Cumulative Tables......................................................................................................................................... 1128

EMERGENCY

DEPARTMENT OF INSURANCE

1212 Valuation of Life Insurance Policies................................................................................................ 1135

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities..... 1146

PROPOSED

DELAWARE VIOLENT CRIMES COMPENSATION BOARD

301 Violent Crimes Compensation Board Rules and Regulations........................................................... 1150

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

Title XIX Medicaid State Plan, Attachment 2.6-A, Supplement 8A, Page 2...................................... 1153

Title XIX Medicaid State Plan, Attachment 2.6-A, Supplement 12, Page 2a..................................... 1153

Delaware Healthy Children Program (DHCP)................................................................................... 1153

DSSM 14710 Income........................................................................................................................ 1153

DEPARTMENT OF INSURANCE

1212 Valuation of Life Insurance Policies................................................................................................ 1157

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities .... 1167

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

1302 Regulations Governing Hazardous Waste,

Part 261 - Identification and Listing of Hazardous Waste, Sections 261.4 and 261.39.............. 1170

Part 262 - Standards Applicable to Generators of Hazardous Waste, Section 262.21,

Appendix and Manifest 8700-22........................................................................................... 1170

Part 264 - Standards for Owners and Operators of Hazardous Waste Treatment Storage

and Disposal Facilities, Section 264.151.............................................................................. 1170

Division of Fish and Wildlife

3507 Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas...................................................... 1174

3511 Summer Flounder Size Limits; Possession Limits; Seasons.................................................... 1174

DEPARTMENT OF STATE

Division of Professional Regulation

3800 Committee on Dietetics/Nutrition.............................................................................................. 1179

FINAL

DELAWARE SOLID WASTE AUTHORITY

501 Regulations of the Delaware Solid Waste Authority......................................................................... 1192

DELAWARE VIOLENT CRIMES COMPENSATION BOARD

301 Violent Crimes Compensation Board Rules and Regulations........................................................... 1193



DEPARTMENT OF EDUCATION

Office of the Secretary

220 Diversity..................................................................................................................................... 1203

240 Recruiting and Training of Professional Educators for Critical Curricular Areas........................ 1205

Professional Standards Board

1580 School Library Media Specialist................................................................................................ 1206

1597 Delaware Professional Teaching Standards............................................................................. 1208

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

4406 Home Health Agencies--Aide Only (Licensure)........................................................................ 1209

4410 Skilled Home Health Agencies (Licensure).............................................................................. 1217

Division of Social Services

DSSM 9029 Household Cooperation................................................................................................. 1225

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

3504 Striped Bass Possession Size Limit; Exceptions...................................................................... 1228

Division of Water Resources

7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, Delaware........................ 1230

DEPARTMENT OF STATE

Division of Professional Regulation

2000 Board of Occupational Therapy Practice, Section 1.0 Supervision/Consultation Requirements

for Occupational Therapy Assistants.......................................................................................... 1232

3300 Board of Veterinary Medicine................................................................................................... 1233

Executive Orders:

Number One: Ban on Gifts by Lobbyists and Vendors to Leaders of the Executive Branch.................. 1237

Number Two: Reallocation of State Private Activity Bond Volume Cap for Calendar Year 2008........... 1238

CALENDAR OF EVENTS/HEARING NOTICES

Delaware River Basin Commission, Notice of Public Hearing and Business Meeting................................... 1239

State Board of Education, Notice of Monthly Meeting.................................................................................... 1239

Dept. of Health and Social Services

Div. of Medicaid and Medical Assistance, Public Notice......................................................................... 1239

Dept. of Insurance, Notices of Public Comment Period.........................................................................1240 & 1241

Dept. of Natural Resources and Environmental Control

Div. of Air and Waste Management, Notice of Public Hearing ................................................................ 1242

Department of State, Div. of Professional Regulation

Board of Dietetics/Nutrition, Notice of Public Hearing.............................................................................. 1242





102 Delaware Health Information Network Regulations on Participation......................12 DE Reg. 540 (Prop.)

12 DE Reg. 979 (Final)

201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................12 DE Reg. 59 (Final)

Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach

to Identify and Control Water Loss..........................................................................12 DE Reg. 275 (Prop.)

Water Quality Regulations, Water Code and Comprehensive Plan to Classify the

Lower Delaware River as Special Protection Waters..............................................12 DE Reg. 310 (Final)

501 Regulations of the Delaware Solid Waste Authority................................................12 DE Reg. 375 (Prop.)

Delaware State Fire Prevention Regulations, Part IX, Fire Service Standards .............12 DE Reg. 6 (Prop.)

Part VIII, Fire Department and Ambulance Company Administrative Standards

Chapter 1................................................................................................................12 DE Reg. 278 (Prop.)

12 DE Reg. 926 (Final)

Part IX, Fire Service Standards, Chapter 4, Minimum Requirements of the

Establishment of Fire Companies and Sub Stations...............................................12 DE Reg. 436 (Final)

301 Violent Crimes Compensation Board Rules and Regulations.................................12 DE Reg. 546 (Prop.)

304 Exotic Animal Regulations................................................................................12 DE Reg. 388 (Prop.)

12 DE Reg. 1017(Prop.)

501 Harness Racing Rules and Regulations, 6.0 Type of Races

 and 8.0 Veterinary Practices, Equine Health Medication.................................12 DE Reg. 95 (Prop.)

12 DE Reg. 324 (Final)

12 DE Reg. 666 (Final)

501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race;

Section 10.0 Due Process and Disciplinary Action...........................................12 DE Reg. 554 (Prop.)

12 DE Reg. 1074 (Final)

501 Harness Racing Rules and Regulations, 9.0 Pari-Mutuel Wagering................12 DE Reg. 864 (Prop.)

1001 Thoroughbred Racing Rules and Regulations, 11.0 Entries, etc....................12 DE Reg. 394 (Prop.)

12 DE Reg. 667 (Final)

1001 Thoroughbred Racing Rules and Regulations, 13.0 Claiming Races............12 DE Reg. 201 (Final)





103 Accountability for Schools, Districts and the State............................................12 DE Reg. 202 (Final)

110 Teachers and Specialists Appraisal Process (Repeal) .....................................12 DE Reg. 204 (Rep.)

112 Addendum to Teachers and Specialists Appraisal Process (Repeal)...............12 DE Reg. 205 (Rep.)

115 School Level Administrator Appraisal Process (Repeal) .................................12 DE Reg. 207 (Rep.)

220 Diversity............................................................................................................12 DE Reg. 894 (Prop.)

230 Promotion.........................................................................................................12 DE Reg. 556 (Prop.)

12 DE Reg. 932 (Final)

240 Recruiting and Training of Professional Educators for Critical Curricular

Areas................................................................................................................12 DE Reg. 895 (Prop.)

245 Michael C. Ferguson Achievement Awards Scholarship..................................12 DE Reg. 398 (Prop.)

12 DE Reg. 780 (Final)

255 Definitions of Public School, Private School and Nonpublic School.................12 DE Reg. 108 (Prop.)

12 DE Reg. 668 (Final)

258 Federal Programs General Complaint Procedures ..........................................12 DE Reg. 208 (Final)

275 Charter Schools ...............................................................................................12 DE Reg. 211 (Final)

410 Satellite School Agreements.............................................................................12 DE Reg. 61 (Final)

502 Alignment of Local School District Curricula to the State Content Standards .12 DE Reg. 216 (Final)

505 High School Graduation Requirements and Diplomas.....................................12 DE Reg. 401 (Prop.)

12 DE Reg. 557 (Prop.)

12 DE Reg. 934 (Final)

506 Policies for Dual Enrollment and Awarding Dual Credit....................................12 DE Reg. 110 (Prop.)

12 DE Reg. 437 (Final)

525 Requirements for Career Technical Education Programs.................................12 DE Reg. 113 (Prop.)

12 DE Reg. 439 (Final)

12 DE Reg. 562 (Prop.)

12 DE Reg. 936 (Final)

540 Driver Education...............................................................................................12 DE Reg. 281 (Prop.)

