DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: •Governor’s Executive Orders •Governor’s Appointments •Agency Hearing and Meeting Notices •Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 9 DE Reg. 1036-1040 (01/01/06) Refers to Volume 9, pages 1036-1040 of the Delaware Register issued on January 1, 2006. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATECLOSING DATECLOSING TIME February 1January 15 4:30 p.m. March 1February 15 4:30 p.m. April 1March 17 4:30 p.m. May 1April 15 4:30 p.m. June 1May 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Steve Engebretsen, Assistant Registrar; Jeffrey W. Hague, Registrar of Regulations; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Don Sellers, Printer; Robert Lupo, Printer; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Alice W. Stark, Senior Legislative Attorney; Rochelle Yerkes, Administrative Specialist II. Cumulative Tables.......................................................................................................................................... 847 PROPOSED DEPARTMENT OF EDUCATION Office of the Secretary 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 ............................................................................................................................ 853 1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 ........................................................................................... 856 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007......................................................................................................... 860 Professional Standards Board 1505 Standard Certificate ................................................................................................................. 865 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services 3006.2 TANF Employment and Training Participation and Participation Rates ............................... 869 9076.2 SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs............................... 872 9094 Cooperation with the Division of Child Support Enforcement (DCSE)..................................... 872 DEPARTMENT OF INSURANCE 906 Use of Credit Information [Formerly Regulation 87] ......................................................................... 877 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1138 Emissions Standards For Hazardous Air Pollutants For Source Categories, Section 5 .......... 884 Division of Fish and Wildlife 3531 Tautog; Size Limits, Creel Limits and Seasons. (Formerly Tidal Finfish Regulation 22) ......... 896 3553 River Herring Creel Limit ......................................................................................................... 899 DEPARTMENT OF STATE Public Service Commission PSC Regulation Docket No. 49: The Creation of a Competitive Market for Retail Electric Supply Service .................................. 901 PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company....................................................................................................... 906 DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2220 Determining Non-U.S. Citizen Driver License and Identification Card Expiration Dates.......... 913 FINAL DEPARTMENT OF EDUCATION Office of the Secretary 735 Standardized Financial Reporting .............................................................................................. 918 DEPARTMENT OF LABOR Division of Industrial Affairs Workers Compensation Regulations ................................................................................................ 920 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1351 Underground Storage Tank Systems....................................................................................... 922 DEPARTMENT OF STATE Division of Professional Regulation 2000 Board of Occupational Therapy ............................................................................................... 926 EXECUTIVE DEPARTMENT Delaware Economic Development Office1104 Administration and Operation of Council on Development Finance......................................... 927 GOVERNOR Executive Order No.104, Establishment of the Statewide Interoperability Executive Council ...................... 929 GENERAL NOTICES DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management Implementation, Maintenance, And Enforcement of National Ambient Air Quality Standards, State Implementation Plan Revision For Ozone, Fine Particulate Matter (PM2.5), and Visibility ....... 931 DEPARTMENT OF TRANSPORTATION Division of Planning and Policy Standards and Regulations for Subdivision Streets and State Highway Access ............................. 947 NATIONAL CONFERENCE ON COMMISSIONERS OF UNIFORM STATE LAWS Model State Administrative Procedure Act Revision Process - Invitation to Participate ......................... 948 CALENDAR OF EVENTS/HEARING NOTICES State Board of Education Notice of Monthly Meeting..................................................................................... 949 Dept. of Health and Social Services Division of Social Services Notice of Public Comment Period (TANF)......................................................................................... 949 Notice of Public Comment Period (Food Stamp)............................................................................... 950 Dept. of Insurance Notice of Public Comment Period.................................................................................... 950 Dept. of Natural Resources and Environmental Control Division of Air and Waste Management, Notice of Public Hearing and Comment Period....................... 951 Division of Fish and Wildlife, Notices of Public Hearings and Comment Periods.................................... 952 Dept. of State Public Service Commission, Notices of Public Hearings and Comments Periods Docket No. 49: The Creation of a Competitive Market for Retail Electric Supply Service ................ 953 Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company ....................................................................................... 955 Dept. of Transportation Division of Motor Vehicles, Notice of Public Comment Period................................................................. 957 DELAWARE COUNCIL ON POLICE TRAINING 1901 Delaware Council on Police Training ...................................................................11 DE Reg. 6 (Prop.) 11 DE Reg. 180 (Final) DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY 201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................11 DE Reg. 548 (Prop.) DELAWARE RIVER BASIN COMMISSION Revised Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin Reservoirs .....................................................................................................11 DE Reg. 8 (Prop.) Water Quality Regulations ...........................................................................................11 DE Reg. 376 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION 2006 Delaware State Fire Prevention Regulations Part X, Ambulance Regulations.....11 DE Reg. 379 (Prop.) DEPARTMENT OF AGRICULTURE Delaware Forest Service 402 State Forest Regulations .................................................................................11 DE Reg. 10 (Prop.) 11 DE Reg. 307 (Final) Harness Racing Commission 501 Harness Racing Rules 3, 4, and 6....................................................................11 DE Reg. 308 (Final) 501 Harness Racing Rules 1, 6, 7, 8 and 10...........................................................11 DE Reg. 550 (Prop.) Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations, Section 13, Claiming Races .11 DE Reg. 396 (Prop.) DEPARTMENT OF EDUCATION Office of the Secretary 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 121 (Prop.) 11 DE Reg. 502 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 132 (Prop.) 11 DE Reg. 506 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)..........................................................................................................11 DE Reg. 143 (Prop.) 11 DE Reg. 510 (Final) 282 Private Business and Trade Schools................................................................11 DE Reg. 737 (Final) 385 Permits Substitute Teachers.............................................................................11 DE Reg. 248 (Prop.) 11 DE Reg. 664 (Final) 601 School Police Relations....................................................................................11 DE Reg. 399 (Prop.) 11 DE Reg. 741 (Final) 734 District School Board and Charter School Board Member Financial Responsibility Training .....................................................................................11 DE Reg. 402 (Prop.) 11 DE Reg. 744 (Final) 735 Standardized Financial Reporting.....................................................................11 DE Reg. 602 (Prop.) 745 Criminal Background Check for Public School Related Employment...............11 DE Reg. 711 (Prop.) 804 Immunizations...................................................................................................11 DE Reg. 250 (Prop.) 11 DE Reg. 666 (Final) 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies.......................................................................................................11 DE Reg. 181 (Final) 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs..................................................................11 DE Reg. 184 (Final) Professional Standards Board 340 Certification Theater Teacher...........................................................................11 DE Reg. 253 (Prop.) 11 DE Reg. 716 (Prop.) 1520 Standard Certificate Early Childhood Teacher (Birth to Grade 2)...................11 DE Reg. 255 (Prop.) 11 DE Reg. 667 (Final) 1522 Elementary School Counselor........................................................................11 DE Reg. 404 (Prop.) 11 DE Reg. 745 (Final) 1530 Middle Level Teacher.....................................................................................11 DE Reg. 261(Prop.) 11 DE Reg. 407 (Prop.) 11 DE Reg. 748 (Final) 1531 Middle Level English Language Arts Teacher................................................11 DE Reg. 409 (Prop.) 11 DE Reg. 750 (Final) 1532 Middle Level Mathematics Teacher................................................................11 DE Reg. 411 (Prop.) 11 DE Reg. 752 (Final) 1533 Middle Level Science Teacher........................................................................11 DE Reg. 415 (Prop.) 11 DE Reg. 753 (Final) 1534 Middle Level Social Studies Teacher..............................................................11 DE Reg. 262 (Prop.) 11 DE Reg. 419 (Prop.) 11 DE Reg. 756 (Final) 1539 Middle Level / Secondary Health Education Teacher.....................................11 DE Reg. 668 (Final) 1541 Secondary Health Education Teacher............................................................11 DE Reg. 264 (Prop.) 1545 Secondary School Counselor.........................................................................11 DE Reg. 420 (Prop.) 11 DE Reg. 754 (Final) 1549 Dance Teacher...............................................................................................11 DE Reg. 718 (Prop.) 1571 Secondary Exceptional Children Special Education Teacher.........................11 DE Reg. 266 (Prop.) 11 DE Reg. 671 (Final) 1576 Elementary Exceptional Children Special Education Teacher.......................11 DE Reg. 269 (Prop.) 11 DE Reg. 673 (Final) 1590 Delaware Administrator Standards.................................................................11 DE Reg. 311 (Final) DEPARTMENT OF FINANCE Division of Revenue 1151-1 Personal Income Tax Withholding Exemption Certificates..........................11 DE Reg. 271 (Prop.) 11 DE Reg. 674 