Delaware Register of Regulations Issue Date: January 1, 2007 IN THIS ISSUE: Regulations: Proposed Final Governor: Executive Orders General Notice Calendar of Events & Hearing Notices Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains all documents required to be published, and received, on or before December 15, 2006. “Caesar Rodney’s Ride,” by Jack Lewis on display at Legislative Hall, Dover, Delaware INFORMATION ABOUT THE DELAWARE 1075 REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 10 DE Reg. 524-527 (09/01/06) Refers to Volume 10, pages 524-527 of the Delaware Register issued on September 1, 2006. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME February 1 January 15 4:30 p.m. March 1 February 15 4:30 p.m. April 1 March 15 4:30 p.m. May 1 April 16 4:30 p.m. June 1 May 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Kathleen Morris, Administrative Specialist I; Georgia Roman, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Lady Johnson, Administrative Specialist I; Rochelle Yerkes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Senior Legislative Attorney; Deborah J. Messina, Print Shop Supervisor; Don Sellers, Printer; Teresa Porter, Printer. TABLE OF CONTENTS Cumulative Tables............................................................................................................................. ............ 1079 PROPOSED DEPARTMENT OF AGRICULTURE Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations.............................................................. ............ 1086 Nutrient Management 1201 Nutrient Management Certification Regulations........................................................... ............ 1098 DEPARTMENT OF EDUCATION Office of the Secretary 101 Delaware Student Testing Program................................................................................ ............ 1103 1001 Participation in Extra Curricular Activities..................................................................... ............ 1112 Professional Standards Board 360 Certification Early Childhood Special Education Teacher.............................................. ............ 1114 DEPARTMENT OF FINANCE Division of Revenue 301 Publication of Tax Information........................................................................................ ............ 1116 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance DSSM: 20350.4 Multiple Transfers........................................................................................ ............ 1117 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1113 Open Burning................................................................................................................ ............ 1118 DEPARTMENT OF STATE Division of Professional Regulation 200 Board of Landscape Architects....................................................................................... ............ 1124 700 Board of Chiropractic...................................................................................................... ............ 1126 1900 Board of Nursing........................................................................................................... ............ 1127 3300 Board of Veterinary Medicine....................................................................................... ............ 1137 DEPARTMENT OF TRANSPORTATION Division of Planning Utilities Manual Regulations.................................................................................................. ............ 1139 FINAL DEPARTMENT OF EDUCATION Office of the Secretary 201 School Shared Decision Making Transition Planning Grants; 205 District Shared ......Decision Making Transition Planning Grants; 210 Approval of School Improvement ......Grants; 201 School Shared Decision Making Transition Planning Grants..................... ............ 1140 247 Delaware Post Secondary Internship Program at The Washington Center (TWC) for ......Internships and Academic Seminars............................................................................... ............ 1142 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel)......... ............ 1143 1078 TABLE OF CONTENTS Professional Standards Board 1572 Standard Certificate Teacher of Students Who Are Deaf or Hard of Hearing.............. ............1579 Standard Certificate Teacher of Students With Visual Impairments............................. ............ 1144 1147 DEPARTMENT OF JUSTICE Division of Fraud and Consumer Protection Identity Theft Passports......................................................................................................... ............ 1151 DEPARTMENT OF STATE Division of Professional Regulation 500 Board of Podiatry............................................................................................................ ............3100 Delaware Board of Funeral Services............................................................................ ............4400 Delaware Manufactured Home Installation Board........................................................ ............Public Service Commission Regulation Docket No. 49, Creation of a Competitive Market for Retail Electric ..... Supply Service................................................................................................................ ............ 1153 1154 1156 1160 GOVERNOR Executive Order No. Ninety-Three, Amendment To Executive Order Number Eighty-Eight Regarding The Delaware Science And Technology Council....................................................... ............ 1162 GENERAL NOTICES DEPARTMENT OF FINANCE Division of Revenue TIM 2006-05; An Act To Amend Title 30 Relating To Sports Officials................................... ............ 1163 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Thoroughbred Racing Commission, Notice of Public Hearing..................................................... ............ 1164 Nutrient Management Section, Notice of Public Comment Period.............................................. ............ 1164 Department of Education, Notice of Monthly Meeting..................................................................... ............ 1164 Dept. of Finance, Div. of Revenue, Notice of Public Comment Period............................................. ............ 1165 Dept. of Health and Social Services, Div. of Medicaid and Med. Assist., Notice of Pubic Comment Period Multiple Transfers ....................................................................................................................... ............ 1165 DNREC, Div. of Air and Waste Management, Notice of Public Hearing............................................ ............ 1165 Dept. of State, Div. of Professional Regulation Board of Landscape Architects, Notice of Public Hearing .......................................................... ............ 1166 Board of Chiropractic, Notice of Public Hearing........................................................................... ............ 1166 Board of Nursing, Notice of Public Hearing................................................................................. ............ 1167 Board of Veterinary Medicine, Notice of Public Hearing.............................................................. ............ 1167 Dept. of Transportation, Div. of Planning, Notice of Public Comment Period and Workshop......... ............ 1167 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). COUNCIL ON POLICE TRAINING Council on Police Training........................................................................................ ......10 DE Reg. 341 (Final) DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY 201 Delaware Manufactured Home Relocation Trust Fund Regulations.......... ............10 DE Reg. 928 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION 2006 Delaware State Fire Prevention Regulations.................................................. ......10 DE Reg. 342 (Final) DEPARTMENT OF AGRICULTURE Delaware Agriculture Lands Preservation Foundation 1301 Regulations Governing the Delaware Agricultural Forestlands Preservation Program ..................................................................................................... ......10 DE Reg. 9 (Prop.) 10 DE Reg. 825 (Final) Delaware Forest Service 402 State Forest Regulations ........................................................................... ......10 DE Reg. 88 (Final) Harness Racing Commission 501 Harness Racing Rules and Regulations..................................................... ......10 DE Reg. 217 (Prop.) 10 DE Reg. 393 (Prop.) 10 DE Reg. 980 (Final) Sections 3.0, 5.0 and 8.0............................................................................ ......10 DE Reg. 931 (Prop.) 502 Delaware Standardbred Breeders Fund Regulations ................................ ......10 DE Reg. 982 (Final) Nutrient Management Commission 1201 Nutrient Management Certification Regulations ...... ..... ....................... ......10 DE Reg. 411 (Prop.) 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations........................................................................................... ......10 DE Reg. 411 (Prop.) Pesticides Management 601 Pesticide Rules and Regulations................................................................ ......10 DE Reg. 236 (Prop.) 10 DE Reg. 833 (Final) Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations.......................................... ......10 DE Reg. 27 (Prop.) 10 DE Reg. 546 (Final) DEPARTMENT OF EDUCATION Office of the Secretary 101 Delaware Student Testing Program............................................................ ......10 DE Reg. 245 (Prop.) 10 DE Reg. 676 (Final) 103 Accountability for Schools, Districts and the State...................................... ......10 DE Reg. 89 (Final) 201 School Shared Decision Making Transition Planning Grants; 205 District Shared Decision Making Transition Planning Grants; 210 Approval of SchoolImprovement Grants.................................................................................... ......10 DE Reg. 773 (Prop.) 247 Delaware Post Secondary Internship Program at the Washington Center (TWC) for Interships and Academic Seminars............................................ ......10 DE Reg. 779 (Prop.) 284 Licensure and Certification of Public Education Employees in the Departmment............................................................................................... ......10 DE Reg. 600 (Prop.) 10 DE Reg. 983 (Final) 290 Approval of Teacher Education Programs.................................................. ......10 DE Reg. 835 (Final) CUMULATIVE TABLES 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education..................................................................................................... ..... 10 DE Reg. 850 (Final) 314 Certification Administrative Principal or Assistant Principal Administrator of Adult and Adult Alternative Education ........................................................ ..... 10 DE Reg. 613 (Prop.) (Repealed)................................................................................................... ..... 10 DE Reg. 984 (Final) 320 Certification Adult Education Teacher ........................................................ ..... 10 DE Reg. 613 (Prop.) (Repealed)................................................................................................... ..... 10 DE Reg. 984 (Final 371 Certification Teacher of the Hearing Impaired............................................. ..... 10 DE Reg. 781 (Prop.) 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel).................................................................................................... ..... 10 DE Reg. 785 (Prop.) 398 Degree Granting Institutions of Higher Education ...................................... ..... 10 DE Reg. 417 (Prop.) 399 Approval of Teacher Education Programs ................................................. ..... 10 DE Reg. 428 (Prop.) 502 Alignment of Local School District Curricula to the State Content Standards... 10 DE Reg. 344 (Final) 503 Instructional Program Requirements .......................................................... .....10 DE Reg. 615 (Prop.) 10 DE Reg. 985 (Final) 505 High School Graduation Requirements and Diplomas................................ ..... 10 DE Reg. 30 (Prop.) 10 DE Reg. 547 (Final) 745 Criminal Background Check for Public School Related Employment.......... ..... 10 DE Reg. 253 (Prop.) 10 DE Reg. 684 (Final) 885 Safe Management and Disposal of Chemicals in the Delaware Public School System ..................................................................................... ............10 DE Reg. 952 (Prop.) 910 Delaware General Educational Development (GED) Endorsement .......... .....10 DE Reg. 442 (Prop.) 10 DE Reg. 862 (Final) 915 James H. Groves High School ................................................................... ..... 10 DE Reg. 617 (Prop.) 10 DE Reg. 988 (Final) 1103 Standards for School Bus Chassis and Bodies for Buses Placed in Production on or after January 1, 2007........................................................ ..... 10 DE Reg. 258 (Prop.) 10 DE Reg. 690 (Final) Professional Standards Board 1511 Issuance and Renewal of Continuing License........................................... ..... 10 DE Reg. 97 (Final) 1521 Standard Certificate Agriculture Teacher................................................... ..... 10 DE Reg. 100 (Final) 1522 Standard Certificate Business Education Teacher..................................... ..... 10 DE Reg. 100 (Final) 1525 Standard Certificate English Teacher........................................................ ..... 10 DE Reg. 100 (Final) 1526 Standard Certificate English to Speakers of Other Languages................. ..... 10 DE Reg. 34 (Prop.) 10 DE Reg. 208(Errata) 10 DE Reg. 388(Errata) 10 DE Reg. 995 (Final) 1527 Endorsement English to Speakers of Other Languages (ESOL) Teacher. ..... 10 DE Reg. 38 (Prop.) (Repealed)................................................................................................... ..... 10 DE Reg. 999 (Final) 1528 Standard Certificate World Language Teacher Comprehensive................ ..... 