straight leg locks only). 15.0Injuries: 15.1If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout. 15.2If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury loses by disqualification. 15.3If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two points from the contestant who committed the foul. 15.4If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw. 15.5If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow. 15.6If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no decision if stopped before two rounds have been completed in a three round bout or if stopped before three rounds have been completed in a five round bout. 15.7If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three round bout, or three rounds of a five round bout have been completed. 15.8There will be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the scorekeeper calculates the final score. 16.0Types of Bout Results: 16.1Submission by: 16.1.1Tap Out: When a contestant physically uses his hand to indicate that he or she no longer wishes to continue; or 16.1.2Verbal tap out: When a contestant verbally announces to the referee that he or she does not wish to continue; 16.2Technical knockout by: 16.2.1Referee or a representative of Division of Professional Regulation stops bout; 16.2.2Ringside physician directs the referee to stop the bout; 16.2.3When an injury as a result of a legal maneuver is severe enough to terminate a bout; 16.2.4If second concedes on behalf of the fighter. 16.3Knockout by failure to rise from the fighting surface; 16.4Decision via score cards: 16.4.1Unanimous: When all three judges score the bout for the same contestant; 16.4.2Split Decision: When two judges score the bout for one contestant and one judge scores for the opponent; or 16.4.3Majority Decision: When two judges score the bout for the same contestant and one judge scores a draw; 16.5Draws: 16.5.1Unanimous - When all three judges score the bout a draw 16.5.2Majority - When two judges score the bout a draw; or 16.5.3Split - When all three judges score differently and the score total results in a draw; 16.6Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest; 16.7Forfeit: When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out; 16.8Technical Draw: When an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage; 16.9Technical Decision: When the bout is prematurely stopped due to injury and a contestant is leading on the score cards; and 16.10No Decision: When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the score cards. 17.0Matchmaking: The matchmaking of the contestants is subject to the approval of the approved sanctioning body. 18.0Physical Exams and other Testing 18.1All Contestants must complete a physical within 90 days of the event and submit completed physical form to the sanctioning body including negative blood results from a lab that has consulted with a physician for HIV, Hep B and C tests. The results shall be faxed from the lab to the sanctioning body. 18.2All contestants are subject to pre-fight and post-fight physicals. Failure to have a Pre-Fight physical will result in disqualification. Failure to have a Post-Fight Medical will result in a minimum 90 day suspension of contestant. 18.3If contestant's injuries result in broken bones or concussion, the contestant shall be suspended for the length of the recovery time according to physician's orders. 18.4All female contestants must complete a pregnancy test the day of the event and the results must be negative. 18.5Based on the requirements set forth in Title 28 §105 (b) (5), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event. 19.0Requirements Of The Sanctioning Body: 19.1Require promoter to provide proof of sufficient liability insurance for the officials. 19.2Require promoter to provide proof of sufficient medical insurance including Accidental Death and Dismemberment insurance for contestants per application requirements. 19.3Require promoter to provide an ambulance with life saving equipment and 2 EMTs, one of which is a paramedic, to be present and on site at all times and have a Delaware licensed physician onsite and at ringside.The paramedic will maintain a supply of life saving medicines available as needed. 19.4Verify the matchmaking done by the promoter by confirming the fight records. 19.5Sanctioning body shall not have any direct or indirect interest of any kind in the fighters, the promoter or the event. 19.6Oversee the weigh-ins, the hand wrapping and glove placement after inspecting the gloves. 19.7Must inspect and approve the fighting area prior to the start of the contests. 19.8Follow all Delaware laws and rules governing Amateur Mixed Martial Arts Events. 19.9Report results of each bout and suspensions to the Association of Boxing Commissions data base within seven days of the event. 19.10Agree not to hold the event if the promoter has not obtained adequate security to maintain control over the event and provide safety to the public during and after the event. 19.11Oversee random drug testing to be performed on the day of the event on randomly selected contestants, if deemed necessary for illegal drugs, banned substances and performance enhancers. 20.0Responsibilities of the Promoter: 20.1Follow all Delaware rules and laws governing Amateur Mixed Martial Arts Events. 20.2Obtain approval from a sanctioning body approved by the Director before applying to the State of Delaware for the permit to hold a Mixed Martial Arts Event. 20.3Submit an application to the State of Delaware at least thirty days in advance of the event for a permit to hold an MMA event along with the required fee. 20.4Receive permit before holding the MMA event. 20.5Coordinate matchmaking to be approved by the approved sanctioning body. 20.6Cooperate fully with the approved Sanctioning Body: 20.6.1Fees 20.6.2Match Making approval of the sanctioning body. 20.6.3Engage services and provide evidence to the sanctioning body that an ambulance with life saving equipment and at least 2 EMTs, one of which is a paramedic, will be on-site during competition. The paramedic will maintain a supply of life saving medicines available as needed. 20.6.4Engage services and provide evidence to the sanctioning body that a Delaware licensed physician will be on site during and directly after the competition. 20.6.5Engage contract and provide to the sanctioning body proof that medical insurance and an accidental death insurance policy has been purchased per application requirement 20.6.6Engage contract and provide to the sanctioning body proof that liability insurance has been purchased per the amount required by the venue. 