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Developmental Disabilities 2100 Eligibility Criteria.............................................................................................11 DE Reg. 18 (Prop.) 11 DE Reg. 423 (Prop.) Division of Medicaid and Medical Assistance Aquired Brain Injury (ABI) 1915 (c) Waiver Application ................................................11 DE Reg. 442 (Prop.) 11 DE Reg. 786 (Final) Pharmaceutical Services Program - Tamper-Resistant Prescription Pads....................11 DE Reg. 425 (Prop.) 11 DE Reg. 793 (Final) Title XIX Medicaid State Plan Attachment 4.19-D Reimbursement Methodology for Nursing Facilities................................................................................................11 DE Reg. 427 (Prop.) 11 DE Reg. 792 (Final) Title XIX Medicaid State Plan Attachment 4.19-D Pediatric Nursing Facility............................................................................................................11 DE Reg. 312 (Final) Title XIX Medicaid State Plan, Employee Education About False Claims Act...............11 DE Reg. 319 (Final) DSSM: 20330 Countable Resources Computation ...............................................11 DE Reg. 20 (Prop.) 11 DE Reg. 314 (Final) 20330.4.1 Annuities....................................................................................11 DE Reg. 274 (Prop.) 11 DE Reg. 676 (Final) 20340.5 Irrevocable Funeral Arrangements and Burial Trusts...................11 DE Reg. 720 (Prop.) 20700.5 Acquired Brain Injury Medicaid Waiver Program..........................11 DE Reg. 722 (Prop.) 50300 Referral Process .............................................................................11 DE Reg. 21 (Prop.) 11 DE Reg. 318 (Final) Pharmaceutical Services Program – Tamper-Resistant Prescription Pads11 DE Reg. 374 (Emer.) Division of Public Health 4203 Cancer Treatment Program............................................................................11 DE Reg. 115 (Emer.) 11 DE Reg. 278 (Prop.) 11 DE Reg. 680 (Final) 4403 Free Standing Birthing Centers.......................................................................11 DE Reg. 604 (Prop.) 4459 Lead Based Paint Hazards.............................................................................11 DE Reg. 280 (Prop.) 11 DE Reg. 759 (Final) 4469 Personal Assistance Services Agencies.........................................................11 DE Reg. 196 (Final) Division of Social Services DSSM: 1006 Civil Rights and Non-Discrimination...................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 1007 Complaint Procedures and................................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 9004 Non-Discrimination Policy .................................................................11 DE Reg. 23 (Prop.) 11 DE Reg. 325 (Final) 9006.3 Exceptions From Notice .................................................................11 DE Reg. 443 (Prop.) 11 DE Reg. 795 (Final) 9013.1 Household Definition ......................................................................11 DE Reg. 25 (Prop.) 11 DE Reg. 332 (Final) 9032 Mandatory Verification.......................................................................11 DE Reg. 216 (Final) 9032.2 Alien Eligibility ................................................................................11 DE Reg. 445 (Prop.) 11 DE Reg. 799 (Final) 9033 Verification of Questionable Information............................................11 DE Reg. 216 (Final) 9038 Verification Subsequent to Initial Certification....................................11 DE Reg. 216 (Final) Division of Substance Abuse and Mental Health 6100 Substance Abuse Facility Licensing Standards..............................................11 DE Reg. 448 (Prop.) DEPARTMENT OF INSURANCE 101 Organization, Methods and Operations of the Delaware Insurance Commission [Formerly Reg. 25]...................................................................................................11 DE Reg. 218 (Final) 606 Proof of Automobile Insurance [Formerly Regulation 31] ......................................11 DE Reg. 449 (Prop.) 11 DE Reg. 800 (Final) 608 Automobile Insurance Coverage [Formerly Regulation 45]....................................11 DE Reg. 220 (Final) 702 Required Disclosures For Residential Homeowners Polices..................................11 DE Reg. 454 (Prop.) 11 DE Reg. 805 (Final) 906 Use of Credit Information........................................................................................11 DE Reg. 630 (Prop.) 1216 Military Sales Practices ........................................................................................11 DE Reg. 26 (Prop.) 11 DE Reg. 333 (Final) 1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the Basis of Physical or Mental Impairment ..................................................................11 DE Reg. 32 (Prop.) 1301 Internal Review, Arbitration and Independent Utilization Review of Health..........11 DE Reg. 637 (Prop.) Insurance Claims ....................................................................................................11 DE Reg. 68 (Final) 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers 1403 Managed Care Organizations ..............................................................................11 DE Reg. 73 (Final) 1701 Credit Life and Credit Health Insurance................................................................11 DE Reg. 727 (Prop.) 2201 Implementation of Medical Malpractice Relief Initiative Pilot Program..................11 DE Reg. 456 (Prop.) 11 DE Reg. 806 (Final) DEPARTMENT OF JUSTICE Fraud and Consumer Protection Unit 102 Debt Management Services.............................................................................11 DE Reg. 640 (Prop.) DEPARTMENT OF LABOR Division of Industrial Affairs Workers Compensation Regulations.......................................................................11 DE Reg. 458 (Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1132 Transportation Conformity..............................................................................11 DE Reg. 281 (Prop.) 11 DE Reg. 682 (Final) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories Part 6.0 ...........................................................................................................11 DE Reg. 152 (Prop.) 11 DE Reg. 683 (Final) Parts 8.0 and 12.0.............................................................................................11 DE Reg. 221 (Final) 1142 Specific Emission Control Requirements, Section 2.0 Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries ........................................................................................................11 DE Reg. 75 (Final) 1148 Control of Stationary Combustion Turbine Electric Generating Unit Emissions.........................................................................................................11 DE Reg. 80 (Final) 1301 Regulations Governing Solid Waste...............................................................11 DE Reg. 459 (Prop.) 11 DE Reg. 807 (Final) 1302 Regulations Governing Hazardous Waste: Parts 261, 262, 262 Appendix, 264, 265, 279....................................................................................................11 DE Reg. 460 (Prop.) 11 DE Reg. 809 (Final) 1351 Underground Storage Tank Systems..............................................................11 DE Reg. 461 (Prop.) Division of Fish and Wildlife 3203, 3207, 3210, 3211, 3214 and 3215, Horseshoe Crab Regulations................11 DE Reg. 282 (Prop.) 11 DE Reg. 685 (Final) 3521 Weakfish Size Limits; Possession Limits; Seasons........................................11 DE Reg. 153 (Prop.) 11 DE Reg. 514 (Final) 3900 Wildlife Regulations .......................................................................................11 DE Reg. 33 (Prop.) 11 DE Reg. 334 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 1300 Board of Examiners of Private Investigators and Private Security Agencies.11 DE Reg. 464 (Prop.) 11 DE Reg. 810 (Final) 2300 Pawn Brokers and Junk Dealers....................................................................11 DE Reg. 288 (Prop.) 11 DE Reg. 687 (Final) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 103 Requirements for Family Child Care Homes....................................................11 DE Reg. 730 (Prop.) 104 Requirements for Large Family Child Care Day Care Homes..........................11 DE Reg. 730 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 200 Board of Landscape Architects........................................................................11 DE Reg. 347 (Final) 400 Delaware Gaming Control Board, (Regulations 401, 403 and 404).................11 DE Reg. 155 (Prop.) 401 Regulations Governing Bingo; 403 Regulations Governing Charitable Gambling Other Than Raffles; 404 Regulations Governing No Limit Texas Hold em Poker ...........................................................................................11 DE Reg. 516 (Final) 500 Board of Podiatry, Sections 7 and 9.................................................................11 DE Reg. 157 (Prop.) 11 DE Reg. 688 (Final) 700 Board of Chiropractic........................................................................................11 DE Reg. 348 (Final) 1400 Board of Electrical Examiners.........................................................................11 DE Reg. 812 (Final) 1800 Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners .......................................................................................................11 DE Reg. 86 (Final) 2000 Board of Occupational Therapy......................................................................11 DE Reg. 290 (Prop.) 2500 Board of Pharmacy, Section 1, Pharmacist Licensure Requirements...............................................11 DE Reg. 648 (Prop.) Section 2..........................................................................................................11 DE Reg. 222 (Final) Section 3..........................................................................................................11 DE Reg. 167 (Prop.) 11 DE Reg. 689 (Final) 2900 Real Estate Commission................................................................................11 DE Reg. 87 (Final) 2930 Council on Real Estate Appraisers.................................................................11 DE Reg. 171 (Prop.) 11 DE Reg. 813 (Final) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals...............................................................................11 DE Reg. 225 (Final) 11 DE Reg. 653 (Prop.) 3300 Board of Veterinary Medicine .........................................................................11 DE Reg. 88 (Final) 3600 Board of Registration of Geologists ...............................................................11 DE Reg. 55 (Prop.) 11 DE Reg. 349 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.............................................................................11 DE Reg. 294 (Prop.) 11 DE Reg. 814 (Final) 3800 Committee on Dietetics/Nutrition....................................................................11 DE Reg. 226 (Final) 4400 Delaware Manufactured Home Installation Board..........................................11 DE Reg. 177 (Prop.) 11 DE Reg. 691 (Final) 5300 Board of Massage and Bodywork...................................................................11 DE Reg. 178 (Prop.) 11 DE Reg. 692 (Final) Office of the State Bank Commissioner 2107/2208 Guidance On Nontraditional Mortgage Product Risks...........................11 DE Reg. 90 (Final) 2108/2209 Statement on Subprime Mortgage Lending...........................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 2302 Exemptions.....................................................................................