Delaware Register of Regulations Issue Date: March 1, 2007 IN THIS ISSUE: Regulations: Proposed Final Governor: Executive Orders Appointments General Notices Calendar of Events & Hearing Notices 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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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. INFORMATION ABOUT THE DELAWARE 1345 REGISTER OF REGULATIONS The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME April 1 March 15 4:30 p.m. May 1 April 16 4:30 p.m. June 1 May 15 4:30 p.m. July 1 June 15 4:30 p.m. August 1 July 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............................................................................................................................. ............ 1348 PROPOSED DELAWARE RIVER BASIN COMMISSION Proposed Amendments to the Comprehensive Plan and Water Code........................................ ............ 1356 DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations, Section 3.0, Officials ..................................... ............ 1358 DEPARTMENT OF EDUCATION Office of the Secretary 925 Children with Disabilities................................................................................................ ............ 1365 DEPARTMENT OF FINANCE Office of the State Lottery 450 Video Lottery Regulations.............................................................................................. ............ 1367 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Long Term Care Medicaid, DSSM 20320.7, Substantial Home Equity................................. ............ 1373 Division of Public Health 4469 Personal Assistance Services Agencies ..................................................................... ............ 1376 Division of Social Services DSSM: 3024 Citizens and Aliens, and 9007.1 Citizenship and Alien Status........................ ............ 1389 5302 Exceptions, and 5307 Dismissal of Requests....................................................... ............ 1396 9028 Reduction in Public Assistance Benefits, 9092 Simplified Food Stamp Program . ............ 1398 10007.3 Supportive Services Reimbursements............................................................. ............ 1401 DEPARTMENT OF INSURANCE 1407 Supplemental Health Insurance Coverage For Children Of Insureds ......................... ............ 1403 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Fish and Wildlife Management 3511 Summer Flounder Size Limits; Possession Limits; Season ........................................ ............ 1405 DEPARTMENT OF STATE Division of Professional Regulation 1400 Board of Electrical Examiners ..................................................................................... ............ 1407 2100 Board of Examiners in Optometry ............................................................................... ............ 1408 3800 Committee on Dietetics/Nutrition ................................................................................. ............ 1412 DEPARTMENT OF TRANSPORTATION Division of Transportation Solutions Utilities Manual Regulations ................................................................................................. ............ 1415 EXECUTIVE DEPARTMENT Delaware Economic Development Office 1151 Matching Grants Program; and 1152 Direct Grants Program ..................................... ............ 1415 FINAL DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations, Section 3.0, Officials...................................... ............ 1421 Section 5.0, Licenses...................................................................................................... ............ 1422 Section 8.0, Veterinary Practices, Equine Health Med................................................... ............ 1424 TABLE OF CONTENTS DEPARTMENT OF EDUCATION Office of the Secretary 101 Delaware Student Testing Program................................................................................ ............ 1425 247 Delaware Post Secondary Internship Program at The Washington Center (TWC)........ ............ 1430 885 Safe Management and Disposal of Chemicals in the Delaware Public School System. ............ 1432 1001 Participation in Extra Curricular Activities.................................................................... ............ 1433 Professional Standards Board 360 Certification Early Childhood Special Education Teacher, Repeal of............................. ............ 1434 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance DSSM 20330.4 Retirement Funds....................................................................................... ............ 1436 20350.4 Multiple Transfers....................................................................................... ............ 1439 Division of Social Services DSSM 2023 Disqualification Hearings .................................................................................. ............ 1441 DEPARTMENT OF SAFETY AND HOMELAND SECURITY 1300 Board of Examiners of Private Investigators and Private Security Agencies ............... ............ 1445 GOVERNOR Executive Order No. 95, Ordering a Cost, Benefit, and Policy Analysis of the Implementation of Toll Facility Bonding for the Completion of a Tolled Highway for US Route 301 by the Department of Transportation 1447 Executive Order No. 96, Reallocation Of State Private Activity Bond Volume Cap For Calendar Year 2006 And Initial Suballocation Of State Private Activity Bond Volume Cap For Calendar Year 2007.. ............ 1448 Appointments ................................................................................................................................. ............ 1450 GENERAL NOTICES DEPARTMENT OF INSURANCE, Captive Insurance Bulletin No. 1................................................. ............ 1455 DNREC, Concentration of Arsenic and Revision to the Remediation Standards Guidance ........... ............ 1455 CALENDAR OF EVENTS/HEARING NOTICES Delaware River Basin Commission, Notice of Proposed Rulemaking and Public Hearing............. ............ 1460 Dept. of Agriculture, Harness Racing Commission, Public Notice................................................... ............ 1461 Dept.of Education, Monthly Meeting and Notice of Public Hearing.................................................. ............ 1461 Dept. of Finance, State Lottery Office, Notice of Public Hearing ..................................................... ............ 1463 Dept. of Health and Social Services, Notice of Pubic Comment Periods Div. of Medicaid and Med. Assist., Long Term Care Medicaid ................................................... ............ 1463 Div. of Public Health, 4469 Personal Assistance Services Agencies .......................................... ............ 1464 Div. of Social Services, ............................................................................................................... ............ 1464 Dept. of Insurance, Notice of Public Hearing ................................................................................... ............ 1466 DNREC, Div. of Fish and Wildlife, Notice of Public Comment Period................................................ ............ 1466 Dept. of State, Div. of Professional Regulation, Notices of Public Hearings Board of Chiropractic and Board of Electrical Examiners..................................................... ............ 1467 Board of Pharmacy and Board of Nursing............................................................................. ............ 1468 Board of Examiners of Psychologists ................................................................................... ............ 1469 Dept. of Transportation, Div. of Transportation Solutions, Public Comment Period and Public Hearing Utilities Manual Regulations.................................................................................................. ............ 1469 Delaware Economic Development Office, Notice of Public Comment Period................................ ............ 1470 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). COUNCIL ON POLICE TRAINING Council on Police Training........................................................................................ ..... 10 DE Reg. 341 (Final) DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY 201 Delaware Manufactured Home Relocation Trust Fund Regulations ................. .....10 DE Reg. 928 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION 2006 Delaware State Fire Prevention Regulations................................................... ..... 10 DE Reg. 342 (Final) DEPARTMENT OF AGRICULTURE Delaware Agriculture Lands Preservation Foundation 1301 Regulations Governing the Delaware Agricultural Forestlands Preservation Program ...................................................................................................... ..... 10 DE Reg. 9 (Prop.) .............................................................................................................. ..... 10 DE Reg. 825 (Final) Delaware Forest Service 402 State Forest Regulations ............................................................................ ..... 10 DE Reg. 88 (Final) Harness Racing Commission 501 Harness Racing Rules and Regulations...................................................... ..... 10 DE Reg. 217 (Prop.) 10 DE Reg. 393 (Prop.) 10 DE Reg. 980 (Final) Sections 3.0, 5.0 and 8.0 10 DE Reg. 931 (Prop.) 502 Delaware Standardbred Breeders Fund Regulations................................. .....10 DE Reg. 982 (Final) Nutrient Management Commission 1201 Nutrient Management Certification Regulations ...... ...... ....................... .....10 DE Reg. 411 (Prop.) 10 DE Reg. 1098(Prop.) 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulation............................................................................................. ..... 10 DE Reg. 411 (Prop.) Pesticides Management 601 Pesticide Rules and Regulations................................................................. ..... 10 DE Reg. 236 (Prop.) 10 DE Reg. 833 (Final)10 DE Reg. 1300 (Final) Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations.......................................... ..... 10 DE Reg. 27 (Prop.) 10 DE Reg. 546 (Final) 10 DE Reg. 1086(Prop.) DEPARTMENT OF EDUCATION Office of the Secretary 101 Delaware Student Testing Program............................................................. ..... 10 DE Reg. 245 (Prop.) 10 DE Reg. 676 (Final) 10 DE Reg. 1103 (Prop.) 103 Accountability for Schools, Districts and the State...................................... ..... 10 DE Reg. 89 (Final) 201 District and School Shared Decision Making............................................... ..... 10 DE Reg. 1140 (Final) 201 School Shared Decision Making Transition Planning Grants; 205 District Shared Decision Making Transition Planning Grants; 210 Approval of School Improvement Grants........................................................................ ..... 10 DE Reg. 773 (Prop.) 10 DE Reg. 1140 (Final) CUMULATIVE TABLES 247 Delaware Post Secondary Internship Program at the Washington Center (TWC) for Interships and Academic Seminars............................................ ......10 DE Reg. 779 (Prop.) 10 DE Reg. 1142 (Final) 284 Licensure and Certification of Public Education Employees in the Departmment............................................................................................... ......10 DE Reg. 600 (Prop.) 10 DE Reg. 983 (Final) 290 Approval of Teacher Education Programs.................................................. ......10 DE Reg. 835 (Final) 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education.................................................................................................... ......10 DE Reg. 850 (Final) 314 Certification Administrative Principal or Assistant Principal Administrator of Adult and Adult Alternative Education ....................................................... ......10 DE Reg. 613 (Prop.) (Repealed).................................................................................................. ......10 DE Reg. 984 (Final) 320 Certification Adult Education Teacher ........................................................ ......10 DE Reg. 613 (Prop.) (Repealed).................................................................................................. ......10 DE Reg. 984 (Final 371 Certification Teacher of the Hearing Impaired............................................ ......10 DE Reg. 781 (Prop.) 372 Certification Administrative Support Personnel (Formerly Secretarial Personnel)................................................................................................... ......10 DE Reg. 785 (Prop.) ............................................................................................................. ......10 DE Reg. 1143 (Final) 398 Degree Granting Institutions of Higher Education ..................................... ......10 DE Reg. 417 (Prop.) 399 Approval of Teacher Education Programs ................................................. ......10 DE Reg. 428 (Prop.) 502 Alignment of Local School District Curricula to the State Content Standards...10 DE Reg. 344 (Final) 10 DE Reg. 1202(Prop.) 503 Instructional Program Requirements ......................................................... ......10 DE Reg. 615 (Prop.) ............................................................................................................. ......10 DE Reg. 985 (Final) 505 High School Graduation Requirements and Diplomas............................... ......10 DE Reg. 30 (Prop.) ............................................................................................................. ......10 DE Reg. 547 (Final) 540 Driver Education......................................................................................... ......10 DE Reg. 1205(Prop.) 745 Criminal Background Check for Public School Related Employment......... ......10 DE Reg. 253 (Prop.) 10 DE Reg. 684 (Final) 885 Safe Management and Disposal of Chemicals in the Delaware Public School System ........................................................................................... ......10 DE Reg. 952 (Prop.) 910 Delaware General Educational Development (GED) Endorsement ......... ......10 DE Reg. 442 (Prop.) 10 DE Reg. 862 (Final) 915 James H. Groves High School................................................................... ......10 DE Reg. 617 (Prop.) 10 DE Reg. 988 (Final) 1001 Participation in Extra Curricular Activities................................................. ......10 DE Reg. 1112 (Prop.) 1103 Standards for School Bus Chassis and Bodies for Buses Placed in Production on or after January 1, 2007....................................................... ......10 DE Reg. 258 (Prop.) 10 DE Reg. 690 (Final) Professional Standards Board 360 Certification Early Childhood Special Education Teacher........................... ......10 DE Reg. 1114 (Prop.) 1501 Knowledge, Skills and Responsibility Based Salary Supllements for Educators.............................................................................................. ......10 DE Reg. 1208(Prop.) 1511 Issuance and Renewal of Continuing License.......................................... ......10 DE Reg. 97 (Final) 1516 Standard Certificate.................................................................................. ......10 DE Reg. 1213(Prop.) 1521 Standard Certificate Agriculture Teacher.................................................. ......10 DE Reg. 100 (Final) 1522 Standard Certificate Business Education Teacher.................................... ......10 DE Reg. 100 (Final) 1525 Standard Certificate English Teacher........................................................ ......10 DE Reg. 100 (Final) 1526 Standard Certificate English to Speakers of Other Languages................. ......10 DE Reg. 34 (Prop.) 10 DE Reg. 208(Errata) 10 DE Reg. 388(Errata) 10 DE Reg. 995 (Final) 1527 Endorsement English to Speakers of Other Languages (ESOL) Teacher 10 DE Reg. 38 (Prop.) (Repealed).................................................................................................. ......10 DE Reg. 999 (Final) 1528 Standard Certificate World Language Teacher Comprehensive............... ......10 DE Reg. 100 (Final) CUMULATIVE TABLES 1534 Standard Certificate Mathematics Teacher Secondary.............................. ..... 10 DE Reg. 100 (Final) 1537 Standard Certificate Bilingual Teacher K to 12 ......................................... ..... 10 DE Reg. 39 (Prop.) 10 DE Reg. 693 (Final) 1539 Standard Certificate Social Studies Teacher Secondary........................... ..... 10 DE Reg. 100 (Final) 1540 Standard Certificate Science Teacher Secondary..................................... ..... 10 DE Reg. 100 (Final) 1541 Standard Certificate Mathematics Teacher Middle Level........................... ..... 10 DE Reg. 100 (Final) 1542 Standard Certificate Science Teacher Middle Level.................................. ..... 10 DE Reg. 100 (Final) 1543 Standard Certificate Art Teacher Comprehensive..................................... ..... 10 DE Reg. 100 (Final) 1548 Standard Certificate Music Teacher Comprehensive................................. ..... 10 DE Reg. 100 (Final) 1551 Standard Certificate Physical Education Teacher Comprehensive............ ..... 10 DE Reg. 100 (Final) 1554 Standard Certificate Reading Specialist.................................................... ..... 10 DE Reg. 100 (Final) 1556 Standard Certificate Elementary Teacher (Grades K-6)............................ ..... 10 DE Reg. 100 (Final) 1558 Standard Certificate Bilingual Teacher (Spanish) Primary and Middle...... ..... 10 DE Reg. 44 (Prop.) 10 DE Reg. 695 (Final) 1561 Standard Certificate Teacher Exceptional Children Special Education Elementary, Repeal...................................................................................... ..... 10 DE Reg. 788 (Prop.) 1562 Standard Certificate Teacher Exceptional Children Special Education Secondary.................................................................................................... ..... 10 DE Reg. 790 (Prop.) 1570 Standard Certificate Early Childhood Teacher Special Education ............ ..... 10 DE Reg. 45 (Prop.) 10 DE Reg. 211(Errata) 10 DE Reg. 696 (Final) 1572 Standard Certificate Teacher of Students Who Are Deaf or Hard of Hearing.10 DE Reg. 1144 (Final) 1579 Standard Certificate Teacher of the Visually Impaired .............................. .....10 DE Reg. 623(Prop.) 10 DE Reg. 1147 (Final) DEPARTMENT OF FINANCE Division of Revenue Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs............................................................................................ ..... 10 DE Reg. 1502(Prop.) 10 DE Reg. 699 (Final) 301Publication of Tax Information...................................................................... ..... 10 DE Reg. 794 (Prop.) 10 DE Reg. 1116 (Prop.) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Long Term Care Residents Protection Nursing Home Survey Process.......................................................................... ..... 10 DE Reg. 6 (Emer.) Division of Medicaid and Medical Assistance Assisted Living Medicaid 1915(c) Waiver .......................................................... .....10 DE Reg. 56 (Prop.) .............................................................................................................. ..... 10 DE Reg. 1001 (Final) Attendant Services Program ............................................................................. ..... 10 DE Reg. 954 (Prop.) Section 1515(c)..................................................................................... ..... 10 DE Reg. 1301(Final) Diamond State Health Plan 1115 Demonstration Waiver .................................. ..... 10 DE Reg. 55 (Prop.) 10 DE Reg. 549 (Final) Title XIX Medicaid State Plan, Supplement 3 to Attachment 2.6-A, Pg. 1, Reasonable Limits on Amounts for Necessary Medical or Remedial Care Not Covered Under Medicaid....................................................................... ..... 10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) Title XIX, Transfer of Assets for Less Than Fair Market Value Made on or After February 8, 2006.......................................................................................... ..... 10 DE Reg. 955 (Prop.) Title XXI Delaware Healthy Children State Program ......................................... ..... 10 DE Reg. 444 (Prop.) 10 DE Reg. 865 (Final) DSSM: 20310 Long Term Care Medicaid ................................................................ .....10 DE Reg. 553 (Final) 20320 Ownership of Real Property by Institutionalized Individuals, and 20330.3 Promissory Notes, Loans and Property Agreements.............. ..... 10 DE Reg.1216 (Prop.) CUMULATIVE TABLES 20330.4, Retirement Funds......................................................................... ......10 DE Reg. 795 (Prop.) 20330.4.1, Annuities................................................................................... ......10 DE Reg. 798 (Prop.) 20330.7 U.S. Savings Bonds................................................................ ..... 10 DE Reg.1219 (Prop.) 20350 Transfer of Assets ........................................................................... ......10 DE Reg. 955 (Prop.) 20350.4, Multiple Transfers......................................................................... ......10 DE Reg. 1117 (Prop.) 20350.10, Long Term Care Medicaid, Exceptions to the Transfer of Assets ....10 DE Reg. 50 (Prop.) ............................................................................................................. ......10 DE Reg. 558 (Final) 20400.5 Irrevocable Trusts......................................................................... ......10 DE Reg. 955 (Prop.) 20400.9.1.1 Treatment of Special Needs Trusts........................................ ......10 DE Reg. 965 (Prop.) 10 DE Reg. 1302 (Final) 20910.1 Long Term Care, Institutionalized Spouse ................................... ......10 DE Reg. 701 (Final) 10 DE Reg.1220(Prop.) 20950 Initial Eligibility Determinations......................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) 20970 Fair Hearings.................................................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 702 (Final) 30000 Delaware Prescription Assistance Program .................................... ......10 DE Reg. 446 (Prop.) 10 DE Reg. 866 (Final) 50100 Services Provided by the Chronic Renal Disease Program............. ......10 DE Reg. 347 (Final) Division of Puplic Health 4104 Conrad State 30/J-1 Visa Waiver Program............................................... ......10 DE Reg.1221(Prop.) Division of Social Services DSSM: 3000 Temporary Assistance for Needy Families (TANF)............................ ......10 DE Reg. 286 (Prop.) 3001 Definitions.......................................................................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3006 TANF Employment and Training Program......................................... ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3008 Eligibility of Certain Minors................................................................. ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3012 School Attendance............................................................................ ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 3031 Work for Your Welfare........................................................................ ......10 DE Reg. 283 (Prop.) 10 DE Reg. 706 (Final) 9013.1 Household Definition ...................................................................... ......10 DE Reg. 626 (Prop.) 10 DE Reg. 1003 (Final) 9085 Reporting Changes ........................................................................... ......10 DE Reg. 57 (Prop.) 10 DE Reg. 560 (Final) 11000 Child Care Subsidy Program............................................................ ......10 DE Reg. 447 (Prop.) 10 DE Reg. 564 (Final) 10 DE Reg. 1007 (Final) 15120 Financial Eligibility............................................................................ ......10 DE Reg. 143 (Final) 16230.1.2 Self-Employment Income........................................................... ......10 DE Reg. 143 (Final) 17300.3.2 Self-Employment Income........................................................... ......10 DE Reg. 143 (Final) 20210.16 Self Employment ........................................................................ ......10 DE Reg. 143 (Final) 20400.9.1.1 Treatment of Special Needs Trusts......................................... ......10 DE Reg. 1302 (Final 20620.2 Necessary Medical Care Expenses.............................................. ......10 DE Reg. 52 (Prop.) 10 DE Reg. 703 (Final) 20995.1 Post-Eligibility Deductions............................................................. ......10 DE Reg. 52 (Prop.) ............................................................................................................. ......10 DE Reg. 703 (Final) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants ................................................................................................ ......10 DE Reg. 60 (Prop.) 10 DE Reg. 734 (Final) 608 Automobile Insurance Coverage................................................................ ......10 DE Reg. 1232(Prop.) CUMULATIVE TABLES 610 Automobile Premium Consumer Comparison ................................................... ..... 10 DE Reg. 62 (Prop.) 10 DE Reg. 566 (Final) 704 Homeowners Premium Consumer Comparison ............................................... ..... 10 DE Reg. 967 (Prop.) 10 DE Reg. 1304 (Final) 1215 Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities.............................................................................................. ..... 10 DE Reg. 968 (Prop.) 301 Arbitration of Health Insurance Claims and Internal Review Process of Medical Insurance Carriers ........................................................................... ..... 10 DE Reg.1180(Emer.) 1215 Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities............................................................................. ..... 10 DE Reg.1306 (Final) 1301 Arbitration of Health Insurance Claims and Internal Review Process of Medical Insurance Carriers ......................................................................... ..... 10 DE Reg.1233 (Prop.) 1403 Health Maintenance Organizations [Formerly Regulation 58] ................. ...... 10 DE Reg.1190(Emer.) .............................................................................................................. ..... 10 DE Reg.1249 (Prop.) 1501 Medicare Supplement Insurance Minimum Standards.................................... ..... 10 DE Reg. 802 (Prop.) 10 DE Reg.1307 (Final) DEPARTMENT OF JUSTICE Division of Fraud and Consumer Protection Debt Management Services............................................................................... ..... 10 DE Reg. 804 (Prop.) 10 DE Reg.1308 (Final) Identity Theft Passports...................................................................................... ..... 10 DE Reg. 811 (Prop.) .............................................................................................................. ..... 10 DE Reg. 1151(Final) DEPARTMENT OF LABOR Division of Employment and Training 106 Apprenticeship and Training Regulations ................................................... .....10 DE Reg. 64 (Prop.) (to be transferred to the Division of Industrial Affairs).................................. ..... 10 DE Reg. 458 (Prop.) Division of Industrial Affairs 106 Apprenticeship and Training Regulations ................................................... .....10 DE Reg. 1021(Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Office of the Secretary 106 Environmental Standards for Eligible Energy Resources .....10 DE Reg. 350 (Final) Division of Air and Waste Management 1113 Open Burning............................................................................................. ..... 10 DE Reg. 1118 (Prop.) 1124 Control of Volatile Organic Compound Emissions, Section 46.................. ..... 10 DE Reg. 813 (Prop.) .............................................................................................................. ..... 10 DE Reg. 867 (Final) 1141 Limiting Emissions of VOC from Consumer and Commercial Products . ..... 10 DE Reg. 465 (Prop.) .............................................................................................................. ..... 10 DE Reg. 868 (Final) 1142 Specific Emission Control Requirements, Section 2.0 Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries..................................................................................................... ..... 10 DE Reg.1280 (Prop.) 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulations..................... .....10 DE Reg. 508 (Prop.) .............................................................................................................. ..... 