10 DE Reg. 100 (Final) 1534 Standard Certificate Mathematics Teacher Secondary.............................. ..... 10 DE Reg. 100 (Final) 1537 Standard Certificate Bilingual Teacher K to 12 ......................................... ..... 10 DE Reg. 39 (Prop.) 10 DE Reg. 693 (Final) 1539 Standard Certificate Social Studies Teacher Secondary........................... ..... 10 DE Reg. 100 (Final) 1540 Standard Certificate Science Teacher Secondary..................................... ..... 10 DE Reg. 100 (Final) 1541 Standard Certificate Mathematics Teacher Middle Level........................... ..... 10 DE Reg. 100 (Final) 1542 Standard Certificate Science Teacher Middle Level.................................. ..... 10 DE Reg. 100 (Final) 1543 Standard Certificate Art Teacher Comprehensive..................................... ..... 10 DE Reg. 100 (Final) 1548 Standard Certificate Music Teacher Comprehensive................................. ..... 10 DE Reg. 100 (Final) 1551 Standard Certificate Physical Education Teacher Comprehensive............ ..... 10 DE Reg. 100 (Final) 1554 Standard Certificate Reading Specialist.................................................... ..... 10 DE Reg. 100 (Final) 1556 Standard Certificate Elementary Teacher (Grades K-6)............................ ..... 10 DE Reg. 100 (Final) 1558 Standard Certificate Bilingual Teacher (Spanish) Primary and Middle...... ..... 10 DE Reg. 44 (Prop.) 10 DE Reg. 695 (Final) 1561 Standard Certificate Teacher Exceptional Children Special EducationElementary, Repeal...................................................................................... ..... 10 DE Reg. 788 (Prop.) CUMULATIVE TABLES 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary................................................................................................... ......10 DE Reg. 790 (Prop.) 1570 Standard Certificate Early Childhood Teacher Special Education ........... ......10 DE Reg. 45 (Prop.) 10 DE Reg. 211(Errata) 10 DE Reg. 696 (Final) 1579 Standard Certificate Teacher of the Visually Impaired ............................. ......10 DE Reg. 623 (Prop.) DEPARTMENT OF FINANCE Division of Revenue Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs........................................................................................... ......10 DE Reg.1502 (Prop.) 10 DE Reg. 699 (Final) 301Publication of Tax Information...................................................................... ......10 DE Reg. 794 (Prop.) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Long Term Care Residents Protection Nursing Home Survey Process.......................................................................... ......10 DE Reg. 6 (Emer.) Division of Medicaid and Medical Assistance Assisted Living Medicaid 1915(c) Waiver ......................................................... ......10 DE Reg. 56 (Prop.) 10 DE Reg. 1001 (Final) Attendant Services Program ............................................................................. ......10 DE Reg. 954 (Prop.) Diamond State Health Plan 1115 Demonstration Waiver .................................. ......10 DE Reg. 55 (Prop.) 10 DE Reg. 549 (Final) Title XIX Medicaid State Plan, Supplement 3 to Attachment 2.6-A, Pg. 1, Reasonable Limits on Amounts for Necessary Medical or Remedial Care Not Covered Under Medicaid............................................................... ......10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) Title XIX, Transfer of Assets for Less Than Fair Market Value Made on or After February 8, 2006......................................................................................... ......10 DE Reg. 955 (Prop.) Title XXI Delaware Healthy Children State Program......................................... ......10 DE Reg. 444 (Prop.) 10 DE Reg. 865 (Final) DSSM: 20310 Long Term Care Medicaid ............................................................... ......10 DE Reg. 553 (Final) 20330.4, Retirement Funds......................................................................... ......10 DE Reg. 795 (Prop.) 20330.4.1, Annuities................................................................................... ......10 DE Reg. 798 (Prop.) 20350 Transfer of Assets ........................................................................... ......10 DE Reg. 955 (Prop.) 20350.10, Long Term Care Medicaid, Exceptions to the Transfer of Assets ....10 DE Reg. 50 (Prop.) 10 DE Reg. 558 (Final) 20400.5 Irrevocable Trusts......................................................................... ......10 DE Reg. 955 (Prop.) 20400.9.1.1 Treatment of Special Needs Trusts........................................ ......10 DE Reg. 965 (Prop.) 20910.1 Long Term Care, Institutionalized Spouse ................................... ......10 DE Reg. 701 (Final) 20950 Initial Eligibility Determinations......................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) 20970 Fair Hearings.................................................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) 30000 Delaware Prescription Assistance Program .................................... ......10 DE Reg. 446 (Prop.) 10 DE Reg. 866 (Final) 50100 Services Provided by the Chronic Renal Disease Program............. ......10 DE Reg. 347 (Final) Division of Social Services DSSM: 3000 Temporary Assistance for Needy Families (TANF)............................ ......10 DE Reg. 286 (Prop.) 3001 Definitions.......................................................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3006 TANF Employment and Training Program......................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3008 Eligibility of Certain Minors................................................................. ......10 DE Reg. 283 (Prop.) CUMULATIVE TABLES 3008 Eligibility of Certain Minors. ............................................................ ..... 10 DE Reg. 706 (Final) 3012 School Attendance............................................................................. ..... 10 DE Reg. 283 (Prop.) .............................................................................................................. ..... 10 DE Reg. 706 (Final) 3031 Work for Your Welfare......................................................................... ..... 10 DE Reg. 283 (Prop.) .............................................................................................................. ..... 10 DE Reg. 706 (Final) 9013.1 Household Definition ....................................................................... .....10 DE Reg. 626 (Prop.) 10 DE Reg. 1003 (Final) 9085 Reporting Changes ............................................................................ ..... 10 DE Reg. 57 (Prop.) 10 DE Reg. 560 (Final) 11000 Child Care Subsidy Program............................................................. ..... 10 DE Reg. 447 (Prop.) 10 DE Reg. 564 (Final) 10 DE Reg. 1007 (Final) 15120 Financial Eligibility............................................................................. ..... 10 DE Reg. 143 (Final) 16230.1.2 Self-Employment Income............................................................ ..... 10 DE Reg. 143 (Final) 17300.3.2 Self-Employment Income............................................................ ..... 10 DE Reg. 143 (Final) 20210.16 Self Employment......................................................................... .....10 DE Reg. 143 (Final) 20620.2 Necessary Medical Care Expenses............................................... ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) 20995.1 Post-Eligibility Deductions.............................................................. ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants ................................................................................................. ..... 10 DE Reg. 60 (Prop.) 10 DE Reg. 734 (Final) 610 Automobile Premium Consumer Comparison ................................................... ..... 10 DE Reg. 62 (Prop.) 10 DE Reg. 566 (Final) 704 Homeowners Premium Consumer Comparison ............................................... ..... 10 DE Reg. 967 (Prop.) 1215 Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities.............................................................................................. ..... 10 DE Reg. 968 (Prop.) 1501 Medicare Supplement Insurance Minimum Standards.................................... ..... 10 DE Reg. 802 (Prop.) DEPARTMENT OF JUSTICE Division of Fraud and Consumer Protection Debt Management Services............................................................................... ..... 10 DE Reg. 804 (Prop.) Identity Theft Passports...................................................................................... ..... 10 DE Reg. 811 (Prop.) DEPARTMENT OF LABOR Division of Employment and Training 106 Apprenticeship and Training Regulations ................................................... .....10 DE Reg. 64 (Prop.) (to be transferred to the Division of Industrial Affairs) 10 DE Reg. 458 (Prop.) Division of Industrial Affairs 106 Apprenticeship and Training Regulations ................................................... .....10 DE Reg. 1021(Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Office of the Secretary 106 Environmental Standards for Eligible Energy Resources............................ ..... 10 DE Reg. 350 (Final) Division of Air and Waste Management 1124 Control of Volatile Organic Compound Emissions, Section 46.................. ..... 10 DE Reg. 813 (Prop.) 10 DE Reg. 867 (Final) 1141 Limiting Emissions of VOC from Consumer and Commercial Products . ..... 10 DE Reg. 465 (Prop.) 10 DE Reg. 868 (Final) 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulations..................... .....10 DE Reg. 508 (Prop.) 10 DE Reg. 1022 (Final) 1302 Regulations Governing Hazardous Waste................................................ ..... 10 DE Reg. 353 (Final) CUMULATIVE TABLES Division of Fish and Wildlife 3200 Horseshoe Crabs (3203, 3207, 3210, 3211 and 3214; 3215)................... ......10 DE Reg. 519 (Prop.) 10 DE Reg. 1029 (Final) 3536 Fish Pot Requirements (Formerly Tidal Finfish Reg. 24).......................... ......10 DE Reg. 629 (Prop.) 10 DE Reg. 1035 (Final) 3700 Shellfish Regulations (3711, 3712 and 3755) .......................................... ......10 DE Reg. 522 (Prop.) 10 DE Reg. 1034 (Final) Division of Soil and Water 5101 Sediment and Stormwater Regulations (Exempt from A.P.A.) ................. ......10 DE Reg. 735 (Final) 5102 Regulation Governing Beach Protection and the Use of Beaches........... ......10 DE Reg. 870 (Final) Division of Water Resources 7402 Shellfish Sanitation Regulations.............................................................. ......10 DE Reg. 145 (Final) Total Maximum Daily Loads (TMDLs) 7412 Chester River Watershed................................................................... ......10 DE Reg. 1041 (Final) 7413 Choptank River Watershed................................................................ ......10 DE Reg. 1041 (Final) 7414 Marshyhope Creek Watershed.......................................................... ......10 DE Reg. 1041 (Final) 7415 Pocomoke River Watershed.............................................................. ......10 DE Reg. 1041 (Final) 7416 Army Creek Watershed...................................................................... ......10 DE Reg. 305 (Prop.) 10 DE Reg. 1042 (Final) 7417 Blackbird Creek Watershed............................................................... ......10 DE Reg. 1037 (Final) 7418 Broadkill River Watershed.................................................................. ......10 DE Reg. 1038 (Final) 7419 Cedar Creek Watershed..................................................................... ......10 DE Reg. 1038 (Final) 7420 Dragon Run Creek Watershed........................................................... ......10 DE Reg. 305 (Prop.) 10 DE Reg. 1042 (Final) 7421 Leipsic River Watershed.................................................................... ......10 DE Reg. 1037 (Final) 7422 Little Creek Watershed....................................................................... ......10 DE Reg. 1037 (Final) 7423 Mispillion River Watershed 10 DE Reg. 1038 (Final) 7424 Red Lion Creek Watershed................................................................ ......10 DE Reg. 305 (Prop.) 10 DE Reg. 1042 (Final) 7425 Smyrna River Watershed 10 DE Reg. 1037 (Final) 7426 St. Jones River Watershed 10 DE Reg. 1037 (Final) 7427 Appoquinimink River Watershed, Bacteria for, (formerly 7403)......... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1039 (Final) 7428 Murderkill River Watershed................................................................ ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) 7429 Inland Bays Drainage Basin ................................................. ...... .... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) 7430 Chesapeake Bay Drainage Basin...................................................... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies 1300 Board of Examiners of Private Investigators and Private Security Agencies .10 DE Reg. 971 (Prop.) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 101 Day Care Centers....................................................................................... ......10 DE Reg. 308 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 500 Board of Podiatry........................................................................................ ......10 DE Reg. 309 (Prop.) 700 Board of Chiropractic.......................................... ...... .......................... ......10 DE Reg. 146 (Final) 1400 Board of Electrical Examiners .................................................................. ......10 DE Reg. 631 (Prop.) 1770 Respiratory Care Advisory Council........................................................... ......10 DE Reg. 354 (Final) 1800 Board of Plumbing Examiners ................................................................. ......10 DE Reg. 65 (Prop.) 2500 Board of Pharmacy................................................................................... ......10 DE Reg. 311 (Prop.) CUMULATIVE TABLES Section 8.0, Requirements for Obtaining a Permit to Distribute Drugs on a Wholesale Basis........................................................................... .....10 DE Reg. 972 (Prop.) Section 9.0, Hospital Pharmacy................................................................... ..... 