Delaware Register of Regulations Issue Date: June 1, 2006 Volume 9 -Issue 12 Pages 1789 - 2023 IN THIS ISSUE: Regulations: Proposed Final Governor: Executive Orders Appointments General Notices Calendar of Events & Hearing Notices Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains all documents required to be published, and received, on or before May 15, 2006. INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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 INFORMATION ABOUT THE DELAWARE 1791 REGISTER OF REGULATIONS the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME July 1 June 15 4:30 p.m. August 1 July 17 4:30 p.m. September 1 August 15 4:30 p.m. October 1 September 15 4:30 p.m. November 1 October 16 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Kathleen Morris, Administrative Specialist I; Georgia Roman, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Lady Johnson, Administrative Specialist I; Rochelle Yerkes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Senior Legislative Attorney; Deborah J. Messina, Print Shop Supervisor; Don Sellers, Printer; Teresa Porter, Printer. TABLE OF CONTENTS Cumulative Tables ............................................................................................................................ ............ 1794 PROPOSED COUNCIL ON POLICE TRAINING................................................................................................... ............ 1804 DEPARTMENT OF AGRICULTURE Harness Racing Commission 502 Delaware Standardbred Breeders Fund Regulations ................................................... ............ 1833 DEPARTMENT OF EDUCATION Office of the Secretary 399 Approval of Teacher Education Programs .................................................................... ............ 1835 502 Alignment of Local School District Curricula to the State Content Standards ............... ............ 1849 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services 50100 Services Provided by Chronic Renal Disease Program ............................................ ............ 1852 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1302 Regulations Governing Hazardous Waste .................................................................. ............ 1854 Division of Water Resources 7412 Total Maximum Daily Loads (TMDLs) for Nutrients for the Chester River Watershed. ............ 1945 7413 Total Maximum Daily Loads (TMDLs) for Nutrients for the Choptank River Watershed.......... 1945 7414 Total Maximum Daily Loads (TMDLs) for Nutrients for the Marshyhope Creek Watershed .... 1946 7415 Total Maximum Daily Loads (TMDLs) for Nutrients for the Pocomoke River Watershed ........ 1946 7403 Total Maximum Daily Loads (TMDLs) for the Appoquinimink River Watershed ......... ............ 1947 7427 Total Maximum Daily Loads (TMDLs) for the Murderkill River Watershed ................. ............ 1948 7428 Total Maximum Daily Loads (TMDLs) for the Inland Bays Drainage Basin ................ ............ 1948 7429 Total Maximum Daily Loads (TMDLs) for the Chesapeake Bay Drainage Basin ........ ............ 1949 FINAL DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations, Section 8.0, Veterinary Practices, Equine Health Medication, subsection 8.3.6.1.1 ........................................................... ............ 1951 Division of Poultry and Animal Health 902 Scrapie Regulations ...................................................................................................... ............ 1952 DEPARTMENT OF EDUCATION Office of the Secretary 1008 DIAA Junior High and Middle School Interscholastic Athletics.................................... ............ 1954 1009 DIAA Senior High School Interscholastic Athletics...................................................... ............ 1964 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Title XIX Medicaid State Plan, Early and Periodic Screening, Diagnostic, & Treatment Program ... 1976 Division of Social Services DSSM, Section 3008, Eligibility of Certain Minors, subsection 3008.1.1, Babies Born to Teen Parents ........................................................................................ ............ 1978 3028 Assistance Units .......................................................................................................... ............ 1979 DELAWARE REGISTER OF REGULATIONS, VOL. 9, ISSUE 12, THURSDAY, JUNE 1, 2006 TABLE OF CONTENTS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1102 Permits ........................................................................................................................ ............ 1981 DEPARTMENT OF STATE Division of Professional Regulation 100 Board of Accountancy ................................................................................................... ............ 1983 2500 Board of Pharmacy ..................................................................................................... ............ 1984 5200 Board of Nursing Home Administrators ....................................................................... ............ 1986 DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2203 Implied Consent and Administrative Per Se Other Administrative Hearings of Record ........... 1988 2206 Revocation of a Driver’s License/Driving Privilege Pursuant to §§4103(b), 2723(a-8) ............ 1988 2207 Suspension of Permanent Licenses............................................................................. ............ 1988 2208 Concerning Driver Improvement Problem Driver Program.......................................... ............ 1988 2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus.................................................................... ............ 1988 2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. §4177............................................................................................ ............ 1988 2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle ....... 1988 2259 Mopeds........................................................................................................................ ............ 1988 2277 Approved Tinting for Side Windows............................................................................. ............ 1988 2286 Transferring Titles for Side Windows........................................................................... ............ 1988 Driver and Vehicle Services, Repeal of Certain Regulations ............................................... ............ 1990 GOVERNOR Executive Order No. 84, Creating A Task Force To Study Licensed Speech/Language Pathologists .......... 1992 Executive Order No. 85, Creating The Delaware Redevelopment Authority .................................... ............ 1993 Executive Order Number Eighty-Six Amending Executive Order Number Eighty-One..................... ............ 1994 Appointments ................................................................................................................................ ............ 1995 GENERAL NOTICES DEPARTMENT OF EDUCATION State Board of Education Procedures Manual ........................................................................... ............ 1997 Public Service Commission Regulation Docket No. 57............................................................... ............ 2016 CALENDAR OF EVENTS/HEARING NOTICES Council on Police Training, Notice of Public Comment Period.......................................................... ............ 2021 Dept. of Agriculture, Harness Racing Commission, Notice of Public Comment Period, ................... ............ 2021 Department of Education Monthly Meeting ....................................................................................... ............ 2021 Dept. of Health and Social Services, Div. of Social Services, Notice of Public Comment Period....... ............ 2021 Dept. of Natural Resources and Environmental Control, Notices of Public Comment Periods......... ............ 2022 and Hearings for Regulations Governing Hazardous Waste and TMDLs .................................. ............ 2022 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DELAWARE COUNCIL ON POLICE TRAINING Minimum Standards for Firearms Qualifications................................................................. .. 9 DE Reg. 488 (Prop.) 9 DE Reg. 768 (Final) DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Basin Regulations Water Supply Charges and Comprehensive Plan Relating to Certificates of Entitlement........................................ .. 9 DE Reg. 674 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION The 2006 Delaware State Fire Prevention Regulations...................................................... .. 9 DE Reg. 1623 (Prop.) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. PUBLIC SERVICE COMMISSION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY 101 On-Farm Home Food Processing Operations....................................................... .. 9 DE Reg. 12 (Prop.) 9 DE Reg. 1057 (Final)225 Prohibition of Discrimination.................................................................................. .. 9 DE Reg. 676 (Prop.) 525 Requirements for Career-Technical Education Programs ................................... .. 9 DE Reg. 677 (Prop.) DELAWARE FOREST SERVICE 402 State Forest Regulations....................................................................................... .. 9 DE Reg. 1425 (Prop.) HARNESS RACING COMMISSION 501 Harness Racing Rules and Regulations, Section 8.0, Veterinary Practices, Equine Health Medication, subsection 8.3.6......................................................... .. 9 DE Reg. 1432 (Prop.) 502 Delaware Standardbred Breeders’ Fund............................................................... .. 9 DE Reg. 111 (Final) 502 Delaware Standardbred Breeders’ Fund, Section 8, Veterinary Practices, Equine Health Medications.................................................................................... .. 9 DE Reg. 491 (Prop.) 9 DE Reg. 1031 (Prop.) 9 DE Reg. 1066 (Final)9 DE Reg. 1367 (Final)DIVISION OF POULTRY AND ANIMAL HEALTH 902 Scrapie Regulations.............................................................................................. .. 9 DE Reg. 1298 (Prop.) THOROUGHBRED RACING COMMISSION 1002 Delaware Jockeys’ Health and Welfare Board Regulations................................ .. 9 DE Reg. 1300 (Prop.) ....................................................................................................................... .. 9 DE Reg. 1749 (Final) NUTRIENT MANAGEMENT 1201 Nutrient Management Certification Regulations.................................................. .. 9 DE Reg. 305 (Prop.) 9 DE Reg. 966 (Final) DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY 101 Delaware Student Testing Program...................................................................... .. 9 DE Reg. 839 (Prop.) 9 DE Reg. 1172 (Final) CUMULATIVE TABLES 103 Accountability for Schools, Districts and the State................................................ .. 9 DE Reg. 1672 (Prop.) 106 Teacher Appraisal Process Delaware Performance Appraisal System................. .. 9 DE Reg. 533 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System.............. .. 9 DE Reg. 539 (Final) 225 Prohibition of Discrimination.................................................................................. .. 9 DE Reg. 1069 (Final) 235 Teacher of the Year Award................................................................................... .. 9 DE Reg. 846 (Prop.) 9 DE Reg. 1182 (Final)275 Charter Schools.................................................................................................... .. 9 DE Reg. 19 (Prop.) 9 DE Reg. 387 (Final) 9 DE Reg. 1301 (Prop.) 9 DE Reg 1752 (Final)396 Private Business and Trade Schools.................................................................... .. 9 DE Reg. 493 (Prop.) 9 DE Reg. 967 (Final) 405 Minor Capitol Improvement Program.................................................................... .. 9 DE Reg. 496 (Prop.) 9 DE Reg. 970 (Final) 525 Requirements for Career-Technical Education Programs..................................... .. 9 DE Reg. 1070 (Final) 710 Public School Employees Work Day..................................................................... .. 9 DE Reg. 847 (Prop.) 9 DE Reg. 1183 (Final) 716 Maintenance of Local School District Personnel Records.................................... .. 9 DE Reg. 27 (Prop.) 9 DE Reg. 395 (Final) 727 Credit for Experience for Educators and for Secretarial Staff............................... .. 9 DE Reg. 28 (Prop.) 9 DE Reg. 396 (Final) 764 (Previously 364) Credentials for an Interpreter Tutor for the Deaf and Hard of Hearing.......................... ...... .............................................................. .. 9 DE Reg. 113 (Final) 765 (Previously 365) Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf and Hard of Hearing.................................. .. 9 DE Reg. 115 (Final) 920 Educational Programs for Students with Limited English Proficiency................... .. 9 DE Reg. 30 (Prop.) 9 DE Reg. 398 (Final) 930 Supportive Instruction (Homebound).................................................................... .. 9 DE Reg. 34 (Prop.) 9 DE Reg. 402 (Final) 1006 Delaware Interscholastic Athletic Association (DIAA)......................................... .. 9 DE Reg. 117 (Final) 1008 DIAA Junior High/Middle School Interscholastic Athletics ................................. .. 9 DE Reg. 124 (Final) 9 DE Reg. 1305 (Prop.) 1009 DIAA Senior High School Interscholastic Athletics............................................. .. 9 DE Reg. 126 (Final) 9 DE Reg. 1315 (Prop.) 1105 School Transportation......................................................................................... .. 9 DE Reg. 35 (Prop.) 9 DE Reg. 404 (Final) PROFESSIONAL STANDARDS BOARD 310 Certification Administrative Supervisor/Reading Coordinator ............................ .. 9 DE Reg. 679 (Prop.) 9 DE Reg. 1072 (Final) 324 Driver Education and Traffic Safety Education Teacher........................................ .. 9 DE Reg. 46 (Prop.) 332 Certification Technology Education Teacher......................................................... .. 9 DE Reg. 49 (Prop.) 370 Certification Teacher of Autistic/Severely Disabled Children................................ .. 9 DE Reg. 51 (Prop.) 1511 Issuance and Public Renewal of Continuing License.......................................... .. 