20.7Agree to not officiate at their own events. Cannot have interest of any kind in the sanctioning organization. 20.8Cannot be involved or interfere in the oversight of the referee, judging, weighing-in, drug testing, post and pre-fight physicals, and glove inspections. 20.9Provide the required gloves, shin/instep guards, grey/silver duct tape, gauze and adhesive tape for fighter wraps, disposable gloves for corner persons, water for all fighters and officials, stools for each contestant, and clean water bucket. 20.10Provide the fight card that indicates the weight of the fighters and the weight division that the fighters will be in. 20.11Agree that there will be NO exhibition bouts. 20.12Provide hand sanitizer to be kept at the equipment table. 20.13Sanitize all equipment before and after each fight. 20.14Provide adequate security personnel to maintain order and provide safety during and after the event. 20.15Obtain a Delaware business license. 20.16Execute and file a surety bond with the State of Delaware for not less than $5,000. 20.17Pay for random drug testing to be performed on day of event on randomly selected contestants, if deemed necessary, for illegal drugs, banned substances and performance enhancers. The sanctioning body shall oversee the testing. 21.0Requirements of Fighter 21.1Attend pre-fight meeting. Failure to attend will result in disqualification of the fighter. 21.2Be 18 years or older to participate. 21.3Pass the pre-fight physical. 21.4Agree not to use any illegal drug, narcotic, stimulant, depressant, analgesic of any description, or alcohol substance either before or during a match. A random drug test may be performed on the day of the event if deemed necessary. Any positive results with disqualify the contestant and may subject contestant to a suspension by the Division. 21.5Obtain National MMA ID number prior to the event. 21.6Follow all Delaware laws, Rules and Regulations and requirements of the sanctioning body. 21.7Contestants must provide a signed statement to the sanctioning body that they have never engaged in a professional style MMA event or any other professional martial arts sports and have never accepted payment for their participation in any combative sports event or fighting art. The contestant's trainer must attest in writing to the contestant's skill. 21.8Obtain a pre-fight and post-fight physical by the physician assigned to the event. 21.9If fighter should be a no-show, that bout shall be canceled. Under no circumstances shall a fighter be permitted to cut more than two pounds to make weight. 21.10Fighter shall not fight a minimum of tens days from last fight. 22.0Requirements of Seconds/Cornermen 22.1Each fighter may have three seconds, but only two seconds at a time are permitted in the fighting area and only when given permission by the referee. The Sanctioning Body may authorize an additional cornerman at their discretion for championship fights. 22.2Permitted to use such general anti-coagulants such as Thrombin, Adrenaline Hydrochloride and Aventine or any other first aid medicine approved by the sanctioning body to cuts. 22.3Must dry the corner area before the next round continues. 22.4Follow all Delaware laws, Rules and Regulations and requirements of the sanctioning body. DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005)\ 3 DE Admin. Code 501 501 Harness Racing Rules and Regulations DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16 (14 Del.C. §122(b) & 14 Del. C. Ch. 16)) 14 DE Admin. Code 611 611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems 1.0Eligible Students 1.1Except as otherwise provided in this regulation, any student who is expelled by a local school district, who is subject to expulsion or who otherwise seriously violates the district discipline code shall be eligible for placement at a Consortium Discipline Alternative Program site. 1.12[Subject to Section 11.0, Ll]ocal school districts may shall place a student at a Consortium Discipline Alternative Program site only if the district board: 1.12.1Has expelled the student for a violation of the district’s discipline code or, [Determines that the student has engaged in conduct that permits the board to expel the student determined that the student has been suspended for engaging in conduct that could result in expulsion and has not required the student to participate in other options such as behavioural contracts or counseling] or, determine[sd] that the student has exhibited such severe discipline problems that expulsion is imminent.; and 1.2.2Determine[sd] the student is not [in]eligible for placement at a Consortium Discipline Alternative Placement pursuant to the conditions in 2.0. 1.23School districts may place a student in a Consortium Discipline Alternative Program site for classroom or school environment disruptions only if: 1.23.1Such disruptions are chronic and repetitive; and 1.23.2The student has participated in all available School Based Intervention Programs pursuant to 14 DE Admin. Code 609 and continues to routinely and seriously disrupt the classroom and impede the learning of other students. 2.0Ineligible Students 2.1Any student expelled or suspended pending expulsion for behavior equivalent to a violation of the following is not eligible for, and may not be placed at a Consortium Discipline Alternative Program site. 2.1.111 Del.C. §613 Assault in the First Degree; class C felony; or 2.1.211 Del.C. §1457 Possession of a Weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor; or 2.1.311 Del.C. §802 Arson in the Second Degree affirmative defense; class D felony; or 2.1.411 Del.C. §803 Arson in the first degree; class C felony; or 2.1.511 Del.C. §770 Rape in the fourth degree; class C felony; or 2.1.611 Del.C. §771 Rape in the third degree; class B felony; or 2.1.711 Del.C. §772 Rape in the second degree class B felony; or 2.1.811 Del.C. §773 Rape in the first degree class A felony; or 2.1.916 Del.C. §4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamine, LSD, or designed drugs or 2.1.10Any behavior equivalent to or greater than the offenses in 2.1.1 through 2.1.9. 