10 DE Reg. 821 (Prop.) 2600 Examining Board of Physical Therapists................................................... ..... 10 DE Reg. 318 (Prop.) 10 DE Reg. 741 (Final) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals ......................................................................... ..... 10 DE Reg. 67 (Prop.) Section 6.0, Renewal of Licensure.............................................................. ..... 10 DE Reg. 871 (Final) Sections 1.0 through 9.0, Reorganized and Renumbered........................... ..... 10 DE Reg. 872 (Final) 3100 Delaware Board of Funeral Services ........................................................ ..... 10 DE Reg. 528 (Prop.) 3300 Board of Veterinary Medicine ................................................................... ..... 10 DE Reg. 531 (Prop.) 10 DE Reg. 884 (Final) 3600 Board of Registration of Geologists.......................................................... .....10 DE Reg. 68 (Prop.) 10 DE Reg. 567 (Final) 3900 Board of Clinical Social Work Examiners.................................................. ..... 10 DE Reg. 323 (Prop.) 10 DE Reg. 886 (Final) 4400 Delaware Manufactured Home Installation Board..................................... ..... 10 DE Reg. 331 (Prop.) 10 DE Reg. 634 (Prop.) 5300 State Board of Massage and Bodywork ................................................... ..... 10 DE Reg. 71 (Prop.) 10 DE Reg. 575 (Final) Office of the State Bank Commissioner 1101 Election to be Treated for Tax Purposes as a "Subsidiary Corporation" of a DE Chartered Banking Organization or Trust Company, National Bank having its Principle Office in Delaware, or Out-of-State Bank that Operates Resulting Branch in Delaware ..................................................................................... ..... 10 DE Reg. 643 (Prop.) 1109 Instructions for Calculation of Employment Tax Credits ........................... ..... 10 DE Reg. 643 (Prop.) 1113 Election by a Subsidiary Corporation of a Banking Organization or Trust Company to be Taxed in Accordance with Chapter 19 of Title 30 .............. ..... 10 DE Reg. 643 (Prop.) 1114 Alternative Franchise Tax .......................................................................... ..... 10 DE Reg. 643 (Prop.) Public Service Commission Regulation Docket No. 49, Creation of a Competitive Market for Retail Electric Supply Service ..................................................................... ..... 10 DE Reg. 664 (Prop.) Regulation Docket No. 50, Proposed Adoption of “Electric Service Reliability and Quality Standards” ...................................................................................... ..... 10 DE Reg. 74 (Prop.) 10 DE Reg. 576 (Final) Regulation Docket No. 56, Proposed Adoption of “Rules to Implement Renewable Energy Portfolio Standards”...................................................... ..... 10 DE Reg. 151 (Final) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy Development Related Improvements Requiring New Rights-of-Way................. ..... 10 DE Reg. 892 (Final) Office of Motor Fuel Tax Administration 2401 Regulations for the Office of Retail Gasoline Sales.................................. ..... 10 DE Reg. 542 (Prop.) GOVERNOR’S OFFICE Executive Orders: Executive Order No. 87, Establishing The State Employees’ Charitable Campaign .................................................................................................... ..... 10 DE Reg. 158 Executive Order No. 88, Recognizing and Establishing the Delaware Science and Technology Council............................................................................... ..... 10 DE Reg. 366 Executive Order No. 89,Creating the Governor’s Consortium on Hispanic Issues . 10 DE Reg. 578 Executive Order No. 90, Establishing The Recycling Public Advisory Council.. ..... 10 DE Reg. 903 Executive Order No. 91, Amending Executive Order No. 84.............................. ..... 10 DE Reg. 1067 CUMULATIVE TABLES Executive Order No. 92, Authorizing The Establishment Of A Special Fund To Assist Any Delaware National Guard Member Or Delaware-Based Reservist Who May Be Ordered To Active Duty......................................................... ......10 DE Reg. 1067 Appointments: ............................................................................................................. ......10 DE Reg. 368 10 DE Reg. 905 PROPOSED REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DEPARTMENT OF AGRICULTURE THOROUGHBRED RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 10005; (3 Del.C. §10005) 3 DE Admin. Code 1001 PUBLIC NOTICE The Delaware Thoroughbred Racing Commission, pursuant to 3 Del.C. §10005, proposes to amend the following rules: • Rule 6.0 to better describe license structure and requirements. • Rule 11.1.1 to require eligibility at the time of entry and starting of a race; and • Rule 15 to clarify policy and procedure surrounding the use, testing and penalty for prohibited substances and impermissible levels of acceptable substances. The Commission will hold a public hearing on the proposed rule change on February 27, 2007. Written comments may be sent via e-mail to: john.wayne@state.de.us, or via regular U.S. postal delivery to: John F. Wayne, Executive Director, Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, DE 19804. 1001 Thoroughbred Racing Rules and Regulations (Break in Continuity of Sections) 6.0 Owners 6.1 Registration Required Licensing Requirements for Owners: 6.1.1 No horse may be entered or raced in Delaware unless the Owner or each of the part Owners has been granted a current Owner's registration by the Commission, except that for good cause shown, a temporary registration may be issued which will be valid for entering and racing pending administrative processing and final action by the Commission on such Owner's registration application, but in no event shall such temporary registration be considered valid longer than two weeks subsequent to the date such registration application was PROPOSED REGULATIONS submitted. Each person who has a five percent or more ownership or beneficial interest in a horse is required to be licensed. 6.1.2 An applicant for an owner's license shall own or lease a horse which is eligible to race, registered with the racing secretary and under the care of a trainer licensed by the Commission. An owner shall notify the stewards of a change in trainer of his/her horse. A horse shall not be transferred to a new trainer after entry. 6.1.3 A horse owner of any age may apply for an owner's license. If younger than 18 years of age, an applicant for an owner's license shall submit a notarized affidavit from his/her parent or legal guardian stating that the parent or legal guardian assumes responsibility for the applicant's financial, contractual and other obligations relating to the applicant's participation in racing. 6.1.4 If the Commission or its designee has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement. 6.1.5 Each licensed owner is responsible for disclosure to the Commission or its designee of the true and entire ownership of each of his/her horses registered with the racing secretary. Any change in ownership or trainer of a horse registered with the racing secretary shall be approved by the stewards. Each owner shall comply with all licensing requirements. 6.1.6 The Commission or its designee may refuse, deny, suspend or revoke an owner's license for the spouse or member of the immediate family or household of a person ineligible to be licensed as an owner, unless there is a showing on the part of the applicant or licensed owner, and the Commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to circumvent the intent of a Commission rule or ruling is prohibited. 6.2 Requirements for Owner's Registration Licensing Requirements for Multiple Owners: 6.2.1 In addition to satisfying the requirements applicable to Permittee, et al., imposed by Rule 2.0, in order to be eligible for registration as an Owner, a person also: If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall be licensed as required in of this rule. 6.2.1.1 Must be an individual 18 years of age or older. 6.2.1.2 All Owners and Trainers shall carry workmen's compensation insurance covering all their employees. This paragraph is intended to include all individuals employed by Owners and Trainers in the training and racing of horses. 6.2.1.3 Must own or have under lease a horse eligible to race and be prepared to prove such upon call of the Stewards. 6.2.1.4 Must not engage in any activity directly or indirectly involving the racing performance of horses on Licensee's grounds owned and trained by others. 6.2.1.4.1 The Commission or its designee, may deny, suspend or revoke an Owner's registration for the spouse, or any member of the immediate family or household, of a person ineligible to be registered as an Owner, unless there is a showing by the applicant or registered Owner, and the Commission so finds, that his participation in racing as an Owner will in no way circumvent the intent of this Rule by permitting a person, under the control or direction of a person ineligible for an Owner's registration, to serve in effect as the alter ego of such ineligible person. 6.2.1.4.1 A registered Owner or Trainer may personally serve as a Farrier or Jockey for horses he owns or are registered in his care, provided he has received from the Stewards a certification of his fitness as a competent Farrier or Jockey. 6.2.1.5 All owners must first secure the services of a Trainer licensed by the Commission before any horse owned by the individual or a partnership may be entered to race at a meet licensed by the Commission. 6.2.2 Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the Commission all owners holding a five percent or greater beneficial interest, unless otherwise required by the Commission. 6.2.3 Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a five percent ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of their ownership or beneficial interest, is not presently ineligible for licensing or suspended in any racing jurisdiction. PROPOSED REGULATIONS 6.2.4 To obtain an owner's license, an owner with less than a five percent ownership or beneficial interest in a horse shall establish a bona fide need for the license and the issuance of such license shall be approved by the stewards. 6.2.5 Application for joint ownership shall include a designation of a managing owner and a business address. Receipt of any correspondence, notice or order at such address shall constitute official notice to all persons involved in the ownership of such horse. 6.2.6 The written appointment of a managing owner or authorized agent shall be filed with the Commission. 6.3 Ownership Disclosure: 6.3.1 Registered Owners and Trainers shall be held jointly responsible for making a full disclosure of the entire ownership of each horse in their care. 6.3.2 Such disclosure shall identify in writing all individual persons who directly, or indirectly, through a lien, lease, partnership, corporate stockholding, syndication or other joint venture, hold any present or reversionary right, title or interest in and to such horse, and those individual persons who by virtue of any form of interest might exercise control over such horse or can benefit from the racing of such horse; the degree and type of such ownership held by each individual person shall be designated. 6.3.3 Such disclosure shall be made when registering each horse with the Racing Secretary upon arrival on Licensee's grounds, or at time of entry, whichever event occurs first, and shall be revised immediately upon any subsequent change in such ownership. 6.3.4 Such disclosure together with all written agreements and affidavits setting out oral agreements pertaining to the ownership of or rights in and to a horse shall be attached to the registration certificate for such horse and filed with the Racing Secretary who shall be responsible for the care and security of such papers while such horse is located on Licensee's grounds. 6.3.5 Such disclosure is made for the benefit of the public and all documents pertaining to the ownership or lease of a horse filed with the Racing Secretary shall be available for public inspection. 6.3.6 The Stewards shall review the ownership of each horse entered to race and insure that each registration certificate is properly endorsed by the transferor to the present Owner. For racing purposes, the Stewards may determine the validity of all leases, transfers, and agreements pertaining to the ownership of a horse and may call for adequate evidence of ownership at any time. The Stewards may declare any horse ineligible to race if the ownership or control of such horse is in question. 6.4 Joint Ownership: 6.4.1 No more than four individual persons may be registered as Owners of a single horse. 6.4.2 In the event more than four individual persons own interests in a single horse, through a partnership, corporation, syndication or other joint venture, then such individual persons may designate in writing a member of the partnership, corporation, syndicate or joint venture to represent the entire ownership of and be responsible for such horse as the registered Owner thereof. 6.4.3 Such agreement or lease shall accompany the application for an Owner's registration. Each person designated as representing the entire ownership of a horse must be registered. 6.4.4 The Commission may deny, suspend or revoke the registration of any Owner whose ownership of a horse is qualified or limited in part by rights or interests in or to such horse held or controlled by any other individual person or persons ineligible to be registered as an Owner thereof. 