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 3402 Surety Bond or Irrevocable Letter of Credit....................................................11 DE Reg. 298 (Prop.) 11 DE Reg. 693 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers...........................................................................11 DE Reg. 814(Final) Public Service Commission PSC Regulation Docket No. 51: Water Utilities .....................................................11 DE Reg. 465 (Prop.) PSC Regulation Docket No. 56: Rules to Implement the Renewable Energy Portfolio Standards Act ...................................................................................11 DE Reg. 485 (Prop.) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy 2309 Standards and Regulations for Subdivision Streets and State Highway Access ...............................................................................................11 DE Reg. 67 (Prop.) 11 DE Reg. 815 (Final) Division of Transportation Solutions Uniform Traffic Control Devices, Parts 2, 3, 4, 5 and 10..........................................11 DE Reg. 227 (Final) Part 6............................................................................................................11 DE Reg. 694 (Final) Division of Technology and Support Services 2501 External Equal Employment Opportunity Complaint Procedure.............. 11 DE Reg. 731 (Prop.) Office of Motor Fuel Tax Administration 2401 Regulations for the Office of Retail Gasoline Sales........................................11 DE Reg. 517 (Final) EXECUTIVE DEPARTMENT Delaware Economic Development Office 1104 Administration and Operation of Council on Development Finance...............11 DE Reg. 499 (Prop.) GOVERNOR’S OFFICE Executive Orders: No. 98 Establishing The Leadership For Education Achievement In Delaware Committee.........229 No. 99 Study By The State Fire Prevention Commission Regarding Audits Of Volunteer Fire Companies......................................................................................................................230 No. 100 Creating a Task Force Dealing with the Delaware Psychiatric Center ...........................519 No. 101 Establishing The Child Poverty Task Force....................................................................520 No. 102 Creating The Delaware Information Assurance Task Force...........................................696 No. 103 Declaring Drought Watch.............................................................................................. 821 DEPARTMENT OF EDUCATIONOFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Section 2901 (14 Del.C. §2901) 14 DE Admin. Code 1101 Education Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 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 1101 Standards for School Bus Chassis and Bodies For Buses placed in Production After March 1, 1998 (Terminology and School Bus Types are Those Described in the National Standards for School Transportation 1995). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before February 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 FEDERAL STREET, SUITE 2, DOVER, DELAWARE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect equitable education opportunities. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student health and safety. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and would not change any authority or flexibility of decision making at the board or 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does make any changes to reporting or administrative requirements at the local board or school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and continues the decision making authority with 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect the implementation of other state educational policies. 9.Is there a less burdensome method for addressing the purpose of the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and there is no other less burdensome method of addressing this issue. 10.What is the cost to the State and to the local school boards of compliance with the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus. The costs to securing a U.S. Flag decal or place would be incumbent with the local district or school; however, this is voluntary and not mandatory. 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 (Terminology and School Bus Types are Those Described in the National Standards for School Transportation 1995) (Break in Continuity of Sections) 2.0Bus Body Standards .................... 2.18Floor 2.18.1Floor in under seat area, including tops of wheelhousing, driver's compartment and toeboard, shall be covered with rubber floor covering or equivalent, having a minimum overall thickness of .125". The driver's area on all Type A buses may be manufacturer's standard flooring and floor covering. 2.18.2Floor covering in aisles shall be of aisle type rubber or equivalent, wear resistant and ribbed. Minimum overall thickness shall be .187" measured from tops of ribs. 2.18.3Floor covering must be permanently bonded to floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be a type recommended by the manufacturer of floor covering material. All seams must be sealed with waterproof sealer. 2.18.4On Types A-I, B, C and D buses a screw down plate that is secured and insulated shall be provided to access the fuel tank sending unit. 2.19Heaters 2.19.1Heater shall be a hot water type. 2.19.2Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus. 4 DE Reg. 995 (12/1/00) 2.19.3If only one heater is used, it shall be fresh air or combination fresh air and recirculation type. 2.19.4If more than one heater is used, additional heaters may be recirculating air type. 2.19.5The heating system shall be capable of maintaining bus interior temperatures as specified in SAE test procedure J2233. 2.19.6All heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMI Standard No. 001. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate. 2.19.7Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE Standard J20c. Heater lines on the interior of bus shall be shielded to prevent scalding of the driver or passengers. 2.19.8Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location. 2.19.9There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated. 2.19.10Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company installed heaters to remove air from the heater lines. 2.19.11Access panels shall be provided to make heater motors, cores, and fans readily accessible for service. Outside access panel may be provided for the driver’s heater. 2.20Hinges:All exposed metal door hinges subject to corrosion shall be designed to allow lubrication to be channeled to the center 75% of each hinge loop. 2.21Identification 2.21.1Body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for highway signs. "SCHOOL BUS" lettering shall have a reflective background, or as an option, may be illuminated by backlighting. All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white. 2.21.2Bus identification number shall be displayed on the sides, on the rear, and on the front. 2.21.3Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to: 2.21.3.1District or company name or owner of the bus may be displayed. 2.21.3.2Bus identification number on the top of the bus, in addition to required numbering on sides, rear, and front. 2.21.3.3The location of the battery(ies) identified by the word “BATTERY” or “BATTERIES” on the battery compartment door in 2" lettering. 2.21.3.4Lettering to identify the fuel type at the fuel filler location (2” letters maximum). 2.21.3.5Symbols or letters near the service door displaying information for identification by the students of the bus or route served. Such symbols or lettering, if used, shall not exceed 36 square inches in size. 2.21.3.6Symbols identifying the bus as equipped for or transporting students with special needs (see Specially Equipped School Bus section). 2.21.3.7Manufacturer, company name, dealer, or school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches x 12 inches may be displayed in the right side plate location on the rear of the bus. 2.22Inside Height: Inside body height shall be 72" or more, measured metal to metal, at any point on longitudinal center line from front vertical bow to rear vertical bow. Inside body height of Type A buses shall be 62" or more. 2.23Insulation 2.23.1Thermal insulation shall be fire resistant, UL approved, and approximately 1 1/2" thick with minimum R value of 5.5. Insulation shall be installed to prevent sagging. 2.23.2If floor insulation is required, it shall be either 5 ply nominal 5/8" thick plywood, or a material of equal or greater strength and insulation R value, and it shall equal or exceed properties of the exterior type softwood plywood, C-D Grade as specified in standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-II buses may be equipped with nominal 1/2" thick plywood meeting above requirements. 2.24Interior 2.24.1Interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant hand rails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If ceiling is constructed to contain lapped joints, forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and tow chains. (See Storage Compartment, Body section) 2.24.2The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment. 2.24.3Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the 1995 National Standards. *Please Note: As the rest of the sections were not amended, they are not being published here. A copy of the regulation is available at: 1101 Standards for School Bus Chassis and Bodies Placed in Production After March 1, 1998 OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Section 2901 (14 Del.C. §2901) 14 DE Admin. Code 1102 Education Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 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 1102 Standards for School Bus Chassis and Bodies For Buses placed in production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before February 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 FEDERAL STREET, SUITE 2, DOVER, DELAWARE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect equitable education opportunities. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student health and safety. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and would not change any authority or flexibility of decision making at the board or 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does make any changes to reporting or administrative requirements at the local board or school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and continues the decision making authority with 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect the implementation of other state educational policies. 9.Is there a less burdensome method for addressing the purpose of the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and there is no other less burdensome method of addressing this issue. 10.What is the cost to the State and to the local school boards of compliance with the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus. The costs to securing a U.S. Flag decal or place would be incumbent with the local district or school; however, this is voluntary and not mandatory. 1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 (Terminology and School Bus Types are those described in the National School Transportation Specifications and Procedures (NSTSP), May 2000 (Break in Continuity of Sections) 2.0Bus Body Standards 2.19Handrails: At least one handrail shall be installed. The handrail(s) shall assist passengers during entry or exit, and be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test as defined in the NSTSP. 