2.2Provided further, any student expelled or suspended pending expulsion may not be placed at a Consortium Discipline Alternative Program if the school district determines, by a preponderance of the evidence, the student is inappropriate for such placement. When determining whether a student is inappropriate for placement in a Consortium Discipline Alternative Program, the school district shall consider the availability of space in the program to serve the student, and the student's age. 3.0Written Decision Required When a school board expels a student but determines the student shall not be placed at a Consortium Discipline Alternative Program under subsections 2.1.1 to 2.1.10 of this regulation, the school district’s written decision shall be in writing and address with specificity the reason for non placement and the evidence in support thereof. Such decisions shall be [reported submitted] to the Delaware Department of Education’s Office of School Climate and Discipline within five working days of such decision [with a copy to the student’s parent, guardian, or Relative Caregiver]. 4.0Informing the Parents, Guardians, Relative Caregiver or Students (If the Student is Age 18 or Older) Districts shall inform the parents, guardians, Relative Caregiver or students (if the student is age 18 or older) of the alternative education options that are then currently available to them if the students have been expelled or expulsion is being considered. These options may include, but are not be limited to, the Consortium Discipline Alternative Program, a GED Program, James H. Groves High School and continued special education and related services for children with disabilities as determined by the student’s individual eligibility for participation in such programs. A student’s eligibility for such alternative education options is determined by the requirements of such programs. 5.0Grade Level to be Served Eligible students in the Consortium Discipline Alternative Program shall be primarily those who are enrolled in grades 6 through 12, however students in the lower grades may also be served through Alternative Program funds. 6.0Placement at Consortium Discipline Alternative Program Sites 6.1Each district shall establish an Alternative Placement Team to review each case and prescribe the appropriate placement for students. The Placement Team, in concert with the Consortium Discipline Alternative Program staff, shall design an Individual Service Plan (ISP) for each student that will include educational goals, behavioral goals, and services needed by both students and their families. The ISP shall include a tentative transition plan. 6.1.1The Alternative Placement Team shall be composed of a representative of the Consortium Discipline Alternative Program staff; a district level coordinator who will be designated by the superintendent; the building level principal, assistant principal or other person as appropriate; the student’s custodial adult; guidance counselor or school social worker; and a representative from the Department of Services for Children Youth and Their Families (DSCYF) with knowledge of the student’s and family’s needs as appropriate. Other individuals may be invited as determined by the placement team. 6.1.1.1Students who are being placed at a Consortium Discipline Alternative Program site as a transition from DSCYF facilities shall have an ISP developed in concert with the DSCYF facility team, the Alternative Placement Team, and the student’s custodial adult. 6.1.2If students from either a school district or DSCYF facility are children with disabilities, appropriate special education staff shall be included in placement considerations. The Alternative Placement Team and the Individual Education Program (IEP) Team may be the same so long as the membership of the IEP Team meets the requirements of 14 DE Admin. Code 925. 7.0September 30 Enrollment Count 7.1Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the enrollment of the sending school. 7.2Students shall be reported for the level of special education service as defined by the current IEP. 7.3If a student was enrolled the previous year in a Career and Technical Program in the reporting school, the students shall be reported as enrolled in the next Career and Technical course in the program series. 8.0Consortium Discipline Alternative Program Setting 8.1The Consortium Discipline Alternative Program setting shall be apart from the regular school setting, however, a part of a school building may be used for these programs if the students do not interact with the regular school population or use any school facility at the same time as the regular school population. 8.1.1Use of other agency facilities (Boys and Girls Club, YMCA, YWCA, etc.) is encouraged. Consortium Discipline Alternative Program settings shall meet all applicable health and safety laws and regulations for student occupancy. 9.0Consortium Discipline Alternative Program Design 9.1The Consortium Discipline Alternative Program shall include an educational program designed to maintain and improve skills aligned to the Delaware State Content Standards that will allow students to reenter the regular school program with a reasonable chance and expectation for success. Opportunities for academic acceleration shall also be provided. 9.1.1The academic program shall include applied learning activities that encourage students’ active participation in the learning process as opposed to work sheets and other “seat oriented” drill exercises. Study skills, test taking strategies for academic confidence building, and Character Education shall be integrated with the Delaware State Content Standards. 9.1.1.1Credit for work accomplished in the Consortium Discipline Alternative Program setting shall be automatically transferred to the sending school. 9.1.2All students enrolled in Consortium Discipline Alternative Programs shall participate in the Delaware Student Testing Program (DSTP) or successor statewide student assessment program, and Student Success Plans (SSP) as required by 14 DE Admin. Code 505. 10.0Staffing Instructional staff shall include educators who are licensed and certified in the content areas of English language arts, mathematics, science and social studies. 11.0Children With Disabilities [11.1Notwithstanding any of the provisions to the contrary, children with disabilities shall be served pursuant to the provisions of 14 DE Admin. Code 925 922 through 929. Nothing in this regulation shall alter a district's or charter school's duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nor shall this regulation prevent a district or charter school from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Department regulations. 11.2Nothing in this regulation shall alter a district's or charter schools's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district or charter school from providing supportive instruction to such students. 