10 DE Reg.1022 (Final) 1302 Regulations Governing Hazardous Waste................................................ ..... 10 DE Reg. 353 (Final) Division of Fish and Wildlife 3200 Horseshoe Crabs (3203, 3207, 3210, 3211 and 3214; 3215)................... ..... 10 DE Reg. 519 (Prop.) .............................................................................................................. ..... 10 DE Reg.1029 (Final) 3536 Fish Pot Requirements (Formerly Tidal Finfish Reg. 24)........................... ..... 10 DE Reg. 629 (Prop.) .............................................................................................................. ..... 10 DE Reg.1035 (Final) 3581 Spiny Dogfish; Closure of Fishery (Formerly Tidal Finfish Reg. 27).......... ..... 10 DE Reg.1285(Prop.) 3700 Shellfish Regulations (3711, 3712 and 3755) ........................................... .....10 DE Reg. 522 (Prop.) .............................................................................................................. ..... 10 DE Reg.1034 (Final) CUMULATIVE TABLES Division of Soil and Water Conservation 5101 Sediment and Stormwater Regulations (Exempt from A.P.A.) ................. ......10 DE Reg. 735 (Final) 5102 Regulation Governing Beach Protection and the Use of Beaches........... ......10 DE Reg. 870 (Final) Division of Water Resources 7402 Shellfish Sanitation Regulations.............................................................. ......10 DE Reg. 145 (Final) Watershed Assessment Section Total Maximum Daily Loads (TMDLs) 7412 Chester River Watershed................................................................... ......10 DE Reg. 1041 (Final) 7413 Choptank River Watershed................................................................ ......10 DE Reg. 1041 (Final) 7414 Marshyhope Creek Watershed.......................................................... ......10 DE Reg. 1041 (Final) 7415 Pocomoke River Watershed.............................................................. ......10 DE Reg. 1041 (Final) 7416 Army Creek Watershed...................................................................... ......10 DE Reg. 305(Prop.) 10 DE Reg. 1042 (Final) 7417 Blackbird Creek Watershed............................................................... ......10 DE Reg. 1037 (Final) 7418 Broadkill River Watershed.................................................................. ......10 DE Reg. 1038 (Final) 7419 Cedar Creek Watershed..................................................................... ......10 DE Reg. 1038 (Final) 7420 Dragon Run Creek Watershed........................................................... ......10 DE Reg. 305 (Prop.) 10 DE Reg. 1042 (Final) 7421 Leipsic River Watershed.................................................................... ......10 DE Reg. 1037 (Final) 7422 Little Creek Watershed....................................................................... ......10 DE Reg. 1037 (Final) 7423 Mispillion River Watershed................................................................. ......10 DE Reg. 1038 (Final) 7424 Red Lion Creek Watershed................................................................ ......10 DE Reg. 305 (Prop.) 10 DE Reg. 1042 (Final) 7425 Smyrna River Watershed................................................................... ......10 DE Reg. 1037 (Final) 7426 St. Jones River Watershed................................................................ ......10 DE Reg. 1037 (Final) 7427 Appoquinimink River Watershed, Bacteria for, (formerly 7403)......... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1039 (Final) 7428 Murderkill River Watershed................................................................ ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) 7429 Inland Bays Drainage Basin ................................................. ...... .... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) 7430 Chesapeake Bay Drainage Basin...................................................... ......10 DE Reg. 524 (Prop.) 10 DE Reg. 1041 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies 1300 Board of Examiners of Private Investigators and Private Security Agencies .10 DE Reg. 971 (Prop.) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 101 Day Care Centers....................................................................................... ......10 DE Reg. 308 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 200 Board of Landscape Architects................................................................... ......10 DE Reg. 1124(Prop.) 500 Board of Podiatry........................................................................................ ......10 DE Reg. 309 (Prop.) 10 DE Reg. 1153 (Final) 700 Board of Chiropractic.......................................... ...... .......................... ......10 DE Reg. 146 (Final) 10 DE Reg. 1126(Prop.) 1400 Board of Electrical Examiners .................................................................. ......10 DE Reg. 631(Prop.) 10 DE Reg. 1329 (Final) 1770 Respiratory Care Advisory Council........................................................... ......10 DE Reg. 354 (Final) 1800 Board of Plumbing Examiners ................................................................. ......10 DE Reg. 65 (Prop.) 1900 Board of Nursing....................................................................................... ......10 DE Reg. 1127(Prop.) 2000 Delaware Board of Occupational Therapy................................................ ......10 DE Reg. 1286(Prop.) CUMULATIVE TABLES 2500 Board of Pharmacy.................................................................................... ..... 10 DE Reg. 311 (Prop.) Section 8.0, Requirements for Obtaining a Permit to Distribute Drugs on a Wholesale Basis........................................................................... .....10 DE Reg. 972 (Prop.) Section 9.0, Hospital Pharmacy................................................................... ..... 10 DE Reg. 821 (Prop.) 2600 Examining Board of Physical Therapists................................................... ..... 10 DE Reg. 318 (Prop.) 10 DE Reg. 741 (Final) 2700 Board of Professional Landy Surveyors.................................................... ..... 10 DE Reg. 1290(Prop.) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals ......................................................................... ..... 10 DE Reg. 67 (Prop.) Section 6.0, Renewal of Licensure.............................................................. ..... 10 DE Reg. 871 (Final) Sections 1.0 through 9.0, Reorganized and Renumbered........................... ..... 10 DE Reg. 872 (Final) 3100 Delaware Board of Funeral Services ........................................................ ..... 10 DE Reg. 528 (Prop.) .............................................................................................................. ..... 10 DE Reg. 1154 (Final) 3300 Board of Veterinary Medicine ................................................................... ..... 10 DE Reg. 531 (Prop.) 10 DE Reg. 884 (Final) 10 DE Reg. 1137(Prop.) 3500 Board of Examiners of Psychologists, Sections 5.0 and 10.0................... ..... 10 DE Reg. 1295(Prop.) 3600 Board of Registration of Geologists.......................................................... .....10 DE Reg. 68 (Prop.) 10 DE Reg. 567 (Final) 3900 Board of Clinical Social Work Examiners.................................................. ..... 10 DE Reg. 323 (Prop.) .............................................................................................................. ..... 10 DE Reg. 886 (Final) 4400 Delaware Manufactured Home Installation Board..................................... ..... 10 DE Reg. 331 (Prop.) 10 DE Reg. 634 (Prop.) 10 DE Reg. 1156 (Final) 5300 State Board of Massage and Bodywork ................................................... ..... 10 DE Reg. 71 (Prop.) 10 DE Reg. 575 (Final) Office of the State Bank Commissioner 1101 Election to be Treated for Tax Purposes as a "Subsidiary Corporation" of a DE Chartered Banking Organization or Trust Company, National Bank having its Principle Office in Delaware, or Out-of-State Bank that Operates Resulting Branch in Delaware ..................................................................................... ..... 10 DE Reg. 643 (Prop.) 1109 Instructions for Calculation of Employment Tax Credits ........................... ..... 10 DE Reg. 643 (Prop.) 1113 Election by a Subsidiary Corporation of a Banking Organization or Trust Company to be Taxed in Accordance with Chapter 19 of Title 30 .............. ..... 10 DE Reg. 643 (Prop.) 1114 Alternative Franchise Tax .......................................................................... ..... 10 DE Reg. 643 (Prop.) Public Service Commission Regulation Docket No. 49, Creation of a Competitive Market for Retail Electric Supply Service ..................................................................... ..... 10 DE Reg. 664 (Prop.) .............................................................................................................. ..... 10 DE Reg. 1160 (Final) Regulation Docket No. 50, Proposed Adoption of “Electric Service Reliability and Quality Standards” ...................................................................................... ..... 10 DE Reg. 74 (Prop.) .............................................................................................................. ..... 10 DE Reg. 576 (Final) Regulation Docket No. 56, Proposed Adoption of “Rules to Implement Renewable Energy Portfolio Standards”...................................................... ..... 10 DE Reg. 151 (Final) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy Development Related Improvements Requiring New Rights-of-Way................. ..... 10 DE Reg. 892 (Final) Utilities Manual Regulations......................................................................... ..... 10 DE Reg. 1139(Prop.) Office of Motor Fuel Tax Administration 2401 Regulations for the Office of Retail Gasoline Sales.................................. ..... 10 DE Reg. 542 (Prop.) CUMULATIVE TABLES GOVERNOR’S OFFICE Executive Orders: Executive Order No. 87, Establishing The State Employees’ Charitable Campaign ................................................................................................... ......10 DE Reg. 158 Executive Order No. 88, Recognizing and Establishing the Delaware Science and Technology Council 10 DE Reg. 366 Executive Order No. 89,Creating the Governor’s Consortium on Hispanic Issues 10 DE Reg. 578 Executive Order No. 90, Establishing The Recycling Public Advisory Council 10 DE Reg. 903 Executive Order No. 91, Amending Executive Order No. 84............................. ......10 DE Reg. 1067 Executive Order No. 92, Authorizing The Establishment Of A Special Fund To Assist Any Delaware National Guard Member Or Delaware-Based Reservist Who May Be Ordered To Active Duty......................................................... ......10 DE Reg. 1067 Executive Order No. 93, Amendment to Executive Order Number Eighty-Eight Regarding the Delaware Science and Technology Council........................ ......10 DE Reg. 1162 Executive Order No. 94 Declaring Tuesday, January 2, 2007 A Legal Holiday In Remembrance of Former President Gerald R. Ford .............................. ......10 DE Reg. 1331 Governor’s Office Appointments and Nominations......................................................................... ......10 DE Reg. 368 10 DE Reg. 905 10 DE Reg.1332 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. DELAWARE RIVER BASIN COMMISSION PUBLIC NOTICE Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin Reservoirs The Delaware River Basin Commission (DRBC or "Commission") is a federal-interstate compact agency charged with managing the water resources of the basin without regard to political boundaries. Its commissioners are the governors of the four basin states - Delaware, New Jersey, New York, and Pennsylvania - and a federal representative appointed by the President of the United States. The Commission is not subject to the requirements of 29 Delaware Code Chapter 101. This notice is published by the Commission for informational purposes. Proposed Amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan for Operation of the New York City Delaware Basin Reservoirs Summary: The Delaware River Basin Commission (Commission) will hold a public hearing and accept written comment on a proposal to amend the agency's Comprehensive Plan and Water Code to establish a Flexible Flow Management Program (FFMP) for the New York City Delaware Basin Reservoirs ("City Delaware Reservoirs") for multiple objectives, including, among others, (a) water supply and drought mitigation; (b) management of the reservoir tailwater fisheries and other habitat needs, and (c) spill mitigation. The current reservoir releases program, which was established by Resolution No. 2004-3 in April of 2004, will expire on May 31, 2007. The current spill mitigation program, established by Resolution No. 2006-18, also will expire on May 31, 2007. The Commission also will accept comment on alternative reservoir management strategies that may be adopted in the event that consensus on the proposed FFMP is not reached. The alternative reservoir releases options to be considered are (1) extending the current reservoir releases program or (2) reinstating a previous drought operating plan. Either option would be considered in combination with a seasonal spill mitigation program or an annual spill mitigation program for the three reservoirs. The releases program adopted in the event consensus is not reached on the FFMP would continue in effect until any expiration date contained in the program adopted or unless and until replaced by another program that has been approved by the Commission following a notice and comment rulemaking process. In accordance with Section 3.3 of the Delaware River Basin Compact, PROPOSED REGULATIONS any program affecting the diversions, compensating releases, rights, conditions, and obligations of the 1954 Supreme Court Decree in the matter of New Jersey v. New York, 347 U.S. 995, 74 S. Ct. 842 requires the unanimous consent of the decree parties, which include the states of Delaware, New Jersey and New York, the Commonwealth of Pennsylvania, and the City of New York. Background. The flow management objectives considered by the Supreme Court Decree of 1954 - water supply and drought - were far narrower than the diverse objectives that have emerged in the decades since. Today, the finite