6.53 Leases: 6.53.1 Horses may be raced under lease provided the lease agreement is annexed to the horse's registration certificate and is approved by the Stewards. The validity of a lease for the purposes of racing a horse in Delaware may be suspended temporarily or voided by the Stewards at any time. No lease may be approved by the Stewards for racing purposes unless: 6.53.1.1 Lessee is registered as an Owner; 6.53.1.2 Each of the signatures of the lessors and lessees on the lease agreement is subscribed and sworn to before a notary public; 6.53.1.3 Term of the lease is for no less than one year, unless sooner terminated by claim or retirement of the subject horse; 6.53.1.4 Conditions of the lease specify, as to parties to the lease, whether the subject horse can be entered in a race to be claimed. If agreeable to lessor that the subject horse may be entered to be PROPOSED REGULATIONS claimed, conditions of the lease must specify the minimum price for which the subject horse can be entered and identify the name of the recipient of the claiming price; 6.53.1.5 Conditions of the lease specify that, upon a claim of the subject horse, the lease shall terminate and all rights in and to such horse shall pass to claimant as a bona fide purchaser; 6.53.1.6 After reviewing the full ownership of such leased horses, the interests of all persons involved in such lease, and the terms and conditions of such lease, the Stewards in their discretion find that such lease: 6.53.1.6.1 Completely divests lessors or sublessors of further control or direction of the racing performance of such horse while under lease; and 6.53.1.6.2 The resultant program listing of lessee would not mislead the betting public by reason of the absence in the program listing of the name of a person or persons possessing a beneficial interest in such leased horse. 6.64 Racing Colors: 6.64.1 Owners shall be responsible for designing and providing individual racing colors, consisting of jackets and caps of distinctive color and pattern to be worn by Jockeys during a race, such racing colors to be registered with the Licensee or its Registrar. 6.64.2 Racing colors must be registered annually, the application therefor to accompany application for an Owner's registration. 6.64.3 Registration of racing colors shall be at the discretion of Licensee. Disputes as to rights to particular racing colors shall be determined by the Commission. Licensee or its Registrar may refuse to accept for registration racing colors which: 6.64.3.1 Are not readily distinguishable by color and pattern from racing colors currently registered with Licensee or with the Jockey Club; and 6.64.3.2 Include advertising, promotional, or cartoon symbols or words or which, in the opinion of the Commission, are not in keeping with the traditions of the Turf. 6.6.3.34.4 No horse may be raced in racing colors other than those registered in the name of the horse's Owner without special permission of the Stewards. If an Owner races two or more horses in the same race, jackets shall be identical while caps shall be varied in color or design. Any deviation from registered colors granted by the Stewards shall be immediately announced. 6.6.3.44.5 Owners and Trainers shall be jointly responsible for the condition of racing colors, insuring that they are neat, clean and in good repair and that an adequate number of sets of racing colors are placed in the care of the Clerk of Scales. 6.6.3.54.6 The Clerk of Scales and the Valet serving a Jockey shall be jointly responsible for having the correct jacket and cap on each rider when leaving the Jockey room for the paddock. 6.6.3.64.7 Racing colors are not assignable and registration thereof may be cancelled upon the death of an Owner or upon the revocation or suspension of his Owner's registration. 6.75 Unauthorized Employees: 6.75.1 No Owner or Trainer may employ or contract with a person who holds no permit or authorization to perform an activity on Licensee's grounds for which a permit or authorization is required. An Owner shall immediately notify the Racing Secretary upon change of Trainer during a race meeting. 6.86 Authorized Agent: 6.86.1 A registered Owner may, as a principal, authorize any person, as an agent, to act in such Owner's behalf in all matters pertaining to racing in this State and ownership of horses on Licensee's grounds, as provided by these Rules, infra. A registered Owner, as a principal, shall be jointly liable and responsible with his Authorized Agent for all acts and omissions of such Authorized Agent, serving in such Owner's behalf in a racing matter, until written notification from such Owner revoking such agency is received by Licensee or its Registrar. 6.97 Suspension: 6.97.1 In the event the registration of an Owner is suspended or revoked, all horses owned wholly or in part by such Owner shall not be permitted to race during such suspension unless such horses are irrevocably transferred to a registered Owner and such transfer is approved by the Stewards as completely and permanently divesting such suspended former Owner of control of or benefit from the subsequent racing of such horses. 6.108 Partnerships: PROPOSED REGULATIONS 6.108.1 Partnerships must be registered with Licensee or its Registrar. Partnership papers shall set forth the following: 6.108.1.1 The name and address of every person having an interest in the horse or horses involved; 6.108.1.2 The relative proportion of such interests; 6.108.1.3 To whom the winnings are payable; 6.108.1.4 In whose name the horse or horses shall run; 6.108.1.5 With whom the power of entry and declaration rests; 6.108.1.6 The terms of any contingency, lease or any other arrangement; and 6.108.1.7 The names of the horse or horses involved. Any partner transacting business on behalf of a partnership must own an interest therein at least equal to that owned by any other partner. All partnership registrations must be signed by all of the partners or by their authorized agent. 6.108.1.8 Any alteration in a recorded partnership must be reported in writing to Licensee or its Registrar and signed by all the partners or their authorized agent. All the parties in a partnership and each of them shall be jointly and severally liable for all stakes, fees and other obligations. 6.119 Duty to Pay Accounts: 6.119.1 Owners having unpaid jockey or other fees at the close of a race meeting shall be billed by Licensee within twenty (20) days of the close of the race meet with a duplicate copy of the bill to the Trainer. Such accounts shall be paid within thirty (30) days from billing date. At the expiration of the thirty (30) day period, it shall be the duty of Licensee to notify the Racing Commission or the Stewards, in writing, of all delinquent accounts, at which time all Owners with outstanding accounts will be suspended until such fees are paid. (Also, see Rule 11.12). 4 DE Reg. 174 (07/01/00) 5 DE Reg. 1694 (03/01/02) 7 DE Reg. 766 (12/01/03) (Break in Continuity of Sections) 11.0 Entries, Subscriptions, Delegations 11.1 Entering and Eligibility Required: 11.1.1 No horse shall be qualified to start in any race unless such horse has been and continues to be duly entered therein. Entries or subscriptions for any horse, or the transfer of same, may be refused or cancelled by the Licensee without notice or reason given therefor. 11.1.2 A horse must be eligible at the time of entry. 11.1.3 A horse must be eligible at the time of starting. * (Break in Continuity within section, Sections 11.2 through 11.14 are not being amended.) (Break in Continuity of Sections) 15.0 Medication; Testing Procedures 15.1 Prohibition and Control of Medication: 15.1.1 Horses should not compete under the influence of drugs or therapeutic medications. However, horses, in training, like all athletes, may require the administration of therapeutic medications at times to diagnose or treat illness or injury. Certain drugs have no therapeutic use in horses in training, and these drugs should not be administered to horses in training, nor should they be permitted at any concentration in post-race samples. In this context: 15.1.1.1 No horse participating in a race shall carry in its body any substance foreign to the natural horse, except as hereinafter provided. 15.1.1.2 No foreign substance shall be administered to a horse (entered to race) by injection, oral administration, rectal infusion or suppository, or by inhalation within twenty-four (24) hours prior to the scheduled post time for the first race, except as hereinafter provided. 15.1.1.3 No person other than a veterinarian shall have in his possession any equipment for hypodermic injection, any substance for hypodermic administration or any foreign substance which PROPOSED REGULATIONS can be administered internally to a horse by any route, except for an existing condition as prescribed by a veterinarian. 15.1.1.4 Notwithstanding the provisions of Rule 15.1.1.3 above, any person may have in his possession within a race track enclosure, any chemical or biological substance for use on his own person, provided that, if such chemical substance is prohibited from being dispensed by any Federal law or law of this State without a prescription, he is in possession of documentary evidence that a valid prescription for such chemical or biological substance has been issued to him. 15.1.1.5 Notwithstanding the provisions of Rule 15.1.1.3 above, any person may have in his possession within any race track enclosure, any hypodermic syringe or needle for the purpose of administering a chemical or biological substance to himself, provided that he has notified the Stewards: (1) of his possession of such device; (2) of the size of such device; and (3) of the chemical substance to be administered by such device and has obtained written permission for possession and use from the Stewards. 15.1.2 Definitions: The following terms and words used in these Rules are defined as: 15.1.2.1 Hypodermic Injection shall mean any injection into or under the skin or mucous, including intradermal injection, subcutaneous injection, submucosal injection, intramuscular injection, intravenous injection and intraocular (intraconjunctival) injection. 15.1.2.2 Foreign Substances shall mean all substances except those which exist naturally in the untreated horse at normal physiological concentration, and shall also include substances foreign to a horse at levels that cause interference with testing procedures. 15.1.2.3 Veterinarian shall mean a veterinary practitioner authorized to practice at the race track. 15.1.2.4 Horse includes all horses registered for racing under the jurisdiction of the Commission and for the purposes of these Rules shall mean stallion, colt, gelding, ridgling, filly or mare. 15.1.2.5 Chemist shall mean the Commission's chemist. 15.1.2.6 Test Sample shall mean any body substance including, but not limited to, blood or urine taken from a horse under the supervision of the Commission's Veterinarian and in such manner as prescribed by the Commission for the purpose of analysis. 15.1.2.7 Race Day shall mean the 24-hour period prior to the scheduled post time for the first race. 15.1.3 Foreign Substances: 15.1.3.1 No horse participating in a race shall carry in its body any foreign substance except as provided in Rule 15.1.3.1.3: 15.1.3.1.1 A finding by the chemist that a foreign substance is present in the test sample shall be prima facie evidence that such foreign substance was administered and carried in the body of the horse while participating in a race. Such a finding shall also be taken as prima facie evidence that the Trainer and agents responsible for the care or custody of the horse has/have been negligent in the handling or care of the horse. 15.1.3.1.2 A finding by the chemist of a foreign substance or an approved substance used in violation of Rule 15.1 in any test sample of a horse participating in a race shall result in the horse being disqualified from purse money or other awards, except for purposes of pari-mutuel wagering which shall in no way be affected. 15.1.3.1.3 A foreign substance of accepted therapeutic value may be administered as prescribed by a Veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Advisory Committee of the National Association of State Racing Commissioners and approved by the Commission. Aminocaproic acid may be present in a horse's body while it is participating in a race, subject to all the provisions of these Rules. 15.1.3.1.4 The only approved non-steroidal anti-inflammatory drug (NSAID) that may be present in a horse's body while it is participating in a race is phenylbutazone/oxyphenobutazone in the level stated in 15.1.3.1.5 or 15.1.3.1.6. The presence of any other NSAID at any test level is forbidden. Revised: 1/6/92. 15.1.3.1.5 The test level of phenylbutazone under this Rule shall not be in excess of two point five (2.5) micrograms (mcg) per milliliter (ml) of plasma without penalties in the following format: PROPOSED REGULATIONS Micrograms per milliliter Penalties 0 to 2.5 No action 2.6 to 4.9 First Offense-$250.00 $500.00 fine 2.6 to 4.9 Second Offense within 365 days $500.00 $1,000.00 fine 2.6 to 4.9 Third Offense within 365 days $500.00 $1,000.00fine and/or Suspension and/or Loss of Purse 5.0 and Over Fine, Suspension, Loss of Purse 15.1.3.1.6 The test level for oxphenobutazone under this Rule shall not be in excess of two (2) micrograms (mcg) per milliliter (ml) of plasma. Micrograms per milliliter Penalties 0 to 2.5 No action 2.6 to 4.9 First Offense-$250.00 $500.00 fine 2.6 to 4.9 Second Offense within 365 days $500.00 $1,000.00 fine 2.6 to 4.9 Third Offense within 365 days $500.00 $1,000.00 fine and/or Suspension and/or Loss of Purse 5.0 and Over Fine, Suspension, Loss of Purse 15.1.3.1.7 No bleeder medication otherwise permissible under this Rule may be administered to a horse within one hour of the scheduled post time of the horse's race. The administration of salix to a horse on race day will be governed by Rule 15.2. 15.1.3.1.8 If a horse is to receive one or more bleeder medications, aminocaproic acid and/or salix, the trainer shall declare said use at the time of entry. 15.1.3.1.9 A veterinarian administering bleeder medications shall report the administration of such medications on the same form that is used to report the administration of salix. 15.1.3.1.10 The race program shall denote what medication(s) have been administered to a horse in the race and the past performance lines in the program, if any, shall denote any medications administered to said horse in those races. 