2.20Heater and Air Conditioning Systems 2.20.1Heating System 2.20.1.1The heater shall be a hot water type. 2.20.1.2Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus. 2.20.1.3If only one heater is used, it shall be fresh air or combination fresh air and recirculation type. 2.20.1.4If more than one heater is used, additional heaters may be temperatures as specified recirculating air type. 2.20.1.5The heating system shall be capable of maintaining bus interior in SAE test procedure J2233. 2.20.1.6All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate. 2.20.1.7Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c. Heater lines on the interior of bus shall be shielded to prevent scalding of the driver or passengers. 2.20.1.8Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location. 2.20.1.9There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated. 2.20.1.10 Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company installed heaters to remove air from the heater lines. 2.20.1.11Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An outside access panel may be provided for the driver's heater. 2.20.2Air Conditioning 2.20.2.1Performance Specifications 2.20.2.1.1The installed air conditioning system shall cool the interior of the bus down to at least 80 degrees Fahrenheit, measured at a minimum of three points, located 4’ above the floor at the longitudinal centerline of the bus. The three points shall be: (1) near the driver’s location, (2) at the midpoint of the body, and (3) 2' forward of the emergency door, or, for type D rear engine buses, 2' forward of the end of the aisle. 2.20.2.1.2The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit (2) heat soaking the bus at 100 degrees Fahrenheit with windows open for at least 1 hour and (3) closing windows, turning on the air conditioner with the engine running at the chassis manufacturer’s recommended low idle speed, and cooling the interior of the bus to 80 degrees Fahrenheit or lower within a maximum of 30 minutes while maintaining 100 degrees Fahrenheit outside temperature. 2.20.2.1.3Alternately, this test may be performed under actual summer conditions, which consist of temperatures above 85 degrees Fahrenheit, humidity above 50 percent with normal sun loading of the bus and the engine running at the engine manufacturer’s recommended low idle speed. After a minimum of 1 hour of heat soaking, the system shall be turned on and must provide a minimum 20 degree temperature drop in the 30 minute time limit. 2.20.2.2Other Requirements 2.20.2.2.1Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus. 2.20.2.2.2Any evaporator or ducting system shall be designed and installed so as to be free of injury prone projections or sharp edges. Any ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges. 2.20.2.2.3Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable. 2.20.2.2.4On specially equipped school buses, the evaporator and ducting (if used) shall be placed high enough that they will not obstruct occupant securement shoulder strap upper attachment points. This clearance shall be provided along entire length of the passenger area on both sides of the bus interior to allow for potential retrofitting of new wheelchair positions and occupant securement devices throughout the bus. 2.20.2.2.5The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant. 2.20.2.2.6The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor. 2.20.2.2.7All system operating controls, including on off switch(es), blower switch(es) and thermostat controls shall be accessible to the driver in a seated position. 2.20.2.2.8Blowers shall be a minimum of two speeds. 2.20.2.2.9Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused. 2.20.2.2.10Refrigerant shall be R 134A. 2.20.2.2.11All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided. 2.20.2.2.12The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood (see “Insulation”) or composite floor insulation to aid in heat dissipation and reflection. 2.20.2.2.13All glass (windshield, service and emergency doors, side and rear windows) shall be equipped with maximum integral tinting allowed by federal or ANSI standards for the respective locations, except that windows rear of the driver’s compartment shall have approximately 28 percent light transmission. 2.20.2.2.14Type A buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 120 amperes. Type B, C, and D buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 160 amperes. 2.20.2.2.15Roofs shall be painted white (see “Color”). 2.21Hinges: All exterior metal door hinges which do not have stainless steel, brass, or nonmetallic hinge pins or other designs that prevent corrosion shall be designed to allow lubrication to be channeled to the center 75 percent of each hinge loop without disassembly. 2.22Identification 2.22.1The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white. 2.22.2Bus identification number shall be displayed on the sides, on the rear, and on the front. 2.22.3District or company name or owner of the bus shall be displayed; 2.22.4Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to: 2.22.4.1The location of the battery(ies) identified by the word "Battery" or "Batteries" on the battery compartment door in 2" lettering; 2.22.4.2Symbols or letters not to exceed 64 square inches of total display near the service door, displaying information for identification by the students of the bus or route served; 2.22.4.3Symbols identifying the bus as equipped for or transporting students with special needs (see Specially Equipped School Bus section); 2.22.4.4Lettering of fuel type in 2” lettering adjacent to the fuel filler opening; and 2.22.4.5Manufacturer, company name, dealer, or school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches x 12 inches may be displayed in the right side plate location on the rear of the bus. 2.23Inside Height: Inside body height shall be 72" or more, measured metal to metal, at any point on longitudinal center line from front vertical bow to rear vertical bow. Inside body height of Type A-1 buses shall be 62" or more. 2.24Insulation 2.24.1If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging. 2.24.2If floor insulation is required, it shall be 5 ply nominal 5/8" thick plywood, and it shall equal or exceed properties of the exterior type softwood plywood, C-D Grade, as specified in standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/ 2" thick plywood meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, deterioration, sound abatement and moisture resistance properties. 2.25Interior 2.25.1The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant hand rails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed to contain lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and tow chains. (See “Storage Compartment”) 2.25.2The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment. 2.25.3Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B. School buses with a capacity of 36 passengers or greater shall be equipped with a sound proof body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound. 2.25.4Interior overhead storage compartments may be provided if they meet the following criteria: 2.25.4.1Meet head protection requirements of FMVSS 222 where applicable; 2.25.4.2Have a minimum rated capacity displayed for each compartment; 2.25.4.3Be completely enclosed and equipped with latching doors which must be sufficient to withstand a force five times the maximum rated capacity of the compartment; 2.25.4.4Have all corners and edges rounded with a minimum radius of 1" or padded equivalent to door header padding; 2.25.4.5Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and 2.24.4.6Have no protrusions greater than ¼ inch. 2.25.5For bus chassis and bodies produced after March 1, 2003, the interiors shall have mar proof side walls. *Please Note: As the rest of the sections were not amended, they are not being published here. A copy of the regulation is available at: 1102 Standards for School Bus Chassis and Bodies Placed in Production on or after March 1, 2002 and on or after March 1, 2003 with Specific Changes for Buses Placed in Production after January 1, 2004 OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Section 2901 (14 Del.C. §2901) 14 DE Admin. Code 1103 Education Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 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 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2005). The amendment allows for the placement of a U.S. Flag decal or plate on a school bus. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before February 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 FEDERAL STREET, SUITE 2, DOVER, DELAWARE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect equitable education opportunities. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student health and safety. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect student legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and would not change any authority or flexibility of decision making at the board or 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does make any changes to reporting or administrative requirements at the local board or school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and continues the decision making authority with 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? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and does not affect the implementation of other state educational policies. 9.Is there a less burdensome method for addressing the purpose of the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus and there is no other less burdensome method of addressing this issue. 10.What is the cost to the State and to the local school boards of compliance with the regulation? This amendment is related to allowing a U.S. Flag plate or decal on a school bus. The costs to securing a U.S. Flag decal or place would be incumbent with the local district or school; however, this is voluntary and not mandatory. 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 (Terminology and School Bus Types are Those Described in the National School Transportation Specifications and Procedures (NSTSP), May 2005). (Break in Continuity of Sections) 2.0Bus Body Standards ................................ 2.19Handrails: At least one handrail shall be installed. The handrail(s) shall assist passengers during entry or exit, and shall be designed to prevent entanglement, as evidenced by the passage of the National Highway Transportation Safety Administration (NHTSA) string and nut test. 2.20Heater and Air Conditioning Systems 2.20.1Heating System 2.20.1.1The heater shall be a hot water type. 2.20.1.2Every bus with a capacity of 36 or more shall have 2 heaters at the front: 1 to the left of the driver, and 1 to the right of the driver near the entrance door, and 1 heater in the rear portion of the bus. 2.20.1.3If only one heater is used, it shall be fresh air or combination fresh air and recirculation type. 2.20.1.4If more than one heater is used, additional heaters may be recirculating air type. 2.20.1.5The heating system shall be capable of maintaining bus interior temperatures, as specified in test procedure SAE J2233. 2.20.1.6Auxiliary fuel fired heating systems are permitted, provided they comply with the following: 2.20.1.6.1The auxiliary heating system shall utilize the same type fuel as specified for the vehicle engine; 2.20.1.6.2The heater(s) shall be connected to the engine coolant system; 2.20.1.6.3An auxiliary heating system when connected to the engine coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the heating system; 2.20.1.6.4Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers; 2.20.1.6.5All combustion heaters shall be in compliance with current Federal Motor Carrier Safety Regulations; 2.20.1.6.6The auxiliary heating system shall require low voltage; and 2.20.1.6.7Auxiliary heating systems shall comply with FMVSS No. 301, Fuel System Integrity, and all other applicable FMVSSs, as well as with SAE test procedures. 