12 DE Reg. 670 (Final)

603 Compliance with the Gun Free Schools Act.....................................................12 DE Reg. 9 (Prop.)

12 DE Reg. 325 (Final)

605 Student Rights and Responsibilities ................................................................12 DE Reg. 219 (Final)

608 Unsafe School Choice Option for Students in Persistently Dangerous

Schools and for Students who have been Victims of a Violent Felony .............12 DE Reg. 62 (Final)

611 Consortium Discipline Alternative Programs for Treatment of Severe

Discipline Problems...........................................................................................12 DE Reg. 707 (Prop.)

12 DE Reg. 1075 (Final)

612 Possession, Use or Distribution of Drugs and Alcohol.....................................12 DE Reg. 406 (Prop.)

12 DE Reg. 781 (Final)

615 School Attendance ...........................................................................................12 DE Reg. 221 (Final)

618 School Safety Audit..........................................................................................12 DE Reg. 711 (Prop.)

12 DE Reg. 1080 (Final)

620 School Crisis Response Plans, Repeal of........................................................12 DE Reg. 712 (Prop.)

12 DE Reg. 1081 (Final)

621 District and School Emergency Preparedness Policy.......................................12 DE Reg. 714 (Prop.)

12 DE Reg. 1082 (Final)

716 Maintenance of Local School District and Charter School Personnel Records12 DE Reg. 116 (Prop.)

12 DE Reg. 443 (Final)

737 Tuition Billing for Special Schools and Programs.............................................12 DE Reg. 566 (Prop.)

12 DE Reg. 940 (Final)

745 Criminal Background Check for Public School Related Employment...............12 DE Reg. 11 (Prop.)

12 DE Reg. 327 (Final)

746 Criminal Background Check for Student Teaching ..........................................12 DE Reg. 17 (Prop.)





746 Criminal Background Check for Student Teaching...........................................12 DE Reg. 329 (Final)

12 DE Reg. 1025(Prop.)

881 Releasing Students to Persons Other Than Their Parent, Guardian or 

Relative Caregiver............................................................................................12 DE Reg. 222 (Final)

901 Education of Homeless Children and Youth.....................................................12 DE Reg. 119 (Prop.)

12 DE Reg. 444 (Final)

915 James H. Groves High School ........................................................................12 DE Reg. 63 (Final)

925 Children with Disabilities Subpart D.................................................................12 DE Reg. 569 (Prop.)

12 DE Reg. 1084 (Final)

1105 School Transportation.....................................................................................12 DE Reg. 716 (Prop.)

12 DE Reg. 1086 (Final)

1502 Professional Growth Salary Increments.........................................................12 DE Reg. 572 (Prop.)

12 DE Reg. 942 (Final)

1506 Emergency Certificate....................................................................................12 DE Reg. 1027(Prop.)

1510 Issuance of Initial License..............................................................................12 DE Reg. 577 (Prop.)

12 DE Reg. 945 (Final)

1513 Denial of Licenses..........................................................................................12 DE Reg. 1031(Prop.)

1514 Revocation of Licenses and Certificates........................................................12 DE Reg. 1035(Prop.)

1531 Middle Level English Language Arts Teacher................................................12 DE Reg. 332 (Final)

1532 Middle Level Mathematics Teacher................................................................12 DE Reg. 333 (Final)

1533 Middle Level Science Teacher........................................................................12 DE Reg. 335 (Final)

1534 Middle Level Social Studies Teacher..............................................................12 DE Reg. 336 (Final)

1552 Career and Technical Specialist.....................................................................12 DE Reg. 338 (Final)

1559 Trade and Industrial Education Teacher.........................................................12 DE Reg. 584 (Prop.)

12 DE Reg. 952 (Final)

1561 Bilingual Teacher............................................................................................12 DE Reg. 339 (Final)

1562 English to Speakers of Other Languages (ESOL) Teacher............................12 DE Reg. 341 (Final)

1572 Teacher of Students Who Are Gifted and Talented.........................................12 DE Reg. 409 (Prop.)

12 DE Reg. 785 (Final)

1580 School Library Media Specialist.....................................................................12 DE Reg. 901 (Prop.)

1597 Delaware Professional Teaching Standards...................................................12 DE Reg. 904 (Prop.)

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

2100 Eligibility Criteria.............................................................................................12 DE Reg. 738 (Prop.)

3201 Skilled and Intermediate Care Nursing Facilities............................................12 DE Reg. 592 (Prop.)

12 DE Reg. 960 (Final)

DSSM:14900 Enrollment in Managed Care...........................................................12 DE Reg. 446 (Final)

15120.2 Financial Eligibility........................................................................12 DE Reg. 1044(Prop.)

16230.1.2 Self-Employment Income..........................................................12 DE Reg. 1044(Prop.)

16500.1 Eligibility Requirements................................................................12 DE Reg. 1044(Prop.)

17800 Medical Assistance During Transition to Medicare Program...........12 DE Reg. 270 (Emer)

12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

17900 Medicaid for Workers with Disabilities.............................................12 DE Reg. 446 (Final)

20700.6 - 20700.6.7, Attendant Services Waiver, Repeal of......................12 DE Reg. 740 (Prop.)

12 DE Reg. 1088 (Final)

20800 Long Term Care - Acute Care Program (SSI)..................................12 DE Reg. 123 (Prop.)

20810 Treatment of Couples in Medical Institutions...................................12 DE Reg. 224 (Final)

Pharmaceutical Services Program - Tamper-Resistant Prescription Pads.12 DE Reg. 20 (Prop.)

12 DE Reg. 342 (Final)





Title XIX Medicaid State Plan

Attachment 2.2-A, Page 18...............................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Attachment 2.2-A, Page 23C.............................................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Pages 12c through 12o.......................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Supplement 6......................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Medicaid Integrity Program, Page 79y (4.43)....................................................12 DE Reg. 226 (Final)

School-Based Health Services, Attachment 3.1-A............................................12 DE Reg. 228 (Final)

Third Party Data Exchange...............................................................................12 DE Reg. 65 (Final)

4202 Control of Communicable and Other Disease Conditions..............................12 DE Reg. 913 (Prop.)

4403 Free Standing Birthing Centers.......................................................................12 DE Reg. 235 (Final)

4406 Home Health Agencies, Aide Only (Licensure)..............................................12 DE Reg. 412 (Prop.)

4410 Skilled Home Health Agencies Licensure.......................................................12 DE Reg. 412 (Prop.)

DSSM1000 Responsibility for the Administration of Delaware’s Assistance 

Programs12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003 Confidentiality....................................................................................12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003.4 Court Appointed Special Advocate.................................................12 DE Reg. 743 (Prop.)

12 DE Reg. 1095 (Final)

3006 TANF Employment and Training Program.........................................12 DE Reg. 288 (Prop.)

12 DE Reg. 793 (Final)

5304.2 Nursing Facility Discharge Notice Hearings...................................12 DE Reg. 242 (Final)

5304.5 Jurisdiction for Hearings over Medicaid Program Services............12 DE Reg. 242 (Final)

9007.1 Citizenship and Alien Status ..........................................................12 DE Reg. 128 (Prop.)

12 DE Reg. 455 (Final)

9008 Residency..........................................................................................12 DE Reg. 1048(Prop.)

9029 Household Cooperation.....................................................................12 DE Reg. 918 (Prop.)

9044.1 Newly-Certified Households...........................................................12 DE Reg. 22 (Prop.)

12 DE Reg. 344 (Final)

9046 Definition of Resources......................................................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9049 Resources Excluded for Food Stamp Purposes................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9060 Income Deductions............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9064.4 Anticipating Expenses....................................................................12 DE Reg. 1051(Prop.)