9 DE Reg. 1440 (Prop.) 1513 Denial of Licenses............................................................................................... .. 9 DE Reg. 138 (Final) 1514 Revocation of Licenses and Certificates............................................................. .. 9 DE Reg. 553 (Final) 1515 Emergency Certificate......................................................................................... .. 9 DE Reg. 555 (Final) 1516 Standard Certificate............................................................................................ .. 9 DE Reg. 849 (Prop.) 9 DE Reg. 1449 (Prop.) 1518 Special Institute for Teacher Licensure and Certification.................................... .. 9 DE Reg. 498 (Prop.) 9 DE Reg. 1184 (Final) 9 DE Reg. 852 (Prop.) 1519 Alternative Routes to Teacher Licensure and Certification................................. .. 9 DE Reg. 501 (Prop.) 9 DE Reg. 971 (Final) 1521 Standard Certificate Agriculture Teacher............................................................. .. 9 DE Reg. 1454 (Prop.) 1522 Standard Certificate Business Education Teacher.............................................. .. 9 DE Reg. 504 (Prop.) 9 DE Reg. 1458 (Prop.) 1525 Standard Certificate English Teacher.................................................................. .. 9 DE Reg. 1462 (Prop.) CUMULATIVE TABLES 1528 Standard Certificate Foreign Language Teacher Comprehensive...................... .. 9 DE Reg. 54 (Prop.) 9 DE Reg. 558 (Final) 9 DE Reg. 1465 (Prop.) 1529 Standard Certificate Foreign Language Teacher Secondary, Repeal of............. .. 9 DE Reg. 57 (Prop.) 1533 Standard Certificate Foreign Language Teacher Elementary, Repeal of............ .. 9 DE Reg. 58 (Prop.) 1534 Standard Certificate Mathematics Teacher Secondary....................................... .. 9 DE Reg. 1468 (Prop.) 1539 Standard Certificate Social Studies Teacher Secondary..................................... .. 9 DE Reg. 1471 (Prop.) 1540 Standard Certificate Science Teacher Secondary............................................... .. 9 DE Reg. 1474 (Prop.) 1541 Standard Certificate Mathematics Teacher Middle Level.................................... .. 9 DE Reg. 1479 (Prop.) 1542 Standard Certificate Science Teacher Middle Level............................................ .. 9 DE Reg. 1482 (Prop.) 1543 Standard Certificate Art Teacher Comprehensive............................................... .. 9 DE Reg. 1485 (Prop.) 1544 Art Teacher Elementary....................................................................................... .. 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)1545 Art Teacher Secondary........................................................................................ .. 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)1548 Standard Certificate Music Teacher Comprehensive.......................................... .. 9 DE Reg. 1488 (Prop.) 1549 Music Teacher Elementary.................................................................................. .. 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)1550 Music Teacher Secondary................................................................................... .. 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)1551 Standard Certificate Physical Education Teacher Comprehensive..................... .. 9 DE Reg. 1491 (Prop.) 1552 Physical Education Teacher Elementary............................................................. .. 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)1553 Physical Education Teacher Secondary.............................................................. .. 9 DE Reg. 680 (Prop.) 1554 Standard Certificate Reading Specialist.............................................................. .. 9 DE Reg. 1495 (Prop.) 1556 Standard Certificate Elementary Teacher (Grades K - 9).................................... .. 9 DE Reg. 1498 (Prop.) 1564 Standard Certificate Driver Education and Traffic Safety Education Teacher..... .. 9 DE Reg. 545 (Final) 1565 Standard Certificate School-To-Work Transition Teacher................................... .. 9 DE Reg. 136 (Final) 1568 Standard Certificate Technology Education Teacher........................................... .. 9 DE Reg. 547 (Final) 1571 Standard Certificate Teacher of Students with Autism or Severe Disabilities...... .. 9 DE Reg. 550 (Final) 1584 Permits Paraeducators........................................................................................ .. 9 DE Reg. 139 (Final) 9 DE Reg. 232 (Final) DEPARTMENT OF ELECTIONS FOR KENT COUNTY Security and Integrity of the Absentee Voting Process....................................................... .. 9 DE Reg. 1328 (Prop.) DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY Security and Integrity of the Absentee Voting Process....................................................... .. 9 DE Reg. 855 (Prop.) 9 DE Reg. 1187 (Final) DEPARTMENT OF ELECTIONS FOR SUSSEX COUNTY Security and Integrity of the Absentee Voting Process....................................................... .. 9 DE Reg. 1333 (Prop.) DEPARTMENT OF FINANCE DIVISION OF REVENUE Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs.................................. ..... ............................................................ .. 9 DE Reg. 771 (Final) 9 DE Reg. 1502 (Prop.) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Title XIX Medicaid State Plan Attachment 2.6-A, Page 26a and Supplement 13 to Attachment 2.6A;................. .. 9 DE Reg. 70 (Prop.) Early and Periodic Screening, Diagnostic and Treatment Program...................... .. 9 DE Reg. 1506 (Prop.) Establishing a Cumulative Maximum on Pharmacy Copayments......................... .. 9 DE Reg. 164 (Emer.) CUMULATIVE TABLES Establishing a Cumulative Maximum on Pharmacy Copayments......................... .. 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final) Estate Recovery Program..................................................................................... .. 9 DE Reg. 684 (Prop.) 9 DE Reg. 1074 (Final)Inpatient Hospital Services.................................................................................... .. 9 DE Reg. 326 (Prop.) 9 DE Reg. 783 (Final) Organizational Structure and Description of the Division of Medicaid and Medical Assistance (DMMA)........................................................................... .. 9 DE Reg. 802 (Final) Payment for Inpatient Hospital and Long-Term Care Facility Services.................. .. 9 DE Reg. 509 (Prop.) Pharmaceutical Services Program........................................................................ .. 9 DE Reg. 6 (Emer.) 9 DE Reg. 73 (Prop.) 9 DE Reg. 420 (Final) Pharmaceutical Services, Mail Order Pharmacy Services, Withdrawal of............ .. 9 DE Reg. 508 (Prop.) Pharmaceutical Services, Multi-State Pooling Rebate Program............................ .. 9 DE Reg. 506 (Prop.) 9 DE Reg. 975 (Final) DIVISION OF PUBLIC HEALTH 4202 Control of Communicable and Other Disease Conditions................................... .. 9 DE Reg. 861 (Prop.) 9 DE Reg. 1188 (Final) 4406 Home Health Agencies (Licensure).................................................................... .. 9 DE Reg. 880 (Prop.) 4462 Public Drinking Water Systems........................................................................... .. 9 DE Reg. 59 (Prop.) 9 DE Reg. 306 (Prop.) 9 DE Reg. 999 (Final) 4466 Radiation Technologists/Technicians (Certification .......................................... .. 9 DE Reg. 902 (Prop.) 9 DE Reg. 1213 (Final)4468 Delivery of Hospice Services.............................................................................. .. 9 DE Reg. 415 (Final) 4469 Regulations Governing a Detailed Plumbing Code............................................. .. 9 DE Reg. 307 (Prop.) 9 DE Reg. 786 (Final) DIVISION OF SOCIAL SERVICES Child Care Development Fund State Plan for the period October 1, 2003 through September 30, 2005................................................................................. .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 562 (Final) Delaware State Plan for TANF..................................................................................... .. 9 DE Reg. 907 (Prop.) 9 DE Reg. 1214 (Final) DSSM: 1003.2 Information to Law Enforcement Agencies................................................ .. 9 DE Reg. 691 (Prop.) 9 DE Reg. 1077 (Final)1005 Case Record Maintenance and Retention.................................................... .. 9 DE Reg. 523 (Prop.) 9 DE Reg. 1001 (Final)2000.6 Supplemental Applications........................................................................ .. 9 DE Reg. 1368 (Final) 2007 Stop Payments............................................................................................. .. 9 DE Reg. 1338 (Prop.) 9 DE Reg. 1756 (Final)2008 Replacement Benefits, TANF, GA, RCA....................................................... .. 9 DE Reg. 1338 (Prop.) 9 DE Reg. 1756 (Final)2014.1 Definitions.................................................................................................. .. 9 DE Reg. 1370 (Final) 3001 Definitions..................................................................................................... .. 9 DE Reg. 1370 (Final) 3004.1.1 TANF Joint Custody............................................................................... .. 9 DE Reg. 928 (Prop.) 9 DE Reg. 1235 (Final)3006 TANF Employment and Training................................................................... .. 9 DE Reg. 1033 (Prop.) 9 DE Reg. 1372 (Final)3006.6 Senate Bill 101- 1999 and Employment and Training Activities ............. .. 9 DE Reg. 328 (Prop.) 9 DE Reg. 798 (Final) 3008.1.1, Babies Born to Teen Parents................................................................. .. 9 DE Reg. 1508 (Prop.) 4002 Resources.................................................................................................... .. 9 DE Reg. 1034 (Prop.) 9 DE Reg. 1374 (Final)9 DE Reg. 1423 (Errata)4004 Earned Income............................................................................................ .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 8028.1 Sources of Earned Income........................................................................ .. 9 DE Reg. 930 (Prop.) CUMULATIVE TABLES 8028.1 Sources of Earned Income........................................................................ .. 9 DE Reg. 1237 (Final) 9016.2 Obtaining Food Stamp Benefits................................................................. .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9039.1 Thirty-Day Processing............................................................................... .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9041.1 Processing Standards................................................................................ .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9059 Income Exclusions........................................................................................ .. 9 DE Reg. 60 (Prop.) 9 DE Reg. 426 (Final) 9 DE Reg. 477 (Errata)9063.1 Anticipating Income................................................................................... .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9074 Self Employment Income.............................................................................. .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 9078.1 Residents of Drug/Alcohol Treatment and Rehabilitation Programs.......... .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9079.1 Replacing Food Benefits Issued by Electronic Benefits Transfer (EBT).... .. 9 DE Reg. 167 (Prop.) 9 DE Reg. 800 (Final) 9075 Procedures for Calculating Income Which Can Be Annualized.................... .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 9093 Electronic Benefit Transfer (EBT)................................................................. .. 9 DE Reg. 235 (Final) 11000 Child Care Subsidy Program...................................................................... .. 9 DE Reg. 175 (Prop.) 9 DE Reg. 572 (Final) 11002.9 Definitions and Explanation of Terms...................................................... .. 9 DE Reg. 931 (Prop.) 11003 Eligibility Requirements............................................................................... .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 11003.6 Income Limits.......................................................................................... .. 9 DE Reg. 931 (Prop.) 11003.7 Income Eligible Child Care....................................................................... .. 9 DE Reg. 931 (Prop.) 11003.91 Income................................................................................................... .. 9 DE Reg. 931 (Prop.) 11003.93 Family Size............................................................................................ .. 9 DE Reg. 931 (Prop.) 11004.4.2 Purchase of Care Plus (POC+)............................................................. .. 9 DE Reg. 931 (Prop.) 11004.7.1 Child Care Fee Scale and Determination of Fee.................................. .. 9 DE Reg. 931 (Prop.) 11006.4 Provider Reimbursement......................................................................... .. 9 DE Reg. 931 (Prop.) 11006.4.6 Reimbursement.................................................................................... .. 9 DE Reg. 931 (Prop.) 14100.4 Disposition of Application........................................................................ .. 9 DE Reg. 319 (Prop.) 9 DE Reg. 775 (Final) 14960 Establishing a Cumulative Maximum on Pharmacy Co-Payments............. .. 9 DE Reg. 164 (Emer.) 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final) 15120 Low Income Families With Children Under Section 1931.......................... .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 9 DE Reg. 1680 (Prop.) 16230 Financial Eligibility...................................................................................... .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 16230.1.2 Self-Employment Income..................................................................... .. 9 DE Reg. 1680 (Prop.) 17300 Qualified Medicare Beneficiaries .............................................................. .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 17300.3.2 Self-Employment Income..................................................................... .. 