waters of the Delaware and the limited storage available in the basin are being managed for multiple purposes, including among others, water supply, drought mitigation, flood mitigation, and habitat protection in the tailwaters fishery, the mainstem and the estuary. In accordance with the Delaware River Basin Compact, a statute concurrently enacted in 1961 by the U.S. Government and the four basin states - Delaware, New Jersey, New York and Pennsylvania - the Delaware River Basin Commission may modify diversions, releases, rights, conditions and obligations established by the decree, provided that the decree parties unanimously consent to such modifications. The Commission and decree parties have made use of this authority to provide flexibility to respond to fluctuating hydrologic conditions and evolving priorities throughout the Commission's history. In 1983, in accordance with an agreement among the parties known as the "Good Faith Agreement," a reservoir release regime was established on a permanent basis to supplement the provisions of the decree for the limited purpose of protecting and enhancing the tailwaters fishery. Since the adoption of this regime in the form of a docket (similar to a permit) issued to the New York State Department of Environmental Conservation - Docket D-77-20 CP (Revised) - the "fishery management program" as the plan is sometimes called, has been modified repeatedly by the Commission with the unanimous consent of the decree parties. Resolution No. 2004-3, approving Docket D-77-20 CP (Revision 7), established the three-year interim program that is set to expire on May 31, 2007. A series of temporary spill mitigation programs also have been established, the latest in the form of Docket D-77-20 CP (Revision 9), approved by DRBC Resolution No. 2006-18 in September 2006. Unlike the experimental programs instituted by the Commission in the past, the FFMP is intended to provide a comprehensive framework for addressing multiple flow management objectives, including water supply, drought mitigation, protection of the tailwaters fishery, a diverse array of habitat protection needs in the mainstem, estuary and bay, flood mitigation, recreational goals and salinity repulsion. Some of the flow needs identified by the parties have not yet been defined sufficiently for the development of detailed plans. These include protection of the dwarf wedgemussel, a federal and state-listed endangered species present in the mainstem, oyster production in Delaware Bay, and protection of warm-water and migratory fisheries in the lower basin. Incremental and periodic adjustments are expected to be made to the FFMP for these purposes, based upon ongoing monitoring, scientific investigation, and periodic re-evaluation of program elements. A central feature of the reservoir release programs implemented to date for management of the tailwaters fishery has been the use of reservoir storage "banks" to be used for narrowly defined purposes under specific hydrologic and temperature conditions and at specified times of the year. These are applied in conjunction with a set of fixed seasonal flow targets. The system requires complex daily flow and temperature modeling as a component of determining the releases, and as a result, the program is difficult and costly to administer. The current approach also lacks the seasonal fluctuations characteristic of a natural flow regime. The FFMP would largely eliminate the use of banks and would base releases instead on reservoir storage levels, resulting in larger releases when water is abundant and smaller releases when storage is at or below normal. The result would more closely approximate a natural flow regime. In addition, the FFMP would provide for more gradual transitions (or "ramping") from higher to lower releases and vice versa than the current regime. The FFMP would include a spill mitigation component similar to but potentially more aggressive than the temporary programs implemented in the past. The storage represented by snowpack water content would continue to be considered. Hydrologic modeling and habitat assessments are being undertaken to evaluate the sustainable benefits of the FFMP for the tailwaters fishery and for spill mitigation. In addition, an evaluation is being made of the potential benefits and costs of increasing storage in one or more of the City Delaware Reservoirs that may improve the capacity of the system to meet the full range of flow objectives. If consensus among the decree parties and DRBC commissioners cannot be reached on details of the FFMP in time to approve and initiate implementation of the plan by June 1, 2007, the parties intend to continue to work at refining and improving the FFMP until such a consensus can be reached. The Commission will conduct a separate notice and comment rulemaking process on the proposed program at that time. Under such circumstances, for an interim period, the parties will consider extending the current fisheries management program PROPOSED REGULATIONS or reinstating a previous regime. In either case, the releases program will be considered in combination with a spill mitigation plan. The proposed FFMP in its entirety will be posted on the website of the Delaware River Basin Commission, www.drbc.net, on Tuesday, February 20, 2007. Dates: Two public hearings on the proposal will be conducted at 2:30 p.m. and 6:30 p.m. respectively on Tuesday, March 27, 2007 at the Lake Wallenpaupack Environmental Learning Center in Hawley, Pa. Written comments will be accepted through April 6, 2007. To allow sufficient time for consideration by the Commission, comments must be received, not merely postmarked, by that date. In addition, three informational meetings will be held on the proposal. The first will take place during the morning conference session of the Commission's regularly scheduled meeting on Wednesday, February 28, 2007 at the DRBC office building in West Trenton, N.J. The second will take place during a meeting of the Commission's Regulated Flow Advisory Committee (RFAC), which will take place at 10:00 a.m. on Tuesday, March 6, 2007 at the Commission's office building in West Trenton, N.J. The third informational meeting will take place at 1:00 p.m. on Tuesday, March 27, 2007, immediately prior to the first public hearing on the proposal, scheduled for that date at the Lake Wallenpaupack Environmental Learning Center in Hawley, Pa. Addresses. Directions to the Commission's office building, located at 25 State Police Drive in West Trenton, N.J., are available on the DRBC website at www.drbc.net. Please do not rely upon MapQuest or other Internet mapping services for directions to the DRBC, as they do not provide accurate directions to this location. Directions to the Lake Wallenpaupack Environmental Learning Center are available at http://www.pplweb.com/ lake+wallenpaupack/ contacts+and+directions/get+directions.htm and also will be posted on the DRBC website, www.drbc.net, by February 20, 2007. Written comments must include the name, address and affiliation of the commenter. Comments may be submitted by email to paula.schmitt@drbc.state.nj.us; by U.S. Mail to: Commission Secretary, DRBC, P.O. Box 7360, West Trenton, N.J. 08628-0360; and by fax to Attn: Commission Secretary at 609-883-9522. In all cases, the subject line, "Comment on Flexible Flow Management Plan for City Delaware Reservoirs" should be included. Further Information, Contacts: The text of the proposed FFMP in its entirety will be posted on the website of the Delaware River Basin Commission, www.drbc.net, on Tuesday, February 20, 2007 and will remain posted through May 10, 2007. Please contact Pamela M. Bush, Esquire, Commission Secretary and Asst. General Counsel at 609-883-9500 ext. 203 with questions about the proposed rule change or the rulemaking process. Pamela M. Bush, Esquire Commission Secretary and Assistant General Counsel February 12, 2007 DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005) 3 DE Admin. Code 501 PUBLIC NOTICE The Delaware Harness Racing Commission (DHRC), pursuant to 3 Del.C. §10005, proposes to change DHRC Rule 3. The Commission will hold a public hearing on the proposed rule changes on April 10, 2007. Written comments should be sent to Hugh J. Gallagher, Administrator of Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. The proposed changes are for the purpose of updating the rules to reflect current policies, practices and procedures. For example, Rule 3.4 updates the responsibilities of the Paddock Judge. PROPOSED REGULATIONS 501 Harness Racing Rules and Regulations (Break in Continuity of Sections) 3.0 Officials 3.1 General Provisions 3.1.1 Racing Officials Officials at a race meeting may include the following, as determined by the Commission: 3.1.1.1 State Steward; 3.1.1.2 Board of judges; 3.1.1.3 racing secretary; 3.1.1.4 paddock judge; 3.1.1.5 horse identifier and equipment checker; 3.1.1.6 clerk of the course; 3.1.1.7 official starter; 3.1.1.8 official charter; 3.1.1.9 official timer; 3.1.1.10 photo finish technician; 3.1.1.11 patrol judge; 3.1.1.12 program director; 3.1.1.13 Commission veterinarian; 3.1.1.14 Bleeder Medication veterinarian; 3.1.1.15 Investigator; and 3.1.1.16 Administrator of Racing 3.1.1.17 any other person designated by the Commission. 3.1.2 Eligibility To qualify as a racing official the appointee must be licensed by the Commission after a determination that he/she: 3.1.2.1 is of good moral character and reputation; 3.1.2.2 is experienced in and/or knowledgeable of harness racing; 3.1.2.3 is familiar with the duties to which he/she is appointed and with the Commission's rules and regulations; 3.1.2.4 possesses the mental and physical capacity to perform his/her duties; and 3.1.2.5 is not under suspension or ejection by the U.S.T.A., the C.T.A. or any racing jurisdiction. 3.1.3 Approval and Licensing The Commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing. 3.1.4 Prohibited Practices Racing officials and their assistants shall not engage in any of the following activities while serving in an official capacity at a race meeting: 3.1.4.1 participate in the sale or purchase, or own any horse racing at the meeting; 3.1.4.2 sell or solicit horse insurance on any horse racing at the meeting; 3.1.4.3 be licensed in any other capacity without permission of the Commission; 3.1.4.4 wager on the outcome of any live or simulcast race; 3.1.4.5 refuse to take a breath analyzer test or submit to a blood or urine sample when directed by the Commission or its designee; or 3.1.4.6 perform their official duties on any day during which any horse entered in any live race at the association grounds is owned or trained, in whole or in part, directly or indirectly, or is driven by any parent, child or sibling of such official, or participate in the draw for any such race; provided, however, that a parent, child or sibling of an official acting solely as a groom for such a horse shall not be deemed to pose a conflict of interest for the official; provided further, that should any such conflict described above arise, the official will PROPOSED REGULATIONS immediately notify the State Steward; and provided, further, that should repeated such conflicts interfere with the official's performance of his/her normal duties, or with any other official's performance of his/her official duties, then the Commission shall appoint another person to replace the official with the familial conflict. 3.1.5 Report of Violations Racing officials and their assistants shall report immediately to the State Steward or judges every observed violation of these rules and of the laws of this jurisdiction governing racing. 3.1.6 Complaints Against Officials Any formal complaint against a racing official other than a judge shall be made to the State Steward or Presiding Judge in writing and signed by the complainant. All such complaints shall be reported to the Commission by the State Steward or Presiding Judge, as appropriate, together with a report of the action taken or the recommendation of the State Steward or Presiding Judge. Formal complaints against the State Steward or any judge shall be made in writing to the Commission and signed by the complainant. 3.1.7 Appointment 3.1.7.1 A person shall not be appointed to more than one racing official position at a meeting unless specifically approved by the Commission. No person shall be appointed to or hold any such office or position who holds any official relation to any person, association, or corporation engaged in or conducting harness racing within this State. No Commissioner, racing official, steward, or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission. All employees appointed under 3 Del.C. §10007(a-c) shall serve at the pleasure of the Commission and are to be paid a reasonable compensation. 3.1.7.2 The Commission shall appoint or approve the State Steward and judges at each harness race meeting. The Commission may appoint such officials on an annual basis. In addition to any minimum qualifications promulgated by the Commission, all applicants for the position of Steward must be certified by a national organization approved by the Commission. An applicant for the position of steward or race judge must also have been previously employed as a steward, patrol judge, clerk of scales or other racing official at a harness racing meeting for a period of not less than forty-five days during three of the last five years, or have at least five years of experience as a licensed driver who has also served not less than one year as a licensed racing official at a harness racing meeting or have ten years of experience as a licensed harness racing trainer who has served not less than one year as a licensed racing official at a harness racing meeting. 3.1.7.3 The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians, and such other employees as it deems necessary, consistent with the purposes of 3 Del.C. Chapter 100. 3.1.8 Appointment of Substitute State Steward/Judge Should any State Steward or any judge be absent at race time, the State Steward, or, in his/her absence the remaining judge(s) shall appoint a deputy for the State Steward or judge(s). If a deputy State Steward or judge is appointed, the Commission shall be notified immediately by the State Steward or remaining judges. 3.2 State Steward/Judges 3.2.1 General Authority 3.2.2.1 The State Steward and judges for each meeting shall be responsible to the Commission for the conduct of the race meeting in accordance with the laws of this jurisdiction and these rules. 3.2.2.2 The State Steward and judges shall enforce these rules and the racing laws of the State of Delaware. 