9065 Calculating Net Income and Benefit Levels.......................................12 DE Reg. 1051(Prop.)

9068.1 Certification Period Length.............................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9085 Reporting Changes............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9086 Mass Changes...................................................................................12 DE Reg. 1051(Prop.)

9093 Electronic Benefit Transfer (EBT)......................................................12 DE Reg. 751 (Prop.)

12 DE Reg. 1092 (Final)

6001 Substance Abuse Facility Licensing Standards..............................................12 DE Reg. 464 (Final)

301 Audited Financial Reports [Formerly Regulation 50]...............................................12 DE Reg. 140 (Prop.)

12 DE Reg. 480 (Final)





606 Proof of Automobile Insurance................................................................................12 DE Reg. 23 (Prop.)

12 DE Reg. 346 (Final)

803 Workers’ Compensation Data Collection................................................................12 DE Reg. 610 (Prop.)

12 DE Reg. 973 (Final)

804 Workers’ Compensation Provision of Services Contracts.......................................12 DE Reg. 920 (Prop.)

1301 Internal Review, Arbitration and Independent Utilization Review of Health

Insurance Claims.....................................................................................................12 DE Reg. 611 (Prop.)

12 DE Reg. 974 (Final)

1311 Office of Anti-Discrimination Rules and Regulations......................................12 DE Reg. 158 (Prop.)

12 DE Reg. 797 (Final)

1341 Workers’ Compensation Regulations.............................................................12 DE Reg. 67 (Final)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories,

Section 9.0........................................................................................................12 DE Reg. 620 (Prop.)

12 DE Reg. 1097 (Final)

Section 11.0......................................................................................................12 DE Reg. 38 (Prop.)

12 DE Reg. 481 (Final)

1141 Limiting Emissions of Volatile Organic Compounds from Consurmer and

Commercial Products, Sections 2.0 and 4.0.....................................................12 DE Reg. 921 (Prop.)

1147 CO2 Budget Trading Program........................................................................12 DE Reg. 290 (Prop.)

12 DE Reg. 674 (Prop.)

1302 Regulations Governing Hazardous Waste.....................................................12 DE Reg. 413 (Prop.)

12 DE Reg. 808 (Final)

Administrative and Non-Substantive Changes in Regulations Governing the 

Control of Air Pollution (State Implementation Plans).......................................12 DE Reg. 29 (Prop.)

12 DE Reg. 347 (Final)

Division of Fish and Wildlife

3203 Seasons and Area Closed to Taking Horseshoe Crabs.................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3214 Horseshoe Crab Annual Harvest Limit...........................................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3311 Freshwater Fisherman Registry......................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)

3504 Striped Bass Possession Size Limit; Exceptions............................................12 DE Reg. 922 (Prop.)

3567 Tidal Water Fisherman Registry.....................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)

3901 Wildlife, Sections 3.0, 5.0, 7.0, 8.0, 20.0 and 21.0 ........................................12 DE Reg. 169 (Prop.)

12 DE Reg. 496 (Final)

3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdrawn)..............................12 DE Reg. 69 (Final)

7403 Regulations Governing the Pollution Control Strategy for the Indian River,

Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds........12 DE Reg. 677 (Final)

7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, DE........12 DE Reg. 425 (Prop.)

3400 Board of Examiners of Constables, Section 4.0 Employment........................12 DE Reg. 427 (Prop.)

12 DE Reg. 977 (Final)





3400 Board of Examiners of Constables, Sections 3.0 and 4.0..............................12 DE Reg. 629 (Prop.)

12 DE Reg. 977 (Final)

103 Family Child Care Homes............................................................................12 DE Reg. 810 (Final)

104 Large Family Child Care Homes......................................................................12 DE Reg. 810 (Final)

300 Board of Architects...........................................................................................12 DE Reg. 70 (Final)

400 Gaming Control Board, Regulations 401, 402, 403 and 404............................12 DE Reg. 357 (Final)

500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive)................12 DE Reg. 817 (Final)

1400 Board of Electrical Examiners, Sections 1.0 through 3.0, 5.0 through 7.0, 

and 15.0............................................................................................................12 DE Reg. 73 (Final)

1700 Board of Medical Practice, Section 30.0 Patient Records; Fee Schedule

for Copies..........................................................................................................12 DE Reg. 1053(Prop.)

2000 Board of Occupational Therapy Practice........................................................12 DE Reg. 631 (Prop.)

2500 Board of Pharmacy, Sections 11 and 18.........................................................12 DE Reg. 48 (Prop.)

2600 Examining Board of Physical Therapists and Athletic Trainers......................12 DE Reg. 53 (Prop.)

12 DE Reg. 503 (Final)

2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0,

Provider Responsibilities...................................................................................12 DE Reg. 74 (Final)

2930 Council on Real Estate Appraisers, Sections 2.0, 4.0 and 11.0.....................12 DE Reg. 753 (Prop.)

3100 Board of Funeral Services..............................................................................12 DE Reg. 633 (Prop.)

3300 Board of Veterinary Medicine..........................................................................12 DE Reg. 761 (Prop.)

3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience...12 DE Reg. 636 (Prop.)

12 DE Reg. 1108 (Final)

3900 Board of Clinical Social Work Examiners, Section 4.0 Professional

Supervision.......................................................................................................12 DE Reg. 775 (Prop.)

5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.........................12 DE Reg. 75 (Final)

8800 Boxing and Combative Sports Entertainment.................................................12 DE Reg. 637 (Prop.)

12 DE Reg. 1054(Prop.)

Uniform Controlled Substance Act Regulations.......................................................12 DE Reg. 301(Prop.)

1501 Equal Accommodations Regulations..............................................................12 DE Reg. 179 (Prop.)

(Renumbered to 601)12 DE Reg. 505 (Final)

1502 Fair Housing Regulations...............................................................................12 DE Reg. 179 (Prop.)

12 DE Reg. 814 (Final)

2401 Mortgage Loan Originator Licensing...............................................................12 DE Reg. 430 (Prop.)

12 DE Reg. 818 (Final)

3008 Rules and Procedures to Implement the Renewable Energy Portfolio

Standards Act (Opened August 23, 2005)........................................................12 DE Reg. 291 (Prop.)

12 DE Reg. 1110 (Final)

Docket No. 49: The Creation of a Competitive Market for Real Electric Supply

Service.............................................................................................................12 DE Reg. 518 (Final)

Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety

Compliance Program........................................................................................12 DE Reg. 655 (Prop.)

2101 Freedom of Information Act (FOIA)................................................................12 DE Reg. 245 (Final)





2213 Emergency Vehicle Operators, Age of EVO Permit Holders..........................12 DE Reg. 777 (Prop.)

12 DE Reg. 1114 (Final)

2221 Use of Translators..........................................................................................12 DE Reg. 77 (Final)

2222 School Bus Driver Qualifications and Endorsements12 DE Reg. 196 (Prop.)

12 DE Reg. 519 (Final)

Division of Transportation Solutions

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 1, 7, 8, and 9 ...........................................................................................12 DE Reg. 79 (Final)

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 2, 3 and 6.................................................................................................12 DE Reg. 56 (Prop.)

12 DE Reg. 358 (Final)

454 Procedures Governing Delaware Tourism Grant Program...............................12 DE Reg. 661 (Prop.)

12 DE Reg. 978 (Final)

State Employees’ Pension Plan, State Police Pension Plan, State Judiciary

Pension Plan, County Municipal Employees’ Pension Plan, and County and

Municipal Police/Firefighter Pension Plan ........................................................12 DE Reg. 359 (Final)





DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 312 and 1113; 

(18 Del.C. §311, §1113)

18 DE Admin. Code 1212

1212 Valuation of Life Insurance Policies





1.0Purpose

1.1The purpose of this regulation is to provide:

1.1.1Tables of select mortality factors and rules for their use;

1.1.2Rules concerning a minimum standard for the valuation of plans with non-level premiums or 
benefits; and

1.1.3Rules concerning a minimum standard for the valuation of plans with secondary guarantees.