15.1.3.1.11 Any horse running on permissible bleeder medication under these Rules shall remain on the medication for a period of not less than sixty (60) days before being permitted to race without the permissible bleeder medication. 15.1.3.1.12 The detection of permissible bleeder medications (salix and/or aminocaproic acid) in a horse following the running of a race which was not declared or reported to the Stewards, may result in the disqualification of the horse and other disciplinary action imposed upon the trainer and administering veterinarian. Conversely, the absence of bleeder medication following the running of a race in which was declared and reported by a trainer and/or veterinarian, may result in the disqualification of the horse and other disciplinary action imposed upon the trainer and administering veterinarian. 15.1.3.1.13 Erythropietin (EPO) A finding by the official chemist that the antibody of Erythropietin (EPO) was present in a post-race test specimen of a horse shall be promptly reported in writing to the Stewards. The Stewards shall notify the owner and trainer of the positive test result for Erythropietin antibodies. The Stewards shall notify the Commission Veterinarian of the name of the horse for placement on the Veterinarian's List, pursuant to Rule 5.32, if the positive test result indicates that the horse is unfit to race. Any horse placed on the Veterinarian's List pursuant to this Rule shall not be permitted to enter a race until the owner or trainer, at their own expense, provides proof of a negative test result for EPO antibodies from a laboratory approved by the Commission provided said test sample is obtained under collection procedures acceptable to the Commission or its designee under these Rules. Notwithstanding any inconsistent provision of these Rules, a horse shall not be subject to disqualification from the race and from any share of the purse in the race and the PROPOSED REGULATIONS trainer of the horse shall not be subject to application of trainer's responsibility based on the finding by the laboratory that the antibody of Erythropoietin was present in the sample taken from that horse. * (Break in Continuity within section, Sections 15.2 through 15.9 are not being amended.) 15.10 Procedure for Taking Specimens: 15.10.1 Horses from which specimens are to be drawn shall be taken to the detention area at the prescribed time and remain there until released by the Commission veterinarian. Only the owner, trainer, groom, or hotwalker of horses to be tested shall be admitted to the detention area without permission of the Commission veterinarian. 15.10.1.1 Blood samples must be collected at a consistent time, preferable not later than one hour post-race. 15.10.2 Stable equipment other than equipment necessary for washing and cooling out a horse shall be prohibited in the detention area. 15.10.2.1 Buckets and water shall be furnished by the Commission veterinarian. 15.10.2.2 If a body brace is to be used, it shall be supplied by the responsible trainer and administered only with the permission and in the presence of the Commission veterinarian. 15.10.2.3 A licensed veterinarian shall attend a horse in the detention area only in the presence of the Commission veterinarian. 15.10.3 One of the following persons shall be present and witness the taking of the specimen from a horse and so signify in writing: 15.10.3.1 The owner; 15.10.3.2 The responsible trainer who, in the case of a claimed horse, shall be the person in whose name the horse raced; or 15.10.3.3 A stable representative designated by such owner or trainer. 15.10.4 All urine containers shall be supplied by the Commission laboratory and shall be sealed with the laboratory security seal which shall not be broken, except in the presence of the witness as provided by Rule 15.10.3. 15.10.5 Blood vacutainers will also be supplied by the Commission laboratory in sealed packages as received from the manufacturer. 15.10.6 Samples taken from a horse, by the Commission veterinarian or his assistant at the detention barn, shall be collected and in double containers and designated as the "primary" and "secondary" samples. 15.10.6.1 These samples shall be sealed with tamper-proof tape and bear a portion of the multiple part "identification tag" that has identical printed numbers only. The other portion of the tag bearing the same printed identification number shall be detached in the presence of the witness. 15.10.6.2 The Commission Veterinarian shall: 15.10.6.2.1 Identify the horse from which the specimen was taken. 15.10.6.2.2 Document the race and day, verified by the witness; and 15.10.6.2.3 Place the detached portions of the identification tags in sealed envelope for delivery only to the stewards. 15.10.6.3 After both portions of samples have been identified in accordance with this section, the "primary" sample shall be delivered to the official chemist designated by the Commission. 15.10.6.3.1 Laboratories conducting post-race sample analysis must have access to LC/MS instrumentation for screening and/or confirmation purposes. 15.10.6.4 The "secondary" sample shall remain in the custody of the Commission veterinarian at the detention area and urine samples shall be frozen and blood samples refrigerated in a locked refrigerator/freezer. 15.10.6.5 The Commission veterinarian shall take every precaution to ensure that neither the Commission chemist nor any member of the laboratory staff shall know the identity of the horse from which a specimen was taken prior to the completion of all testing. 15.10.6.6 When the Commission chemist has reported that the "primary" sample delivered contains no prohibited drug, the "secondary" sample shall be properly disposed. PROPOSED REGULATIONS 15.10.6.7 If after a horse remains a reasonable time in the detention area and a specimen can not be taken from the horse, the Commission veterinarian may permit the horse to be returned to its barn and usual surroundings for the taking of a specimen under the supervision of the Commission veterinarian. 15.10.6.8 If one hundred (100) milliliters (ml.) or less of urine is obtained, it will not be split, but will be considered the "primary" sample and will be tested as other "primary" samples. 15.10.6.9 Two (2) blood samples shall be collected in twenty (20) milliliters vacutainers two (2) DTRC approved sample receptacles, one for the "primary" and one for the "secondary" sample. 15.10.6.10 In the event of an initial finding of a prohibited drug or in violation of these Rules, the Commission chemist shall notify the Commission, both orally and in writing, and an oral notice shall be issued by the Commission to the owner and trainer or other responsible person no more than twenty-four (24) hours after the receipt of the initial finding, unless extenuating circumstances require a longer period, in which case the Commission shall provide notice as soon as possible in order to allow for testing of the "secondary" sample. 15.10.6.10.1 If testing of the "secondary" sample is desired, the owner, trainer, or other responsible person shall so notify the Commission in writing within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the Commission chemist. The reasonable period is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance. 15.10.6.10.2 Testing of the "secondary" samples shall be performed at a referee laboratory selected by representatives of the owner, trainer, or other responsible person from a list of not less than two (2) laboratories approved by the Commission. 15.10.6.11 The Commission shall bear the responsibility of preparing and shipping the sample, and the cost of preparation, shipping, and testing at the referee laboratory shall be assumed by the person requesting the testing, whether it be the owner, trainer, or other person charged. 15.10.6.11.1 A Commission representative and the owner, trainer, or other responsible person or a representative of the persons notified under these Rules may be present at the time of the opening, repackaging, and testing of the "secondary" sample to ensure its identity and that the testing is satisfactorily performed. 15.10.6.11.2 The referee laboratory shall be informed of the initial findings of the Commission chemist prior to the making the test. 15.10.6.11.3 If the finding of the referee laboratory is proven to be of sufficient reliability and does not confirm the finding of the initial test performed by the Commission chemist and in the absence of other independent proof of the administration of a prohibited drug to the horse in question, it shall be concluded that there is insubstantial evidence upon which to charge anyone with a violation. 15.10.6.12 The Commission veterinarian shall be responsible for safeguarding all specimens while in his possession and shall cause the specimens to be delivered only to the Commission chemist as soon as the possible after sealing, in a manner so as not to reveal the identity of a horse from which the sample was taken. 15.10.6.13 If an Act of God, power failure, accident, strike or other action beyond the control of the Commission occurs, the results of the primary official test shall be accepted as prima facie evidence. 15.11 Commission Chemist: 15.11.1 The Commission's Chemist, who shall be a member of the Association of Official Racing Chemists, shall conduct tests on specimens provided him in order to detect and identify prohibited substances therein and report on such in such a manner, and according to such procedures, as the Commission from time to time may approve and/or prescribe. 15.12 Prohibited Practices 15.12.1 The following conduct shall be prohibited for all licensees: 15.12.1.1 The possession and/or use of a drug, substance, or medication, specified below, on the premises of a licensed race track under the jurisdiction of the Commission for which a recognized analytical method has not been developed to detect and confirm the administration of such substance including but not limited to erythropoietin, darbepoietin, and perfluorcarbon emulsions; or the use of which may endanger the health and welfare of the horse or endanger the safety of the rider driver; or the use of which may adversely affect the integrity of racing. PROPOSED REGULATIONS 15.12.1.2 The possession and/or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the regulatory body that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States. 15.12.1.3 The practice, administration, or application of Intermittent Hypoxic Treatment by External Device which is performed on the premises of a facility under the jurisdiction of the Commission, and which may endanger the health, safety, and welfare of the horse or endanger the safety of the jockey, or the use of which may adversely affect the integrity of racing. Intermittent Hypoxic Treatment is the administration of hypoxic gas to a horse for the purpose of enhancing aerobic metabolism by simulating training at a high altitude. 15.12.1.4 The use of a nasogastric tube (a tube longer than six inches, inserted in a horses’ nostril) for the administration of any substance within the 24-hour period considered raceday is forbidden without prior permission of the Commission. 15.12.1.5 The possession and/or use of blood doping agents, including but not limited to the following list, on the premises of a facility under the jurisdiction of the Commission is forbidden Erythropietin (EPO); Darbepietin (DPO); Oxyglobin; Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue is considered a prohibited practice that endangers the health and welfare of a horse and/or the safety and welfare of a driver. The possession and/or use of such substances on the premises of a facility under the jurisdiction of the Commission is strictly forbidden. 15.13 Testing for Prohibited Substances that Abnormally Enhance Oxygenation 15.13.1 Horses may be tested for Erythropietin (EPO), Darbepietin (DPO), Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue as follows: 15.13.1.1 Once a horse is entered to race; 15.13.1.2 Any horse that was entered or raced within sixty (60) days of entry and/or race; 15.13.1.3 Any horse showing the presence of EPO, DPO and/or like antibodies; 15.13.1.4 Any horse in the care, custody, and control of a trainer having a horse that has tested positive for EPO, DPO and like substances through a screening test; and 15.13.1.5 Any horse that expires, consistent with DTRC Rules 10.7.1 through and inclusive of 10.7.6. 15.13.2 Two blood samples shall be collected in DTRC approved sample receptacles; one is the primary sample; and the other is the secondary sample. 15.13.3 In the event that the presence of EPO, DPO and/or any EPO analogues is determined to be present in a primary sample, the primary sample shall be sent to a DTRC approved laboratory for a confirmation test. 15.13.4 The trainer and/or owner of any horse that tests positive for the confirmed presence of EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue has the right to request a testing of the secondary sample consistent with DTRC Rule 15.10.6.10.1 through and inclusive of DTRC Rule 15.1.6.13. 15.13.5 Upon positive notification from the confirmatory laboratory of the primary sample, if uncontested by the trainer; or notification of confirmation in the secondary sample, the trainer shall be summarily suspended and any/all horses entered, by the trainer, to race shall be scratched. Notice of a hearing shall be delivered to the trainer within twenty-four (24) hours 15.13.6 The following penalties and disciplinary measures may be imposed for the confirmed presence of EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue: 15.13.7 In the absence of extraordinary circumstances, a penalty of $5,000 and/or a 10 year suspension, forfeiture of the purse money and assessment for cost of the drug testing may be imposed. 15.13 14 Shock Wave Therapy/Instruments 15.13 14.1 No person may possess on a licensee’s race track an instrument used for shock wave therapy. 15.13 14.2 No horse may be treated with any form of shock wave therapy within ten (10) days of racing (the day of the treatment shall be considered the first day in counting the number of days). PROPOSED REGULATIONS 15.13 14.3 The administration of shock wave therapy may only be performed by a licensed veterinarian. A veterinarian using shock wave therapy shall document and report each treatment on his daily medication report. 