3.2.2.3 The State Steward's authority includes supervision of all racing officials, licensed personnel, other persons responsible for the conduct of racing and patrons, as necessary to ensure compliance with these rules. 3.2.2.4 The State Steward and Presiding Judge shall have authority to resolve conflicts or disputes related to racing and to discipline violators in accordance with the provisions of these rules. 3.2.2.5 The State Steward and judges have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules. 3.2.2.6 The State Steward shall be a representative of the Commission at all race meetings which the Commission may direct such State Steward to attend. The State Steward shall be the senior officer at such meetings and, subject to the control and direction of the Commission, shall have general supervision PROPOSED REGULATIONS over the racing officials, medication program and drug-testing officials, and all other employees and appointees of the Commission employed at such race meet or meetings. The State Steward shall, subject to the general control of the Commission, monitor the conduct of the racing and the pari-mutuel department, and supervise the testing of horses and drivers. The State Steward at all times shall have access to all parts of the association grounds, including the racecourse, physical plant and grounds. Upon instruction from the Commission, the State Steward shall conduct hearings and investigations, and report his findings to the Commission. The State Steward shall act for the Commission in all matters requiring its attention, to receive from all persons having knowledge thereof information required by the Commission and to perform all other duties for the compliance of the rules and regulations of the Commission and the laws of the State of Delaware. 3.2.2 Period of Authority The State Steward's and judges' period of authority shall commence five (5) business days prior to the beginning of each race meeting and shall terminate with completion of their official business pertaining to the meeting. 3.2.3 Disciplinary Action 3.2.3.1 The State Steward and judges shall take notice of alleged misconduct or rule violations and initiate investigations into the matters. 3.2.3.2 The State Steward and judges shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules. 3.2.3.3 The State Steward and judges may compel the attendance of witnesses and the submission of documents or potential evidence related to any investigation or hearing. 3.2.3.4 The State Steward and judges may at any time inspect license documents, registration papers and other documents related to racing. 3.2.3.5 The State Steward and judges have the power to administer oaths and examine witnesses. 3.2.3.6 The State Steward and judges may consult with the Commission Veterinarian to determine the nature and seriousness of a laboratory finding or an alleged medication violation. 3.2.3.7 The State Steward and judges may impose, but are not limited to, any of the following penalties on a licensee for a violation of these rules: 3.2.3.7.1 issue a reprimand; 3.2.3.7.2 assess a fine; 3.2.3.7.3 require forfeiture or redistribution of purse or award, when specified by applicable rules; 3.2.3.7.4 place a licensee on probation; 3.2.3.7.5 suspend a license or racing privileges; 3.2.3.7.6 revoke a license; 3.2.3.7.7 exclude from grounds under the jurisdiction of the Commission; or 3.2.3.7.8 any relief deemed appropriate. 3.2.3.8 The State Steward and judges may take any appropriate actions against any horse for a violation or attempted violation of these rules. 3.2.3.9 The State Steward and judges may suspend a license; or they may impose a fine in accordance with these Rules for each violation; or they may suspend and fine; or they may order that a person be ineligible for licensing. 3.2.3.10 A State Steward's or judges' ruling shall not prevent the Commission from imposing a more or less severe penalty. 3.2.3.11 The State Steward or judges may refer any matter to the Commission and may include recommendations for disposition. The absence of a State Steward's or judges' referral shall not preclude Commission action in any matter. 3.2.3.12 Purses, prizes, awards, and trophies shall be redistributed if the State Steward or judges or Commission order a change in the official order of finish. 3.2.3.13 All fines imposed by the State Steward or judges shall be paid to the Commission within ten (10) days after the ruling is issued, unless otherwise ordered. 3.2.4 Protests, Objections and Complaints The State Steward or judges shall investigate promptly and render a decision in every PROPOSED REGULATIONS protest made to them. They shall maintain a record of all protests. The State Steward or judges shall file daily with the Commission a copy of each protest, objection or complaint and any related ruling. All protests must be in writing and lodged with the State Steward or judges not later than forty-eight (48) hours after the race in question. 3.2.5 Judges' Presence A board of judges shall be present in the judges' stand during the contesting of each race. 3.2.6 Order of Finish for Pari-Mutuel Wagering 3.2.6.1 The judges shall determine the official order of finish for each race in accordance with the rules of the race (see Rule 7.0). 3.2.6.2 The decision of the judges as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the contesting of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool. 3.2.7 Cancel Wagering The State Steward or judges have the authority to cancel wagering and order refunds where applicable on an individual betting interest or on an entire race and also have the authority to cancel a pari­mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering. 3.2.8 Steward's List 3.2.8.1 The judges shall maintain a Steward's List of the horses which are ineligible to be entered in a race. 3.2.8.2 A horse that is unfit to race because it is dangerous, unmanageable or unable to show a performance to qualify for races at the meeting, scratched as a result of a high blood gas test, or otherwise unfit to race at the meeting may be placed on the Steward's List by the Presiding Judge and declarations and/or entries on the horse shall be refused. The owner or trainer shall be notified of such action and the reason shall be clearly stated. When any horse is placed on the Steward's List, the clerk of the course shall make a note on the eligibility certificate of such horse, showing the date the horse was put on the Steward's List the reason and the date of removal if the horse has been removed. 3.2.8.3 All horses scratched by a veterinarian for either lameness or sickness will be put on the Steward's List and can not race for seven (7) days from the date of the scratched race. Entries will be accepted during this seven (7) day period for a race to be contested after the seventh day. 3.2.8.3.1 Veterinarians may put a horse on the Steward’s List for sickness or lameness for more than seven (7) if necessary. In that instance, the horse may not race until proscribed number of days has expired. Entries will be accepted during this period for a race to be contested after the proscribed number of days has expired. 3.2.8.4 No Presiding Judge or other official at a fair meeting shall have the power to remove from the Steward's List and accept as an entry any horse which has been placed on a Steward's List and not subsequently removed therefrom for the reason that he/she is dangerous or an unmanageable horse. Such meetings may refuse declarations and/or entries on any horse that has been placed on the Steward's List and has not been removed therefrom. 3.2.8.5 No horse shall be admitted to any racetrack facilities in this jurisdiction without having had a negative official test for equine infectious anemia within twelve (12) months. 3.2.8.6 The judges may put any horse on the Steward's List for performance when such horse shows a reversal of form or does not race near its own capabilities. Such horse shall qualify in a time comparable to its known capabilities from one to three times, at the discretion of the judges, before being allowed to start. 3.2.8.7 Any horse put on the Steward's List as unmanageable or dangerous must qualify in a satisfactory manner for the judges at least two times. 3.2.8.8 The judges may put any horse on the Steward's List for being noncompetitive or unfit to race at the meeting. 3.2.8.9 The judges may place a horse on the Steward's List when there exists a question as to the exact identification, ownership or management of said horse. 3.2.8.10 A horse which has been placed on the Steward's List because of questions as to the exact identification or ownership of said horse, may be removed from the Steward's List when, in the opinion of the judges, proof of exact identification and/or ownership has been established. 3.2.8.11 A horse may not be released from the Steward's List without the permission of the judges. PROPOSED REGULATIONS 3.2.9 List of Nerved Horses The judges shall maintain a list of nerved horses which are on association grounds and shall make the list available for inspection by other licensees participating in the race meeting. 3.3 Racing Secretary 3.3.1 General Authority The racing secretary is responsible for setting the conditions for each race of the race meeting, regulating the nomination of entries and determining the amounts of purses and to whom they are due. The racing secretary shall check and verify the eligibility of all horses entered. 3.3.2 Eligibility Certificates The racing secretary is responsible for receiving and safeguarding the eligibility certificates of all horses competing at the track or stabled on association grounds. 3.3.3 Race Information The racing secretary shall be familiar with the age, class and competitive ability of all horses racing at the meeting. 3.3.4 Classifications The racing secretary shall classify horses in accordance with these rules and list horses in the categories in which they qualify. 3.3.5 Listing of Horses The racing secretary shall: 3.3.5.1 examine all entry forms and declarations to verify information as set forth therein; and 3.3.5.2 select the horses to start and the also eligible horses from the declarations in accordance with these rules. 3.3.5.3 provide the listing of horses in the daily program. 3.3.6 Nominations and Declarations The racing secretary shall examine nominations and declarations and early closing events, late closing events and stakes events to verify the eligibility of all declarations and nominations and compile lists thereof for publication. 3.3.7 Conditions The racing secretary shall establish the conditions and eligibility for entering races and cause them to be published to owners, trainers and the Commission and be posted in the racing secretary's office. 3.3.8 Posting of Entries Upon completion of the draw each day, the racing secretary shall post a list of entries in a conspicuous location in his/her office and make the list available to the media. 3.3.9 Stakes and Entrance Money Records The racing secretary shall be caretaker of the permanent records of all stakes and shall verify that all entrance monies due are paid not later than one hour prior to post time, regardless of whether the horse actually starts. 3.3.10 Winnings 3.3.10.1 For the purpose of establishing conditions, winnings shall be considered to include all monies and prizes won up to the time of the start of a race. 3.3.10.2 Winnings during the year shall be calculated by the racing secretary from the preceding January 1. 3.3.11 Cancellation of a Race In case of unfavorable weather or other unavoidable cause, associations, upon notifying of the State Steward may postpone or cancel races. 3.4 Paddock Judge 3.4.1 General Authority Under the direction and supervision of the Presiding Judge, the Paddock Judge shall have complete charge of all paddock activities, including but not limited to: 3.4.1.1 Ensuring e that all horses entered in a heat or dash are on the racetrack at the time designated by the Presiding Judge to be formed in a parade line; that such horses are attended by their drivers unless specifically excused by the Paddock Judge; that all horses in heat or race parade from the paddock upon the track and before the grandstand not later than five (5) minutes before Post Time; and that drivers not PROPOSED REGULATIONS engage in conversation during the post parade. A horse failing to parade without being excused by the Paddock Judge may be scratched from the race or its driver or trainer may be penalized; 3.4.1.2 Supervising e the Horse Identifier and /Equipment Checker; 3.4.1.3 Supervising e the paddock gate operators; 3.4.1.4 Ensuring e that all horses are in the paddock at the time prescribed by the Presiding Judge, but in any event not less than one hour but not more than two hours prior to post time of the race in which the horse is to compete. Except for warm-up trips, no horse shall leave the paddock until called to the post; 3.4.1.5 Maintaining a proper check-in and check-out of horses and drivers. N Ensure that no driver, trainer, owner-trainer or groom once admitted to the paddock or receiving barn shall leave the same other than to warm up said horse or other race related activity until such race, or races, for which he was admitted is contested; provided, however, that in the event of an emergency, trainers or grooms a license may leave the paddock but only with the permission of the Paddock Judge, in which case the Paddock Judge shall maintain a written record thereof, which shall be delivered to the Presiding Judge. No person except an Only a licensed owner or trainer who has another horse racing in a later race, or an official, shall return to the paddock until all races of that program have been completed; 3.4.1.6 Directing the activities of the paddock blacksmith; 3.4.1.7 Ensuring e that only persons properly authorized persons by the Licensing Office are permitted admitted in the paddock, to wit: including: 3.4.1.7.1 Owners of horses competing on the date of the race and whose horses are in the paddock; with the exception of all owners of registered stables; 3.4.1.7.2 Trainers of horses competing on the date of the race and whose horses are in the paddock; 3.4.1.7.3 Drivers of horses competing on the date of the race and whose horses are in the paddock; 3.4.1.7.4 G No more than two grooms of horses competing on the date of the race and whose horses are in the paddock; 3.4.1.7.5 Officials whose duties require their presence in the paddock or receiving barn; and 3.4.1.7.6 Such other persons as are authorized by the Commission; Provided, Ensure that no more than two members owners of a registered stable, other than the driver, shall be entitled to admission to the paddock on any racing day, except by permission of the Presiding or Paddock Judge, or written approval by the Commission; 3.4.1.7.78 Notifying the Presiding Judge of any change in racing equipment or shoes before the race; 3.4.1.7.89 Inspecting and supervising e the maintenance of all emergency equipment kept in the paddock; 3.4.1.7.9 10 Notifying the judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race; 3.4.1.7.1011 Supervising e and maintaining the cleanliness of the paddock; and 3.4.1.7.1112 Supervising e the conduct of all persons in the paddock. 