1.2The method for calculating basic reserves defined in this regulation will constitute the Commissioners' 
Reserve Valuation Method for policies to which this regulation is applicable.

 5 DE Reg. 1470 (1/1/02)

2.0Authority

This regulation is issued under the authority of 18 Del.C. §§312, 1113 and 29 Del.C. Ch. 101.







3.0Applicability

3.1This regulation shall apply to all life insurance policies, with or without nonforfeiture values, issued on 
or after January 1, 2002, subject to the following exceptions and conditions.

3.2Exceptions

3.2.1This regulation shall not apply to any individual life insurance policy issued on or after January 1, 
2002 if the policy is issued in accordance with and as a result of the exercise of a reentry provision 
contained in the original life insurance policy of the same or greater face amount, issued before 
January 1, 2002, that guarantees the premium rates of the new policy. This regulation also shall 
not apply to subsequent policies issued as a result of the exercise of such a provision, or a 
derivation of the provision, in the new policy.

3.2.2This regulation shall not apply to any universal life policy that meets all the following requirements:

3.2.2.1Secondary guarantee period, if any, is five (5) years or less;

3.2.2.2Specified premium for the secondary guarantee period is not less than the net level 
reserve premium for the secondary guarantee period based on the CSO valuation tables 
as defined in Section 4F and the applicable valuation interest rate; and

3.2.2.3The initial surrender charge is not less than 100 percent of the first year annualized 
specified premium for the secondary guarantee period.

3.2.3This regulation shall not apply to any variable life insurance policy that provides for life insurance, 
the amount or duration of which varies according to the investment experience of any separate 
account or accounts.

3.2.4This regulation shall not apply to any variable universal life insurance policy that provides for life 
insurance, the amount or duration of which varies according to the investment experience of any 
separate account or accounts. 

3.2.5This regulation shall not apply to a group life insurance certificate unless the certificate provides for 
a stated or implied schedule of maximum gross premiums required in order to continue coverage 
in force for a period in excess of one year.

3.3Conditions

3.3.1Calculation of the minimum valuation standard for policies with guaranteed non-level gross 
premiums or guaranteed non-level benefits (other than universal life policies), or both, shall be in 
accordance with the provisions of Section 6.

3.3.2Calculation of the minimum valuation standard for flexible premium and fixed premium universal 
life insurance policies, that contain provisions resulting in the ability of a policyholder to keep a 
policy in force over a secondary guarantee period shall be in accordance with the provisions of 
Section 7.

 5 DE Reg. 1470 (1/1/02)

4.0Definitions

4.1For purposes of this regulation:

"1980 CSO valuation tables" means the Commissioners' 1980 Standard Ordinary Mortality Table 
(1980 CSO Table) without ten-year selection factors, incorporated into the 1980 amendments to the 
NAIC Standard Valuation Law, and variations of the 1980 CSO Table approved by the NAIC, such as 
the smoker and nonsmoker versions approved in December 1983. 

"Basic reserves" means reserves calculated in accordance with 18 Del.C. §1113(c).

"Contract segmentation method" means the method of dividing the period from issue to mandatory 
expiration of a policy into successive segments, with the length of each segment being defined as the 
period from the end of the prior segment (from policy inception, for the first segment) to the end of the 
latest policy year as determined below. All calculations are made using the 1980 CSO valuation tables, 
as defined in section 4.1.6 of this section, (or any other valuation mortality table adopted by the 







National Association of Insurance Commissioners (NAIC) after the effective date of this regulationJanuary 1, 2002, and promulgated by regulation by the commissioner for this purpose), and, if elected, 
the optional minimum mortality standard for deficiency reserves stipulated in section 5.2 of this 
regulation.

The length of a particular contract segment shall be set equal to the minimum of the value t for which 
Gt is greater than Rt (if Gt never exceeds Rt the segment length is deemed to be the number of years 
from the beginning of the segment to the mandatory expiration date of the policy), where Gt and Rt are 
defined as follows:

GPx+k+t

Gt = __________

GPx+k+t-1

where:

x =original issue age;

k =the number of years from the date of issue to the beginning of the segment;

t =1, 2, ...; t is reset to 1 at the beginning of each segment;

GPx+k+t-1 =Guaranteed gross premium per thousand of face amount for year t of the segment, 
ignoring policy fees only if level for the premium paying period of the policy.

qx+k+t

Rt =__________,However, Rt may be increased or

 qx+k+t-1decreased by one percent in any

policy year, at the company's

option, but Rt shall not be less than one;

where:

x, k and t are as defined above, and

qx+k+t-1 = valuation mortality rate for deficiency reserves in policy year k+t but using the mortality 
of Section 5B(2) if Section 5B(3) is elected for deficiency reserves.

However, if GPx+k+t is greater than 0 and GPx+k+t-1 is equal to 0, Gt shall be deemed to be 
1000. If GPx+k+t and GPx+k+t-1 are both equal to 0, Gt shall be deemed to be 0. 

"Deficiency reserves" means the excess, if greater than zero, of

(1) Minimum reserves calculated in accordance with 18 Del.C. §1113(g) over

(2) Basic reserves.

“Guaranteed gross premiums" means the premiums under a policy of life insurance that are 
guaranteed and determined at issue.

"Maximum valuation interest rates" means the interest rates defined in 18 Del.C. §1113(b)(3)
(Computation of Minimum Standard by Calendar Year of Issue) that are to be used in determining the 
minimum standard for the valuation of life insurance policies.

"Scheduled gross premium" means the smallest illustrated gross premium at issue for other than 
universal life insurance policies. For universal life insurance policies, scheduled gross premium means 
the smallest specified premium described in section 7.1.3, if any, or else the minimum premium 
described in Section 7.1.4.







"Segmented reserves" means reserves, calculated using segments produced by the contract 
segmentation method, equal to the present value of all future guaranteed benefits less the present 
value of all future net premiums to the mandatory expiration of a policy, where the net premiums within 
each segment are a uniform percentage of the respective guaranteed gross premiums within the 
segment.

(1)The uniform percentage for each segment is such that, at the beginning of the segment, the 
present value of the net premiums within the segment equals:

(a)The present value of the death benefits within the segment, plus

(b)The present value of any unusual guaranteed cash value (see section 6.4) occurring at the 
end of the segment, less

(c)Any unusual guaranteed cash value occurring at the start of the segment, plus

(d)For the first segment only, the excess of the Item (i) over Item (ii), as follows:

(i)A net level annual premium equal to the present value, at the date of issue, of the benefits 
provided for in the first segment after the first policy year, divided by the present value, at 
the date of issue, of an annuity of one per year payable on the first and each subsequent 
anniversary within the first segment on which a premium falls due. However, the net level 
annual premium shall not exceed the net level annual premium on the nineteen-year 
premium whole life plan of insurance of the same renewal year equivalent level amount at 
an age one year higher than the age at issue of the policy.

(ii)A net one year term premium for the benefits provided for in the first policy year.

(2)The length of each segment is determined by the "contract segmentation method," as defined in 
this section.

(3)The interest rates used in the present value calculations for any policy may not exceed the 
maximum valuation interest rate, determined with a guarantee duration equal to the sum of the 
lengths of all segments of the policy.

(4)For both basic reserves and deficiency reserves computed by the segmented method, present 
values shall include future benefits and net premiums in the current segment and in all subsequent 
segments.

“Tabular cost of insurance" means the net single premium at the beginning of a policy year for 
one-year term insurance in the amount of the guaranteed death benefit in that policy year.

"Ten-year select factors" means the select factors adopted with the 1980 amendments to the NAIC 
Standard Valuation Law.