9 DE Reg. 1680 (Prop.) 20100.1 Long Term Care Nursing Facilities.......................................................... .. 9 DE Reg. 509 (Prop.) 9 DE Reg. 978 (Final) 20103 Financial Eligibility Determination............................................................... .. 9 DE Reg. 521 (Prop.) 9 DE Reg. 996 (Final) 20200 Excluded Income........................................................................................ .. 9 DE Reg. 239 (Final) 20210 Types of Income......................................................................................... .. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final) 20210.16 Self Employment................................................................................... .. 9 DE Reg. 1680 (Prop.) 20310 Reparations................................................................................................ .. 9 DE Reg. 239 (Final) CUMULATIVE TABLES 20310.1.1 Intent to Return..................................................................................... .. 9 DE Reg. 684 (Prop.) 20310.7.2 Long Term Care Medicaid.................................................................... .. 9 DE Reg. 1683 (Prop.) 9 DE Reg. 1076 (Final)20500.5.2 Lien Recovery Exception...................................................................... .. 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final)20500.6.1 Exception to the Lien Policy................................................................. .. 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final)20620.3 Community Spouse Income Allowance/Home Maintenance Disregard..... .. 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final)20700.4.5 Illness or Hospitalization....................................................................... .. 9 DE Reg. 522 (Prop.) 9 DE Reg. 998 (Final) 20810 Treatment of Couples in Medical Assistance.............................................. .. 9 DE Reg. 142 (Final) 20910 Medicaid Long Term Care, Definitions........................................................ .. 9 DE Reg. 859 (Prop.) 20910.1 Institutionalized Spouse................................................................. ..... .... . 9 DE Reg. 859 (Prop.) 9 DE Reg. 1187 (Final) 20910.1 Institutionalized Spouse (Exempt)........................................................... .. 9 DE Reg. 1565 (Final) 20910.2 Community Spouse............................................. ..... ....... ................... .... . 9 DE Reg. 859 (Final) 9 DE Reg. 1187 (Final) 20910.10 Community Spouse Resource Allowance.............................................. .. 9 DE Reg. 70 (Prop.) 20950 Initial Eligibility Determinations................................................................... .. 9 DE Reg. 70 (Prop.) 50100.3 Chronic Renal Disease Program, Transportation.................................... .. 9 DE Reg. 860 (Prop.) 9 DE Reg. 1558 (Final)50400 Chronic Renal Disease Program, Application Process.............................. .. 9 DE Reg. 860 (Prop.) 9 DE Reg. 1558 (Final)50700.2 Chronic Renal Disease Program, Resources.......................................... .. 9 DE Reg. 860 (Prop.) 9 DE Reg. 1558 (Final)Refugee Cash Assistance............................................................................................ .. 9 DE Reg. 930 (Prop.) State Plan for Child Care Development Fund for the period October 1, 2003 through September 30, 2005................................................................................. .. 9 DE Reg. 167 (Prop.) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.................................................................................................................. .. 9 DE Reg. 939 (Prop.) 9 DE Reg. 1239 (Final) 607 Defensive Driving Course Discount (Automobiles and Motorcycles).......................... .. 9 DE Reg. 524 (Prop.) 9 DE Reg. 944 (Prop.) 9 DE Reg. 1244 (Final)702 Required Disclosures for Residential Homeowners.................................................... .. 9 DE Reg. 438 (Final) 703 Prohibited Practices Related to the Nonrenewal of Residential Homeowners Policies ....................................................................................................................... .. 9 DE Reg. 196 (Prop.) 9 DE Reg. 593 (Final) 907 Records Relating to Consumer Complaints................................................................ .. 9 DE Reg. 197 (Prop.) 9 DE Reg. 595 (Final) 1214 Senior Protection In Annuity Transactions................................................................ .. 9 DE Reg. 693 (Prop.) 9 DE Reg. 1081 (Final)1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services............................................................................................................... .. 9 DE Reg. 240 (Final) DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT AND TRAINING 106 Apprenticeship and Training Regulations............................................................. .. 9 DE Reg. 199 (Prop.) 9 DE Reg. 806 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY 104 Green Energy Fund Regulation............................................................................ .. 9 DE Reg. 1125 (Prop.) 9 DE Reg. 1566 (Final) CUMULATIVE TABLES 106 Environmental Standards for Eligible Energy Resources...................................... .. 9 DE Reg. 1509 (Prop.) DIVISION OF AIR & WASTE MANAGEMENT 1102 Permits................................................................................................................ .. 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final)9 DE Reg. 1512 (Prop.) 1144 Control of Stationary Generator Emissions......................................................... .. 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final)1125 Requirements for Preconstruction Review.......................................................... .. 9 DE Reg. 246 (Final) 1201 Accidental Release Prevention Regulation......................................................... .. 9 DE Reg. 696 (Prop.) 9 DE Reg. 1375 (Final)1203 Reporting of a Discharge of a Pollutant or Air Contaminant............................... .. 9 DE Reg. 1622 (Errata) DIVISION OF FISH & WILDLIFE Shellfish: 3210 Horseshoe Crab Reporting Requirements.................................................... .. 9 DE Reg. 9 (Emer.) Tidal Finfish: 3507 Black Sea Bass Size Limit; Trip Limits; Seasons’ Quotas............................ .. 9 DE Reg. 1139 (Prop.) 9 DE Reg. 1759 (Final) 3511 Summer Flounder Size Limits; Possession Limits; Season.......................... .. 9 DE Reg. 1139 (Prop.) 9 DE Reg. 1759 (Final)DIVISION OF SOIL AND WATER CONSERVATION 5102 Regulation Governing Beach Protection and the Use of Beaches .................... .. 9 DE Reg. 737 (Prop.) SURFACE WATER DISCHARGE SECTION 7201 Regulations Governing the Control of Water Pollution, Section 9.0, The General Permit Program........................................................................................ .. 9 DE Reg. 329 (Prop.) 9 DE Reg. 1250 (Final)7201 Regulations Governing the Control of Water Pollution, Section 9.4, Concentrated Animal Feeding Operation.............................................................. .. 9 DE Reg. 440 (Final) DIVISION OF WATER RESOURCES 7402 Shellfish Sanitation Regulations.......................................................................... .. 9 DE Reg. 1687 (Prop.) 7410 TMDL’s for the Naamans Creek Watershed........................................................ .. 9 DE Reg. 224 (Prop.) 9 DE Reg. 1002 (Final)7411 TMDL’s for the Shellpot Creek Watershed.......................................................... .. 9 DE Reg. 224 (Prop.) 7412 TMDL’s for the Chester River.............................................................................. .. 9 DE Reg. 529 (Prop.) 9 DE Reg. 1102 (Final) 7413 TMDL’s for the Choptank River........................................................................... .. 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final)7414 TMDL’s for the Marshyhope Creek..................................................................... .. 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final)7415 TMDL’s for the Pocomoke River Watersheds..................................................... .. 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final) 7416 TMDL’s for the Army Creek Watershed............................................................... .. 9 DE Reg. 1720 (Prop.) 7417 TMDL’s for the Blackbird Creek Watershed........................................................ .. 9 DE Reg. 1720 (Prop.) 7418 TMDL’s for the Broadkill River Watershed.......................................................... .. 9 DE Reg. 1720 (Prop.) 7419 TMDL’s for the Cedar Creek Watershed............................................................. .. 9 DE Reg. 1720 (Prop.) 7420 TMDL’s for the Dragon Run Creek Watershed.................................................... .. 9 DE Reg. 1720 (Prop.) 7421 TMDL’s for the Leipsic River Watershed............................................................. .. 9 DE Reg. 1720 (Prop.) 7422 TMDL’s for the Little Creek Watershed............................................................... .. 9 DE Reg. 1720 (Prop.) 7423 TMDL’s for the Mispillion River Watershed......................................................... .. 9 DE Reg. 1720 (Prop.) 7424 TMDL’s for the Red Lion Creek Watershed......................................................... .. 9 DE Reg. 1720 (Prop.) 7425 TMDL’s for the Smyrna River Watershed............................................................ .. 9 DE Reg. 1720 (Prop.) 7426 TMDL’s for the St. Jones River Watershed......................................................... .. 9 DE Reg. 1720 (Prop.) DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 100 Board of Accountancy........................................................................................... .. 9 DE Reg. 1339 (Prop.) 300 Board of Architecture............................................................................................ .. 9 DE Reg. 1142 (Prop.) 9 DE Reg. 1764 (Final) CUMULATIVE TABLES 700 Board of Chiropractic............................................................................................ .. 9 DE Reg. 1729 (Prop.) 9 DE Reg. 1766 (Final)1100 Board of Dental Examiners................................................................................. .. 9 DE Reg. 77 (Final) 9 DE Reg. 1036 (Prop.) 9 DE Reg. 1583 (Final)1400 Board of Electrical Examiners............................................................................. .. 9 DE Reg. 260 (Final) 9 DE Reg. 949 (Prop.) 9 DE Reg. 1252 (Final)1770 Respiratory Care Advisory Council..................................................................... .. 9 DE Reg. 1524 (Prop.) 1900 Board of Nursing................................................................................................. .. 9 DE Reg. 226 (Prop.) 9 DE Reg. 815 (Final) 2000 Board of Occupational Therapists....................................................................... .. 9 DE Reg. 598 (Final) 9 DE Reg. 1143 (Prop.) 9 DE Reg. 1768 (Final) 2500 Board of Pharmacy............................................................................................. .. 9 DE Reg. 85 (Final) 9 DE Reg. 951 (Prop.)9 DE Reg. 1253 (Final)2930 Council on Real Estate Appraisers..................................................................... .. 9 DE Reg. 1040 (Prop.) 9 DE Reg. 1377 (Final)3000 Board of Mental Health and Chemical Dependency Professionals..................... .. 9 DE Reg. 231 (Prop.) 9 DE Reg. 1106 (Final) 3100 Board of Funeral Services................................................................................... .. 9 DE Reg. 262 (Final) 3500 Board of Examiners of Psychologists.................................................................. .. 9 DE Reg. 373 (Prop.) 9 DE Reg. 452 (Final) 9 DE Reg. 487 (Errata)9 DE Reg. 1107 (Final) 3600 Board of Registration of Geologists.................................................................... .. 9 DE Reg. 456 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers......................................................................................... .. 9 DE Reg. 964 (Prop.) 9 DE Reg. 1267 (Final)3900 Board of Clinical Social Work Examiners............................................................ .. 9 DE Reg. 265 (Final) 5200 Board of Nursing Home Administrators............................................................... .. 9 DE Reg. 104 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 904 Exceptions to Tying Restrictions........................................................................... .. 9 DE Reg. 532 (Prop.) 9 DE Reg. 1004 (Final)PUBLIC SERVICE COMMISSION Reg. Docket No. 10, Sale, Resale and Other Provisions of Intrastate Telecommunications Services............................................................................... .. 9 DE Reg. 375 (Prop.) 9 DE Reg. 1390 (Final) Reg. Docket No. 15, Concerning the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-Aid-Of Construction from Customers or Developers and the Proper Ratemaking Treatment for such Contributions and Advances ............................................................................... .. 9 DE Reg. 1145 (Prop.) 9 DE Reg. 1588 (Final)Reg. Docket No. 45, Development of Regulations for the Facilitation of Competitive Entry into the Telecommunications Local Exchange Servicemarket........................................................................................................ .. 9 DE Reg. 375 (Prop.) 9 DE Reg. 1390 (Final)Reg. Docket No. 49, Creation of a Competitive Market for Retail Electric Supply Service....................................................................................................... .. 9 DE Reg. 1529 (Prop.) Reg. Docket No. 50, The Consideration of Rules, Standards, and Indices to Ensure Reliable Electrical Service by Electric Distribution Companies................. .. 9 DE Reg. 756 (Prop.) Reg. Docket No. 52, Relating to the Aid of Rules to Govern Remedies Available in the Event of Alleged Beaches of Interconnection Agreements Between Regulation Docket Telecommunications Carriers................................... .. 9 DE Reg. 1161 (Prop.) CUMULATIVE TABLES Reg. Docket No. 55, Regarding the Minimum Standards for Service Provided by Public Wastewater Utilities Subject to the Jurisdiction of the Delaware Public Service Commission.............................................................................................. .. 9 DE Reg. 105 (Final) Reg. Docket No. 56, Notice of Proposed Rule-making and Public Hearing Concerning Renewable Energy Portfolio Standards.............................................. .. 