3.4.2 Report to the Presiding Judge The Paddock Judge shall: 3.4.2.1 Immediately notify the Presiding Judge of anything that could in any way change, delay or otherwise affect the racing program; and 3.4.2.2 Report to the Presiding Judge any observed cruelty to a horse; and 3.4.2.3 Any other violations of these rules. *Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Harness Racing Commission is available at: http://www.state.de.us/ research/AdminCode/title3/500/index.shtml#TopOfPage PROPOSED REGULATIONS DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 925 Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) PUBLIC NOTICE 925 Children with Disabilities A. Type Of Regulatory Action Required Amendment to Existing Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 925, Children with Disabilities by repealing 14 DE Admin. Code 925 and replacing it with the following eight (8) regulations. The proposed regulations will replace the existing regulation in its entirety. 14 DE Admin. Code 922 Children with Disabilities, Subpart A, Purposes and Definitions 14 DE Admin. Code 923 Children with Disabilities, Subpart B, General Duties and Eligibility of Agencies 14 DE Admin. Code 924 Children with Disabilities, Subpart C, Local Educational Agency Eligibility 14 DE Admin. Code 925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs 14 DE Admin. Code 926 Children with Disabilities, Subpart E, Procedural Safeguards for Parents and Children 14 DE Admin. Code 927, Children with Disabilities ,Subpart F, Monitoring, Enforcement and Confidentiality of Information 14 DE Admin. Code 928 Children with Disabilities, Subpart G, Use and Administration of Funds, Subpart H Reserved 14 DE Admin. Code 929 Children with Disabilities, Subpart I, Special Programs and Unique Educational Alternatives The proposed regulations address the special education needs of children with disabilities. They implement 14 Del.C. Ch. 31 and Part B of the Individuals with Disabilities Education Act, 20 USC §1400, et.seq. (“IDEA”) This regulation is being revised in response to the 2004 reauthorization of the IDEA. The proposed regulations are designed to continue the alignment of state and federal regulations addressing the education of children with disabilities, to ensure the rights and procedural protections of children with disabilities and their families, and to establish the conditions under which school districts, charter schools and other educational agencies may receive funding for the education of children with disabilities. The IDEA specifically requires that the Department of Education notify school districts and other education agencies of any State requirements for the education of children with disabilities that exceed federal requirements. These proposed regulations identify those additional State requirements by italicizing them in the text of these proposed regulations. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before April 30, 2007 to Martha Toomey, Director, Exceptional Children and Early Childhood Education, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. The proposed regulations are available online at http://www.state.de.us/research/register/march2007/proposed/index.shtml. The proposed regulations are also available at many public libraries throughout the State and by contacting Ms. Louann Vari at the above address, or by e-mail at: lvari@doe.k12.de.us C. Impact Criteria 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The proposed amendments address the achievement of children with disabilities, PROPOSED REGULATIONS including their achievement measured against state standards. 2. Will the amended regulation help ensure that all students receive an equitable education? The proposed regulations assure children with disabilities receive a free, appropriate public education, including equitable access to the services they need to progress in the curriculum offered to students without disabilities. 3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The proposed regulations address the health and safety of children with disabilities in various programs and settings. 4. Will the amended regulation help to ensure that all students’ legal rights are respected? The proposed regulations specifically ensure and implement the rights of children with disabilities and their families under a variety of state and federal laws, including the Individuals with Disabilities Education Act, the No Child Left Behind Act, and the Family Educational Rights and Privacy Act and the provisions of Chapter 31 of Title 14 of the Delaware Code. 5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The proposed regulations are specifically designed to minimize State regulations to those required under state and federal statutes. The Individuals with Disabilities Education Act specifically requires that the Department of Education notify school districts and other education agencies of any State requirements for the education of children with disabilities that exceed federal requirements. These proposed regulations identify those “excess” State requirements by italicizing them in the text of these proposed regulations. 6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The proposed regulations are specifically designed to require only the local reporting and administration necessary to comply with State statutory and federal requirements consistent with the improved achievement and educational performance of children with disabilities. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The State and school districts and other local educational agencies share authority and accountability for the education of children with disabilities, and the proposed regulations reflect that partnership. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The proposed amendments more closely align requirements for the education of children with disabilities with other State educational policies, particularly those addressing achievement in the core curricular areas. The proposed regulations further reflect the increased federal alignment between the Individuals with Disabilities Education Act and the No Child Left Behind Act. 9. Is there a less burdensome method for addressing the purpose of the regulation? The proposed regulations are designed to assure compliance with applicable laws regarding the education of children with disabilities in these most efficient and effective way for the Department, the school districts and other affected State and local agencies. 10. What is the cost to the State and to the local school boards of compliance with the regulation? Compliance with the IDEA is required as a condition of federal funding. *Please Note: Due to the size of the proposed regulation, it is not being published here. A PDF version is availble at the website listed below: http://www.state.de.us/research/register/march2007/proposed/925.pdf (Adobe Acrobat Reader required) PROPOSED REGULATIONS DEPARTMENT OF FINANCE STATE LOTTERY OFFICE Statutory Authority: 29 Delaware Code, Section 4805 (29 Del.C. §4805) PUBLIC NOTICE 450 Video Lottery Regulations The Delaware State Lottery Office in accordance with 29 Del.C. §4805 is proposing to amend to its rules and regulations to eliminate the requirement for non-key employees and non-video operations employees to file completed License Application Forms, to change the licensing procedure to allow for temporary licenses and to change the amount of time a person licensed under the Video Lottery Regulations (or a person who has submitted an application to become licensed) has to report any new criminal charges from seven days to three. The proposed changes amend existing Video Lottery Regulations 6.30, 6.34(4), 14.1.1, 14.3 and 14.4 and 14.11 and 14.13. A public hearing will be held at 10:00 am on April 2, 2007, at the Lottery Office, 1575 McKee Road, Suite 102, Dover, Delaware 19904 where members of the public can offer comments. Any person wishing to submit written comments may forward these to the Lottery Office at the above address. The final date to receive written comments will be at the public hearing. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of an office staff analysis and consideration of the comments and written materials presented by the public. SUMMARY OF PROPOSED CHANGES Currently, under the Video Lottery Regulations relating to 6.30, an ATM may not be located within 25 feet of a VLT. Currently, under the Video Lottery Regulations relating to 6.33(4), all agent employees must file a completed License Application Form (LAF) with the Delaware State Police Video Lottery Enforcement Unit (VLEU). The VLEU only needs completed LAFs from key employees and video operations employees. Currently, under the Video Lottery Regulations relating to 14.2.1.3 14.2.2 and 14.4 , the Delaware State Police Video Lottery Enforcement Unit (VLEU) must wait for the criminal history report from SBI before it can recommend suitability for licensure of an applicant to the Director. That process can take up to 10 weeks, during which time, the applicant/employee cannot begin working. The temporary license procedure set forth below is designed to allow the VLEU to conduct preliminary background checks and make temporary suitability recommendations about applicants shortly after the applicant applies. Currently, under the Video Lottery Regulations relating to 14.12 and 14.14, a licensed employee of Video Lottery agent (or an employee who has submitted an application to become licensed) has seven days to notify the Delaware State Police Video Lottery Enforcement Unit of any change in his/her criminal history information. The proposal is to shorten that time to three days. 450 Video Lottery Regulations (Break in Continuity of Sections) 6.0 Agents: Duties The following duties are required of all licensed agents: 6.1 Provide a secure location for the placement, operation, and play of all licensed video lottery machines located on the licensed agent's premises. 6.2 Permit no person to tamper with or interfere with the approved operation of any licensed video lottery machine without prior written approval of the agency and the VLEU, unless otherwise directed by the Lottery. 6.3 Assure that telephone lines from the agency's central computer to the licensed video lottery machines located on the licensed agent's premises are at all times connected, and prevent any person from PROPOSED REGULATIONS tampering or interfering with the continuous operation of the lines. 6.4 With respect to video lottery operations, contract only with officers, directors, owners, partners, key employees, and suppliers of video lottery equipment and paraphernalia authorized by the agency to participate in video lottery operations within the State of Delaware. 6.5 Ensure that licensed video lottery machines are placed and remain as placed unless the agency authorizes their movement within the sight and control of the agent or a designated employee, through physical presence and by the use of surveillance cameras at all times. 6.6 Ensure that licensed video lottery machines are placed and remain as placed in the specific area of the premises as approved by the lottery. The initial placement and any subsequent relocation of any video lottery machine requires the prior written approval of the agency and the VLEU. 6.7 Monitor video lottery machine play and prevent access to or play by persons who are under the age of twenty-one (21) years or who are intoxicated, or whom the agent has reason to believe are intoxicated, and prohibit play by persons who are barred by law or self-barred from playing any video lottery machine. 6.8 Commit no violations of the laws of this State concerning the sale, dispensing, and consumption on the premises of alcoholic beverages that result in suspension or revocation of an alcoholic beverage license. 6.9 Maintain at all times sufficient, tokens change and cash in denominations accepted by the video machines located in the premises. 6.10 Exercise caution and good judgment in extending credit for video lottery machine play, and comply with all applicable federal and state laws. 6.11 Exercise caution and good judgment in providing cash for checks presented for video lottery machine play. The agent shall also ensure that any contractor who performs check cashing services for the agent also exercises caution and good judgment in providing cash for checks under this regulation. 6.12 Report promptly all video lottery machine malfunctions to the appropriate technology provider and agency and notify the agency of any technology provider failure to provide service and repair of such terminals and associated equipment. 6.13 Conduct agency approved advertising and promotional activities related to video lottery operations. 6.14 Install, post and display prominently at locations within or about the premises signs, redemption information and other promotional material as may be required by the agency. 6.15 Conduct video lottery operations only during those hours established and approved by the Director or designee. 6.16 Assume responsibility for the proper and timely payment to players of credits or tokens awarded. 6.17 Prohibit the possession, use or control of gambling paraphernalia on the premises not directly related to the lottery or horse racing or harness horse racing and prohibit illegal gambling on the premises. 6.18 Attend all meetings, seminars, and training sessions required by the agency. 6.19 Supervise its employees and their activities to ensure compliance with these rules. 6.20 Assume responsibility for the proper and immediate redemption of all credits; however, no credits may be redeemed by a person under twenty-one (21) years of age, and no credits submitted for redemption beyond the one year time limit will be redeemed. No credits or prizes may be redeemed by any person illegally on the agent’s premises or persons who have requested that they be self-banned from the agent’s premises. 