12.0Charter School Students 12.1[A charter school may refer a student to a Consortium Discipline Alternative Programs pursuant to provisions of chapter 16 of Title 14 of the Delaware Code, subject to the conditions set forth in 14 Del. C. 505A(8). A charter school, subject to the limitations of 14 Del.C. 504A(8), shall pursue referral of any student meeting the requirements of Section 1.2 into a Consortium Discipline Alternative Program pursuant to the provisions of Chapter 16 of Title 14 of the Delaware Code.] 12.2To the extent applicable, a charter school placing a student in a Consortium Discipline Alternative Program shall be subject to the provisions of this regulation. 1213.0Evaluation The Department of Education shall annually evaluate the effectiveness of the Consortium Discipline Alternative Programs using criteria that includes student demographic data, types of interventions employed, and prior versus subsequent behavioral and academic patterns, parent involvement, agency involvement and recidivism. [In addition, the Department of Education shall annually review the decisions acquired pursuant to Section 3.0 to assess the reasons for non-placement of students in the alternative programs, including lack of space and number, age, race and special education status of excluded students by district and charter school.] Grantees shall compile and submit data based on uniform standards and format established by the Department. 8 DE Reg. 1008 (01/01/05) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Sections 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 618 618 School Safety Audit 1.0Required School Safety Audit Each school year every Delaware public school including Charter Schools and Alternative Schools shall conduct a School Safety Audit. Such audit shall be conducted using guidelines provided by the Department of Education. Districts and heads of charter schools shall ensure that a corrective plan of action to address identified needs is developed within sixty (60) days of the School Safety Audit. The corrective plan of action shall be made available to the Department of Education’s Quality Review Team at the time of their visit. 8 DE Reg. 344 (8/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Sections 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 620 620 School Crisis Response Plans 1.0Required School Crisis Response Plan Every Delaware public school including Charter Schools and Alternative Program sites shall develop a School Crisis Response Plan and shall conduct at least one practice drill annually. Following practice drills, the districts and heads of charter schools shall ensure that the school safety teams conduct meetings to assess readiness and determine the effectiveness of the existing plans. School Crisis Response Plans shall be developed using guidelines provided by the Department of Education and shall be made available to the Department of Education’s Quality Review Team at the time of their visit. 8 DE Reg. 344 (8/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Sections 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 621 621 District and School Emergency Preparedness Policy 1.0Definitions “Charter School” shall mean a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code. “District” shall mean a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code. “Emergency Preparedness Guidelines”means the Department of Education developed documents that outline the steps, processes, procedures, audits and actions a school, local school district or charter school shall use to develop a plan to respond to an emergency event or crisis situation, including a major communicable disease event such as a Pandemic Influenza Outbreak that may occur in the school community. These documents may be revised from time to time. The documents shall be available on the Department of Education website. “School Safety Team” means the individuals identified in the district or charter school emergency preparedness or crisis response plan responsible for the planning and implementation of the plan at the school level or district level. 2.0District and Charter School Written Policy Required 2.1Each school district and charter school shall have a written policy that outlines an emergency preparedness plan that is consistent with the Emergency Preparedness Guidelines. In addition, the district policy shall state how the emergency preparedness plan shall be implemented at each school within the district. The emergency preparedness plan shall be reviewed with students and staff annually. 2.2The district policy shall describe how each school within the district shall plan and conduct at least one emergency event or crisis situation exercise annually. In addition, each district shall conduct at least one tabletop exercise on a major communicable disease event such as a Pandemic Influenza Outbreak every two years. 2.3The charter school policy shall describe how the charter school will plan and conduct at least one emergency event or crisis situation exercise annually and at least one tabletop exercise on a major communicable disease event such as a Pandemic Influenza Outbreak every two years. 3.0Reporting Requirements and Timelines 3.1Each public school district and charter school shall have an electronic copy of its current Emergency Preparedness policy on file with the Department of Education. In addition, following the practice exercise(s) outlined in 2.0 of this regulation, the district superintendent or designee, or charter school administrator shall document the practice exercise(s) and the school safety team(s) meeting(s) to assess readiness and determine the effectiveness of the existing plans. The documentation of such practice exercise(s) and School Safety Team meeting(s) shall be provided to the Department upon request. 3.2Each school district and charter shall provide an electronic copy of the its Emergency Preparedness policy within thirty (30) days of any revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance, policies or recommendations from the School Safety Team. OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 3110 (14 Del.C. §3110) 14 DE Admin. Code 925 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 1105 1105 School Transportation 14.0 17.0Transportation Formulas for Public Local School Districts Operating District, Lease, or Lease Purchase Buses Items which are not on this list must be approved by the State Department of Education. Any purchase, commitment, or obligation exceeding the transportation allocation to the district is the responsibility of the district. 