9 DE Reg. 1049 (Prop.) 9 DE Reg. 1734 (Prop.) DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES 2203 Implied Consent and Administrative Per Se Other Administrative Hearings of Record................................................................................................ .. 9 DE Reg. 1541 (Prop.) 2206 Revocation of a Driver’s License/Driving Privilege Pursuant to §§4103(b), 2732(a-8)............................................................................................................... .. 9 DE Reg. 1544 (Prop.) 2207 Suspension of Permanent Licenses.................................................................... .. 9 DE Reg. 1545 (Prop.) 2208 Concerning Driver Improvement Problem Driver Program................................. .. 9 DE Reg. 1545 (Prop.) 2210 Issuance of a Conditional License as the Result of a Suspension Due to a Conviction for Passing a Stopped School Bus...................................................... .. 9 DE Reg. 1550 (Prop.) 2211 The Issuance of Restricted Driving Privileges as the Result of a Suspension or Revocation Order Received from Family Court Relative to a Juvenile Being in Violation of 21 Del.C. 4177................................................................................ .. 9 DE Reg. 1551 (Prop.) 2212 Issuance of Occupation Driver’s License After Conviction of No Insurance on a Vehicle........................................................................................................... .. 9 DE Reg. 1552 (Prop.) 2259 Mopeds............................................................................................................... .. 9 DE Reg. 1554 (Prop.) 2277 Approved Tinting for Side Windows.................................................................... .. 9 DE Reg. 1556 (Prop.) 2286 Transferring Titles with Multiple Names.............................................................. .. 9 DE Reg. 1557 (Prop.) DIVISION OF PLANNING AND POLICY Delaware Bicycle Facility Master Plan......................................................................... .. 9 DE Reg. 607 (Final) Delaware Safe Routes to School Regulations............................................................. .. 9 DE Reg. 1356 (Prop.) 9 DE Reg. 1776 (Final)Development Related Improvements Requiring New Rights-of-Way........................... .. 9 DE Reg. 1361 (Prop.) Driver and Vehicle Services, Repeal of Certain Regulations....................................... .. 9 DE Reg. 1163 (Prop.) Standards and Regulations for Subdivision Streets and State Highway Access.......... .. 9 DE Reg. 1360 (Prop.) GOVERNOR’S OFFICE APPOINTMENTS ................................................................................................................... .. 9 DE Reg. 47 9 DE Reg. 268 9 DE Reg. 459 9 DE Reg. 620 9 DE Reg. 1008 9 DE Reg. 1274 9 DE Reg. 1597 EXECUTIVE ORDERS: 66, Establishing the Veterans Home Oversight Committee......................................... .. 9 DE Reg. 1395 68, Establishing the Health Disparities Task Force...................................................... .. 9 DE Reg. 144 69, Establishing a Committee to Recommend Options for Providing Additional Funding to, and Accelerating the Construction of, Needed Improvements Overseen by the Delaware Department of Transportation ................................... .. 9 DE Reg. 145 70, State Employees and the Right to Organization and Effective Union Representation............................................................................................ .. 9 DE Reg. 458 71, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Katrina and its Aftermath.... .. 9 DE Reg. 620 72, Declaring a State of Emergency Due to Hurricane Katrina and its Aftermath........ .. 9 DE Reg. 821 73, Establishing a Delaware Healthy Mother and Infant Consortium .......................... .. 9 DE Reg. 821 74, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Rita and Its Aftermath ....... .. 9 DE Reg. 822 CUMULATIVE TABLES 75, Establishing the Governor’s Mentoring Initiative.................................................... .. 9 DE Reg. 822 76, Regarding Management of Labor Relations and Administrative Proceedings in State Government......................................................................... .. 9 DE Reg. 1006 77, Regarding State Employee Obligations and Compensation During Severe Weather Conditions and Emergencies.................................................................. .. 9 DE Reg. 1269 78, Regarding Implementation of Financial Management Measures for the Department of Transportation and the Transportation Trust Fund........................ .. 9 DE Reg. 1271 79, Establishing a Governance Structure for the Delaware Veterans’ Home..... ....... .. 9 DE Reg. 1272 80, Reallocation of State Private Activity Bond Volume Cap for Calendar Year 2005 and Initial Suballocation of State Private Activity Bond Volume Cap for Calendar Year 2006.......................................................................................... .. 9 DE Reg. 1395 81, Continuing Equal Opportunity Hiring Standards and Practices for Delaware Government........................................................................................................... .. 9 DE Reg. 1396 82, Implementing Strategies to Address Energy Restructuring.................................... .. 9 DE Reg. 1593 83, Creating an Advisory Council on Walkability and Pedestrian Awareness.............. .. 9 DE Reg. 1597 PROPOSED REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. COUNCIL ON POLICE TRAINING Statutory Authority: 11 Delaware Code, Section 8404(a)(5) (11 Del.C., §8404(a)(5)) PUBLIC NOTICE The Council on Police Training (COPT), in accordance with 11 Delaware Code Section 8404(a)(14) and 29 Delaware Code Section 10115 of the Administrative Procedures Act, hereby gives notice that it shall hold a public hearing on June 22, 2006 at 9:00 a.m., in the first-floor conference room at the Delaware State Police Training Academy, N. DuPont Highway, Dover, Delaware 19903. The Council on Police Training will receive written comments or oral testimony from interested persons regarding the repeal of the current COPT Regulations in their entirety and reissue the COPT Regulations due to comprehensive changes both substantively and stylistically. The final date for interested persons to submit written comments shall be the date of the public hearing. Written comments should be addressed to: Captain Elizabeth E. Shamany, Director, Delaware State Police Training Academy, P.O. Box 430, Dover, DE 19903-0430. Anyone wishing to make written or oral comments who would like a copy of the proposed regulations may contact the COPT at (302) 739-5903, or write to the above address. Proposed Revisions To repeal current COPT Regulations in their entirety and reissue due to comprehensive changes both substantively and stylistically. Council on Police Training Statutory Authority: 11 Delaware Code, Section 8404(a)(5) (11 Del.C. §8404(a)(5)) 1.0 Objectives 1.1 The objectives of the Council on Police Training are: 1.1.1 To encourage & increase the professional competency of police officers by: 1.1.1.1 Establishing minimum pre-employment qualifications for police officer applicants, and; 1.1.1.2 Establishing minimum educational and training qualifications requisite to permanent appointment as a police officer, and; PROPOSED REGULATIONS 1.1.1.3 Prescribing standards for In-service or continued training of police officers, and; 1.1.1.4 Suspend or revoke certification in the event an individual obtained certification through fraud or deceit, has been convicted of a felony or moral turpitude misdemeanor, or has failed to successfully complete an in-service or advanced training course required by Council. 1.1.1.5 In all situations where the provisions of Section 8404(a)(4) or Section 8410(b) of this Chapter are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in, the manner prescribed herein: 1.1.1.5.1 The Chairman shall select three (3) members of the Council to comprise a Board which will hear evidence on the allegation (hereinafter "Board"). 1.1.1.5.2 Upon conclusion of the hearing provided for in this Section, the board shall submit its findings and recommendation to the full Council in writing for consideration and vote. 1.1.1.5.3 The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline. 1.1.1.5.4 All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code. 2.0 Definitions 2.1 As used in this chapter: “Approved school" means a school authorized by the Council to provide mandatory training and education for police officers as prescribed in this chapter. "Council" means the Council on Police Training. “Permanent appointment" means appointment by the authority of any municipality or government unit in or of this State or the University of Delaware to permanent status as a police officer. "Probationary appointment" means appointment by the authority of any municipality or government unit in or of this State or the University of Delaware of any full-time police officer who is intended to be granted permanent status, but prior to such certification. (Repealed 07/08/93) "Part-time appointment" (no longer valid -1 /1 /88). "Seasonal appointment" means appointment for less than 6 months each year, but more than 4 weeks, for police duties necessitated by seasonal demands. (May 1 -September 30) "Temporary appointment" (no longer valid - (1 /1 /88). "Police officer" means a sworn member of a police force or other lawenforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. For purposes of this chapter this term shall include permanent full-time law enforcement officers of the University of Delaware Police Division; and Permanent full-time law enforcement officers of the Department of Natural Resources and Environmental Control including Park Rangers, Fish & Wildlife Agents, and Environmental Protection Officers. For purposes of this chapter this term shall not include the following: A sheriff, regular deputy sheriff or constable; A security force for a state agency or other governmental unit; or A person holding police power by virtue of occupying any other position or office. (11 Del.C. 1953, & 8401; 57 Del. Laws, c. 261; 57 Del. Laws, c. 670, & 1 A, 63 Del. Laws, c. 31, & 1.) "Inactive status" means status assumed by a certified police officer upon termination of employment with a law enforcement agency. "Permanent basis" means continual employment with a law enforcement agency on a full-time or part-time basis. 3.0 Minimum Standards For Initial Employment 3.1 The applicant shall complete an application, the format of which has been approved by the Council. 3.2 The applicant shall be a citizen of the United States. 3.3 The applicant shall have reached his/her 18th birthday. 3.4 A licensed physician shall examine the applicant, at the expense of the employing agency, to PROPOSED REGULATIONS determine that he/she is physically fit for normal police duties. The following shall be met, in addition to those the physician determines are necessary to be met to perform police work. 3.4.1 The applicant shall be free from any major impediment of the senses. 3.4.2 The applicant shall possess an acuity of vision of not more than 20/200 correctable to 20/20 in each eye with soft contact lenses. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. 3.4.3 The applicant shall possess normal hearing in both ears. 3.4.4 The applicant shall have no communicable diseases. 3.4.5 The applicant shall have no physical deformities which would be detrimental to proper performance of police duties. 3.4.6 The applicant must pass a drug screening test prior to appointment or attendance at an approved basic police training school. The standards for such drug screening shall be adopted by the agency seeking to employ the applicant; at a minimum, these standards must provide for confirmatory testing in the event of an initial positive finding. 3.5 The applicant shall take and successfully complete a validated psychiatric/psychological test to show his/her competency to perform law enforcement duties. The applicant shall also be required to be examined by a licensed psychologist/psychiatrist to determine that his mental and emotional stability is suitable to perform law enforcement duties (i.e. race relations, use of force and authority, flexibility and maturity). Mental exam rejection: such as psychoneurotic reaction resulting in hospitalization, prolonged care by physician or loss of time for repeated periods. 3.6 The applicant shall be a high school graduate as evidenced by a diploma issued by a state accredited high school. An equivalency diploma issued by an accredited high school is acceptable. 3.7 The applicant shall possess a valid drivers license. 3.8 The applicant shall be of good reputation and character. The employing department shall conduct a character and background investigation on each applicant in the form and manner as prescribed by the Council. The chief, or his designee, of the hiring department, shall personally interview the applicant and all background investigation records shall be kept on file for a period of two years for inspection by the Council on Police Training or its authorized representative. 3.9 The applicant shall not have been convicted of a felony. The applicant shall be fingerprinted and a search made of local, state and national fingerprint files to disclose any criminal record; and the fingerprint cards and any identification records shall be made available for inspection to the Council on Police Training or its authorized representative. A conviction of any state or federal crime may be grounds for rejection of the applicant by the Council. 3.10 The applicant shall successfully complete a written job related examination, in the form and manner as prescribed by the Council on Police Training, and the results shall be retained for a period of two years for inspection by the Council or its authorized representative. 3.11 A bad conduct or a dishonorable discharge from military service shall disqualify the applicant. Any discharge, other than above, which is not honorable, may be grounds for rejection, determination to be made by the Council on Police Training. 3.12 The weight of the applicant shall be in proportion to his/her height and build. As identified in the medical history packet. 3.13 The above listed are minimum standards for initial employment. Higher standards are recommended whenever the availability of qualified applicants are available. 