15.13 14.4 A Trainer or Veterinarian who has been found to have violated any of the above provisions of this Rule shall be subject to appropriate disciplinary action by the stewards and/or Commission including but not limited to a maximum suspension of ninety (90) days. 15.14 15 Blood Gas Testing 15.14 15.1 The Commission may use a testing machine that measures carbon dioxide levels in pre-race samples using a Base Excess testing protocol. A trainer whose horse is selected for blood gas testing and fails to report for the test will be penalized as if there was a positive test result. 15.14 15.2 Under this protocol, the prohibitive Base Excess concentrations are as follows: Base Excess level of 10.0 mmol/l (mEq/l) or higher for non-furosemide (Salix) treated horses and Base Excess (BE) level of 12.0 mmol/l (mEq/l) or higher for furosemide (Salix) treated horse. The level of uncertainty will be included before it is considered a violation of these Rules. The level of uncertainty is 0.4 mmol/l (mEq/l) and a positive test report must include this level of uncertainty. A horse must show a Base Excess (BE) level of 10.4 mmol/l (mEq/l) or higher for non-furosemide (Salix) treated horse and Base Excess (BE) level of 12.4 mmol/l (mEq/ l) or higher for furosemide (Salix) treated horse, in order for a violation to be reported under this Rule. 15.14 15.3 A licensee has the right, pursuant to the quarantine procedure outlined at 15.15, or by such other procedures as may be established from time to time by the Commission, to attempt to prove that a horse has a naturally high carbon dioxide level in excess of the above-mentioned levels. 15.15 16 Quarantine Procedure for Carbon Dioxide Positive Tests (Prerace Or Postrace) 15.15 16.1 Detention/Quarantine of Horses: The owner or trainer must request use of the quarantine procedure by sending written notice to the Stewards within forty-eight (48) hours of notification of the positive carbon dioxide test report. The owner or trainer will then be permitted, totally at his/her own expense, to make the necessary scheduling arrangements with the Stewards and the Commission Veterinarian. The horse in question will be quarantined on the grounds for periodic blood gas testing by the DTRC (up to three days) at the trainer's expense. All caretaker activities for the horse in question will be the responsibility of the horse's trainer. 15.15 16.2 Procedure: The owner or trainer will be responsible for providing the DTRC with a minimum check for $1,500.00 to cover the costs for the quarantine. A professionally trained Track Security Officer must be with the horse at all times, and the Security Officer must be knowledgeable about the importance of monitoring all activity pertaining to the quarantined horse. 15.15 16.3 The quarantine of a horse is subject to the following mandatory requirements: 15.15 16.3.1 The owner or trainer will be required to deposit sufficient funds with the DTRC Stewards to cover the costs of the quarantine of the horse. The minimum quarantine cost will be $1,500, and this figure may be higher if additional special circumstances are required for a particular horse. None of these procedures will be initiated until the Commission has in its possession a certified check or other method of payment acceptable to the Commission. The owner or trainer is responsible for all costs for the quarantine, including but not limited to, the costs of: stall bedding, daily cleaning of the stall, feed and hay, stall rent, hourly guard salary, portable toilet rental, veterinary charge, courier or shipping charges to the laboratory, laboratory analysis costs. Unused funds will be returned to the trainer. 15.15 16.3.2 The expected period of the quarantine will be seventy-two hours. 15.15 16.3.3 The owner or trainer is required to execute a reasonable liability waiver form if requested to do so by the track for the quarantine of the horse on track grounds. 15.15 16.3.4 The owner or trainer is obligated to reimburse the track if the racing association is required to purchase additional insurance to cover risks from the quarantine of the trainer's horse. The owner or trainer is also responsible for any additional costs required by the track to pad or otherwise specially equip the quarantine stall. 15.15 16.3.5 All activity of the quarantined horse is observed, documented, and recorded by security officers for the track and the DTRC. 15.15 16.3.6 The Commission will be responsible for arranging for and providing for bedding, feed, water, and daily cleaning of the stall, all of which are at the owner's expense. Feed for the horse will be purchased by DTRC officials as specified by the owner or trainer. Samples of the feed will be retained by the DTRC designated official. PROPOSED REGULATIONS 15.15 16.3.7 Each bale of hay/straw will be intact and uncut for inspection of contraband. Four small samples of hay are to be taken from the bale of hay used to feed the animal (one from each end of the bale of hay and two from the middle of the bale of hay). These samples with the ingredient tags from the bag of feed used by the horse will be retained by the DTRC designated official. 15.15 16.3.8 Every trainer, groom, or caretaker is subject to continuous observation and may be searched when with the horse for contraband. 15.15 16.3.9 Horses may be trained, but if leg paints or salves are used, they must be new and in unopened containers, and the track Security Officer must monitor the preparation of the horse. 15.15 16.3.10 A Security Officer must observe the horse during training and ensure that it does not leave the track except to return to the quarantine stall. 15.15 16.3.11 A sick horse must only be determined ill by the Commission’s Veterinarian and the quarantine of the horse will be terminated. Any bills incurred for the quarantine of the horse prior to the illness and termination of the detention will be prorated. 15.15 16.3.12 Stalls for the quarantine of horses are designated by the Stewards of the DTRC, in cooperation with the racetrack. 15.15 16.3.13 Trainers can restrict water based on previous pre-race preparation schedules. 15.15 16.3.14 Trainers are expected to train their horse in the same manner as the horse was trained on previous racing events. The horse will be equipped with all the items that it would normally carry, taken to the paddock, and handled in a manner similar to previous racing events. 15.15 16.3.15 Blood samples will be taken from the quarantined horse by the Commission Veterinarian, as he or she deems appropriate and necessary during the quarantine period. A blood sample should be taken when the horse first enters the quarantine stall and again at the pre-arranged time between sixty (60) and seventy-two (72) hours. At the discretion of the Commission, another sample may be taken between the initial sample and the sample taken at the cessation of the quarantine period. Blood samples will only be taken from the horse that is at rest for a period of time approved by the Commission Veterinarian. The owner or trainer or his/her representative must be present and witness the collection of the blood samples. Blood samples will be shipped promptly to the Commission's designated testing laboratory, pursuant to the Commission's standard chain-of-custody procedures. 15.15 16.3.16 At the conclusion of the quarantine period, the party requesting the quarantine will be provided timely notice of the test results from the DTRC. The trainer may present such evidence at a hearing before the Stewards if he or she attempts to prove that the horse has a naturally high carbon dioxide level. 1 DE Reg. 508 (11/01/97) 1 DE Reg. 1184 (02/01/98) 3 DE Reg. 754 (12/01/99) 4 DE Reg. 179 (07/01/00) 4 DE Reg. 1131 (01/01/01) 4 DE Reg. 1821 (05/01/01) 6 DE Reg. 641 (11/01/02) 6 DE Reg. 1205 (03/01/03) 7 DE Reg. 766 (12/01/03) 7 DE Reg. 1540 (05/01/04) 8 DE Reg. 1699 (06/01/05) 10 DE Reg. 546 (09/01/06) *Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Thoroughbred Racing Commission is available at: http://www.state.de.us/research/AdminCode/title3/1000/1001/index.shtml#TopOfPage PROPOSED REGULATIONS NUTRIENT MANAGEMENT Statutory Authority: 3 Delaware Code, Section 2221 (3 Del.C. §2221 3 DE Admin. Code 1201 PUBLIC NOTICE 1201 Nutrient Management Certification Regulations Pursuant to 29 Del.C. §10115, I hereby recommend the proposed modifications to the nutrient handling certification regulations and mandate regulations to be posted in the Register of Regulations during the month of January, 2007. Synopsis: Nutrient Management Certification Regulation Amendments (Exhibit A): Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. The proposed changes to the certification regulations establish nutrient handling requirements for certain nutrient handlers. The proposed regulation addresses application timing and placement for commercial inorganic fertilizer and organic fertilizer Comments on the proposed changes will be accepted from January 1, 2007 until January 31, 2007. Any comments should be provided to the Nutrient Management Program office located at 2320 S. Dupont Hwy., Dover, DE 19901, ATTN: William Rohrer. A hearing for the proposed regulations will be conducted at the Delaware Department of Agriculture on January 22, 2007 at 4:00 PM. A meeting to accept the proposed changes was held at the Nutrient Management Full Commission meeting on December 12, 2006 at 7:00 p.m. The accepted changes are indicated below. Amendments: Paragraphs 6.0 -14.0, reference 1200 Nutrient Management, 1201 Nutrient Management Certification Regulations; Paragraph 4.0, reference Nutrient Management, 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations. 1201 Nutrient Management Certification Regulations PREAMBLE These regulations have been developed pursuant to 3 Del.C. Ch. 22. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing the certification of persons who conduct certain activities that involve the generation or application of nutrients to lands or water, or who are involved in providing advice or consultation regarding such application of nutrients. These regulations were developed by the Commission and the Delaware Department of Agriculture. They are adopted with the guidance, advice, and consent of the Commission. 1.0 Authority These regulations are promulgated pursuant to the authority provided by 3 Del.C., Ch. 22, §2221. 2.0 Purpose The purpose of these regulations is to establish certification requirements for certain generators or handlers of nutrients, or who engage in advising or consulting with others regarding the formulation, application, or scheduling of nutrients within the State of Delaware. 3.0 Definitions For purposes of these regulations, the following words or terms shall have the meanings as indicated: "Animal Feeding Operation" or "AFO" means any area or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period. PROPOSED REGULATIONS "Animal Unit" shall be as defined by the United States Department of Agriculture Natural Resources Conservation Service, and is approximately 1,000 lbs. "average" live body weight. "Applicant" means any person seeking a certificate from the Commission. "Apply, Applying", or any derivation of the word "apply", as it relates to the application of nutrients, means the human controlled mechanical conveyance of nutrients to land for the purpose of applying organic and/or inorganic nutrients. “Certification" means the recognition by the Commission that a person has met the qualification standards established by the Commission and has been issued a written certificate authorizing such person to perform certain functions specified in these regulations. "Commercial Nutrient Handler" means a person who applies organic or inorganic nutrients to lands or waters in the State as a component of a commercial or agricultural business in exchange for a fee or service charge. "Commercial Processor" means any individual, partnership, corporation, association or other business unit that controls, through contracts, vertical integration or other means, several stages of production and marketing of any agricultural commodity. "Commission" or "DNMC" means the Delaware Nutrient Management Commission. "Credit" represents a unit of measuring education for certification as defined by the Commission and is dependent upon such factors as curricula intensity and class time. "Direct Supervision" refers to actions by a person who is certified with the State Nutrient Management Program and directs individuals within the same organization/company in applying nutrients. Direct supervisors hold responsibility for nutrient application actions for those under his/her supervision. "Fertilizer" means any synthetic or carbon based substance that is added to the soil to supply one or more plant nutrients. "Frozen" relates to frozen ground and is the top 2-inches of surface area receiving nutrients where the moisture has changed to ice for a period of 72 consecutive hours or a condition where any ice formation below the 2-inch zone restricts the natural flow of moisture through the soil profile. "Nutrient Consultant" means a person who is engaged in the activities of advising or consulting with another person who is required to have a certificate under these regulations, regarding the formulation, application, or scheduling of organic or inorganic nutrients within the State. Provided, however, any employee of any federal, State or local government agency or the University of Delaware, or other organization duly recognized by the Commission for such purpose, who provides advice or consultation in his/her capacity as such an employee, without compensation, shall not be deemed to be a nutrient consultant unless such advice and consultation constitutes a direct and substantial part of a nutrient management plan developed pursuant to these regulations. "Nutrient Generator" means a person who owns or operates a facility within the State that produces organic or inorganic nutrients. "Nutrient Management Plan" or "plan" means a plan by a certified nutrient consultant to manage the amount, placement, timing, and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass. “Nutrients" means nitrogen, nitrate, phosphorus, organic matter, and any other elements necessary for or helpful to plant growth. "Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not. "Private Nutrient Handler" means a person in the State who applies organic or inorganic nutrients to lands or waters he/she owns, leases, or otherwise controls. "Program Administrator" or "Nutrient Management Program Administrator" means the exempt employee of the Delaware Department of Agriculture who is responsible for the operation of the State Nutrient Management Program. "Secretary" means the Secretary of the Delaware Department of Agriculture or his/her designee. “State Nutrient Management Program" or "SNMP" means all the nutrient management program elements developed by the Commission, whether or not reduced to rules or regulations. 