2.20.1.7All forced air heaters installed by body manufacturers shall bear a name plate that indicates the heater rating in accordance with SBMTC-001, Standard Code for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate. 2.20.1.8Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c, Coolant System Hoses. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers. 2.20.1.9Each hot water system installed by a body manufacturer shall include one shut off valve in the pressure line and one shut off valve in the return line with both valves at the engine in an accessible location, except that on all Types A and B buses, the valves may be installed in another accessible location. 2.20.1.10Each hot water heating system shall be equipped with a device installed in the hot water pressure line that regulates the water flow to all heaters. The device shall be located for convenient operation by the driver while seated. 2.20.1.11Accessible bleeder valves for removing air from the heater shall be installed in an appropriate place in the return lines of body company installed heater. 2.20.1.12Access panels shall be provided to make heater motors, cores and fans readily accessible for service. An exterior access panel to the driver’s heater may be provided. 2.20.2Air Conditioning 2.20.2.1Performance Specifications 2.20.2.1.1The installed air conditioning system shall cool the interior of the bus from 100 degrees to 80 degrees Fahrenheit, measured at three points (minimum), located four feet above the floor on the longitudinal centerline of the bus. The three required points shall be: (1) near the driver’s location, (2) at the longitudinal midpoint of the body, and (3) two feet forward of the emergency door, or, for Type D rear engine buses, two feet forward of the end of the aisle. 2.20.2.1.2The test conditions under which the above performance must be achieved shall consist of: (1) placing the bus in a room (such as a paint booth) where ambient temperature can be maintained at 100 degrees Fahrenheit; (2) heat soaking the bus at 100 degrees Fahrenheit with windows open for at least one hour; and (3) closing windows, turning on the air conditioner with the engine running at the chassis manufacturer’s recommended low idle speed, and cooling the interior of the bus to 80 degrees Fahrenheit, or lower, within 30 minutes while maintaining 100 degrees Fahrenheit outside temperature. 2.20.2.1.3Alternately, this test may be performed under actual summer conditions, which consist of temperatures above 85 degrees Fahrenheit, humidity above 50 percent with normal sun loading of the bus and the engine running at the engine manufacturer’s recommended low idle speed. After a minimum of 1 hour of heat soaking, the system shall be turned on and must provide a minimum of a 20 degree temperature drop in the 30 minute time limit. 2.20.2.1.4The manufacturer shall provide facilities for the user or user's representative to confirm that a pilot model of each bus design meets the above performance requirements. 2.20.2.2Other Requirements 2.20.2.2.1Evaporator cases, lines and ducting (as equipped) shall be designed in such a manner that all condensation is effectively drained to the exterior of the bus below the floor level under all conditions of vehicle movement and without leakage on any interior portion of bus. 2.20.2.2.2Evaporators or ducting systems shall be designed and installed to be free of projections or sharp edges. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges. 2.20.2.2.3Evaporator cases and ducting systems shall be equipped with diffusers that are adjustable. 2.20.2.2.4Air intake for any evaporator assembly(ies), except for front evaporator of Type A-I, shall be equipped with replaceable air filter(s) accessible without disassembly of evaporator case. 2.20.2.2.5On school buses equipped with Type 2 seatbelts having anchorages above the windows, the evaporator and ducting (if used) shall be placed at a height sufficient to not obstruct occupant securement anchorages. This clearance shall be provided along the entire length of the passenger area on both sides of the bus interior; 2.20.2.2.6The condensers shall be equipped with a sight glass (or at least one for each part of a split system) that is accessible and directly visible for checking the level of the refrigerant. 2.20.2.2.7The compressor system shall be equipped with both a high pressure and a low pressure switch to prevent compressor operation when system temperatures are above or below recommended safe levels. Lubrication of moving compressor parts shall be accomplished automatically. An automatic (electric) clutch shall be provided on each compressor. 2.20.2.2.8All system operating controls, including on off switch(es), blower switch(es) and thermostat controls shall be within reach of a seated 5th percentile adult female driver. 2.20.2.2.9Blowers shall be a minimum of two speeds. 2.20.2.2.10Wiring shall be copper with color coded insulation. The air conditioning system shall be equipped with at least one manually resetable circuit breaker per side to provide overload protection for the main power circuit feeding the evaporator blowers and condenser fans. System control circuits shall also have overload protection, but may be fused. 2.20.2.2.11Refrigerant shall be R 134A. 2.20.2.2.12All wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear. All flexible refrigerant hoses shall be double braided. 2.20.2.2.13The body shall be equipped with insulation, including sidewalls, roof, firewall, rear, inside body bows and plywood (see “Insulation”, this section) or composite floor insulation to reduce thermal transfer. 2.20.2.2.14All glass shall be tinted (see “Windows”, this section and “Special Service Entrance Door”, section 3). 2.20.2.2.15Type A buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 130 amperes. Type B, C, and D buses equipped with air conditioning shall be furnished with an alternator with a minimum output rating of 200 amperes. 2.20.2.2.16Roofs shall be painted white to aid in heat dissipation (see “Color”, this section). 2.21Hinges: All exterior metal door hinges shall be designed to allow lubrication to be channeled to the center 75% of each hinge loop without disassembly, unless they are constructed of stainless steel, brass or non metallic hinge pins or other designs that prevent corrosion. 2.22Identification 2.22.1The body shall bear words "SCHOOL BUS" in black letters at least 8 inches high on both front and rear of the body or on signs attached thereto. Lettering shall be placed as high as possible without impairment of its visibility. Letters shall conform to "Series B" of Standard Alphabets for Highway Signs. "SCHOOL BUS" lettering shall have a reflective background. It may not be illuminated by backlighting. 2.22.2All lettering on NSBY surfaces shall be black, and lettering on black surfaces shall be NSBY or white. 2.22.3Bus identification number shall be displayed on both sides, on the rear, and on the front. 2.22.4District, company name or owner of the bus shall be displayed (letters 3 inch minimum to 6 inches maximum; 2.22.5Other lettering, numbering, or symbols which may be displayed on the exterior of the bus, shall be limited to: 2.22.5.1The location of the battery(ies) identified by the word "BATTERY" or "BATTERIES" on the battery compartment door in 2 inch lettering; 2.22.5.2Symbols or letters not to exceed 64 square inches of total display near the service door, displaying information for identification by the students of the bus or route served; 2.22.5.3Symbols identifying the bus as equipped for or transporting students with special needs (see Standards for Specially Equipped School Bus section); 2.22.5.4Identification of fuel type in 2 inch lettering adjacent to the fuel filler opening; and 2.22.5.5Manufacturer, company name, dealer, or school logo, or U.S. Flag (with no other wording or artwork) decal or plate not to exceed 6 inches by 12 inches may be displayed in the right side plate location on the rear of the bus. 2.23Inside Height: Inside body height shall be 72 inches or more, measured metal to metal, at any point on longitudinal center line from the front vertical bow to the rear vertical bow. Inside body height of Type A-1 buses shall be 62 inches or more. 2.24Insulation 2.24.1If thermal insulation is specified, it shall be fire resistant, UL approved, with minimum R value of 5.5. Insulation shall be installed so as to prevent sagging. 2.24.2If floor insulation is required, it shall be 5 ply softwood plywood, nominal 5/8 inch thickness, and shall equal to or exceed properties of the exterior type, C-D Grade, as specified in the standard issued by U.S. Department of Commerce. When plywood is used, all exposed edges shall be sealed. Type A-1 buses may be equipped with nominal 1/ 2 inch thick plywood or equivalent material meeting the above requirements. Equivalent material may be used to replace plywood, provided it has an equal or greater insulation R value, sound abatement, deterioration resistant and moisture resistant properties. 2.25Interior 2.25.1The interior of bus shall be free of all unnecessary projections, which include luggage racks and attendant handrails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed with lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and/or tow chains. (See “Storage Compartment”, this section) 2.25.2The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment. 2.25.3Every school bus shall be constructed so that the noise level at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in the NSTSP, Appendix B. 2.25.4School buses with a capacity of 36 passengers or greater shall be equipped with a sound proof body package that includes firewall and engine cover. The headliner over the driver’s compartment to the front barriers shall be perforated to absorb sound. 2.25.5Buses shall have mar proof sidewalls. 2.25.6Interior overhead storage compartments may be provided if they meet the following criteria: 2.25.6.1Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable; 2.25.6.2Have a maximum rated capacity displayed for each compartment; 2.25.6.3Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the center of the door); 2.25.6.4Have all corners and edges rounded with a minimum radius of 1 inch or be padded equivalent to door header padding; 2.25.6.5Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and 2.25.6.6Have no protrusions greater than ¼ inch. *Please Note: As the rest of the sections were not amended, they are not being published here. A copy of the regulation is available at: 1103 Standards for School Bus Chassis and Bodies For Buses placed in production on or after January 1, 2007 PROFESSIONAL STANDARDS BOARDStatutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 1505 Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d) 1505 Standard Certificate A.Type of Regulatory Action Requested Amendment to Existing Regulation B.Synopsis of Subject Matter of Regulation The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1505 Standard Certificate. The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation to provide clarification on the requirements for a Delaware educator to attain a second or subsequent certification. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday, February 4, 2008 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. 3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, not students’ legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision makers at the local board and school level. 6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision-making authority and accountability for addressing the subject to be regulated rests with the Professional Standards Board, in collaboration with the Department of Education, and with the consent of the State Board of Education. 