3.14 No requirement of this section is to be interpreted as precluding any agency from establishing higher standards. In no case, however, may the department head or agency employ persons with qualifications below the minimums set forth in these regulations for the position of police officer. Revised by Committee 1995 4.0 Notification Of Employment Status 4.1 Effective 1 /1 /88, the Council required that the Administrator be notified by the Chief of Police, in writing, within 15 days of the employment or termination of any police officer under his/her command. 5.0 Minimum Standards For Training 5.1 Basic Police Training Course 5.1.1 Each applicant for a position as a police officer in the State of Delaware must satisfactorily complete the Basic Police Training Course as prescribed in 11 Del.C., §8405a (Amended 07/08/93) prior to being given or accepting an appointment as a police officer. PROPOSED REGULATIONS 5.1.2 The Council on Police Training has certified (5) agencies as approved basic police training schools. Those agencies are: The Delaware State Police; New Castle County Police; Wilmington Department of Police; Newark Police Department; and, the Dover Police Department. 5.1.3 As a condition of maintaining their status as an approved basic police training school, during the training period for applicants for certification as police officers, each school must conduct a minimum of one random drug screening test on each such applicant. The cost of conducting one test for drug samples pursuant to this section for each applicant undergoing training, including confirmatory testing in the event of an initial positive finding, shall be paid by the Council. The drug screening must be conducted according to standards adopted by the agency conducting the school; these standards must include confirmatory testing as described above. 6.0 Extension Of Time Limit For Course Completion 6.1 The Council on Police Training may provide a modification from the application; application of any provision of this chapter or the Rules and Regulations promulgated thereunder, for any police officer of a municipality if: 6.1.1 The police officer is employed on a full-time basis, and; 6.1.2 The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted, and; 6.1.3 Application is made in writing to the Administrator of the Council on Police Training. 6.2 The Administrator will present the hardship application to the Council at the next regularly scheduled quarterly meeting. The Council will consider the request, debate its merits, and approve or deny the application by a majority vote of its members. 7.0 Waiver Of Equivalent Training - Reciprocity 7.1 The Council on Police Training may waive the requirement of attending an approved Delaware Police Training School for those officers seeking Delaware certification of training after having completed equivalent training out-of-state. 7.2 The Chief of Police of the municipality seeking waiver of Delaware training must submit to the Council an "Application for Exemption from Mandatory Training". 7.3 The application must be completed in its entirety and submitted to the Administrator prior to appointment by the requesting agency. The officer must enclose a copy of the certificate of training from the police academy which provided basic police training. The officer must also enclose a copy of the curriculum from that academy which must include: description of courses taught; hours assigned to each course; and, a brief synopsis of the material taught in each course. 7.4 The Administrator will examine the equivalent training records and make a comparison with the Delaware Mandatory Requirements. Any areas not meeting Delaware standards will be required, prior to submission of the waiver application to Council for consideration. 7.5 At a minimum, training specific to Delaware shall be required prior to Council certification. These training areas include, but are not limited to: Delaware Criminal Code Delaware Motor Vehicle Code CPR/Emergency Care Firearms Certification Police Fire Survival 7.6 If the Council should determine that the out-of-state training was in the main, deficient, it may deny the waiver in its totality and require attendance at an approved Delaware police training school. 8.0 Certification Of Training 8.1 The Council on Police Training, subject to 11 Del.C., §8404, may: 8.1.1 Issue certification of completion of police officer training prescribed under this chapter; 8.1.2 Prescribe standards for in-service or continued training of police officers; 8.1.3 Establish minimum educational and training qualifications requisite to permanent appointment as a police officer; 8.1.4 Establish certification and recertification requirements for police officer applicants who have previously been certified as having completed the training by Council but have ceased to be employed on a permanent basis; PROPOSED REGULATIONS 8.1.5 Prescribe equipment and facility standards for schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools; 8.1.6 Establish minimum training requirements, attendance requirements and standards of operations for police training schools; 8.1.7 Prescribe minimum qualifications for instructors at such schools and certify, as qualified, or decertify such instructors to their particular courses of study; 8.1.8 Approve and issue certificates of approval to such police training schools, to inspect such schools from time to time and to revoke for cause any approval or certificate issued to such schools; 8.1.9 Suspend or revoke certification in the event that an individual: 8.1.9.1 Obtained a certificate by fraud or deceit; 8.1.9.2 Has been convicted of a felony or of a misdemeanor involving moral turpitude or of any local, state, or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or any drug law; 8.1.9.3 Has failed to successfully complete any in-service or advanced training required by Council; 8.1.9.4 Has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer; 8.1.9.5 Has been discharged from employment with a law enforcement agency for a breach of internal discipline; or has tendered his resignation prior to the entry of findings of fact concerning an alleged breach of internal discipline and who is found by the Council to have engaged in conduct constituting a breach of internal discipline for which the individual could have been legitimately discharged had he not resigned his position prior to an adverse finding of fact being entered on the issue by the employing agency. 8.1.9.6 Effective 1 /1 /88, the Basic Curriculum shall likewise be applicable for all new police officers regardless of the type of employment or hours of employment, excepting seasonal employment. 8.1.9.7 Effective 1 /1 /91, each police officer, certified by the Council, will be required to complete 16 hours of in-service training annually, in addition to the annual recertification in C.P.R., Firearms, and triannually in Emergency Care. 8.1.10 LETN Subscribers can receive one hour in-service credit for selective LETN Programs, but must meet the following criteria: 8.1.10.1 Have a pre and post-test with a post grade of at least 70 percent. 8.1.10.2 Test must be administered by a certified COPT instructor. 8.1.10.3 Refer to the in-service training manual for additional information. 9.0 Recertification Requirements Of Police Officers 9.1 Recertification Requirements 9.1.1 If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C., §8404 (a)(5) prior to recommencing employment. 9.1.2 If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following: 9.1.2.1 Medical background including: 9.1.2.1.1 medical history/physical examination form 9.1.2.1.2 physicians affidavit 9.1.2.1.3 weight chart 9.1.2.1.4 substance abuse screen 9.1.2.2 The results of a validated psychiatric/psychological test indicating competency to perform law enforcement duties. 9.1.2.3 Current criminal history record check. 9.1.2.4 Background investigation. 9.1.2.5 Emergency Care and C.P.R. certification. 9.1.3 If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must satisfy all minimum standards for initial employment established by the Council. These PROPOSED REGULATIONS include, but are not limited to, the following: 9.1.3.1 Medical background including: 9.1.3.1.1 medical history/physical examination form 9.1.3.1.2 physicians affidavit 9.1.3.1.3 weight chart 9.1.3.1.4 substance abuse screen 9.1.3.2 The results of a validated psychiatric/psychological test indicating competency to perform law enforcement duties. 9.1.3.3 Current criminal history record check. 9.1.3.4 Background investigation. 9.1.3.5 Emergency Care and C.P.R. certification. 9.1.3.6 Firearms certification. 9.1.3.7 In addition, such individuals must satisfy the following requirements: 9.1.3.7.1 Complete a basic academy course in procedures, criminal laws, and traffic laws. 9.1.3.7.2 Complete an entrance level firearms course. 9.1.3.7.3 Complete any other academic requirements imposed by the Director of the Delaware State Police Training Division following a review of the individual's training history. 9.1.4 If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Director of the Delaware State Police Training Division following a review of the individual's training history and after approval by the Council. 10.0 Seasonal Police Officers 10.1 Minimum Training 10.1.1 Due to their status, officers in this classification will receive a course of instruction that once completed will meet minimum standards established by the Council on Police Training. Seasonal officers are governed by administrative directive as per Council Mandate 10/17/90. 10.1.2 Due to the unique position of the Seasonal Police Officer, it will be stipulated that in lieu of training prior to active duty, they will instead be granted permission by the Council on Police Training to comply with Section 8404 (a) (16) within fifteen (15) .days of their initial employment date. 10.1.3 Seasonal police officer employment will encompass the period of May 1 - September 30 only. 10.1.4 Seasonal police officers who carry firearms or operate police vehicles on patrol shall be trained as required under 8404 (a) (2). Reinforced by Council 08/24/94. 10.2 Basic Curriculum -Seasonal 21 Hours 10.2.1 Police Discipline & Courtesy1 Hour 10.2.1.1 Basic why, when, and where of discipline and courtesy of police officers. 10.2.2 Use Of Police Equipment(Mace/nightstick Or Baton/handcuffs) 3 Hours 10.2.2.1 Basic procedures for the effective use of non-lethal equipment. 10.2.3 Laws Of Arrest And Search Procedures 4 Hours 10.2.3.1 The legal foundation of laws governing and limiting the police officer's authority in the areas of arrests. This treatment shall be afforded with respect to the laws of arrest with or without warrants, arrest for misdemeanors and arrest for felonies, the elements of probable cause, and the disposition of persons after lawfully arrested. 10.2.4 Criminal Code (Minor Offenses) 2 Hours 10.2.4.1 The course should make the officer familiar with the code and the common minor violations and to know how to make ready reference to the code for other violations. 10.2.5 Traffic Control1 Hour 10.2.5.1 Designed to teach the officer the fundamentals and mechanics of traffic control and control devices; and to familiarize. the officer with the proper signals and gestures used in point traffic control. 10.2.6 Emergency Care (Basic "ABC") 4 Hours 10.3.6.1 Training to develop first aid techniques that enable an officer to meet the basic demands in most cases. 10.2.7 Patrol Procedures (Basic Tactics) Hours PROPOSED REGULATIONS 10.2.7.1 The most important single function of the police; the prevention of crime, the protection of life and property, the preservation of peace, the enforcement of law, and the detection and arrest of violators of the law and the relationship of such purposes to the patrol functions. 10.2.8 Communications1 Hour 10.2.8.1 Acquaints the officer with the features and use of communications equipment used in police operations, including telephone, teletype, and radio. Instruction also includes rules and regulations of the Federal Communications Commission with regard to radio transmissions. 10.2.9 Courtroom Procedure & Demeanor 2 Hours 10.2.9.1 The fundamentals of how to be most effective as a witness in court. Includes preparation of the case prior to courtroom presentation. Also, appearance, manner, and attitude in court and while waiting to testify. NOTE: This will not preclude any department from expanding on and or providing more than the minimum as provided above. 11.0 Minimum Qualifications For Police Instructors 11.1 Proposed instructors shall forward a resume including information relative to their education, experience in law enforcement, experience and suitability in instruction, ability at oral and written communication, and physical and personal appearance to the Administrator of the Council on Police Training. 11.1.1 The instructors shall be of two types: 11.1.1.1 Those used in general police instruction and have been in law enforcement for a minimum of five years; 11.1.1.2 Those who, by their special knowledge and preparation, are suited toinstruct certain courses requiring such special knowledge and education shall have the five year minimum experience waived. 11.1.2 All candidates for instructor must meet one of the following criteria prior to certification. The order of preference is as follows: 11.1.2.1 Certification from a police instructor school as approved by the Delaware Council on Police Training. 11.1.2.2 Teachers certified by the State of Delaware, Department of Instruction. 11.1.2.3 Bachelor degreed persons with practical application in teaching policerelated subjects. 11.1.2.4 Those, who by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education may be given a certification limited in subject matter. 11.1.3 Evaluations 11.1.3.1 Newly certified instructors shall be closely monitored during their first year by the Director (or his designee) of the respective academy in which they are instructing. 11.1.3.2 ncumbent instructors shall be monitored a minimum of once a year by the Director of that academy or his designee. 11.1.3.3 Instructors who have not taught for three years (36 months) shall be monitored as set forth in Section C 1. 11.1.3.4 Evaluation reports shall be forwarded to the director of the training academy from which the instructor originates. 11.1.4 Complaint Process 11.1.4.1 Students having complaints relative to training shall direct such complaints to the director of the academy they are attending. 