6.21 Provide dedicated power and a proper video lottery machine environment in accordance with the specifications of the agency. The agent shall permit no person to completely shut off power to an operational video lottery machine without the prior approval of the agency. 6.22 Furnish to the Director complete information pertaining to any change in ownership of the agent or the owner of the premises or beneficial owner (other than a change in ownership by an owner of less than twenty (20) percent of the issued and outstanding capital stock of the agent or premises owner if such stock is publicly traded). 6.23 Promptly report to the lottery any violation or any facts or circumstances that may result in a violation of State or Federal law and/or any rules or regulations pursuant thereto, excluding violations concerning motor vehicle laws. 6.24 Conduct video lottery operations in a manner that does not pose a threat to the public health, safety, or welfare of the citizens of Delaware, or reflect adversely on the security or integrity of the lottery. 6.25 Hold the Director, the State of Delaware, and employees thereof harmless from and defend and pay for the defense of any and all claims which may be asserted against the Director, the State or the employees PROPOSED REGULATIONS thereof, arising from the participation in the video lottery system, except claims arising from the negligence or willful misconduct of the Director, the State or the employees thereof. 6.26 Maintain all required records. 6.27 Provide at the request of the Director or the VLEU immediate access to the premises and to all records related to any aspect of these regulations, including without limitation the duties imposed by these regulations. 6.28 Keep current on all payments, tax obligations and other obligations to the agency and other licensees with whom video lottery business is conducted. The agent shall pay the players and transfer the net proceeds to the State lottery fund in conformity with the requirements set forth in these regulations and 29 Del.C. Ch. 48. 6.29 Ensure that there are no automated teller machines (ATMs) within twenty-five (25) feet of any video lottery machine on the premises. 6.30 29 Locate all video lottery machines within the viewing range of closed circuit television cameras at all times, including both normal business hours and those periods when video lottery operations are closed. The presence of these cameras is to ensure the integrity of the lottery, the video lottery operations, and the safety of the patrons. Surveillance tapes will be maintained by the agent according to a schedule established by the Director and the VLEU. The installation of any new closed circuit television or repositioning of any CCTV cameras or new surveillance system must be reviewed and approved by the Director and the VLEU before placed into operation. 6.31 30 Comply with such other requirements as shall be specified by the Director. The agent shall submit to the Director a description of its system of internal procedures and administrative and accounting controls which shall conform to the rules and regulations of the agency and be otherwise satisfactory to the Director in his or her sole discretion. 6.32 31 Provide, on a continuing basis, to the Director the names and addresses of all employees who are involved in the daily operation of the video lottery machines. These employees will include individuals or their supervisors involved with (1) the security of the video lottery machines, (2) the handling or transporting of proceeds from the video lottery machines, or (3) positions that provide direct access to video lottery machines. It shall be the continuing duty of the video lottery agent licensee to provide for the bonding of any of the above-mentioned employees to ensure against financial loss resulting from wrongful acts on their parts. Likewise, the agent shall post a bond or irrevocable letter of credit in a manner and in an amount established by the agency. Any such bonds shall be issued by a surety company authorized to transact business in Delaware and said company shall be approved by the State Insurance Commissioner as to solvency and responsibility. 6.33 32 Notify the Director on a continuing basis of any change in officers, partners, directors, key employees, video lottery operations employees, and owners. 6.33 32.1 The video lottery agent shall provide this information to the Lottery and the VLEU on a weekly basis. Such persons will also be subject to a background investigation. The failure of any of the above-mentioned persons to satisfy a background investigation may constitute "cause" for the suspension or revocation of the video lottery agent's license, provided that an agent is first given a reasonable opportunity to remove or replace such person if the agent was unaware of such "cause" prior to the background investigation. The agent must supply the VLEU with the completed License Application Form ("LAF") and fingerprint cards for each employee before the employee begins employment. Agent employees required to be licensed by the Delaware Lottery laws, 29 Del.C. Ch. 48, and these Regulations must have been successfully completed and been issued a valid license under section 14.0 of these Regulations prior to commencement of employment. 6.33 32.2 The agent must notify the VLEU of the transfer of any employee within the agent’s organization on a weekly basis. The Lottery and the VLEU will determine if a new or updated LAF must be submitted for the transferred employee. 6.33 32.3 The agent must notify the Lottery and the VLEU of the termination of any employee and the reason for the termination on a weekly basis. 6.33 32.4 The agent must submit to the Lottery and the VLEU on a weekly basis the names of all new employees who will work on the video lottery premises. All employees who do not meet the definition of key employees or video lottery operations employees must file a completed LAF with the VLEU within seven (7) days of commencement of employment. 6.33 32.5 The agent must obtain advance approval before any temporary employee, consultant, or contractor will be permitted access to secure locations. Any such temporary employee, consultant, or PROPOSED REGULATIONS contractor must submit a Request for Temporary Work Approval Form to the VLEU at least forty-eight (48) hours prior to the date of assignment. Any such temporary employee, consultant, or contractor must also submit a license application pursuant to Regulation 14.0 and must be employed by a licensed technology provider. Any vendor who proposes to contract with a video lottery agent or the Lottery for the provision of goods or services, including management services, related to the video lottery operations, must obtain a technology provider license pursuant to Video Lottery Regulation 4.0. The Lottery will consider secure areas to include, but not be limited to, access to the inside of a video lottery machine, surveillance rooms, cash vaults, and cash booths. 6.34 33 As soon as it is known to the agent, file with the Director a copy of any current or proposed agreement and disclose to the Director any other relationship between the agent, its parents, subsidiaries, related entities, partners, owners, directors, officers or key employees for the sale, lease, maintenance, repair or other assignment of the agent's premises, or any other relationship of any vendor, manufacturer or other person who stands to benefit financially from the possession or use of video lottery machines by such agent. The agent shall file with the Director for approval every contract in excess of $50,000 which pertains to the agent's video lottery operations. The agent shall notify the Director of any contract with an entity that is subject to the license requirements for vendors or technology providers under 29 Del.C. §4805(b)(17) and Chapter 4 of these Regulations. 6.35 34 Comply with the applicable requirements contained in 3 Del.C. §10048 and §10148 and 28 Del.C. §427. The agent shall file an annual report, due January 15th of each year, which provides sufficient information for the Director to determine whether the agent has satisfied the requirements of this provision. 6.36 35 Comply with the provisions of the business plans as approved and amended. 6.37 36 Comply on a continuing basis with the requirements for obtaining or retaining a license under the provisions of these regulations and 29 Del.C. Ch. 48. 2 DE Reg. 115 (7/1/98) 3 DE Reg. 1081 (2/1/00) 7 DE Reg. 206 (8/1/03) 7 DE Reg. 958 (1/1/04) 8 DE Reg. 1143 (2/1/05) (Break in Continuity of Sections) 14.0 Employee License Procedure 14.1 The license applicant, licensee, or video lottery agent or technology provider employee will contact the State Bureau of Identification or the Delaware State Police Video Lottery Enforcement Unit to make arrangements for fingerprint processing. 14.1.1 The applicant will complete the license application form for a VLT license as required by the Lottery and VLEU. 14.1.2 The completed license application form will be reviewed and witnessed by the applicant’s human resources personnel or designee. 14.2 Rehires/Transfers 14.2.1 A licensee that voluntarily ends his or her employment or is terminated while in good standing with a former employer may apply for a new VLT license in the following manner: 14.2.1.1 Applicants will be required to follow the procedures in Video Lottery Regulations 14.1-14.8 if twelve (12) months or more have passed since the end of the applicant's former employment. 14.2.1.2 Applicants will be required to follow the procedures in Video Lottery Regulations 14.1-14.8, except for the fingerprinting requirements, if less than twelve (12) months but more than thirty (30) days have passed since the end of the applicant's prior employment. 14.2.1.3 Applicants will be required to complete a License Application Update Form including a release of information waiver form and submit to a new background investigation if less than thirty (30) days have passed since the end of the applicant's prior employment. 14.2.2 Transfers. Licensees transferring employment from one licensed entity to another licensed entity under these Video Lottery Regulations will be required to complete a License Application Update Form and submit to a new background investigation including a release of information waiver form. 14.3 A fee is required to be paid for state and federal processing of fingerprint cards and criminal history cards and criminal history records. The fee is set by the State Bureau of Identification and payment is to be made PROPOSED REGULATIONS directly to that agency. 14.4 An applicant must complete a fingerprint card and form cards/process with the necessary personal information, and sign an Authorization for Release of Information form to release criminal history to the Director or the VLEU. At the time of the processing, the applicant must show proof of identification to complete the criminal history request and pay the appropriate fee. 14.4.1 The applicant must contact the VLEU and submit the completed license application form and fingerprint verification/receipt for processing. No investigation will proceed without a copy of the SBI fingerprinting receipt. 14.4.2 Investigators assigned to the VLEU will conduct an initial investigation to determine the suitability of the applicant. If the applicant is approved, a temporary license may, at the discretion of the Director, be issued at that time pending SBI’s final report. This temporary license is valid for thirty (30) days from the issue date. 14.4.3 A waiver will be signed by the applicant indicating that should an unfavorable criminal history background check be received by the VLEU, including any detrimental information or failure to fully disclose criminal history, the applicant’s temporary license may be revoked. If revoked, the applicant will then be required to respond to VLEU within five (5) working days for another interview. 14.4.4 Should the Director determine the applicant is to be fully licensed, the permanent license badge will be delivered to the appropriate agent for delivery to the employee. The employee upon receipt of the permanent license badge shall turn in his temporary badge to the agent representative who in turn shall destroy the badge. 14.5 Certified copies of the criminal history record will be forwarded to the Director of the Lottery or the Video Lottery Enforcement Unit. 14.6 The State Bureau of Identification shall act as the intermediary for the receipt of the federal criminal history record checks performed by the Federal Bureau of Investigation. The State Bureau of Identification shall forward the results of these federal record checks to the attention of the VLEU in a confidential manner. 14.7 A person subject to 29 Del.C. §4807A shall have the opportunity to respond to the Lottery Director regarding any information obtained prior to a determination of suitability for licensure. Such a response shall be made within ten (10) working days of the person’s receipt of the criminal background information from the Lottery. The determination of suitability for licensure shall be made by the Lottery pursuant to the factors listed in 29 Del.C. §4807A regarding an applicant’s criminal history. The Lottery will also consider the factors contained in 29 Del.C. Ch. 48 and these Video Lottery Regulations in considering applications for licensure. The Lottery will consider the truthfulness of the applicant, licensee, or employee in disclosing their criminal history. Under 29 Del.C. §4805(a)(16)(17), the Lottery Director shall consider the background of key employees or video lottery operations employees in order to determine if the person’s reputation, habits, and associations pose a threat to the public interest of the State or to the reputation of or effective regulation and control of the video lottery. It is specifically provided, pursuant to 29 Del.C. §4805(a)(16)(17), that any person convicted of any felony, a crime involving gambling, or a crime of moral turpitude within ten (10) years prior to applying for a license or at any time thereafter shall be deemed unfit. The Director may determine whether the licensing standards of another state are comprehensive, thorough and provide similar adequate safeguards and, if so, may in the Director’s discretion, license an applicant already licensed in such state without the necessity of a full application and background check. The Delaware State Police shall conduct the security, fitness, and background checks required by §4805(a)(16)(17) and the Video Lottery Regulations. The Director may deny a license application if an applicant fails to provide the required information necessary for the Lottery and the VLEU to determine and evaluate the applicant's background as required by 29 Del.C. §4805(a)(16)(17). 