8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with, and not an impediment to, the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the amended regulation? 14Del.C. requires that we promulgate this regulation. 10.What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1505 Standard Certificate 1.0Content 1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a). 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 2.0Definitions 2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours taken either as part of a degree program or in addition to it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. “Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major or its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “NASDTEC” means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 98 (07/01/06) 3.0Standard Certificate The Department shall issue a Standard Certificate to an educator who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003, who has met the following requirements: 3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2Meeting the requirements set forth in the relevant Department or Standards Board regulation governing the issuance of a Standard Certificate in the area for which a Standard Certificate is sought; or 3.1.3Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in the area of the Standard Certificate requested, or 3.1.4Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.5Holding a bachelor’s degree from a regionally accredited college or university in any content area and 3.1.5.1for applicants applying after June 30, 2006 for their first standard certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) or their equivalent credits must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieved a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3Met the requirements for licensure and holding a valid and current license or certificate from another state in the area for which a Standard Certificate is requested; or 3.4Met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203. 3.5If additional criteria are imposed by a specific regulation in the area for which a Standard Certificate is sought, the additional requirement must also be met. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1004 (2/1/04) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 10 DE Reg. 1593 (04/01/07) 4.0Multiple Certificates 4.1Educators may hold certificates in more than one area. 4.2Educators applying for their second or subsequent Standard Certificate(s) must meet the qualifications in section 3.0 for each additional standard certificate. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 10 DE Reg. 97 (07/01/06) 5.0Application Requirements 5.1Official transcripts; and 5.2Official scores on the Praxis II examination if applicable and available; or 5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate; if applicable; or 5.4An official copy of the out of state license or certification, if applicable. 5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1004 (2/1/04) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 6.0Application Procedures for License Holders 6.1If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 6.2If additional criteria are imposed by a specific regulation in the area for which a Standard Certificate is sought, the additional requirements must also be met; and, 6.32Notwithstanding any provision to the contrary herein, or in any Department or Standards Board content area, subject or category standard certificate regulation (including 14 DE Admin. Code, 1500, et. seq.), the Department shall not act on an application for certification if the applicant is under official investigation by any national, state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 10 DE Reg. 1593 (04/01/07) 7.0Effect of Regulation This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2009. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 8.0Validity of a Standard Certificate A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator's Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board's Hearing Procedures and Rules. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 7 DE Reg. 1004 (2/1/04) 7 DE Reg. 1742 (6/1/04) 10 DE Reg. 97 (07/01/06) 9.0Secretary of Education Review The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. 7 DE Reg. 161 (8/1/03) 7 DE Reg. 629 (11/1/03) 10 DE Reg. 1593 (04/01/07) DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Temporary Assistance for Needy Families Employment and Training Program In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services (DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding the Temporary Assistance for Needy Families (TANF) Employment and Training Program. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by January 31, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSAL The purpose of this regulatory action is to amend the Division of Social Services Manual (DSSM) regarding participation and participation rates provisions for the TANF Employment and Training Program. Statutory Authority •Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) •45 CFR §261.22, How will we determine a State’s overall work rate? •45 CFR §261.31, How many hours must an individual participate to count in the numerator of the overall rate? •45 CFR §261.32, How many hours must an individual participate to count in the numerator of the two-parent rate? •45 CFR §261.35, Are there any special work provisions for single custodial parents? Summary of Proposed Change DSSM 3006.2, TANF Employment and Training Participation and Participation Rates: These rule modifications clarify the calculation of the work participation rate and the required participation of TANF recipients in employment and training activities. Previously implemented in January 2007, this policy was already a federal exemption option but DSS was more restrictive with the thirteen (13) weeks option. DSS PROPOSED REGULATION #07-58 REVISIONS: 3006.2 TANF Employment and Training Participation and Participation Rates Under the Temporary Assistance For Needy Families Block Grant, DSS is required to meet the following work participation rates with respect to all families that include an adult or minor child head of household receiving assistance: DSS may face a lower work participation rate if it experiences a net caseload reduction compared to FY 2005. Example: If it is determined that DSS' average monthly caseload in FY 2006 was 4 percentage points lower than average monthly caseloads in FY 2005, then, rather than having to meet a 50% work participation rate requirement in FY 2006, the rate would be lowered by 4 percentage points to 46%. To be counted toward meeting the work participation rate, each individual must meet the required number of hours each week. Single parents who are not working 30 hours a week or making an equivalent of 30 hours a week times minimum wage are required to participate in work and/or work related activities. Participation in work and work related activities must equal at least a minimum average of 30 hours a week.; and, at least 20 of the hours per week must come from participation in federally defined core activities. Single parent/caretaker TANF recipients with a child in the TANF household under six are deemed to be engaged in work for a month if the recipient is engaged in federally defined core work activities for an average of at least 20 hours per week during the month. Two-parent families where one parent is not working at least 35 hours a week or making the equivalent of 35 hours a week times minimum wage are required to participate in work and/or work related activities. Participation in work and work related activities must equal an average of at least 35 hours a week.; and, at least 30 of the hours per week must come from participation in federally defined core activities. Two parent families who receive federally funded Purchase of Care services who are not working at least 55 hours a week or making the equivalent of 55 hours a week times minimum wage are required to participate in work and/or work related activities. Participation in work and work related activities for one parent must equal 35 hours a week. Combined hours of participation in work and work related activities must equal an average of at least 55 hours a week. Of the average 55 hours a week the participants must average at least 50 hours a week of federally defined core activities. Teen parents are required to attend school, work, or participate in the employment and training activities. Elementary, sSecondary, post-secondary, vocational, training school, and participation in a GED program meets participation requirements for the month and is the equivalent to work. If they are not attending one of the above types of school or working for 30 hours a week they must participate in employment and training activities for 20 or30 hours a week. Single custodial parents with a child under 12 months of age are able to receive an exemption from Employment and Training requirements for a total of 12 months in their lifetime. These 12 months can be used any time the parent has a child less than 12 months of age. Once the youngest child reaches 12 months of age the parents are required to participate in Employment and Training. If they are already working the equivalent of their required Employment and Training Hours (20, 30, 35, 55), the DCIS II system will code them as volunteers for Employment and Training. The monthly participation rate is calculated as follows: Numerator: # of TANF and SSP-MOE families with a work-eligible-individual who meet the participation require­ment for the month divided by Denominator: # of TANF and SSP-MOE families that include a work-eligible individual, less # of families sanctioned in that month for failure to participate in work (for up to 3 months in preceding 12 month period), less the number of non-needy caretaker households less the number of single custodial parents opting to use one of the 12 months allowable exemptions for caring for a child under one year of age. A parent can only use this exemption for a total of 12 months in their lifetime. 8 DE Reg. 1618 (5/01/05) 10 DE Reg. 706 (10/01/06) DIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE FOOD STAMP PROGRAM Child Support Cooperation and Sanctions In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding the child support provisions. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by January 31, 2008. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSED CHANGES Statutory Authority •7 CFR 273.11(o), Custodial Parent’s Cooperation with the State Child Support Agency •7 CFR 273.11(c), Treatment of Income and Resources of Certain Non-Household Members Summary of Proposed Changes DSSM 9076.2 (Revision), SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs: Currently TANF and Child Care require DSS applicants and recipients to cooperate with DCSE to get benefits. DSS is proposing to require the same cooperation for food stamp clients. The only difference is that only the custodial parent or responsible individual will be sanctioned for non-compliance, not the other household members. The sanctioned individual will have his/her income and deductions prorated like other prorated, sanctioned deemers. DSSM 9094 (New), Cooperation with the Division of Child Support Enforcement (DCSE): DSS is proposing to take the option to require custodial parents and other individuals responsible for the care of minor dependents to cooperate with the Division of Child Support Enforcement (DCSE) as a condition of eligibility for the Food Stamp Program. Requiring the cooperation with child support will help facilitate the client towards self-sufficiency by identifying and locating absent parents, establishing paternity, and establishing support payments for the dependent children. Also, requiring cooperation may uncover unreported income. Child support payments may reduce the household’s benefit; however, the household will have more money to spend on household expenses and food. DSS PROPOSED REGULATION #07-59 REVISION: 9076.2 SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs Determine as follows the eligibility and benefit level of remaining household members of a household containing individuals determined ineligible due to: •Because of disqualification for refusal to obtain or provide an SSN; or •non-cooperation with the Division of Child Support Enforcement; or •Because of meeting the time limit for able-bodied adults without dependents. 