"Unitary reserves" means the present value of all future guaranteed benefits less the present value of 
all future modified net premiums, where:

(a)Guaranteed benefits and modified net premiums are considered to the mandatory expiration 
of the policy; and 

(b)Modified net premiums are a uniform percentage of the respective guaranteed gross 
premiums, where the uniform percentage is such that, at issue, the present value of the net 
premiums equals the present value of all death benefits and pure endowments, plus the excess of 
Item (i) over Item (ii), as follows

(i)A net level annual premium equal to the present value, at the date of issue, of the benefits 
provided for after the first policy year, divided by the present value, at the date of issue, of 
an annuity of one per year payable on the first and each subsequent anniversary of the 
policy on which a premium falls due. However, the net level annual premium shall not 
exceed the net level annual premium on the nineteen-year premium whole life plan of 
insurance of the same renewal year equivalent level amount at an age one year higher 
than the age at issue of the policy.

(ii)A net one year term premium for the benefits provided for in the first policy year.

The interest rates used in the present value calculations for any policy may not exceed the 
maximum valuation interest rate, determined with a guarantee duration equal to the length from 
issue to the mandatory expiration of the policy.







"Universal life insurance policy" means any individual life insurance policy under the provisions of 
which separately identified interest credits (other than in connection with dividend accumulations, 
premium deposit funds, or other supplementary accounts) and mortality or expense charges are made 
to the policy.

5.0General Calculation Requirements for Basic Reserves and Premium Deficiency Reserves

5.1At the election of the company for any one or more specified plans of life insurance, the minimum 
mortality standard for basic reserves may be calculated using the 1980 CSO valuation tables with 
select mortality factors (or any other valuation mortality table adopted by the NAIC after the effective 
date of this regulation January 1, 2002, and promulgated by regulation by the commissioner for this 
purpose). If select mortality factors are elected, they may be:

5.1.1The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC 
Standard Valuation Law;

5.1.2The select mortality factors in the Appendix; or

5.1.3Any other table of select mortality factors adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner for the purpose of 
calculating basic reserves.

5.2Deficiency reserves, if any, are calculated for each policy as the excess, if greater than zero, of the 
quantity A over the basic reserve. The quantity A is obtained by recalculating the basic reserve for the 
policy using guaranteed gross premiums instead of net premiums when the guaranteed gross 
premiums are less than the corresponding net premiums. At the election of the company for any one or 
more specified plans of insurance, the quantity A and the corresponding net premiums used in the 
determination of quantity A may be based upon the 1980 CSO valuation tables with select mortality 
factors (or any other valuation mortality table adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner). If select mortality 
factors are elected, they may be:

5.2.1The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC 
Standard Valuation Law;

5.2.2The select mortality factors in the Appendix of this regulation;

5.2.3For durations in the first segment, X percent of the select mortality factors in the Appendix, subject 
to the following:

5.2.3.1X may vary by policy year, policy form, underwriting classification, issue age, or any other 
policy factor expected to affect mortality experience;

5.2.3.2X shall not be less than twenty percent (20%);

5.2.3.3X shall not decrease in any successive policy years;

5.2.3.42X is such that, when using the valuation interest rate used for basic reserves, Item 
5.2.3.4.1 is greater than or equal to Item 5.2.3.4.1.2;

5.2.3.42.1The actuarial present value of future death benefits, calculated using the mortality 
rates resulting from the application of X;

5.2.3.42.2The actuarial present value of future death benefits calculated using anticipated 
mortality experience without recognition of mortality improvement beyond the 
valuation date;

5.2.3.53X is such that the mortality rates resulting from the application of X are at least as great as 
the anticipated mortality experience, without recognition of mortality improvement beyond 
the valuation date, in each of the first five (5) years after the valuation date;

5.2.3.64The appointed actuary shall increase X at any valuation date where it is necessary to 
continue to meet all the requirements of section 5.2.3;

5.2.3.75The appointed actuary may decrease X at any valuation date as long as X does not 
decrease in any successive policy years and as long as it continues to meet all the 
requirements of section 5.2.3; and

5.2.3.86The appointed actuary shall specifically take into account the adverse effect on expected 
mortality and lapsation of any anticipated or actual increase in gross premiums.







5.2.3.97If X is less than 100 percent at any duration for any policy, the following requirements shall 
be met:

5.2.3.97.1The appointed actuary shall annually prepare an actuarial opinion and memorandum 
for the company in conformance with the requirements of 18 Del.C. §1111(c); and

5.2.3.7.2The appointed actuary shall disclose, in the regulatory asset adequacy issues 
summary, the impact of the insufficiency of assets to support the payment of benefits 
and expenses and the establishment of statutory reserves during one or more interim 
periods; and

5.2.3.9.27.3The appointed actuary shall annually opine for all policies subject to this regulation as 
to whether the mortality rates resulting from the application of X meet the 
requirements of section 5.2.3. This opinion shall be supported by an actuarial report, 
subject to appropriate Actuarial Standards of Practice promulgated by the Actuarial 
Standards Board of the American Academy of Actuaries. The X factors shall reflect 
anticipated future mortality, without recognition of mortality improvement beyond the 
valuation date, taking into account relevant emerging experience.

5.2.4Any other table of select mortality factors adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner for the purpose of 
calculating deficiency reserves.

5.3This subsection applies to both basic reserves and deficiency reserves. Any set of select mortality 
factors may be used only for the first segment. However, if the first segment is less than ten (10) years, 
the appropriate ten-year select mortality factors incorporated into the 1980 amendments to the NAIC 
Standard Valuation Law may be used thereafter through the tenth policy year from the date of issue.

5.4In determining basic reserves or deficiency reserves, guaranteed gross premiums without policy fees 
may be used where the calculation involves the guaranteed gross premium but only if the policy fee is 
a level dollar amount after the first policy year. In determining deficiency reserves, policy fees may be 
included in guaranteed gross premiums, even if not included in the actual calculation of basic 
reserves.

5.5Reserves for policies that have changes to guaranteed gross premiums, guaranteed benefits, 
guaranteed charges, or guaranteed credits that are unilaterally made by the insurer after issue and 
that are effective for more than one year after the date of the change shall be the greatest of the 
following: (1) reserves calculated ignoring the guarantee, (2) reserves assuming the guarantee was 
made at issue, and (3) reserves assuming that the policy was issued on the date of the guarantee.

5.6The commissioner may require that the company document the extent of the adequacy of reserves for 
specified blocks, including but not limited to policies issued prior to the effective date of this regulationJanuary 1, 2002. This documentation may include a demonstration of the extent to which aggregation 
with other non-specified blocks of business is relied upon in the formation of the appointed actuary 
opinion pursuant to and consistent with the requirements of 18 Del.C. §1111(c).

 5 DE Reg. 1470 (1/1/02)

6.0Calculation of Minimum Valuation Standard for Policies with Guaranteed Non-level Gross 
Premiums or Guaranteed Non-level Benefits (Other than Universal Life Policies)

6.1Basic Reserves

6.1.1Basic reserves shall be calculated as the greater of the segmented reserves and the unitary 
reserves. Both the segmented reserves and the unitary reserves for any policy shall use the same 
valuation mortality table and selection factors. At the option of the insurer, in calculating 
segmented reserves and net premiums, either of the adjustments described in sections 6.1.1.1 or 
6.1.1.2 below may be made:

6.1.1.1Treat the unitary reserve, if greater than zero, applicable at the end of each segment as a 
pure endowment and subtract the unitary reserve, if greater than zero, applicable at the 
beginning of each segment from the present value of guaranteed life insurance and 
endowment benefits for each segment.







6.1.1.2Treat the guaranteed cash surrender value, if greater than zero, applicable at the end of 
each segment as a pure endowment; and subtract the guaranteed cash surrender value, if 
greater than zero, applicable at the beginning of each segment from the present value of 
guaranteed life insurance and endowment benefits for each segment.

6.2Deficiency Reserves

6.2.1The deficiency reserve at any duration shall be calculated:

6.2.1.1On a unitary basis if the corresponding basic reserve determined by Subsection A is 
unitary;

6.2.1.2On a segmented basis if the corresponding basic reserve determined by section 6.1 is 
segmented; or

6.2.1.3On the segmented basis if the corresponding basic reserve determined by section 6.1 is 
equal to both the segmented reserve and the unitary reserve.