14.1 17.1A District shall not use transportation funds for items which are not on the following list without approval by the DOE. Any purchase, commitment, or obligation exceeding the transportation allocation to the District is the responsibility of the District. The following items may be used for the purpose of providing pupil transportation in accordance with the regulations of the Department of Education. 14.1.1 17.1.1Advertising including equipment, routes, supplies, and employees employment. 14.1.2 17.1.2Communication systems including two way radios, cellular phones, and AM-FM radio. 14.1.3 17.1.3Fuel including gasoline, diesel, propane, kerosene, storage tanks, pumps, additives, and oil. 14.1.4 17.1.4Leasing and rental including tools, equipment, storage facilities, buses, garage space, and office space. 14.1.5 17.1.5Office supplies and materials including computer hardware, computer software, data processing, maps, postage, printing, subscription, and measuring devices. 14.1.6 17.1.6Safety materials including audio visual aids, restraining vests, belts, safety awards, pins, patches, certificates, wheelchair ramps, wheelchair retainers, printing, handout materials, pamphlets, training materials, subscriptions, and bus seats. 14.1.7 17.1.7Salary and wages including attendants (aide) as approved by the Department of Education when required in a student’s pupil’s IEP, dispatchers, drivers, maintenance helpers, mechanics, mechanics helpers, office workers, secretarial, substitute drivers, supervisory (other than State supported supervisor or manager), and State provided employee benefits. 14.1.8 17.1.8Shop facilities including heat, electric, water, sewer, security, fences, lights, locks, guards, bus storage, janitorial supplies, brushes, mops, buckets, soap, tools, maintenance vehicles, grease, service vehicles, and work uniforms for maintenance staff. 14.1.9 17.1.9Sidewalks including construction of sidewalks, footbridges, etc. that would be offset in reduced busing costs in 5 years or less, with prior approval of Supervisors of Transportation and School Plant Planning. 14.2 17.2Special 01-60 state funds are provided to local school districts for training supplies. This account may also be used for reimbursements for state provided equipment and services. 14.3 17.3Examples of Programs Excluded from State Reimbursement: 14.3.1 17.3.1Extracurricular Field trips 14.3.2 17.3.2Transportation of pupils from one school to another for special programs (e.g., music festivals, Christmas Holiday programs, etc.) 14.3.3 17.3.3Transportation of pupils to and from athletic contests, practices, tutoring, band events, etc. 14.3.4 17.3.4Post secondary classes 14.3.5 17.3.5Federal programs 14.3.6 17.3.6[Alternative school transportation when not using a shuttle concept that is as efficient as a shuttle concept. Alternative school transportation when using a direct to and from school route that is less efficient than a shuttle concept. A shuttle concept means transporting students to one school and then to the alternative school.] 14.3.7 17.3.7Choice school transportation outside of the local school district or outside of the attendance area of school that the bus normally serves. 14.3.8 17.3.8Charter school transportation (if being provided by a local school district) outside of the local school district. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. § 512) DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. § 512) 9046Countable Resources 1.Cash on hand 2.Money in checking or savings accounts 3.Savings certificates 4.Stocks 5.Bonds 6.Lump sum payments 7.Non-deferred business or personal loans in month of receipt 8.The portion of the equity value of a funeral agreement that exceeds $1,500 [per household member] 1.Personal property 2.Licensed and unlicensed vehicles 3.Buildings, land, recreational properties and any other property The value of non-exempt resources is the equity value, except for licensed vehicles per DSSM 9051. The equity value is the fair market value minus encumbrances. 9049Excluded Resources DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. § 512) 9093.1 Definitions/Acronyms 9093.8EBT Benefits and Claim Issues 9093.9Aging Periods and Expungement Process DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. § 512) DSSM 1003.4 Court Appointed Special Advocate (CASA or guardian ad litem) 1003.4 Court Appointed Special Advocate (CASA or guardian ad litem) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60) 7 DE Admin. Code 1138 1138 Emission Standards for Hazardous Air Pollutants for Source Categories 9.0[Reserved] Emission Standards for Hospital Ethylene Oxide Sterilizers 9.1Applicability. 9.1.1The provisions of 9.0 of this regulation apply to each ethylene oxide sterilization facility at a hospital that is an area source of hazardous air pollutant emissions. 9.1.2The provisions of 9.0 of this regulation apply to each new or existing affected source. The affected source is each ethylene oxide sterilization facility. 9.1.2.1An affected source is existing if the owner or operator commenced construction or reconstruction of the affected source before November 6, 2006. 9.1.2.2An affected source is new if the owner or operator commenced construction or reconstruction of the affected source on or after November 6, 2006. 9.1.3The owner or operator of an area source subject to 9.0 of this regulation is exempt from the obligation to obtain a Title V operating permit under 7 DE Admin. Code 1130 of State of Delaware “Regulations Governing the Control of Air Pollution”, if the owner or operator is not required to obtain a Title V operating permit under 3.1 of 7 DE Admin. Code 1130 for a reason other than the owner or operator’s status as an area source under 9.0. Notwithstanding the previous sentence, the owner or operator shall continue to comply with the provisions of 9.0. 