1)Resources - The resources of such ineligible members continue to count in their entirety full to the remaining household members. 2)Income - Count a prorata share of the income of such ineligible members as income to the remaining members. This prorata share is calculated by first subtracting the allowable exclusions from the ineligible member's income and dividing the income evenly among the household members, including the ineligible members. All but the ineligible member's share is counted as income for the remaining household members. To get the prorated share, subtract the allowable income exclusions from the ineligible member’s income, divide the amount by the household size, and use all the income except for the prorated share of the ineligible household member. 3)Deductible expenses - The Allow the earned income deduction applies to for the prorated share of income used by the remaining household members. earned by such ineligible members which is attributed to their house­holds. That portion of Divide the household's allowable child support payment, shelter (except any utility allow­ances), and dependent care expenses, which are either paid by or billed to the excluded members, will be dividedevenly among the household's members including the ineligible members. Allow Aall but the ineligible member's share is counted as a deductible child support payment, shelter (except any utility allowances), or minor care expense for the remaining household members. 4)Eligibility and benefit level - Such iIneligible members will not be included when in determining their household's size for the purposes of when: a)Assigning a benefit level to the household; b)Comparing the household's monthly income with the income eligibility standards; or c)Comparing the household's resources with the resource eligibility limits. (Break in Continuity of Sections) 9094Cooperation with the Division of Child Support Enforcement (DCSE) Cooperation as Condition of Eligibility In order to get food stamp benefits, all applicants must cooperate with the Division of Child Support Enforcement (DCSE) to receive child support for minor children in their care. Custodial parents/caretakers cannot get food stamps if they fail to cooperate with DCSE. A custodial parent is a natural or adoptive parent who lives with his or her child, or a person who is living with and exercises parental control over a child under the age of 18. Both applicants and recipients must cooperate, unless they can show good cause, in: 1.Identifying and locating absent parents; 2.Proving paternity for minor children born out of wedlock; and 3.Getting support payments and/or other properties for the minor child(ren). DCSE is the single State agency that: •Establishes paternity of and secures support for children born out of wedlock; •Gets support from parents who have abandoned or deserted their children; and •Enters into cooperative arrangements with appropriate courts and law enforcement officials in order to get support. Applicants and recipients will be told of this requirement in writing at the time of application and recertification for continued benefits. DSS will refer caretakers to DCSE based on the following: •DSS will refer a person to DCSE who is receiving food stamps and the food stamp assistance unit has children under the age of 18 with an absent parent(s). •DSS will refer a person to DCSE who is receiving TANF or Child Care and the food stamp assistance unit has children not included in the TANF or Child Care case. •DSS will not refer a person who is receiving TANF or Child Care and has cooperated as long as the assistance units contain the same persons. •DSS will not refer a person who had good cause for not cooperating or made a good faith effort to cooperate as long as the assistance units contain the same persons. Cooperation Responsibilities Clients must cooperate with DCSE to get food stamp benefits. All families are required to provide enough information to permit DCSE to get child support on behalf of the family. DCSE can make exceptions when the caretaker can prove that trying to get child support would create a danger to the caretaker or the children. This is called a good cause claim. The client is responsible to get proof to verify good cause claims. DCSE can also determine a caretaker has cooperated when he/she makes a good faith effort to provide all the information he/she can about the non-custodial parent. To cooperate with DCSE, applicants or recipients of food stamps must participate in the following activities, if required: •To appear at an office of DSS or DCSE to give verbal or written information or written documents known to or possessed by the applicant or recipient; •To appear as a witness in court or other hearings or proceedings; or •To provide information or to confirm to the lack of information under penalty of perjury. Penalties for Non-Cooperation When a caretaker fails to cooperate with DCSE without good cause or fails to make a good faith effort to cooperate, that person will not get food stamp benefits. The sanction applies only to the caretaker, not the entire household. Income, Expenses and Resources of Sanctioned Household Member All resources of the sanctioned caretaker count toward the food stamp benefits. Income and expenses are prorated and count toward the food stamp benefits. See policy under 9076.2. Curing the Child Support Sanction To cure the child support sanction, the caretaker will provide enough information to permit DCSE to pursue child support collections on behalf of the minor children in his/her care. Once it is determined that the caretaker has cooperated, DSS will add him/her to the case. Reopening the Sanctioned Person Once DCSE provides proof that the caretaker cooperated, DSS will reopen him/her. The caretaker will be added to the case effective the month after the month he/she cooperated. The household’s certification period is not shortened or extended because of the sanction. Good Faith Effort If the applicant or recipient cannot provide the minimum information required about the absent parent, DCSE may still determine the person as cooperating if the person completes a Good Faith Affidavit. The Affidavit lists the steps the caretaker took to get the information and what barriers the person faced. Good Cause Determination DCSE is responsible to determine if good cause for refusing to cooperate exists. When good cause exists, the person may get food stamp benefits and will not have to cooperate in support collection activities. Claiming Good Cause for Non-Cooperation DSS will tell applicants and recipients, at application and recertification, of the right to good cause as an exception to the cooperation requirement. DSS will also tell applicants and recipients about the reasons they have to claim good cause. Caretakers will not have to cooperate if they believe that their cooperation would not be in the best interest of their child. They must give proof to support their claim. DCSE may decide that a person has good cause for refusing to cooperate if one or more of the following conditions exist: •Cooperation is likely to result in serious physical or emotional harm to the child; •Cooperation is likely to cause physical or emotional harm to the person which is so serious as to reduce his/her capacity to care for the child adequately; •The child was conceived as a result of incest or forcible rape; •Legal proceedings for adoption of the child are pending before a court; •The person is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep his/her child or give the child up for adoption; •Cooperating with DCSE would make it more difficult for the person to escape domestic violence or unfairly penalize the person who is or has been victimized by such violence, or the person is at risk of further domestic violence. (Domestic violence for purposes of this provision means that the person or child would be subject to physical acts that result in, or are threatened to result in, physical injury or sexual abuse.) Proof of Good Cause Claim It is the custodial parent’s or responsible persons’ responsibility to provide DCSE with the proof needed to determine whether they have good cause for refusing to cooperate. If the reason for claiming good cause is a fear of physical harm and it is impossible to obtain proof, DCSE may still be able to make a good cause decision after reviewing the claim. The following are examples of acceptable kinds of proof DCSE can use to decide if good cause exists: •A birth certificate or medical or law enforcement record which indicates that the child was conceived as the result of incest or forcible rape; •A court document or other record which indicates the legal proceedings for adoption are pending before a court; •A court, medical, criminal, psychological, child protection services, social services or law enforcement record which indicates that the putative father or absent parent might inflict physical or emotional harm on the child or person; •A medical record which indicates the emotional health history and present emotional health status of the person or the child; or, a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the person or child; •A written statement from a public or licensed private social agency that the person is being assisted by the agency to resolve the issue of whether to keep the child or give him/her up for adoption; and •Sworn statements from persons, including friends, neighbors, clergymen, social workers, and medical professionals who might know the conditions providing the basis of the good cause claim. When requested, DCSE will try to help persons obtain necessary documents to support their claim. Investigations of Good Cause Claim The caretaker must give the necessary proof to DCSE within 20 days after claiming good cause. DCSE will give the parent or person more time if they decide that more than 20 days are required because of the difficulty in getting the proof. DCSE may decide on the claim based on the proof which is given, or conduct a review to verify the claim. If DCSE decides they need to review the claim, DCSE may require the person to give information, such as the absent parent’s name and address, to help the review. The DCSE will not contact the absent parent without first telling the person. Delayed finding of good cause DSS will not deny, delay, or discontinue assistance when DCSE has not made a decision on the good cause claim as long as the caretaker has given proof and other information needed by DCSE. DSS will follow the normal processing standards for these cases. Administrative Hearings Applicants and recipients have the right to request an administrative hearing if they disagree with the decision of non-cooperation made by DCSE. When caretakers request an administrative hearing regarding the decision of non-cooperation or failure by DCSE to accept good cause claims, DCSE will schedule and conduct the administrative hearing. The caretaker can ask for a hearing by sending in his or her request in writing within 20 days to: Administrative Hearing Officer – DCSE P.O. Box 11564 Wilmington, DE 19805 The request should include the caretaker’s name, case number, social security number and daytime telephone number. DEPARTMENT OF INSURANCEStatutory Authority: 18 Delaware Code, Sections 311, 2501, 2304(15)(c) and 2312 (18 Del.C. §§311, 2501, 2304(15)(c) & 2312) 18 DE Admin. Code 906 PUBLIC NOTICE INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 906 relating to THE USE OF CREDIT SCORES IN SETTING INSURANCE PREMIUMS IN AUTOMOBILE, MOTORCYCLE, BOAT AND PERSONAL WATERCRAFT, SNOWMOBILES AND OTHER RECREATIONAL VEHICLES, HOMEOWNERS, MOBILE-HOMEOWNERS, MANUFACTURED HOMES AND NON-COMMERCIAL DWELLING FIRE INSURANCE FOR PERSONAL OR FAMILY PROTECTION. The docket number for the proposed amendment is 538. This proposed regulation replaces the previous proposed regulation. The purpose for proposing amendments to Regulation 906 is to comply with Delaware law and to prohibit insurance companies using consumer credit information in the setting of renewal premiums in insurance policies in areas noted above, except that consumers may request the use of credit information in renewals if such information would result in a reduction of premiums, and to establish procedures for consumers to request a re-rating of their insurance policy. The text of the proposed regulation is reproduced in the January 2008 edition of theDelaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a hearing on this proposed regulation. Written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments are being solicited from any interested party. Written comments or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 4:30 p.m., Monday February 3, 2008, and should be addressed to Regulatory Specialist Mitchell G. Crane, Esquire, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. 