4.0 Certification Categories And Activities Requiring Certification 4.1 No later than January 1, 2004, any person who engages in any of the following activities must have the applicable certificate or certificates required by and issued pursuant to these regulations, as follows: PROPOSED REGULATIONS 4.1.1 Nutrient generator certification - A nutrient generator who owns or operates any animal feeding operation in excess of eight animal units must have a nutrient generator certificate. 4.1.2 Private nutrient handler certification - A private nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters owned, leased, or otherwise controlled by such handler must have a private nutrient handler certificate. 4.1.3 Commercial nutrient handler certification -A commercial nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters of the state must have a commercial nutrient handler certificate. 4.1.4 Nutrient consultant certification - A nutrient consultant who is engaged in the provision of nutrient management advice or the formulation of a nutrient management plan or in nutrient management planning as it relates to the application or disposal of nutrients at or from a specific site in the State of Delaware must have a nutrient consultant certificate. 4.2 These certification requirements shall not apply to individuals who perform services under the direct supervision of a certified person, provided that the certified person assures that such individuals act in accordance with the standards or practices which the certified person would follow if such person performed the service. Nor shall the certification requirements of this section apply to persons who utilize a person certified under these regulations to conduct the activities identified in this section, provided that such persons do not engage in any of the activities themselves and the certified person is certified at the time the activities are undertaken. 4.3 Conditional certifications may be issued for any reason specified by the Commission and shall be issued for periods not to exceed one year. 5.0 Certification Requirements 5.1 Any person who seeks a certification shall file with the Commission an application on a form provided by the Commission, along with the application fee. The minimum requirements for the certifications follow. 5.2 Nutrient generator certificates - To obtain a nutrient generator certificate, the applicant must take and successfully complete at least 6 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.3 Private nutrient handler - To obtain a private nutrient handler certificate, the applicant must take and successfully complete at least 9 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.4 Commercial nutrient handler - To obtain a commercial nutrient handler certificate the following criteria must be satisfied: 5.4.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.4.2 The applicant must pass a written test approved by the Commission. 5.5 Nutrient consultant - To obtain a nutrient consultant certificate the following criteria must be satisfied: 5.5.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.5.2 The applicant must pass a written test approved by the Commission. 6.0 Nutrient Handling Requirements 6.1 The application of Nitrogen and Phosphorus fertilizers shall be prohibited by anyone holding certification or required to be certified pursuant to 3 Del.C. §2242 and section 4.0 herein, when one of the following conditions exist: 6.1.1 The surface area of application is impervious such as sidewalks, roads and other paved areas and the misdirected fertilizer is not removed on the same day of application; 6.1.2 The surface area is covered by snow or frozen; or 6.1.3 The date of application is between December 7 and February 15. 6.2 An exemption is hereby established for the application of Nitrogen provided the rate does not exceed 1 lb./1,000 ft2 or 43 lbs./acre and provided the following conditions exist: 6.2.1 The crop receiving fertilizer is actively growing; and PROPOSED REGULATIONS 6.2.2 The operation is managed under a current nutrient management plan. 6.3 An exemption is hereby established for the application of Nitrogen to small grain crops that receive more than 43 lbs./acre provided that the application rate is documented in the nutrient management plan and annual report. 6.4 An exemption is hereby established for animal feeding operations that are limited by manure storage provided the application rate is documented in the nutrient management plan and the annual report. 67.0 Reciprocity 67.1 Notwithstanding the requirements of Section 5.0, supra, any person may obtain a certificate under these regulations if all the following requirements are satisfied. 67.2 The applicant must submit an application for the applicable certificate on a form provided by the Commission, along with the application fee. 67.3 The applicant must have a valid certificate or equivalent authorization, such as a license for the certificated activity, from another state or organization that requires qualifications at least as rigorous as those required under these regulations and approved by the Commission. 67.4 The applicant must pass a test approved by the Commission related to specific Delaware Nutrient Management requirements. The Commission may in its sole discretion waive this test requirement. 78.0 Continuing Education 78.1 After a certificate is issued, the certificate holder must take and successfully complete continuing education courses approved by the Commission or Program Administrator in accordance with the following: 78.1.1 Nutrient generator - 6 credits of continuing education in each three-year period following the issuance of the certification. 78.1.2 Private nutrient handlers -6 credits of continuing education in each three-year period following the issuance of the certification. 78.1.3 Commercial nutrient handlers - 6 credits of continuing education in each three-year period following the issuance of the certification. 78.1.4 Nutrient consultants - 5 credits of continuing education each year following the issuance of the certification. 78.2 Failure to satisfy the continuing education requirements may result in the revocation of a certificate or non-renewal of the certificate. 78.3 Any dispute regarding continuing education credits may be directed to the Commission which will determine whether a hearing is necessary to resolve the dispute. 9 DE Reg. 966 (12/01/05) 89.0 Duration Of Certificates And Certification Fees 89.1 Certificates normally will be issued and renewed for periods of three years for nutrient generators, private nutrient handlers, and commercial nutrient handlers. Certified nutrient consultants will be issued and renewed certifications annually. 89.2 Certificate fees are due with the application. The fee for a one-year certificate issued to nutrient consultants shall be $100.00. The certificate fee for commercial nutrient handlers for a three-year certificate shall be $150.00. 89.3 No fee will be charged for certification of a nutrient generator or a private nutrient handler. 910.0 Suspensions, Modifications, And Revocations 910.1 The Commission may, after notice and opportunity for hearing, suspend, modify, or revoke any certificate where the Commission has reasonable grounds to believe that the certificate holder is responsible for violations of the nutrient management statute (Title 3, Chapter 22, of the Delaware Code) or Commission regulations. The Commission shall furnish the person accused of a violation with notice of the time and place of the hearing, which notice shall be served personally or by registered mail directly to such person's place of business or last known address with postage fully paid no sooner than 10 days but within 21 days of the time fixed for the hearing. PROPOSED REGULATIONS 1011.0 Certification Renewals 1011.1 At least 60 days before the expiration of a certificate, the certificate holder shall file an application with the Commission for renewal of the certificate, along with the certification fee. 1011.2 Nutrient consultants must file with the application and fee evidence that the consultant prepared at least one nutrient management plan during the preceding three-year period. If no such plan was prepared, the certificate shall not be renewed. 1011.3 The certificate holders must also supply with the application and renewal fee evidence that they have complied with the continuing education and record keeping and reporting requirements contained in these regulations. 1011.4 Absent good cause for failure to timely file an application for renewal in compliance with these requirements, the certificate holder must reapply for the certificate in the same manner required for the issuance of the original certificate. 1011.5 Decisions to refuse renewal of a certificate shall be final and conclusive unless appealed to the Commission pursuant to Section 2262, Chapter 22, of the Delaware Code. 1112.0 Appeals To The Secretary All decisions of the Commission under this regulation shall be final and conclusive unless appealed to the Secretary pursuant to Section 2263, Chapter 22, of the Delaware Code. Provided, however, that the denial of a certificate pursuant to Sections 2243 or 2245, Chapter 22, of the Delaware Code shall first be appealed to the Commission which shall hold a hearing. 1213.0 Record Keeping. 1213.1 Nutrient generators shall record and keep the following available for inspection by the Secretary or the Commission: 1213.1.1 A contemporaneously recorded log that contains the dates, approximate quantities, locations, and disposition (stored, shipped, etc.) of nutrients that are applied to land or transported from land owned, leased or otherwise controlled by the Nutrient Generator. 1213.1.2 A copy of any applicable nutrient management plan. 1213.2 Private nutrient handlers shall record and keep the following available for inspection by the Secretary or the Commission: 1213.2.1 A contemporaneously recorded log showing the dates, locations, approximate quantities, acreage and methods of nutrient application. 1213.2.2 A copy of any applicable nutrient management plan. 1213.3 Commercial nutrient handlers shall prepare and keep available for inspection by the Secretary or the Commission, a contemporaneously recorded log showing the dates, locations, approximate quantities, acreage, and methods of nutrient application. 1213.4 Nutrient consultants shall prepare and/or keep available for inspection by the Secretary or the Commission, copies of any written materials prepared by the nutrient consultants or at their direction that establish how nutrients are to be managed at specific sites within Delaware, such as nutrient management plans. 1213.5 The information required in this section shall be kept and maintained for a period of 6 years. 1314.0Effective Date. These regulations shall become effective on January 10, 2001 4 DE Reg. 1117 (01/01/01) PROPOSED REGULATIONS DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 101 Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 101 Delaware Student Testing Program A. Type of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 101 Delaware Student Testing Program. For the graduating class of 2007 the amendments clarify the requirements for receiving a Distinguished Diploma including the Other Academic Indicators that may be used. For the graduating class of 2008 the amendments clarify the requirements for receiving a high school diploma including the Other Academic Indicators that may be used. These changes are found in section 6.0. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Wednesday, January 31, 2007 to Carol O'Neill Mayhew, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation is intended to help improve student achievement as measured against state achievement standards by increasing the requirements for graduation. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation will help ensure that all students receive an equitable education by setting high standards for all students. 3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses student achievement not health and safety issues. 4. Will the amended regulation help to ensure that all students' legal rights are respected? The regulation and its amendments are respectful to the legal rights of students. 5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation. 10. What is the cost to the State and to the local school boards of compliance with the regulation? PROPOSED REGULATIONS There is no cost to the State and to the local school boards of compliance with the regulation. 101 Delaware Student Testing Program 1.0 Definition The Delaware Student Testing Program (DSTP) shall include the assessments of all students in grades 2 to 10 in the areas of reading and mathematics, grades 3 to 10 in the area of writing and the assessments of all students in grades 4, 6, 8, and 11 in the areas of science and social studies. The DSTP shall also include the participation of Delaware students in the National Assessment of Educational Progress (NAEP) as determined by the Department of Education. All districts and charter schools shall participate in all components of the DSTP including field test administrations. 1.1 All students in said grades shall be tested except that students with disabilities and English Language Learners (ELLs) shall be tested according to the Department of Education’s Guidelines for the Inclusion of Students with Disabilities and English Language Learners (ELLs), as the same, may from time to time be amended hereafter. 