9.2Definitions. Unless defined below, all terms in 9.0 of this regulation have the meaning given them in the Act or in 3.0 of this regulation. “Aeration process” means any time when ethylene oxide is removed from the aeration unit through the aeration unit vent or from the combination sterilization unit through the sterilization unit vent, while aeration or off-gassing is occurring. “Aeration unit” means any vessel that is used to facilitate off-gassing of ethylene oxide. “Air pollution control device” means a catalytic oxidizer, acid-water scrubber, or any other air pollution control equipment that reduces the quantity of ethylene oxide in the effluent gas stream from sterilization and aeration processes. “Combination sterilization unit” means any enclosed vessel in which both the sterilization process and the aeration process occur within the same vessel, i.e., the vessel is filled with ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing and is followed by off-gassing of ethylene oxide. “Common aeration time” means that items require the same length of time to off-gas ethylene oxide. “Full load” means the maximum number of items that does not impede proper air removal, humidification of the load, or sterilant penetration and evacuation in the sterilization unit. “Hospital” means a facility that provides medical care and treatment for patients who are acutely ill or chronically ill on an inpatient basis under supervision of licensed physicians and under nursing care offered 24 hours per day. Hospitals include diagnostic and major surgery facilities but exclude doctor’s offices, clinics, or other facilities whose primary purpose is to provide medical services [to humans or animals] on an outpatient basis. “Hospital central services staff” means a healthcare professional, including manager and technician, who is either directly involved in or responsible for sterile processing at a hospital. “Medically necessary circumstances” means circumstances that a hospital central services staff, a hospital administrator, or a physician concludes, based on generally accepted medical practices, necessitate sterilizing without a full load in order to protect human health. “Sterilization facility” means the group of ethylene oxide sterilization units at a hospital using ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing. “Sterilization process” means any time when ethylene oxide is removed from the sterilization unit or combination sterilization unit through the sterilization unit vent. “Sterilization unit” means any enclosed vessel that is filled with ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing. As used in 9.0 of this regulation, the term includes combination sterilization units. 9.3Compliance Dates. 9.3.1The owner or operator of an existing affected source shall be in compliance with the applicable provisions of 9.0 of this regulation by no later than February 11, 2009. 9.3.2The owner or operator of a new or reconstructed affected source that has an initial startup on or before December 28, 2007 shall be in compliance with the applicable provisions of 9.0 of this regulation by no later than February 11, 2009. 9.3.3The owner or operator of a new or reconstructed affected source that has an initial startup after December 28, 2007 shall be in compliance with the applicable provisions of 9.0 of this regulation immediately upon startup or February 11, 2009, whichever is later. 9.4Standards. 9.4.1The owner or operator of an affected source subject to 9.0 of this regulation shall comply with either 9.4.1.1 or 9.4.1.2 of this regulation[, whichever is applicable]. 9.4.1.1The owner or operator of an aeration unit or sterilization unit that is not equipped with an air pollution control device shall only sterilize full loads of items having a common aeration time, except under medically necessary circumstances, as that term is defined in 9.2 of this regulation. 9.4.1.2The owner or operation of an aeration unit or sterilization unit that is equipped with an air pollution control device shall reduce the ethylene oxide emissions discharged to the atmosphere in accordance with the applicable requirements in 9.4.1.2.1 or 9.4.1.2.2 of this regulation. 9.4.1.2.1The air pollution control device for a sterilization unit shall reduce the emissions of ethylene oxide to the atmosphere by 99 percent or greater. 9.4.1.2.2The air pollution control device for an aeration unit shall reduce the emissions of ethylene oxide to the atmosphere by 95 percent or greater. 9.4.2The owner or operator of an affected source complying with 9.4.1.1 of this regulation shall also provide a permanent, legible, conspicuous label summarizing the sterilization unit loading and operating requirements. 9.4.3The owner or operator of an affected source subject to 9.0 of this regulation shall develop and implement a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the affected source during periods of startup, shutdown, and malfunction and a program of corrective actions for malfunctioning process, control devices, and monitoring equipment used to comply with 9.0. At a minimum, this plan shall include the following: 9.4.3.1Operating instructions for the proper loading, processing, venting, unloading and aeration of the sterilization facility. 9.4.3.2The routine maintenance schedule and procedures in accordance with the manufacturer’s recommendations. 9.4.3.3The operational plan that describes, in detail, a program of corrective actions to be taken when equipment or process malfunctions occur. 9.4.3.4The proper storage of ethylene oxide. 9.5Initial compliance demonstration. 9.5.1[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.1 of this regulation [shall comply with 9.5.1.1 through 9.5.1.3 of this regulation]. 9.5.1.1The owner or operator shall demonstrate initial compliance with 9.4 of this regulation by submitting an initial notification of compliance status certifying that the owner or operator is sterilizing full loads of items having a common aeration time, except under medically necessary circumstances, and is in compliance with all other applicable requirements in 9.4. 9.5.1.2The owner or operator [of a new or reconstructed affected source] shall demonstrate initial compliance with 9.4 of this regulation [immediately upon startup or] no later than[February 11, 2009 or 120 180] calendar days after the compliance date of the affected source, whichever is later. [9.5.1.3The owner or operator of an existing affected source shall demonstrate initial compliance with 9.4 of this regulation no later than June 27, 2009.] 9.5.2[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.2 of this regulation[. The owner or operator] shall conduct a performance test to demonstrate initial compliance with the applicable emission limitations in 9.4.1.2 of this regulation. The owner or operator shall conduct the performance testing in accordance with the requirements in 3.7 of this regulation and permit conditions established in 9.11.2 of this regulation. 9.5.3[Reserved] 9.5.4[Reserved] 9.6Monitoring requirements. 