11.1.4.1.1 If remedial action is not forthcoming, the complaint; 11.1.4.1.1.1 In the case of officers attending their own academy, they shall follow the authorized chain of command of that agency. 11.1.4.1.1.2 In the case of officers attending an academy other than their own, they shall notify their training officer or chief of police. 11.1.4.2 The training director or chief of police making complaints relative to an instructor or the training shall make a written request to the Administrator for an evaluation. The Administrator, or his designee, shall provide such evaluation for every request. The designee shall be a director of an approved status academy or his assistant. 11.1.5 Decertification PROPOSED REGULATIONS 11.1.5.1 Instructors who become certified but through the evaluation process are found to be unacceptable for training purposes may be decertified by the Council upon recommendation by two members of the agency's Academy staff. 11.1.5.2 Falsification of information which led to certification shall be just cause for decertification. 11.1.6 Appellate Process 11.1.6.1 There are no appeals of the decisions of the Council on Police Training concerning instructor decertification unless a claim of lack of due process can be substantiated. 12.0 Firearms Training 12.1 Firearms training defined: Weapons training conducted at a facility and by an instructor certified to teach such subjects by the Council on Police Training. 12.2 Duration and Curriculum: Due to the varying number of police officers that will be involved in the firearms training at any one given time, no specific total of hours will be attached to this subject. The curriculum will include classroom lectures on safety, nomenclature, care of weapons, and the viewing of training films. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. The range officer of the involved training facility will attest to the qualifications of the respective officer. The officer must qualify with his departmental issued weapon. The officer must attain 75% of the possible score. 12.3 Depending on the number of persons being trained, and considering the amount of experience, or lack of experience the group has with firearms, this training period will vary in time between 2 and 5 days with the 5 day period being the most common. 12.4 Non-Qualification: Should an officer initially fail to qualify, that person will be permitted one (1) additional opportunity to attain certification. Scheduling for the additional attempt will be conducted at the convenience of the firearms officer. Under no circumstances, will an officer be permitted to carry a firearm on duty unless certified as per the requirements of Section 8404 of the Council on Police Training. 12.5 As authorized by 8404 (a)(5): In order to retain certification, all police officers in the State of Delaware must receive recertification in firearms proficiency annually. The recertification must be conducted by a Council on Police Training certified firearms instructor. 12.6 A minimum of three (3) requalification shoots per year, scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots is required. Of these three, there will be one (1) mandatory "low light" shoot. Simulation is permitted and it may be combined with a daylight shoot. 12.7 Each training session shall consist of one minimum standards requalification course. An additional 50 rounds shall be fired for proficiency training. This is a total of 100 rounds per shoot as a minimum. 12.8 The Chief of Police shall forward to the Administrator, documentation of annual firearms recertification for each officer under his/her command within 90 days of the anniversary date of initial firearms certification. 12.9 All training ammunition shall be comparable to issued service ammunition in performance specifications. Service ammunition shall be collected annually and replaced with new. The collected ammunition may be used for training. All shooting is to be completed with authorized/issued weapons and equipment. 13.0 Minimum Standards for Firearms Qualifications 13.1 Handguns (Day) A minimum of three qualification shoots per year, scheduled on at least two separate dates, with ninety days between qualification dates. Of the three dates, there will be one mandatory “low light” qualification. Simulation of “low light” is permitted and the “low light” qualification may be combined with a day shoot. All training ammunition shall be comparable to issued ammunition in performance. Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification. A minimum of 150 rounds of ammunition will be fired annually for proficiency training. This ammunition will not include the ammunition required for qualification courses. A minimum score of 80% must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor. All qualifications are to be completed with authorized weapon and equipment (holster, speedloaders, pouches, etc.). PROPOSED REGULATIONS Shooting will be conducted annually using the flashlight for target illumination and identification. YARD LINE COURSE OF FIRE TOTAL ROUNDS 25/Greater Behind Cover 9 Two Different Positions 15 to 7 Advancing Towards Target 9 7 Centered Behind Barricade 12 5/Less Move Back 6 5/Less Lateral Movement 8 5/Less One Hand Reload 6 Strong/Weak Hand Only TOTAL OF FIFTY ROUNDS The instructor will determine at what distance, in what manner, and how many rounds will be fired on each command. 13.2 Low Light or Concealed Carry Standards Retiree Concealed Carry Standards for H.R. 218. This regulation sets forth the minimum qualification standards for concealed weapon handguns for active duty police officers and for retired law enforcement officers who qualify under the Law Enforcement Officers Safety Act of 2004 (H.R. 218). These are minimum standards and shall not prevent any police department from establishing more strict or additional rules or regulations to qualify to conceal carry a firearm on or off duty. YARD LINE COURSE OF FIRE TOTAL ROUNDS 15 to 17 Advance Towards Target 9 7 Centered Kneeling Behind 16 Barricade 5/Less Lateral Movement 12 5/Less Move Back 6 5/Less One Hand Reload 7 Strong/Weak Hand Only TOTAL OF FIFTY ROUNDS The instructor will determine at what distance, in what manner, and how many rounds are fired on each command. Active duty and retired law enforcement officers must qualify a minimum of once annually and obtain a minimum score of 80%. If the weapon system or holster is different from duty use, the officer must qualify a minimum of once annually and obtain a minimum of 80% score. 13.3 Basic Patrol Long Gun This basic patrol long gun course is not designed to replace training relevant to specific weapons such as sniping marksmanship and select fire weapons. It will be incumbent upon each police department to provide their respective officers with specific recognized training to have those officers certified. Long guns include patrol level weapons designed to be fired from the shoulder (e.g., patrol rifle/ PROPOSED REGULATIONS carbines, shotguns). Police departments using long guns will be required to qualify three times a year. A two-day course and one “low light” course simulation of “low light” is permitted. A minimum of ninety days is required between the two-day courses. The “low light” course may be combined as part of a one-day qualification course. Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification. All training ammunition shall be comparable to issued ammunition in performance. Departments using long guns will fire a minimum of twenty rounds of ammunition for proficiency training per year. This ammunition will not include the ammunition required for qualification courses. A minimum score of 80% must be obtained to be qualified. The method of scoring and what type of target used will be determined by the instructor. All qualifications are to be completed with authorized weapons and ammunition. Departments are required to qualify on each type of ammunition that is issued. YARD LINE COURSE OF FIRE TOTAL ROUNDS 3/Greater Two Different Positions 10 Three Different Places TOTAL OF TEN ROUNDS The instructor will determine at what distance, in what manner, and how many rounds are fired on each command depending on the weapon and the capability of the ammunition. 9 DE Reg. 768 (11/1/05) 14.0 Re-certification of Basic Firearms Instructors An eight-hour firearms re-certification course will be held annually and will cover, but not be limited to: legal updates; use of force; and review of Council on Police Training standards. To maintain certification, firearms instructors must attend a minimum of one re-certification course every three years and complete sixteen hours of additional training in firearms usage or complete sixteen hours of Academy-level instruction, or a combination of training and instruction in the same three-year period. The head of the police department shall provide documentation of the required updated training to the COPT Administrator to include in the instructor’s training records. No firearms instructor shall be employed by any police department for purposes of certifying firearms instructors unless the certifying instructor has been approved by the Council on Police Training. 9 DE Reg. 768 (11/1/05) 15.0 Emergency Care & C.P.R. Retraining 15.1 All police officers in the State of Delaware shall have successfully completed a First Responder course adhering to the United States Department of Transportation curriculum for First Responder courses as offered by the Delaware State Fire School or as taught in a certified police training academy by a credentialed medical services instructor. 6 DE Reg. 949 (2/1/03) 16.0 Certification Of Schools Or Courses 16.1 The Council on Police Training may: 16.1.1 Prescribe equipment and facility standards for schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools; 16.1.2 Establish minimum training requirements, attendance requirements and standards of operations for police training schools; 16.1.3 Prescribe minimum qualifications for instructors at such schools and certify, as qualified, or decertify such instructors to their particular courses of study; 16.1.4 Approve and issue certificates of approval to such police training schools, to inspect such schools from time to time and to revoke for cause any approval or certificate issued to such schools; PROPOSED REGULATIONS 16.1.5 Consult and cooperate with all agencies of government, state and local, concerning the development and administration of the training and standard program and to contract with such agencies as it deems necessary to the performance of its powers and duties; 16.1.6 Effective 1 /1 /88, the Chief of Police of the Council approved training schools shall submit to the Administrator, in writing, the curriculum and names of instructors to be utilized, at least 15 days prior to the commencement of basic training for new police recruits. 16.1.7 The Administrator may then access the Council computer to determine the certification status of each instructor. 16.1.8 In any case, the Administrator will respond, in writing, to the approved school, advising the status of the request within 5 working days. 17.0 Council On Police Training Basic Curriculum 17.1 This is the mandatory curriculum for basic police training and reflects 498 hours of training as approved by the Council on Police Training. This curriculum will become effective January 1, 1991. 17.2 Introduction To Law Enforcement 2 Hours 17.2.1 To introduce law enforcement officers to the historical background and development of the police service with emphasis on its relationship to modern society. Also included is an analysis of the organizational structure. 17.3 Constitution And Bill Of Rights 2 Hours 17.3.1 An introduction to the history and development of the Federal and State Constitutions, particularly the Federal Bill of Rights, as interpreted by the courts down through the years, with emphasis on decisions of the United States Supreme Courts. 17.4 Other Police Agencies Jurisdiction 2 Hours 17.4.1 To acquaint officers with the jurisdiction, function, and availabilities of other enforcement agencies including federal departments such as the Secret Service and Federal Bureau of Investigation. 17.5 Criminal Code 20 Hours 17.5.1 The course should make the officer sufficiently familiar with the Code as to know all aspects of the most important and common violations and to know how to make ready reference to the Code for all other violations. This segment will also acquaint the officer with the more commonly encountered civil law violations. 17.6 Motor Vehicle Code 20 Hours 17.6.1 The purpose of this course is to acquaint the officer with the provisions of the Motor Vehicle Code Annotated. With this background, he may readily recognize a violation thereof and be able to: (1) define the elements of such violation and; (2) know the nature of the evidence necessary to prove such violation in court. 17.7 Laws Of Arrest 25 Hours 17.7.1 The legal foundation of laws governing and limiting the police officer's authority in the areas of arrest. This treatment shall be afforded with respect to: (1) the laws of arrest with or without warrants, arrest for misdemeanors and arrest for felonies, the elements of probable cause, and the disposition of persons after lawfully arrested; (2) the law applicable to criminal interrogation and resultant confessions under the 5th, 6th, and 14th Amendments of the Federal Constitution and; (3) the application of constitutional safeguards to electronic surveillance, chemical, and serological evidence. 17.8 Handling Abnormal People 8 Hours 17.8.1 The purpose of this course is to identify behavioral factors with which the officer has to deal, discusses the influence of group behavior or individual behavior, and emphasizes the importance of understanding unusual behaviors in order to handle that behavior most effectively. Also review commitment procedures. 17.9 Patrol Procedures 40 Hours 17.9.1 The most important single function of the police; the prevention of crime, the protection of life and property, the preservation of peace, the enforcement of law, and the detection and arrest of violators of the law and the relationship of such purposes to the patrol functions. 17.10 Emergency Care 21 Hours 17.10.1 Because accidents and other emergencies bring the police officer to the scene first, this training is to develop first aid techniques that enable him to efficiently fulfill his responsibilities. The course also offers sufficient instruction to enable the police officer to make an emergency child delivery. 