6.2.2This subsection shall apply to any policy for which the guaranteed gross premium at any duration 
is less than the corresponding modified net premium calculated by the method used in determining 
the basic reserves, but using the minimum valuation standards of mortality (specified in section 
5.2) and rate of interest.

6.2.3Deficiency reserves, if any, shall be calculated for each policy as the excess if greater than zero, 
for the current and all remaining periods, of the quantity A over the basic reserve, where A is 
obtained as indicated in section 5.2.

6.2.4For deficiency reserves determined on a segmented basis, the quantity A is determined using 
segment lengths equal to those determined for segmented basic reserves.

6.3Minimum Value

6.3.1Basic reserves may not be less than the tabular cost of insurance for the balance of the policy 
year, if mean reserves are used. Basic reserves may not be less than the tabular cost of insurance 
for the balance of the current modal period or to the paid-to-date, if later, but not beyond the next 
policy anniversary, if mid-terminal reserves are used. The tabular cost of insurance shall use the 
same valuation mortality table and interest rates as that used for the calculation of the segmented 
reserves. However, if select mortality factors are used, they shall be the ten-year select factors 
incorporated into the 1980 amendments of the NAIC Standard Valuation Law. In no case may total 
reserves (including basic reserves, deficiency reserves and any reserves held for supplemental 
benefits that would expire upon contract termination) be less than the amount that the policy owner 
would receive (including the cash surrender value of the supplemental benefits, if any, referred to 
above), exclusive of any deduction for policy loans, upon termination of the policy.

6.4Unusual Pattern of Guaranteed Cash Surrender Values

6.4.1For any policy with an unusual pattern of guaranteed cash surrender values, the reserves actually 
held prior to the first unusual guaranteed cash surrender value shall not be less than the reserves 
calculated by treating the first unusual guaranteed cash surrender value as a pure endowment and 
treating the policy as an n year policy providing term insurance plus a pure endowment equal to 
the unusual cash surrender value, where n is the number of years from the date of issue to the 
date the unusual cash surrender value is scheduled.

6.4.2The reserves actually held subsequent to any unusual guaranteed cash surrender value shall not 
be less than the reserves calculated by treating the policy as an n year policy providing term 
insurance plus a pure endowment equal to the next unusual guaranteed cash surrender value, 
and treating any unusual guaranteed cash surrender value at the end of the prior segment as a net 
single premium, where

6.4.2.1In is the number of years from the date of the last unusual guaranteed cash surrender 
value prior to the valuation date to the earlier of:

6.4.2.1.1The date of the next unusual guaranteed cash surrender value, if any, that is 
scheduled after the valuation date; or

6.4.2.1.2The mandatory expiration date of the policy; and







6.4.2.2The net premium for a given year during the n year period is equal to the product of the net 
to gross ratio and the respective gross premium; and

6.4.2.3The net to gross ratio is equal to Item (i) divided by Item (ii) as follows:

6.4.2.3.1The present value, at the beginning of the n year period, of death benefits payable 
during the n year period plus the present value, at the beginning of the n year period, 
of the next unusual guaranteed cash surrender value, if any, minus the amount of the 
last unusual guaranteed cash surrender value, if any, scheduled at the beginning of 
the n year period.

6.4.2.3.2The present value, at the beginning of the n year period, of the scheduled gross 
premiums payable during the n year period.

6.4.3For purposes of this subsection, a policy is considered to have an unusual pattern of guaranteed 
cash surrender values if any future guaranteed cash surrender value exceeds the prior year's 
guaranteed cash surrender value by more than the sum of:

6.4.3.1One hundred ten percent (110%) of the scheduled gross premium for that year;

6.4.3.2One hundred ten percent (110%) of one year's accrued interest on the sum of the prior 
year's guaranteed cash surrender value and the scheduled gross premium using the 
nonforfeiture interest rate used for calculating policy guaranteed cash surrender values; 
and

6.4.3.3Five percent (5%) of the first policy year surrender charge, if any.

6.5Optional Exemption for Yearly Renewable Term Reinsurance. At the option of the company, the 
following approach for reserves on YRT reinsurance may be used:

6.5.1Calculate the valuation net premium for each future policy year as the tabular cost of insurance for 
that future year.

6.5.2Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as 
defined in section 6.3.

6.5.3Deficiency reserves.

6.5.3.1For each policy year, calculate the excess, if greater than zero, of the valuation net 
premium over the respective maximum guaranteed gross premium.

6.5.3.2Deficiency reserves shall never be less than the sum of the present values, at the date of 
valuation, of the excesses determined in accordance with section 6.5.3.1 above.

6.5.4For purposes of this subsection, the calculations use the maximum valuation interest rate and the 
1980 CSO mortality tables with or without ten-year select mortality factors, or any other table 
adopted after the effective date of this regulation January 1, 2002, by the NAIC and promulgated 
by regulation by the commissioner for this purpose.

6.5.5A reinsurance agreement shall be considered YRT reinsurance for purposes of this subsection if 
only the mortality risk is reinsured.

6.5.6If the assuming company chooses this optional exemption, the ceding company's reinsurance 
reserve credit shall be limited to the amount of reserve held by the assuming company for the 
affected policies.

6.6Optional Exemption for Attained-Age-Based Yearly Renewable Term Life Insurance Policies. At the 
option of the company, the following approach for reserves for attained-age-based YRT life insurance 
policies may be used:

6.6.1Calculate the valuation net premium for each future policy year as the tabular cost of insurance for 
that future year.

6.6.2Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as 
defined in section 6.3.

6.6.3Deficiency reserves.

6.6.3.1For each policy year, calculate the excess, if greater than zero, of the valuation net 
premium over the respective maximum guaranteed gross premium.







6.6.3.2Deficiency reserves shall never be less than the sum of the present values, at the date of 
valuation, of the excesses determined in accordance with section 6.6.3.1 above.

6.6.4For purposes of this subsection, the calculations use the maximum valuation interest rate and the 
1980 CSO valuation tables with or without ten-year select mortality factors, or any other table 
adopted after the effective date of this regulation January 1, 2002, by the NAIC and promulgated 
by regulation by the commissioner for this purpose.

6.6.5A policy shall be considered an attained-age-based YRT life insurance policy for purposes of this 
subsection if:

6.6.5.1The premium rates (on both the initial current premium scale and the guaranteed 
maximum premium scale) are based upon the attained age of the insured such that the 
rate for any given policy at a given attained age of the insured is independent of the year 
the policy was issued; and

6.6.5.2The premium rates (on both the initial current premium scale and the guaranteed 
maximum premium scale) are the same as the premium rates for policies covering all 
insureds of the same sex, risk class, plan of insurance and attained age.

6.6.6For policies that become attained-age-based YRT policies after an initial period of coverage, the 
approach of this subsection may be used after the initial period if:

6.6.6.1The initial period is constant for all insureds of the same sex, risk class and plan of 
insurance; or

6.6.6.2The initial period runs to a common attained age for all insureds of the same sex, risk class 
and plan of insurance; and

6.6.6.3After the initial period of coverage, the policy meets the conditions of Paragraph 6.6.5 
above.

6.6.7If this election is made, this approach shall be applied in determining reserves for all 
attained-age-based YRT life insurance policies issued on or after the effective date of this 
regulation January 1, 2002,.

6.7Exemption from Unitary Reserves for Certain n-Year Renewable Term Life Insurance Polices. Unitary 
basic reserves and unitary deficiency reserves need not be calculated for a policy if the following 
conditions are met:

6.7.1The policy consists of a series of n-year periods, including the first period and all renewal periods, 
where n is the same for each period, except that for the final renewal period, n may be truncated or 
extended to reach the expiry age, provided that this final renewal period is less than 10 years and 
less than twice the size of the earlier n-year periods, and for each period, the premium rates on 
both the initial current premium scale and the guaranteed maximum premium scale are level;

6.7.2The guaranteed gross premiums in all n-year periods are not less than the corresponding net 
premiums based upon the 1980 CSO Table with or without the ten-year select mortality factors; 
and

6.7.3There are no cash surrender values in any policy year.