14.8 The Lottery shall communicate the results of the determination of suitability in writing, to the license applicant or licensee within thirty (30) days of receipt of the criminal history information, unless extenuating circumstances require a longer period. If the Lottery determines that an applicant has satisfied the licensing requirements of Video Lottery Regulation 14.7, the applicant will be issued a VLT License. If a determination is made to deny a person licensure, the person shall have an opportunity to appeal for reconsideration as set out below. 14.8.1 Appeal shall be initiated by a person notified that he/she is being denied a license pursuant to 29 Del. C. §4807A and Video Lottery Regulation 13.3 by submitting a request for a hearing to the Director within ten (10) working days of the receipt of the written notice. 14.8.2 The appeal shall be reviewed by the Lottery Director and the person shall be given the PROPOSED REGULATIONS right to be heard by the Director or the Director’s designee within thirty (30) working days of the receipt of the letter of appeal, unless extenuating circumstances require a longer period. Any hearing will be pursuant to the procedures in the Video Lottery Regulations 13.5-13.11, whichever is applicable. 14.8.3 A written decision shall be rendered by the Director or the Director’s designee within thirty (30) working days of the hearing unless extenuating circumstances require a longer period. All decisions made by the Lottery under this appeal procedure are final. 14.8.4 A person determined to be unsuitable for licensure pursuant to these Regulations shall be prohibited from reapplying for licensure for a period of twelve (12) months. 14.8.5 Every license issued by the Lottery shall bear thereon the distinguishing number assigned to the licensee and shall contain the name and photograph of the licensee. The license shall also contain the name of the sponsoring employer, agent, or technology provider. 14.8.6 The Lottery VLT License is the property of the Lottery. The VLT license shall be returned to the Lottery or the VLEU if the Director issues a decision to suspend or revoke a person's license to participate in video lottery operations. A license may be revoked or suspended for violations of 29 Del.C. Ch. 48 or these Video Lottery Regulations. 14.9 The Lottery or the Video Lottery Enforcement Unit will communicate the results of suitability in writing regarding an employee to either the video lottery agent or technology provider employing said individual. The Lottery will provide a copy of the criminal history record to the employee upon request. 14.10 All records pertaining to criminal background checks, pursuant to 29 Del.C. §4807A and copies of suitability determinations of applicants for licensure, shall be maintained in a confidential manner, including, but not limited to the following: 14.10.1 Access to criminal background check records, and letters of reference accompanying out-of-state criminal background checks, and determinations of suitability of applicants shall be limited to the Director and designated personnel; 14.10.2 All such records shall be kept in locked, fireproof cabinets; 14.10.3 No information from such records shall be released without the signed release of the applicant. 14.11 All licensees will prominently display their license while on duty or acting in their official capacity at the approved video lottery facility. 14.12 License renewal. The Lottery license shall expire and be renewable on the last day oft he month on the third anniversary of the issuance date. Thirty At a minimum of sixty (60) days prior to expiration, each licensee shall contact the VLEU and submit a new and updated license application form for a background investigation. The background investigation will follow the procedures set forth in Video Lottery Regulations 14.7­ 14.8 14.13 Terminations/End of Employment. The Lottery license is the property of the Lottery and shall be returned to the Lottery or the VLEU when the licensee’s employment is either terminated involuntarily by the employer or terminated at the request of the employee. 14.14 Any person licensed under these Video Lottery Regulations or any employee who has submitted a license application shall notify the VLEU within seven (7) days Seventy-two hours (72) of any change in his/her criminal history information. This subsequent criminal history information shall be used by the Lottery in making a determination about the person’s continued suitability as a licensee or employee of a video lottery agent or other licensed entity. 4 DE Reg. 498 (9/1/00) 5 DE Reg. 1286 (12/1/01) 7 DE Reg. 958 (1/1/04) 15.0 Severability The sections and subsections of these rules and regulations shall be deemed severable. Should any section or subsection be deemed by judicial opinion or legislative enactment to be invalid, unconstitutional or in any manner contrary to the laws of the State of Delaware, then such opinion or enactment shall invalidate only that particular section or subsection of these rules and regulations and all other sections shall remain in full force and effect. 4 DE Reg. 498 (9/1/00) PROPOSED REGULATIONS *Please Note: As the rest of the sections were not amended, they are not being published. To obtain a copy of the rules and regulations for the Video Lottery, contact either the Delaware State Lottery Office or the Registrar’s Office. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Long Term Care Medicaid DSSM 20320.7 Substantial Home Equity In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend Title XIX Medicaid State Plan and establish new rules in the Division of Social Services Manual (DSSM) to comply with the transfer of assets provisions mandated by the Deficit Reduction Act (DRA) of 2005 (Public Law 109-171). Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 (new fax number) by March 31, 2007. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF THE PROPOSED AMENDMENT Statutory Authority Deficit Reduction Act of 2005 (Public Law 109-171), enacted on February 8, 2006 Background On February 8, 2006, the Deficit Reduction Act (DRA) of 2005 was signed into law. The DRA made changes to certain Medicaid eligibility provisions in Section 1917(c)(1)(B)(i) of Social Security Act affecting Long Term Care services and supports. Summary of Proposal The DRA contains a number of provisions necessitating changes to Delaware rules. This regulatory action incorporates the mandatory provisions as it relates to: Disqualification for Long-Term Care Assistance for Individuals with Substantial Home Equity. The provisions of this policy apply to nursing facility and HCBS recipients who are receiving Long-Term Care Medicaid on or after January 1, 2006, as follows: • Section 6014 of the DRA amends section 1917 of the Social Security Act (the Act) to provide that in determining the eligibility of an individual to receive medical assistance payment for nursing facility services or other long-term care services, States must deny payment if the individual's equity interest in his or her home exceeds $500,000. States have the option to substitute an amount exceeding $500,000, but not in excess of $750,000. These dollar amounts are increased, beginning in 2011, from year based on the Consumer Price Index (CPI) for all consumers, rounded to the nearest $1,000. • The limitations on home equity do not apply if the spouse of the individual, the individual's child PROPOSED REGULATIONS under 21, or the individual's blind or disabled child is lawfully residing in the home. • This provision would not prevent an individual from using a reverse mortgage or home equity loan to reduce the individual's total equity interest in the home. • Applicants and nursing facilities will be notified that the State has a process under which this limitation will be waived in cases of undue hardship. The provisions of this amendment are subject to approval by the Centers for Medicare and Medicaid Services (CMS). DMMA PROPOSED REGULATION #07- 11a NEW: SUPPLEMENT 17 TO ATTACHMENT 2.6-A Page 1 STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT State/Territory: DELAWARE DISQUALIFICATION FOR LONG-TERM CARE ASSISTANCE FOR INDIVIDUALS WITH SUBSTANTIAL HOME EQUITY 1917(f) The State agency denies reimbursement for nursing facility services and other long-term care services covered under the State plan for an individual who does not have a spouse, child under 21 or adult disabled child residing in the individual's home, when the individual's equity interest in the home exceeds the following amount: X $500,000 (increased by the annual percentage increase in the urban component of the consumer price index beginning with 2011, rounded to the nearest $1,000). _____ An amount that exceeds $500,000 but does not exceed $750,000 (increased by the annual percentage increase in the urban component of the consumer price index beginning with 2011, rounded to the nearest $1,000). The amount chosen by the State is _________________. _____ This higher standard applies statewide. _____ This higher standard does not apply statewide. It only applies in the following areas of the State: _____ This higher standard applies to all eligibility groups. _____ This higher standard only applies to the following eligibility groups: The State has a process under which this limitation will be waived in cases of undue hardship. PROPOSED REGULATIONS DMMA PROPOSED REGULATION #07- 11b NEW: 20320.7 Substantial Home Equity The policy in this section applies to nursing facility and HCBS recipients who are receiving Long-Term Care (LTC) Medicaid on or after January 1, 2006. It does not apply to recipients who were receiving LTC Medicaid prior to January 1, 2006, and who maintain continuous Medicaid eligibility as per the Deficit Reduction Act section 6014. 20320.7.A Receiving LTC Before 01-01-2006 If a Medicaid recipient started receiving LTC Medicaid before January 1, 2006, do not evaluate home equity at the next redetermination. As long as he remains continuously eligible for Medicaid, do not evaluate home equity. If the recipient is found ineligible for Medicaid, and he subsequently re-applies for LTC Medicaid, home equity must be evaluated when he reapplies. 20320.7.B Receiving LTC On/After 01-01-2006 If a Medicaid recipient started receiving LTC Medicaid on or after January 1, 2006, evaluate home equity at the next redetermination. Verification of the equity value of the home is required. Equity value is determined by using the current market value of the home minus any mortgages or loans on the home. Individuals with equity value in home property that exceeds $500,000 are NOT eligible for Medicaid payment of long-term care services unless the home is lawfully occupied by • a spouse, • a dependent child under age 21 years, or • a blind or disabled child of any age. *Note: this is not a change in the general rule that excludes a home of any value for purposes of determining eligibility for Medicaid. It applies only to medical assistance payment for nursing facility services, or other long-term care services referred to in 1917(c)(i)(C)(i). Individuals with substantial home equity may be eligible for Medicaid payment of other covered services if they meet all the other Medicaid eligibility requirements. 20320.7.B.1 Reverse Mortgages Reverse mortgages do not reduce equity value until payments are being received from the reverse mortgage. 20320.7.B.2 Home Equity Credit Lines/Loans A home equity line of credit or home equity loan does not reduce the equity value until credit line or loan has been used or payments from the credit line or loan have been received. DMMA shall verify that the home equity credit line or loan was not transferred for less than Fair Market Value. 20320.7.C Co Owners When there are co owners to the property, divide the total equity interest by the number of shared owners proportional to their interest in the property. Husband and wife are considered as one owner. 20320.7.D Definition of Home The home is defined as any residential property in which the applicant and/or spouse possess an ownership interest that also serves as the principal place of residence of the applicant and /or, spouse, or dependent child. An applicant and spouse may have an ownership interest in several residential properties, but only one shall be considered a home for the purposes of this section. See DSSM 20320.3. 20320.7.E Home Equity Cap Beginning in year 2011, the limit on home equity will be increased yearly based on the Consumer Price Index (CPI). PROPOSED REGULATIONS 20320.7.F Hardship Applicants/recipients may request a hardship waiver. See DSSM 20400.12.1 for definition of hardship. *Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Division of Social Services is available at: http://www.state.de.us/ research/AdminCode/title16/5000/index.shtml#TopOfPage DIVISION OF PUBLIC HEALTH Statutory Authority: 16 Delaware Code, Section 122(1), (3)a and 11(8) (16 Del.C. §122(1), (3)a and 11(8)) PUBLIC NOTICE 4469 Personal Assistance Services Agencies The Department Health and Social Services is proposing regulations which establish standards for regulation of the operation of Personal Assistance Services Agencies. The regulations for Personal Assistance Services Agencies apply to any program that provides personal care services to consumers primarily in their place of residence (excluding residents of hospitals and nursing facilities). Personal assistance services include individual assistance with/or supervision of activities of daily living, companion services and/or homemaker services. These services do not require the judgment and skills of a licensed nurse or other professional. NOTICE OF PUBLIC HEARING The Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services (DHSS), will hold a public hearing to discuss the proposed Delaware Regulations for Personal Assistance Services Agencies. The regulations for Personal Assistance Services Agencies apply to any program that provides personal care services to consumers primarily in their place of residence (excluding residents of hospitals and nursing facilities). Personal assistance services include individual assistance with/or supervision of activities of daily living, companion services and/or homemaker services. These services do not require the judgment and skills of a licensed nurse or other professional. Specific exclu