17.11 Interview And Interrogation 8 Hours 17.11.1 To teach the officer the approved techniques of interrogation so that he may fully PROPOSED REGULATIONS develop information or evidence by conversation with witnesses and subjects. Emphasis on legal limitations. 17.12 Accident Investigation 24 Hours 17.12.1 Develops the officer's skills in methods and techniques to be applied to this type of investigation, including measurements, photography, sketches, reporting, and interviewing of witnesses and drivers, hit-and-run accidents and manslaughter by motor vehicle cases. 17.13 Manual Traffic Control 2 Hours 17.13.1 Designed to teach the officer the fundamentals and mechanics of traffic control and control devices; and to familiarize the officer with the proper signals and gestures used in point traffic control. 17.14 Report Writing 24 Hours 17.14.1 Instructs the officer in the essential mechanics of recording his investigations in report form suitable to serve both as an aid to further investigation and to the preparation and development of prosecution. 17.15 Juvenile Procedures 8 Hours 17.15.1 This course is designed to acquaint the new officer with the family, social and economic conditions, and factors which foster and encourage juvenile delinquency. It stresses the role law enforcement can play in the overall effort to combat such conditions with emphasis on the planned programs existent within the State of Delaware. 17.16 Firearms 40 Hours 17.17.1 Instruction includes classroom lectures on safety, nomenclature, care of weapons, and the viewing of training films. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. 17.18 Community Relations 12 Hours 17.18.1 The purpose of this course is to prepare the officer to deal fairly and effectively with minority groups in society. This course is intended to bring about increased understanding and respect of the duties of the police officer on the part of these minority groups with which the officer must deal. 17.19 Driving Under The Influence & Chemical Testing 10 Hours 17.19.1 Presents the elements of the offense of driving under the influence as defined by Delaware law. Provides knowledge on securing the necessary evidence, including scientific tests and reporting in order to successfully prosecute. 17.20 Courtroom Procedure And Demeanor 10 Hours 17.20.1 The fundamentals of how to be most effective as a witness in court. Includes preparation of the case prior to courtroom presentation. Also, appearance, manner, and attitude in court and while waiting to testify. 17.21 Narcotics 12 Hours 17.21.1 Acquaints the officer with the types of narcotics commonly used. It includes the terms of jargon, the general effects of various drugs and barbiturates, plus their relationship to crime. Field testing of various substances will also be included. 17.22 Latent Fingerprints/crime Scene Processing 12 Hours 17.22.1 Methods and importance of identification including the methods of dusting, photographing and lifting latent fingerprints and palm prints from all manner of surfaces and areas, inked and rolled fingerprints; not only of live and willing subjects, but also from unconscious, deceased, and decomposed bodies. 17.23 Weaponless Defense 30 Hours 17.23.1 Through the use of lecture, demonstration and individual participation, provide each new officer with sufficient skills to defend himself from attack. Instruction and practice in nature, theory, basic principles, safety precautions, the personal weapons, and vulnerable areas of attack. Instruction on the use of the police baton and crowd control. 17.24 Laws Of Evidence & Search And Seizure 24 Hours 17.24.1 Acquaint the recruit with the rules and law of evidence exercised in a court of law so that he may recognize what is legally admissible. He must be able to differentiate between the various types of evidence and be familiar with the rules concerning maintaining the chain of evidence. Covers the laws of search and seizure under the provisions of the 4th and 14th Amendments including the exclusionary rule and the elements of a "reasonable" search and seizure of persons (a) incidental to arrest; (b) under a search warrant; (c) with consent. 17.25 Sex Crimes 8 Hours 17.25.1 This course is calculated to teach the officer the elements, peculiar techniques of investigation, motives, and most productive sources of evidence, psychology of violators, modus operandi, etc. PROPOSED REGULATIONS 17.26 Criminal Investigation 44 Hours 17.26.1 Presents a study of the basic fundamentals and procedures of investigation involving the more serious crimes. Includes establishment of the elements of burglary, robbery, auto theft, theft felony, homicide, and other major offenses such as gambling and organized crime. 17.26.2 Also discussed is a study of the more routine police criminal complaints. Covers techniques of investigating prowler, theft misdemeanor, plain drunk, obscene phone calls, domestic complaints, and other minor offenses. 17.27 Communications & Ncic 6 Hours 17.2.7.1 Acquaints the officer with the features and use of all communications equipment used in police operations, including telephone, computers, radio, and NCIC. Instruction also includes rules and regulations of the Federal Communications Commission with regard to radio transmissions. 17.28 Police Discipline And Ethics 8 Hours 17.2.8.1 Basic why, when, and where of discipline and courtesy of police officers. Ethics from a law enforcement perspective will be explored and discussed. 17.29 Civil Disobedience/labor Disputes 4 Hours 17.29.1 Lecture and discussion of Delaware Labor Laws and the law enforcement role of protection of life and property with explanation of injunctive relief procedures. Actual situations involving labor strikes and picketing of companies, abortion clinics, animal rights groups, etc., will be discussed. 17.30 Use Of Deadly Force 6 Hours 17.30.1 This course will acquaint the officer with the laws governing the use of deadly force by police officers. 17.31 Domestic Violence 8 Hours 17.31.1 To acquaint the officer with the potential dangers that exist when answering calls of domestic disputes. Generally, such training is designed to prepare police officers to react effectively, efficiently, and sensitively to the crisis situations which they encounter. 17.32 Police Fire Survival 14 Hours 17.32.1 Delaware State Fire School explains the hazards of electrical fires, the proper use of various types of fire extinguishers, knowledge of structural fires, how to handle flammable liquids and gas and rescue techniques for removing trapped persons from vehicles. 17.33 Officer Survival 20 Hours 17.33.1 This course is designed to acquaint the new officer with the basic street survival techniques as accrued from years of experience from actual encounters on the street. Practical application of avoidance, deterrence, and handling of actual scenarios will familiarize officers with what to do when confronted with an armed combatant as well as what not to do. 17.34 Advanced Driving Course 24 Hours 17.34.1 This course is divided into approximately 2 hours of classroom instruction and 22 hours of driving on a skid pad. The classroom instruction stresses the importance of vehicle safety in teaching defensive and pursuit tactics. The student is taught to realize that the driving environment, which includes the vehicle, the road, and the driver all have limits. Some of the topics covered are the affects of weight transfer, affects of centrifugal force and friction, and skids and cornering. 17.34.2 The skid pad portion reinforces the student's understanding of the driving environment and other classroom material. The student is exposed to steering control, judging distances, the vehicles evasive capability, maximum braking ability without losing steering ability, and the affects of skidding and controlling skids. Revised and Approved by C.O.P.T. October 17, 1990 18.0 Training Records 18.1 Upon submission of an "Authorization to Release Information" form and proper personal identification, the Council on Police Training will release training records and other personal information to the bearer of the properly executed release form. 18.2 The form should be sent to the Administrator at least 5 days in advance of the needed date to allow for processing of requests. 19.0 Administrator 19.1 The Director of the Delaware State Police Training Division shall be responsible for administering the PROPOSED REGULATIONS mandatory training and education for police officers program with responsibility and authority to obtain professional assistance from other police and professional organizations to accomplish the purposes and objectives of the program. 20.0 Reimbursement 20.1 Every municipality or other governmental unit of this State or the University of Delaware intending to employ on a permanent basis police officers who have satisfactorily completed the mandatory training as required under this chapter and who have completed their training while in the employ of another municipality or another governmental unit of this State or the University of Delaware within 2 years from the date of satisfactory completion of such mandatory training, shall reimburse the municipality or other governmental unit or the University of Delaware with whom the police officer was employed at the time of attending the mandatory training program for the cost of training such officer, which shall include the salary, uniforms and equipment and other training expenses incurred while the officer was attending the mandatory training program. During the first year after completion of the mandatory training program the municipality or other governmental unit or the University of Delaware by whom the police officer was employed at the time of attending the mandatory training program shall be reimbursed for 100 percent for those expenses. During the second year the municipality or other governmental unit shall be reimbursed for 50 percent of those expenses. 20.2 Reimbursable expenses would include, but are not limited to, items such as salary, physical fitness training clothing, class uniforms, ammunition for the range, etc. 21.0 Uncertified Police Officers 21.1 Police officers of the State or any county or municipality or the University of Delaware which do not meet the requirements of this chapter and the criteria as established by the Council shall not have the authority to enforce the laws of the State. 21.2 A police force of any county or municipality which does not meet the requirements of this chapter and the criteria established by the Council will be ineligible to apply for or receive state aid to local law enforcement funds. (SALLE Funds) 22.0 Right To Amend 22.1 The Council reserves the right to amend these rules and regulations as authorized under 11 Delaware Code, Chapter 84, S8404 (a)(14). 22.2 When a change is made to the mandatory training act, the Administrator shall send the changes to all holders of this manual for addition or replacement of the affected section(s). 22.3 The Administrator may require a return receipt from all holders of this manual as proof of compliance. 23.0 Annual Report 23.1 Annually, upon request of the Chairman, the Administrator may present to the Council a summary of its activity from the previous fiscal year. 1.0 Objectives 1.1 The objectives of the Council on Police Training are: 1.1.1. To encourage and increase the professional competency of police officers by: 1.1.1.1 Establishing minimum pre-employment qualifications for police officer applicants and; 1.1.1.2 Establishing minimum educational and training qualifications requisite to permanent appointment as a police officer, and; 1.1.1.3 Prescribing standards for In-service or continued training of police officers, and; 1.1.1.4 Suspend or revoke certification in the event an individual obtained certification through fraud or deceit, has been convicted of a felony or moral turpitude misdemeanor, or has failed to successfully complete and in-service or advanced training course required by Council. 1.1.1.5 In all situations where the provisions of Section 8404(a)(4) or Section 8410(b) of this Chapter are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein: 1.1.1.5.1 The Chairman shall select three (3) members of the Council to comprise a Board, which will hear evidence on the allegation (hereinafter “Board”). 1.1.1.5.2 Upon conclusion of the hearing provided for in this Section, the board PROPOSED REGULATIONS shall submit its findings and recommendation to the full Council in writing for consideration and vote. 1.1.1.5.3 The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline. 1.1.1.5.4 All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code. 2.0 Definitions 2.1 As used in this chapter: “Approved Academy” means a Police Basic Training School authorized by the Council to provide mandatory training and education for police officers as prescribed in this chapter. “Council” means the Council on Police Training. “Inactive status” means status assumed by a certified police officer upon termination of employment with a law enforcement agency. “Pathology” means the branch of medicine concerned with the study of the nature of disease and its causes, processes, development and consequences. “Permanent appointment” means appointment by the authority of any municipality or government unit in or of this State or the University of Delaware Police Department, Delaware State University Public Safety Department and the Delaware River and Bay Authority to permanent status as a police officer. “Permanent basis” means continual employment with a law enforcement agency on a full-time or part-time basis. “Police officer” means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. • For the purposes of this chapter this term shall include permanent full-time law enforcement officers of the University of Delaware Police Department, Delaware State University Public Safety Department and the Delaware River and Bay Authority. • Permanent law enforcement officers of the Department of Natural Resources and Environmental Control including Park Rangers, Fish and Wildlife Agents, and Environmental Protection Officers. For purposes of this chapter this term shall not include the following: • A sheriff, regular deputy sheriff or constable; • A security force for a state agency or other governmental unit • A person holding police power by virtue of occupying any other position or office. (11 Del.C. 1953, & 8401; 57 Del. Laws, c. 261; 57 Del. Laws, c. 670, & 1A, 63 Del. Laws, c. 31, & 1.) “Seasonal appointment” means appointment for no more than 6 months per calendar Year. Any deviation from this standard based on special circumstances will require prior approval by the Council. “University” means the University of Delaware Police Department or Delaware State University Public Safety Department. “Validated test” means a test that has been shown by scientific means to be specific related to job performance and job tasks and does not have an adverse impact. 