6.8Exemption from Unitary Reserves for Certain Juvenile Policies

6.8.1Unitary basic reserves and unitary deficiency reserves need not be calculated for a policy if the 
following conditions are met, based upon the initial current premium scale at issue:

6.8.1.1At issue, the insured is age twenty-four (24) or younger;

6.8.1.2Until the insured reaches the end of the juvenile period, which shall occur at or before age 
twenty-five (25), the gross premiums and death benefits are level, and there are no cash 
surrender values; and

6.8.1.3After the end of the juvenile period, gross premiums are level for the remainder of the 
premium paying period, and death benefits are level for the remainder of the life of the 
policy.

 5 DE Reg. 1470 (1/1/02)







7.0Calculation of Minimum Valuation Standard for Flexible Premium and Fixed Premium Universal Life 
Insurance Policies That Contain Provisions Resulting in the Ability of a Policy owner to Keep a Policy in 
Force Over a Secondary Guarantee Period

7.1General

7.1.1Policies with a secondary guarantee include:

7.1.1.1A policy with a guarantee that the policy will remain in force at the original schedule of 
benefits, subject only to the payment of specified premiums;

7.1.1.2A policy in which the minimum premium at any duration is less than the corresponding one 
year valuation premium, calculated using the maximum valuation interest rate and the 
1980 CSO valuation tables with or without ten-year select mortality factors, or any other 
table adopted after the effective date of this regulation January 1, 2002, by the NAIC and 
promulgated by regulation by the commissioner for this purpose; or

7.1.1.3A policy with any combination of sections 7.1.1.1 and 7.1.1.2.

7.1.2A secondary guarantee period is the period for which the policy is guaranteed to remain in force 
subject only to a secondary guarantee. When a policy contains more than one secondary 
guarantee, the minimum reserve shall be the greatest of the respective minimum reserves at that 
valuation date of each unexpired secondary guarantee, ignoring all other secondary guarantees. 
Secondary guarantees that are unilaterally changed by the insurer after issue shall be considered 
to have been made at issue. Reserves described in 7.1.2 and 7.1.3 below shall be recalculated 
from issue to reflect these changes.

7.1.3Specified premiums mean the premiums specified in the policy, the payment of which guarantees 
that the policy will remain in force at the original schedule of benefits, but which otherwise would 
be insufficient to keep the policy in force in the absence of the guarantee if maximum mortality and 
expense charges and minimum interest credits were made and any applicable surrender charges 
were assessed.

7.1.4For purposes of this section, the minimum premium for any policy year is the premium that, when 
paid into a policy with a zero account value at the beginning of the policy year, produces a zero 
account value at the end of the policy year. The minimum premium calculation shall use the policy 
cost factors (including mortality charges, loads and expense charges) and the interest crediting 
rate, which are all guaranteed at issue.

7.1.5The one-year valuation premium means the net one-year premium based upon the original 
schedule of benefits for a given policy year. The one-year valuation premiums for all policy years 
are calculated at issue. The select mortality factors defined in sections 5.2.2, 5.2.3 and 5.2.4 may 
not be used to calculate the one-year valuation premiums.

7.1.6The one-year valuation premium should reflect the frequency of fund processing, as well as the 
distribution of deaths assumption employed in the calculation of the monthly mortality charges to 
the fund.

7.2Basic reserves for the secondary guarantees shall be the segmented reserves for the secondary 
guarantee period. In calculating the segments and the segmented reserves, the gross premiums shall 
be set equal to the specified premiums, if any, or otherwise to the minimum premiums, that keep the 
policy in force and the segments will be determined according to the contract segmentation method as 
defined in section 4.1.2.

7.3Deficiency reserves, if any, for the secondary guarantees shall be calculated for the secondary 
guarantee period in the same manner as described in section 6.2 with gross premiums set equal to the 
specified premiums, if any, or otherwise to the minimum premiums that keep the policy in force.

7.4The minimum reserves during the secondary guarantee period are the greater of:

7.4.1The basic reserves for the secondary guarantee plus the deficiency reserve, if any, for the 
secondary guarantees; or

7.4.2 The minimum reserves required by other rules or regulations governing universal life plans.

 5 DE Reg. 1470 (1/1/02)







8.0Effective Date

This regulation shall become effective ten days after publication in the Register of Regulations on 
January 15, 2002 for valuations on or after December 31, 2008.

 5 DE Reg. 1470 (1/1/02)





DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 312 and 1113; 

(18 Del.C. §311, §1113)

18 DE Admin. Code 1215

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities







1.0Authority

1.1This regulation is promulgated by the Commissioner of Insurance pursuant to 18 Del.C. §§311 and 
1113 and Sections 5.1 and 5.2 of 18 DE Admin. Code 1212 (referred to as “Regulation 1212”).

2.0Purpose

2.1The purpose of this regulation is to recognize, permit and prescribe the use of mortality tables that 
reflect differences in mortality between preferred and standard lives in determining minimum reserve 
liabilities in accordance with 18 Del.C. §§311 and 1113 and Sections 5.1 and 5.2 of Regulation 1212.

3.0Definitions

“2001 CSO Mortality Table” means that mortality table, consisting of separate rates of mortality for 
male and female lives, developed by the American Academy of Actuaries CSO Task Force from the 
Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life Insurance 
Valuation Mortality Task Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality 
Table is included in the Proceedings of the NAIC (2nd Quarter 2002) and supplemented by the 2001 
CSO Preferred Class Structure Mortality Table defined below. Unless the context indicates otherwise, 
the “2001 CSO Mortality Table” includes both the ultimate form of that table and the select and ultimate 
form of that table and includes both the smoker and nonsmoker mortality tables and the composite 
mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the 
mortality tables. Mortality tables in the 2001 CSO Mortality Table include the following:

(1)“2001 CSO Mortality Table (F)” means that mortality table consisting of the rates of 
mortality for female lives from the 2001 CSO Mortality Table.

(2)“2001 CSO Mortality Table (M)” means that mortality table consisting of the rates of 
mortality for male lives from the 2001 CSO Mortality Table.

(3)“Composite mortality tables” means mortality tables with rates of mortality that do not 
distinguish between smokers and nonsmokers.

(4)“Smoker and nonsmoker mortality tables” means mortality tables with separate rates of 
mortality for smokers and nonsmokers.

“2001 CSO Preferred Class Structure Mortality Table” means mortality tables with separate rates of 
mortality for Super Preferred Nonsmokers, Preferred Nonsmokers, Residual Standard Nonsmokers, 
Preferred Smokers, and Residual Standard Smoker splits of the 2001 CSO Nonsmoker and Smoker 
tables as adopted by the NAIC at the September, 2006 national meeting and published in the NAIC 
Proceedings {3rd Quarter 2006}. Unless the context indicates otherwise, the “2001 CSO Preferred 
Class Structure Mortality Table” includes both the ultimate form of that table and the select and ultimate 
form of that table. It includes both the smoker and nonsmoker mortality tables. It includes both the 
male and female mortality tables and the gender composite mortality tables. It also includes both the 
age-nearest-birthday and age-last-birthday bases of the mortality table. 









“Statistical agent” means an entity with proven systems for protecting the confidentiality of individual 
insured and insurer information; demonstrated resources for and history of ongoing electronic 
communications and data transfer ensuring data integrity with insurers, which are its members or 
subscribers; and a history of and means for aggregation of data and accurate promulgation of the 
experience modifications in a timely manner.