906 Use of Credit Information [Formerly Regulation 87] 1.0Authority This regulation is adopted by the Commissioner pursuant to the authority granted by 18 Del.C. §§311, 2501, 2304(15)(c), and 2312, and promulgated in accordance with the Delaware Administrative Procedures Act, 29Del.C. Chapter 101. 6 DE Reg. 1706 (6/1/03) 2.0Scope This regulation shall apply to all insurers offering automobile, motorcycle, boat and personal watercraft, snowmobiles and other recreational vehicles, homeowners, mobile-homeowners, manufactured homeowners and non-commercial dwelling fire insurance policies for personal or family protection. This regulation shall not apply to any line of commercial insurance. 6 DE Reg. 1706 (6/1/03) 3.0Purpose The purposes of this regulation are: 3.1To prohibit insurers from engaging in unfair discrimination in the offering or granting of insurance due to the grouping of risks based on criteria which are not actuarially supported and shown to be relevant to risk. 3.2To prohibit insurers from engaging in unfair discrimination in the cancellation or non-renewal of insurance coverage based on criteria which are not actuarially supported and shown to be relevant to risk or experience. 3.3To assure that consumers, whether on initial application or renewal, applicants are given notice when consumer reports will be requested and reviewed in connection with a consumer’s their eligibility for and/or the continuance of insurance coverage and/or a consumer’s their tier or level of premium payment. 3.4To prohibit the practice of assigning a consumer an applicant to a premium level based solely on the consumer’s applicant's credit rating or credit score. 3.5To prohibit the practice of using a policyholder's credit rating or credit score except as provided in 18 Del.C. §§ 8301 through 8304. 3.56To assure that the consumer has adequate relief from any adverse action taken by an insurer through the use of credit scoring. 3.7To establish a procedure for policyholders to request, on an annual basis, a recalculation of their insurance score based on a current credit report. 6 DE Reg. 1706 (6/1/03) 4.0Definitions “Adverse action” has the meaning given that term in the Fair Credit Reporting Act, 15 U.S.C. sec. 1681 et seq. (referred to in this regulation as “the FCRA”). An adverse action includes but is not limited to the following: •Cancellation, denial or nonrenewal of insurance coverage; •Charging a higher insurance premium than would have been offered if the credit history or insurance score had been more favorable in the absence of a rate change occasioned by other applicable underwriting factors independent of credit related information, whether the charge is by: •application of a rating rule; •assignment to a rating category within a single insurer, into which insureds with substantially like insuring, risk or exposure factors and expense elements are placed for purposes of determining rate or premium, that does not have the lowest available rates; or •A reduction or an adverse or unfavorable change in the terms of coverage or amount of insurance owing to a consumer’s credit history or insurance score. A reduction or an adverse or unfavorable change in the terms of coverage occurs when: •coverage provided to the consumer is not as broad in scope as coverage requested by the consumer but available to other insureds of the insurer or any affiliate; or •the consumer is not eligible for benefits such as dividends that are available through affiliate insurers. •The placement of the consumer with an affiliated company shall not be considered an adverse action under this regulation. •Notwithstanding the foregoing, a decision to reject an insurance application, to deny renewal or to condition renewal, to assign an application or renewal to a tier, class or group, or to issue the policy based on or with restrictions that would not apply but for the consideration of the consumer report. •Notwithstanding the foregoing, if a consumer, upon renewal, is not assigned to a less favorable tier or if there is a change in premium not resulting from any use of credit information, such event shall not be deemed an adverse action. “Applicant" shall mean an applicant for insurance coverage but shall not include persons receiving a quote for premium that would be due under a policy of insurance, provided however, that such insurance is not ultimately applied for and that the process for making and delivering such quotes is not used as a means for denying coverage on the basis of a credit score in violation of this regulation. “Commissioner” shall mean the Insurance Commissioner of the State of Delaware, or any person designated by the Commissioner to enforce the provisions of this regulation or any related statute or regulation. "Consumer" shall mean applicants or policyholders. “Consumer report” means any written, oral, or other communication of any information by a consumer reporting agency (as defined in the FCRA) bearing on a consumer's credit worthiness, credit standing, or credit capacity, which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for personal lines automobile or homeowner insurance to be used primarily for person, family, or household purposes. Consumer report shall not include motor vehicle reports or claims history reports or any other report that is not credit related. “Credit score” means any alpha, numeric and/or alpha-numeric rating or classification of any person based on information contained in said person’s consumer report created by an insurer or any person, firm or entity for use by an insurer. “Document” or “public record” shall have the same meaning as described in 29 Del.C. §10002(d) and 18Del.C. §§ 320, 321. “Insurance score” shall have the same meaning as “credit score.” “Insured,” or “consumer” “Policyholder” shall mean the applicant(s) for coverage or person or persons insured under a policy of insurance but shall not include persons receiving a quote for premium that would be due under a policy of insurance, provided however, that such insurance is not ultimately applied for and that the process for making and delivering such quotes is not used as a means for denying coverage on the basis of a credit score in violation of this regulation. 6 DE Reg. 1706 (6/1/03) 5.0Prohibited Practices 5.1No individual consumer report or credit score shall be valid if the age of the consumer report upon which it is based is greater than two years from the date of its first use for an individual application, or renewal of coverage or if the consumer report or credit score utilizes in any manner, factors which include any or all of race, color, creed, sex, religion, national origin, place of residency, marital status, nature of employment, physical disability, or any similar category prohibited by federal or state law. 5.2Each insurer proposing to use an insurance score as part of its rating or underwriting criteria shall file with the Commissioner, as part of its rate filings required pursuant to 18 Del.C. Ch. 25, such supporting models, algorithms, actuarial and statistical data and reports sufficient, in the discretion of the Commissioner, to permit the Commissioner to determine that the use of such credit report or score shall not: 5.2.1That the use of such credit report or score shall not Uunfairly discriminate or assign a consumer to a class or tier based on criteria which are not actuarially supported and shown to be relevant to risk or experience, or 5.2.2That the use of such credit report or score shall not be Be the sole basis upon which the insurer denies coverage, or upon which the insurer cancels, refuses to renew or sets a premium or rate for insurance coverage for an applicant without consideration of other underwriting or rating factors, or. 5.2.3That, with respect to any policy currently in force, the insurer's insurance scoring methodology does not result in any adverse underwriting decision based in any way upon changes in a policyholder's credit information or consumer report. 5.3No insurer shall be permitted to use the services of a third party to develop a consumer report or credit score unless the third party shall, without qualification, consent to provide any information, documents, reports (except for consumer reports which may not be disclosed), actuarial and/or statistical bases or models, or other such information required by the Commissioner as part of the insurer’s rate approval process. 5.4In rating a policy or assigning a consumer to a premium level or tier, no insurer shall be permitted to consider the consumer report or score of any person other than the named applicant or policyholder or person(s) who have an insurable interest to be covered under the policy. In the case of homeowner’s coverage, no insurer shall be permitted to deny, penalize, impose a higher rate or take any action adverse or detrimental to an applicantcurrent or prospective policyholder based solely on the credit score of a spouse who has no title or ownership interest in the property to be insured and is not a named policyholder or applicant. 5.5No insurer, or entity from which the insurer may obtain credit scoring information, shall use credit or consumer reports in any manner prohibited by law. 5.6No insurer shall be permitted to use obsolete information which shall be defined as follows: 5.6.1Bankruptcies which, from date of the adjudication of the most recent bankruptcy, antedate the report by more than 10 years; 5.6.2Suits and judgments which, from date of entry, antedate the report by more than 7 years or until the governing statute of limitations has expired, whichever is the longer period; 5.6.3Paid tax liens which, from date of payment, antedate the report by more than 7 years; 5.6.4Accounts placed for collection or charged to profit and loss which antedate the report by more than 7 years; 5.6.5Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years; and 5.6.6Any other adverse item of information which antedates the report by more than 7 years. 5.7The following factors shall not be used by an insurer or by any entity retained by the insurer for the purposes of generating a credit score for underwriting, tier placement or rating purposes: 5.7.1Informati