3.0 Minimum Standards for Initial Employment 3.1 The applicant shall complete an application, the format of which has been approved by the Council. (See Section IV. Forms) 3.2 The applicant shall be a citizen of the United States. 3.3 The applicant shall have reached his/her 18th birthday as a seasonal officer and his/her 21st birthday as a full time officer. 3.4 A licensed physician shall examine the applicant, at the expense of the employing agency, to determine that he/she is physically fit for normal police duties. The following shall be met, 3.4.1 The applicant shall be free from any major impediment of the senses. 3.4.2 The applicant shall be examined by a licensed ophthalmologist and shall possess acuity of PROPOSED REGULATIONS vision of not more than 20/200 correctable to 20/20 in each eye with soft contact lenses. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. Applicant shall also possess acceptable depth perception. 3.4.3 The applicant shall possess normal hearing in both ears per current standards. 3.4.4 The applicant shall have no communicable diseases. 3.4.5 The applicant shall have no physical deformities, which would be detrimental to proper performance of police duties. 3.4.6 The applicant must pass a drug-screening test prior to appointment or attendance at an approved police basic training Academy. The standards for such drug screening shall be adopted by the agency seeking to employ the applicant; at a minimum, these standards must provide for confirmatory testing in the event of an initial positive finding. 3.5 The applicant shall take and successfully complete a validated psychiatric / psychological test to show his/her competency to perform law enforcement duties. The applicant shall also be required to be examined in person and receive endorsement by a licensed psychologist / psychiatrist to determine that his mental and emotional stability is suitable to perform law enforcement duties (i.e. race relations, use of force and authority, flexibility and maturity). Mental exam rejection: such as psychoneurotic reaction resulting in hospitalization, prolonged care by physician or loss of time for repeated periods. 3.6 The applicant shall be a high school graduate as evidenced by a diploma issued by a state accredited high school. An equivalency diploma issued by an accredited high school is acceptable. 3.7 The applicant shall possess a valid drivers license. 3.8 The applicant shall be of good reputation and character. The employing department shall conduct a character and background investigation on each applicant in the form and manner as prescribed by the Council (see form IV-14). The chief, or his designee, of the hiring department, shall interview the applicant in person and all background investigation records shall be kept on file for a period of two years for those applicants not hired and permanently for those applicants hired for inspection by the Council on Police Training or its authorized representative. 3.9 The applicant shall not have been convicted of a felony or misdemeanor, which precludes the individual from possessing a weapon. The applicant shall be fingerprinted and a search made of local, state and national fingerprint files to disclose any criminal record; and the fingerprint cards and any identification records shall be made available for inspection to the Council on Police Training or its authorized representative. A conviction of any state or federal crime may be grounds for rejection of the applicant by the Council. 3.10 The applicant shall successfully complete a written job related examination, in the form and manner as prescribed by the Council on Police Training, and the results shall be retained for a period of two years for inspection by the Council or its authorized representative. Form and manner being a validated test related to specific requirements needed to perform duties of a police officer 3.11 A bad conduct or dishonorable discharge from military service shall disqualify the applicant. Any discharge, other than above, which is not honorable, may be grounds for rejection, determination to be made by the hiring agency in conjunction with the Administrator of the Council on Police Training. 3.12 The weight of the applicant shall be in proportion to his/her height and build or body fat percentage as established by the Cooper Institute. www.healthchecksystems.com/heightweightchart.htm 3.13 Physical Ability Testing: Each department sending recruits to a COPT approved academy within this state will be responsible to see that the applicant meets the minimum physical ability standards as set by the respective academy. Recruits found not to meet the minimum standard(s) are subject to dismissal from the respective training academy. 3.13.1 The COPT recommends a test battery for applicants as suggested by the Cooper Institute1. The Battery is as follows: 3.1.3.1.1 Vertical Jump 3.1.3.1.2 One Minute Sit Up 3.1.3.1.3 300 Meter Run 3.1.3.1.4 Maximum Push-Up or Bench Press 3.1.3.1.5 1.5 Mile Run 1. Procedure and Sequencing of Physical Fitness Tests in Law Enforcement; 2002 The Cooper Institute PROPOSED REGULATIONS 3.13.2 The procedure and order for testing is recommended as follows: 3.13.2.1 Warm up for 3 minutes, perform vertical jump test and rest for 2 minutes 3.13.2.2 Perform one minute sit-up test and rest for 5-10 minutes 3.13.2.3 Perform 300 Meter run and rest for 5-10 minutes 3.13.2.4 Perform Maximum Push-up test and rest for 5 to 15 minutes. 3.13.2.5 Perform Cardio-warm up for 2-3 minutes and then perform 1.5 mile run followed by cardio-cool down for 5 minutes. 3.13.3 As a minimum, applicants should be capable of satisfactorily completing 3 of the recommended tests. Satisfactorily is held to mean the achievement in the 20th percentile as cited in the Cooper Fitness Norms, Single Norms1. The inability of a recruit to perform physical ability tests to the 20th percentile shall be reported to the director of training of the academy to which the recruit is enrolled. The Director of Training may require additional testing, specialized training, or may at his/her discretion, deny enrollment of said recruit in the respective training academy. In all cases where a recruit is denied enrollment, the Director of the COPT shall be notified in writing with the reasons for the denial clearly stated. 3.13.4 Physical Fitness/Wellness testing and training is to encourage and teach law enforcement officers to maintain a healthy fitness level throughout their career. Law enforcement officers who remain physically fit prove more readily able to cope with the day-to-day stress of job demands, and are better prepared to handle critical incidents. For this purpose, the COPT has established a minimum Physical Ability level for law enforcement recruit applicants, and officers currently employed in law enforcement out of state, and seeking law enforcement employment in Delaware. It will be the responsibility of each agency to test and determine fitness for duty levels of their respective recruit candidates. 3.13.5 While the COPT has established minimum standards, each department may establish higher standards based on the physical demands placed on officers within their respective jurisdiction. Agency heads, when establishing physical fitness standards for their agency are encouraged to familiarize themselves with Federal Legislation contained in Title VII of the Civil Rights act of 1964, and by the Civil Rights Act of 1991. This legislation requires that all employers of more than 15 employees must refrain from policies and procedures, which either expressly or effectively discriminates against specified categories of individuals except under limited circumstances. 3.14 No requirement of this section is to be interpreted as precluding any agency from establishing higher standards. In no case, however, may the department head or agency employ persons with qualifications below the minimums set forth in these regulations for the position of police officer. Higher standards are recommended whenever the availability of qualified applicants is available. 4.0 Notification of Employment Status 4.1 The Council required that the Administrator be notified by the Chief of Police, in writing, within 5 days of the employment or termination of any police officer under his/her command. (See Section IV. Forms) 5.0 Minimum Standards For Training 5.1 Police Basic Training Course 5.1.1 INTRO PARAGRAPH 5.1.2 In order for training to be accepted by Council on Police Training the training must be instructed by Certified Instructors as set forth in II-12. 5.1.2.1 Each applicant for the position of police officer in the State of Delaware must satisfactorily complete the Police Basic Training Course as prescribed in 11 Delaware Code §8405(a) (Amended 07/ 08/93) prior to being given or accepting an appointment as a police officer. 5.1.2.2 The Council on Police Training has certified six agencies as approved police basic training academies. Those agencies are: The Delaware State Police; New Castle County Police; Wilmington Department of Police; Newark Police Department; Dover Police Department; and Delaware River and Bay Authority Police Department. 5.1.2.3 As a condition of maintaining their status as an approved police basic training academy during the training period for applicants for certification as police officers, each school must conduct a 1. Physical Fitness Specialist Course and Certification; 2002, The Cooper Institute PROPOSED REGULATIONS minimum of one random drug-screening test on each such applicant. The cost of conducting one test for drug samples pursuant to this section for each applicant undergoing training, including confirmatory testing in the event of an initial positive finding, shall be paid by the Council. The drug screening must be conducted according to standards adopted by the agency conducting the school; these standards must include confirmatory testing as described above. 5.1.2.4 Any arrest for criminal and/or traffic offense, the Council on Police Training should be notified within 5 days. 5.1.2.5 Person must meet PT standards of the academy to which they will be attending. 5.2 Waiver of Equivalent Training – RECIPROCITY 5.2.1 The Council on Police Training may waive the requirement of attending an approved Delaware Police Training Academy for those officers seeking Delaware certification of training after having completed equivalent training out-of-state, and having met all training considered indigenous to Delaware. 5.2.2 The Chief of Police of the municipality seeking waiver of training obtained in Delaware must submit to Council an application for Exemption from Mandatory Training. (See Section IV. Forms) 5.2.3 The application must be completed in its entirety and submitted to the Administrator prior to appointment by the requesting agency. The officer must enclose a copy of the certificate of training from the police academy, which provided police basic training. The officer must also enclose a copy of the curriculum from that academy which must include: description of courses taught; hours assigned to each course; and, a brief synopsis of the material taught in each course. 5.2.4 The Administrator will examine the equivalent training records and make a comparison with the Delaware Mandatory Requirements. Any areas not meeting Delaware Standards will be required, prior to submission of the waiver application to Council for consideration 5.2.5 If an applicant has completed an out-of-state Academy but was not employed as a police officer for 5 years immediately following graduation, that applicant must attend a Delaware approved Academy in its entirety. If the Council should determine that the out-of-state training was in the main, deficient, it may deny the waiver in its totality and require attendance at an approved Delaware police training academy. 5.2.6 If an applicant, upon review of their training, needs to take more than 40% or 200 hours of training in the state of Delaware, then they must attend a Delaware approved Academy in its entirety. 5.3 Annual required training to maintain certification 5.3.1 Each police officer, certified by the Council, will be required to complete 16 hours of in-service career related training annually. 5.3.2 In addition to the above 16 hours, the officer must also recertify in C.P.R., AED, and First Responders recertification as noted in Section II-16. 6.0 Extension of Time Limit For Course Completion 6.1 The Council of Police Training may provide a modification from the application; application of any provision of this chapter or the Rules and Regulations promulgated hereunder, for any police officer of a municipality if: 6.1.1 The police officer is employed on a full-time basis, and; 6.1.2 The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted, and; 6.1.3 Application is made in writing to the Administrator of the Council on Police Training. 6.2 The Administrator will present the hardship application to the Council at the next regularly scheduled quarterly meeting. The Council will consider the request, debate its merits, and approve or deny the application by a majority vote of its members. 7.0 Power and Duties 7.1 The Council on Police Training, subject to 11 Delaware Code §8404, may: 7.1.1 Issue certification of completion of police officer training prescribed under this chapter; 7.1.2 Prescribe standards for in-service or continued training of police officers; 7.1.3 Establish minimum educational and training qualifications requisite to certification by the Council and permanent appointment as a police officer; 7.1.4 Establish recertification requirements for police officers who have previously been certified as having completed the training by Council, but have ceased to be employed on a permanent basis and have become classified as inactive. 7.1.5 Prescribe equipment and facility standards for academies and schools at which police training PROPOSED REGULATIONS courses shall be conducted, including but not limited to existing county or municipal schools; 7.1.6 Establish minimum training requirements, attendance requirements an