9.6.1[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.1 of this regulation[. The owner or operator] shall demonstrate ongoing compliance with the requirements of 9.4.1.1 of this regulation by recording the date and time of each sterilization cycle, whether each sterilization cycle contains a full load of items, and if not, a statement from a hospital central services staff, a hospital administrator, or a physician that it was medically necessary. 9.6.2[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.1 of this regulation[. The owner or operator] shall demonstrate ongoing compliance with the requirements of 9.4.1.2 of this regulation by recording the date and time of each sterilization cycle and by conducting monitoring in accordance to the permit conditions established under 9.11.2 of this regulation. 9.6.3On the first day of each month, the owner or operator of an affected source subject to 9.0 of this regulation shall calculate and record the previous month ethylene oxide consumption and the rolling 12-month total ethylene oxide consumption. 9.7Notification requirements. 9.7.1[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.1 of this regulation [shall comply with 9.7.1.1 through 9.7.1.3 of this regulation]. 9.7.1.1The owner or operator shall submit an initial notification of compliance status, signed by a responsible official who shall certify its accuracy, providing the information required in 9.7.1.1.1 through 9.7.1.1.7 of this regulation. 9.7.1.1.1The name and address of the owner or operator. 9.7.1.1.2The address (i.e., physical location) of the affected source. 9.7.1.1.3An identification of the standard and other applicable requirements in 9.0 of this regulation that serve as the basis of the notification and the source’s compliance date. 9.7.1.1.4A brief description of the sterilization facility, including the number of ethylene oxide sterilizers, the size (volume) of each, the number of aeration units, if any, the amount of annual ethylene oxide usage at the facility, the control technique used for each sterilizer, if any, and typical number of sterilization cycles per year. 9.7.1.1.5A statement that the affected source is an area source. 9.7.1.1.6A statement certifying that the owner or operator is sterilizing full loads of items having a common aeration time, except under medically necessary circumstances, and is in compliance with all other applicable requirements in 9.4 of this regulation. 9.7.1.1.7A statement that all information contained in the notification is true and accurate. 9.7.1.2The owner or operator [of a new or reconstructed affected source] shall submit the initial notification of compliance status to the Department no later than [February 11, 2009 or 120 180] calendar days after the compliance date of the affected source[, whichever is later]. [9.7.1.3The owner or operator of an existing affected source shall submit the initial notification of compliance status to the Department no later than June 27, 2009.] 9.7.2[For affected sources electing to comply with The owner or operator of an affected source subject to] 9.4.1.2 of this regulation [shall comply with 9.7.2.1 and 9.7.2.2 of this regulation]. 9.7.2.1The owner or operator shall submit an initial notification of compliance status no later than 60 calendar days following completion of the compliance demonstration required in 9.5.2 of this regulation in accordance with 3.9.8 of this regulation. The initial notification of compliance status shall be signed by the responsible official who shall certify its accuracy, attesting to whether the source is in compliance with applicable provisions of 9.4 of this regulation. 9.7.2.2The owner or operator shall submit a notification of a performance test in accordance with 3.9.5 of this regulation. 9.7.3In addition to submitting the initial notification of compliance status to the Department, the owner or operator of an affected source subject to 9.0 of this regulation shall submit the initial notification of compliance status to the EPA [Regional Office specified in 3.13.1 of this regulation. 9.7.4The owner or operator shall also submit a copy of the initial notification of compliance status to EPA's Office of Air Quality Planning and Standards. The owner or operator shall send this notification via either of the following: 9.7.4.1Electronic-mail to CCG-ONG@EPA.GOV or 9.7.4.2U.S. mail or other mail delivery service to U.S. EPA, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Attn: Hospital Sterilizers Project Leader, Research Triangle Park, NC 27711]. 9.8Recordkeeping requirements. 9.8.1The owner or operator of an affected source subject to 9.0 of this regulation shall keep the records specified in 9.8.1.1 through 9.8.1.9 of this regulation. 9.8.1.1A copy of the initial notification of compliance status that the owner or operator submitted to comply with 9.7 of this regulation. 9.8.1.2Records required by 9.6.1 of this regulation, if applicable, for each sterilization unit not equipped with an air pollution control device. 9.8.1.3Records required by 9.6.2 of this regulation, if applicable, for each sterilization unit equipped with an air pollution control device. 9.8.1.4Records associated with the calculation and results of the rolling 12-month total ethylene oxide consumption determined on the first day of each month as specified in 9.6.3 of this regulation. 9.8.1.5Records to document that the inspection and maintenance required by the startup, shutdown, and malfunction plan in 9.4.3 of this regulation have taken place. The record can take the form of a checklist and should identify the equipment inspected, the date of inspection, a brief description of the working condition, and any actions taken to correct deficiencies found during the inspection. 9.8.1.6Records of all maintenance performed on the affected source. 9.8.1.7Records of the occurrence, duration, and cause (if known) of each malfunction of the equipment. 9.8.1.8Records of actions taken during periods of malfunction when such actions are inconsistent with the startup, shutdown, and malfunction plan. 9.8.1.9Other records, which may take the form of checklists, necessary to demonstrate conformance with the provisions of the startup, shutdown, and malfunction plan in 9.4.3 of this regulation. 9.8.2The owner or operator shall keep records in a form suitable and readily available for expeditious review. 9.8.3The owner or operator shall keep each record for 5 years following the date of each record. 9.8.4The owner or operator shall keep each record onsite for at least 2 years after the date of each record. The owner or operator may keep the records offsite for the remaining 3 years. 