1.2 The Department of Education shall determine the dates upon which the DSTP will be administered, and will advise the school districts and charter schools of those dates. 10 DE Reg. 676 (10/01/06) 2.0 Levels of Performance There shall be five levels of student performance relative to the State Content Standards on the assessments administered to students in grades 3 through 10 in reading, mathematics and writing and to students in grades 4, 6, 8 and 11 in social studies and science. There shall be three levels of performance for students in grade 2 in reading and mathematics. The cut points for Distinguished, Exceeds the Standard, Meets the Standard and Below the Standard shall be determined by the Department of Education with the consent of the State Board of Education, using advice from a standard setting body. The standard setting body shall utilize a proven method for setting standards on test instruments that utilizes student work in making the recommendation. Said levels are defined and shall be determined as follows: 2.1 Distinguished Performance (Level 5): A student's performance in the tested domain is deemed exceptional. Students in this category show mastery of the Delaware Content Standards beyond what is expected of students performing at the top of the grade level. Student performance in this range is often exemplified by responses that indicate a willingness to go beyond the task, and could be classified as "exemplary." The cut points for Distinguished Performance shall be determined by the Department of Education, with the consent of the State Board of Education. 2.2 Exceeds the Performance Standard (Level 4): A student's performance in the tested domain goes well beyond the fundamental skills and knowledge required for students to Meet the Performance Standard. Students in this category show mastery of the Delaware Content Standards beyond what is expected at the grade level. Student performance in this range is often exemplified by work that is of the quality to which all students should aspire, and could be classified as "very good." The cut points for Exceeds the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 2.3 Meets the Performance Standard (Level 3): A student's performance in the tested domain indicates an understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students in this category show mastery of the Delaware Content Standards at grade level. Student performance in this range can be classified as "good." The cut points for Meets the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 2.4 Below the Performance Standard (Level 2): A student's performance in the tested domain shows a partial or incomplete understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Below the Performance Standard may require additional instruction in order to succeed in further academic pursuits, and can be classified as academically “deficient.” The cut points for Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 2.5 Well Below the Performance Standard (Level 1): A student's performance in the tested domain shows an incomplete and a clearly unsatisfactory understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Well Below the Performance Standard have PROPOSED REGULATIONS demonstrated broad deficiencies in terms of the standards indicating that they are poorly prepared to succeed in further academic pursuits and can be classified as “very deficient.” The cut points for Well Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education. 7 DE Reg. 51 (07/01/03) 8 DE Reg. 425 (09/01/04) 10 DE Reg. 676 (10/01/06) 3.0 Other Indicators of Student Performance 3.1 Local school districts and charter schools may consider other indicators of student performance relative to the state content standards pursuant to 14 Del.C. §153(b) when determining the placement of students who score at Level 1 or Level II on a mandated retake of a portion of the DSTP. Pursuant to 14 Del.C. §153(d)(2) and 153(d)(12), local school districts and charter schools may also consider other indicators of student performance relative to the state content standards when determining if a student may advance to the next grade level without attending summer school. The only other indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153(e)(1); student performance on end of course assessments; student classroom work products and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14 Del.C. §153(a). 3.2 Any local school district or charter school planning to use other indicators of student performance shall submit the proposed indicators to the Department of Education by September 1st of each year. 3.2.1 Any such submission must include a demonstration of how an indicator of student performance aligns with and measures state content standards and the level of performance required to demonstrate performance equivalent to meeting state content standards. 3.2.2 Any proposed indicators of student performance must be approved by the Department of Education following consultation with the Student Assessment and Accountability Committee and the State Board of Education. 3.3 An academic review committee composed of educators in the student’s local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the other indicators of student performance as approved by the Department of Education. 3.3.1 The academic review committee shall be composed of two classroom teachers from the student’s tested grade, one classroom teacher from the grade to which the student may be promoted, one guidance counselor or other student support staff member and two school building administrators. 3.3.2 The supervisor of curriculum or instruction for the school district or charter school or his/ her designee shall chair the committee. 3.3.3 Placement of students with disabilities who are eligible for special education and related services is determined by the student’s IEP team. 7 DE Reg. 325 (09/01/03) 10 DE Reg. 676 (10/01/06) 4.0 Individual Improvement Plan (IIP) 4.1 The following students are required to have an Individual Improvement Plan: Students who score below Level 3 Meets the Standard, on the reading portion of the 2nd, 3rd, 4th, 5th, 6th, 7th, or 8th grade Delaware Student Testing Program or the mathematics portion of the 6th, 7th, or 8th grade Delaware Student Testing Program shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver. 4.2 The Individual Improvement Plan shall be on a form adopted by the student’s school district or charter school. The IIP shall be placed in a student’s cumulative file and shall be updated based on the results of further assessments. Such assessments may include further DSTP results as well as local assessments, classroom observations or inventories. For students with an Individualized Education Program (IEP), the IEP shall serve as the Individual Improvement Plan (IIP). 4.3 The Individual Improvement Plan shall at a minimum identify a specific course of study for the student that the school will provide and the academic improvement activities that the student shall undertake to PROPOSED REGULATIONS help the student progress towards meeting the standards. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs. 4.4 The Individual Improvement Plan shall be prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver who must sign and return a copy of the student’s Individual Improvement Plan to the student’s school by the end of the first marking period. 4.5 Disputes initiated by a student’s parent or legal guardian or Relative Caregiver concerning the student’s IIP shall be decided by the academic review committee. Any dispute concerning the content of a student’s IEP is subject to resolution in conformity with the Regulations, Children with Disabilities. 7 DE Reg. 51 (07/01/03) 8 DE Reg. 425 (09/01/04) 10 DE Reg. 676 (10/01/06) 5.0 Summer School Programs for Students in Grades 3, 5, and 8 as required pursuant to 14 Del.C. §153 5.1 Summer school programs shall be provided by the student’s district of residence with the following exceptions: 5.1.1 Where a student attends another district as a result of school choice or attends a charter school the district of choice or charter school shall provide the summer school program. 5.1.2 Where by mutual agreement of both districts or a charter school and the student’s parent, guardian or Relative Caregiver another district provides services. 5.1.3 Where by mutual agreement of the student’s school district or a charter school and the student’s parent, guardian or Relative Caregiver, the parent, guardian or Relative Caregiver arranges for summer school instruction to be provided outside the public school system. Under such conditions the parent, guardian or Relative Caregiver shall be responsible for the cost of providing nonpublic school instruction unless the districts or the charter school and parents or guardian agree otherwise. Requirements for secondary testing shall be met. 5.1.4 Where a student has been offered admission into a career technical school district or charter school that district or charter school may provide summer school services. 8 DE Reg. 425 (09/01/04) 9 DE Reg. 1175 (02/01/06) 6.0 High School Diploma Index as Derived from the 10th Grade Assessments Pursuant to 14 Del.C. §152 State of Delaware High School Diploma Requirements 6.1 Students who graduate from a Delaware public high school, as members of the class of 2004 and beyond through and including the class of 2007 shall be subject to the diploma index for a distinguished diploma as stated herein. 6.1.1 Beginning in 2002 for the graduating class of 2004, the Department shall calculate a diploma index based upon the student’s grade 10 Delaware Student Testing Program performance levels in reading, writing, and mathematics. 6.1.21 Beginning in 2005 for the graduating class of 2006, the Department shall calculate a diploma index based upon the student’s grade 10 Delaware Student Testing Program performance levels in reading, writing, mathematics and the grade 11 Delaware Student Testing Program performance levels in science and social studies. 6.2 A student may choose to participate in additional scheduled administrations of the DSTP in order to improve his/her diploma index. The highest earned performance level in each content area will be used in calculating the diploma index. 6.3 The diploma index shall be calculated by multiplying the earned performance level in each content area by the assigned weight and summing the results. 6.3.1 Beginning with the year 2002, the assigned weights shall be .40 for reading, .40 for mathematics, and .20 for writing for the graduating class of 2004 and 2005. 6.3.21 Beginning with the year 2005, the assigned weights shall be .20 for reading, .20 for mathematics, .20 for writing, .20 for science and .20 for social studies for the graduating class of 2006 and beyond. 6.4 Students who graduate as members of the class of 2006 through and including the class of 2007 shall qualify for a State of Delaware Distinguished High School diploma or a traditional State of Delaware High School diploma as follows: PROPOSED REGULATIONS 6.4.1 A student shall be awarded a Distinguished State Diploma upon attainment of a diploma index greater than or equal to 4.0 and provided that the student has met all other requirements for graduation as established by the State and local districts or charter schools. 6.4.1.1 Beginning with the graduating class of 2006 through and including the graduating class of 2007, "Other Academic Indicators" may be substituted for specific content area DSTP scores. The Other Academic Indicators shall be: 6.4.1.1.1 SAT Verbal Reasoning Test Verbal score or the SAT Reasoning Test Reading score between 544 and 621 representing a Performance Level 4 on the reading portion of the diploma index; 6.4.1.1.2 SAT Verbal Reasoning Test Verbal score or the SAT Reasoning Test Reading score of 622 or higher representing a Performance Level 5 on the reading portion of the diploma index; 6.4.1.1.3 SAT Reasoning Test Mathematics score between 547 and 617 representing a Performance Level 4 the mathematics portion of the diploma index; 6.4.1.1.4 SAT Reasoning Test Mathematics score of 618 or higher representing a Performance Level 5 on the mathematics portion of the diploma index; 6.4.1.1.5 SAT II Reasoning Test Writing score or SAT Subject Test Writing score between 554 and 646 representing a Performance Level 4 on the writing portion of the diploma index; 6.4.1.1.6 SAT II Reasoning Test Writing score or SAT Subject Test Writing score of 647 or higher representing a Performance Level 5 on the writing portion of the diploma index; 6.4.1.1.7 Advanced Placement score of 3 representing a Performance Level 4 on the diploma index; and 6.4.1.1.8 Advanced Placement score of 4 or 5 representing a Performance Level 5 on the diploma index. 6.4.1.1.9 Advanced Placement scores may be substituted for specified content areas including, but not limited to, Advanced Placement English Literature and Composition for the reading portion of the diploma index; Advanced Placement English Language and Composition for the writing portion of the diploma index; Advanced Placement Calculus AB, BC or Statistics for the mathematics portion of the diploma index; Advanced Placement Biology, Chemistry, Environment Science, or Physics B and C for the science portion of the diploma index; and Advanced Placement Economics (macro, micro), European History, Government and Politics Comp, Government and Politics U.S., Human Geography, Psychology, U.S. History, or World History for the social studies portion of the diploma index. 6.4.1.1.10 Other nationally administered tests which have scores that can be converted to the SAT scale may be used if the converted score is equal to or higher than the SAT cut score. 6.4.2 A student who does not qualify for a Distinguished diploma based solely on the diploma index may request the high school submit official documentation of the Other Academic Indicators to the Department. 6.4.3 A student shall be awarded a traditional State of Delaware Diploma provided the student has met all other requirements for graduation as established by the State and local districts or charter schools. 6.5 Students who graduate from a Delaware public high school, as members of the class of 2008 and beyond shall meet the following requirements for receipt of a tr