9.9Reporting requirements. 9.9.1The owner or operator of each affected source subject to 9.0 of this regulation shall fulfill all reporting requirements outlined in 3.0 and 9.9 of this regulation, according to the applicability of 3.0 of this regulation, as identified in Table 9-1 of this regulation. All reports shall be submitted to the Department and to the EPA Regional Office specified in 3.13.1 of this regulation. 9.9.2At a minimum, the owner or operator of an affected source subject to 9.0 of this regulation shall submit in writing the following reports. 9.9.2.1Startup, shutdown, and malfunction reports in accordance with 3.10.4.5 of this regulation. 9.9.2.2No later than the first day of February of each year the consumption of ethylene oxide for the previous calendar year as determined in 9.6.3 of this regulation. 9.9.3At a minimum, the owner or operator of an affected source[, which elected to comply with subject to] 9.4.1.2 of this regulation[,] shall submit in writing the following reports. 9.9.3.1The results of performance tests in accordance with 3.10.4.2 of this regulation. 9.9.3.2The excess emissions and continuous monitoring system performance report and summary report in accordance with 3.10.5 of this regulation. 9.10Applicability of general provisions. The owner or operator of an affected sources subject to the provisions of 9.0 of this regulation shall also be in compliance with the provisions in 3.0 of this regulation, that are applicable to 9.0 as specified in Table 9-1 of this regulation. 9.11Additional compliance requirements. 9.11.1[If tT]he owner or operator of an affected source [elects to comply with subject to] 9.4.1.2 of this regulation[, the owner or operator] shall: 9.11.1.1Submit to the Department a startup, shutdown and malfunction plan consistent with the requirements of 9.4.3 of this regulation. 9.11.1.2Submit to the Department recommended performance testing procedures and protocols necessary to demonstrate compliance with the requirements of 9.4.1.2 of this regulation. 9.11.1.3Submit to the Department an application under 7 DE Admin. Code 1102 of State of Delaware “Regulations Governing the Control of Air Pollution” that proposes monitoring, recordkeeping and reporting requirements needed to demonstrate ongoing compliance with the provisions of 9.0 of this regulation. 9.11.2The operation of the control technology shall be made federally enforceable in a permit issued pursuant to 7 DE Admin. Code 1102 or 1130 of State of Delaware “Regulations Governing the Control of Air Pollution.” 9.12[Reserved] DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 3506(a)(1) (24 Del.C. 3506(a)(1)) 24 DE Admin. Code 3500 3500 Board of Examiners of Psychologists 7.0Supervised Experience The types of supervision pertinent to licensure as a psychologist or registration as a psychological assistant are comprised of three types of supervisory experiences: 7.1Predoctoral internship supervision as required by doctoral programs in psychology. The predoctoral internship consists of a minimum of 1,500 hours of actual work experience completed in not less than 48 weeks, nor more than 104 weeks. At least 50% of the predoctoral supervised experience must be in clinical services such as treatment, consultation, assessment, and report writing, with at least 25% of that time devoted to face-to-face direct patient/client contact. No more than 25% of time shall be allocated for research. 7.2Supervised Ppostdoctoral supervision experience is required for initial licensure as a psychologist. Postdoctoral experience must consist of 1,500 hours of actual work experience. This experience is tomust be completed in not less than one calendar year and not more than three calendar years, save for those covered under 24 Del.C. §3519(e). For those individuals the accrual of 1,500 hours of supervised postdoctoral experience must take place within six calendar years from the time of hire. [There is to must be one hour of face-to-face supervision for every one to 1 to 10 hours of clinical work.] At least 25% of the [1500 hours of] This experience shall consist of at least twenty-five percent and not more than sixty percent of the time be devoted weekly to direct service per week in the area of the applicant’s academic training. “Direct service” consists of any activity defined as the practice of psychology or the supervision of graduate students engaging in activities defined as the practice of psychology. [There must be one hour of face-to-face supervision for every one to 10 hours of clinical work.] Not more than 25% of this supervision can be done by other licensed mental health professionals besides psychologists. The purpose of the postdoctoral supervision is to train psychologists to practice at an independent level. This experience should be an organized educational and training program with explicit goals and a clear plan to meet those goals. There should be regular written evaluations based on this program. 7.3Supervision of psychological assistants is required at the frequency of one hour of face-to-face supervision for every 1-10 hours of clinical work by the psychological assistants, as required by Section 9 of the Rules and Regulations. An individual registered as a psychological assistant may or may not be receiving supervision in pursuit of independent licensure as a psychologist. 7.4A psychologist providing either postdoctoral supervision or supervision of psychological assistants must have been in practice for two years post licensure in this or any other [state jurisdiction] without having been subject to any disciplinary actions. He/she must provide 24-hour availability to both the supervisee and the supervisee’s clients, or ensure that adequate alternative coverage is provided in the supervisor’s absence. The supervising psychologist shall have sufficient knowledge of all clients including face-to-face contact when necessary and must be employed or under contract in the setting where the clinical service takes place and the supervision must occur within that setting. 2 DE Reg. 776 (11/1/98) 6 DE Reg. 1338 (4/1/03) PUBLIC SERVICE COMMISSION Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a)) 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standard (Opened August 23, 2005) DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles Statutory Authority: 21 Delaware Code, Sections 302, 2603, 2611 and 2621 (21 Del.C. §§302, 2603, 2611 and 2621) 21 DE Admin. Code 2213 2213 Emergency Vehicle Operators, Age of EVO Permit Holders