4.02001 CSO Preferred Class Structure Table

4.1At the election of the company, for each calendar year of issue, for any one or more specified plans of 
insurance and subject to satisfying the conditions stated in this regulation, the 2001 CSO Preferred 
Class Structure Mortality Table may be substituted in place of the 2001 CSO Smoker or Nonsmoker 
Mortality Table as the minimum valuation standard for policies issued on or after January 1, 2007, or 
with the consent of the Commissioner, January 1, 2004. No such election shall be made until the 
company demonstrates at least 20% of the business to be valued on this table is in one or more of the 
preferred classes. A table from the 2001 CSO Preferred Class Structure Mortality Table used in place 
of a 2001 CSO Mortality Table, pursuant to the requirements of this rule, will be treated as part of the 
2001 CSO Mortality Table only for purposes of reserve valuation pursuant to the requirements of the 
NAIC model regulation, “Recognition of the 2001 CSO Mortality Table For Use In Determining 
Minimum Reserve Liabilities And Nonforfeiture Benefits Model Regulation.”

5.0Conditions

5.1For each plan of insurance with separate rates for Preferred and Standard Nonsmoker lives, an insurer 
may use the Super Preferred Nonsmoker, Preferred Nonsmoker, and Residual Standard Nonsmoker 
tables to substitute for the Nonsmoker mortality table found in the 2001 CSO Mortality Table to 
determine minimum reserves. At the time of election and annually thereafter, except for business 
valued under the Residual Standard Nonsmoker Table, the appointed actuary shall certify that:

5.1.1The present value of death benefits over the next ten years after the valuation date, using the 
anticipated mortality experience without recognition of mortality improvement beyond the valuation 
date for each class, is less than the present value of death benefits using the valuation basic table 
corresponding to the valuation table being used for that class.

5.1.2The present value of death benefits over the future life of the contracts, using anticipated mortality 
experience without recognition of mortality improvement beyond the valuation date for each class, 
is less than the present value of death benefits using the valuation basic table corresponding to 
the valuation table being used for that class.

5.2For each plan of insurance with separate rates for Preferred and Standard Smoker lives, an insurer 
may use the Preferred Smoker and Residual Standard Smoker tables to substitute for the Smoker 
mortality table found in the 2001 CSO Mortality Table to determine minimum reserves. At the time of 
election and annually thereafter, for business valued under the Preferred Smoker Table, the appointed 
actuary shall certify that:

5.2.1The present value of death benefits over the next ten years after the valuation date, using the 
anticipated mortality experience without recognition of mortality improvement beyond the valuation 
date for each class, is less than the present value of death benefits using the Preferred Smoker 
valuation basis table corresponding to the valuation table being used for that class.

5.2.2The present value of death benefits over the future life of the contracts, using anticipated mortality 
experience without recognition of mortality improvement beyond the valuation date for each class, 
is less than the present value of death benefits using the Preferred Smoker valuation basic table.

5.3Unless exempted by the commissioner, every authorized insurer using the 2001 CSO Preferred Class 
Structure Table shall annually file with the commissioner, with the NAIC, or with a statistical agent 
designated by the NAIC and acceptable to the commissioner, statistical reports showing mortality and 
such other information as the commissioner may deem necessary or expedient for the administration 
of the provisions of this regulation. The form of the reports shall be established by the commissioner or 
the commissioner may require the use of a form established by the NAIC or by a statistical agent 
designated by the NAIC and acceptable to the commissioner.









6.0Separability

6.1If any provision of this regulation or its application to any person or circumstance is for any reason held 
to be invalid, the remainder of the regulation and the application of the provision to other persons or 
circumstances shall not be affected.

7.0Effective Date

7.1The effective date of this regulation shall be February 11, 2007 10 days after execution by the 
Commissioner and effective for valuations on and after December 31, 2008.

10 DE Reg. 1306 (02/01/07)









DELAWARE VIOLENT CRIMES COMPENSATION BOARD
ADMINISTRATIVE OFFICE OF THE COURTS
Statutory Authority: 11 Delaware Code, Section 9004 (11 Del.C. §9004)







301 Violent Crimes Compensation Board Rules and Regulations
26.0Mental Health Practitioner Qualifications/Licensure Counseling (Formerly Rule XXIX)

26.1Awards-

26.1.1The Board defines the maximum award. The amount shall not exceed $7500, per victim whether 
primary and/or secondary.

26.1.2Benefits remain in affect until maximum allowed compensation has been reached.

26.1.3Exception: Maximum Award

26.1.3.1There are separate benefits awarded under CCAP (Section 4.0)

26.1.4The Board pays mental health provider claims at 80% of charges.

26.1.5Effective 1/1/2009 reopen cases before the Board will be given a $7500 mental health benefit for 
both primary and secondary victims.

26.2Applicable Definitions

23.2.1Victim: shall mean a person who is injured or killed by the act of any other person during the 
commission of a crime.

26.2.2Secondary Victim: shall mean any parent, stepparent, grandparent, son, daughter, spouse, sibling, 
half sibling, fiancée, caretaker, of the victim, latch-key child, any child who resides on a regular or 
semi-regular basis with any adult who is the victim of, or convicted of, any crime involving an act of 
domestic violence; the parents of a victim's spouse; or any other person who resided in the victim's 
household at the time of the crime or at the time of the discovery of the crime.

26.2.3Child: shall mean an unmarried person who is under eighteen years of age, and shall include the 
step-child or adopted child of the victim, or child conceived prior to, but born after, the personal 
injury or death of the victim.

26.2.4CCAP: A program of assessment and counseling applied to those who meet the following criteria: 
(further defined in Section 4.0)

26.2.4.1The definition of a child

26.2.4.2The definition of a victim

26.2.4.3The definition of a secondary victim

26.3Application and Approval Process

26.3.1All applicants must comply with requirements defined in Operating Procedure 01 when initiating a 
claim for Mental Health awards.

26.3.2The Board reviews the application and records their findings.

26.3.3If request is granted and compensation awarded, the claim in accordance with internal 
administrative procedures, is processed.

26.4Child Counseling Program (CCAP)

26.4.1Applicable to children (Refer to Section 2.0 definitions)

26.4.2Applicable to either/both primary and secondary victims.

26.4.3Award includes both evaluation and short term counseling.

26.4.4Compensation scale:

26.4.4.1Maximum of $350.00 for child psychological assessment

26.4.4.2Maximum of $850 for outpatient therapy, utilizing an $85.00 per session standard.

26.4.5Any request for additional counseling will be reviewed for consideration upon receipt of the 
required application form.

26.5Mental Health Providers

26.5.1Claims for service must be submitted on the form (HCFA 1500) approved by and dedicated for 
reimbursement by the VCCB.







26.5.2All claims for reimbursement must be accompanied by the Dedicated VCCB form (Mental Health 
Treatment)

26.6Mental Health Practitioners

26.6.1To be eligible for crime victim's compensation for mental health counseling treatment, within and 
without the State of Delaware, a practitioner possessing an advanced degree in an applied mental 
health discipline must provide treatment. The advanced degree should be in Psychiatry, 
Psychology, Social Work, Counseling, or Psychiatric Nursing.

26.6.2To be eligible for crime victim's compensation for adult psychological assessments, within and 
without the State of Delaware, a licensed psychologist or a licensed psychiatrist must perform the 
assessment unless waived by the Board.

26.6.3To be eligible for crime victim's compensation for child psychological assessments, within and 
without the State of Delaware, a licensed child psychologist or a licensed child psychiatrist must 
perform the assessment unless waived by the Board.

26.6.4To be eligible for crime victim's compensation for mental health counseling treatment in the State 
of Delaware, a licensed mental health practitioner must provide services. The five disciplines 
recognized by the Violent Crimes Compensation Board for payment of mental health counseling 
benefits is: Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, 
Licensed Mental Health Counselor, and Licensed Clinical Nurse Specialist.

26.6.5Payment for mental health treatment received outside the State of Delaware will be evaluated for 
practitioner's licensure on a case-by-case basis by the Violent Crimes Compensation Board.

26.6.6The Violent Crimes Compensation Board may consider payment for mental health counseling 
services rendered by an unlicensed provider if the provider is practicing under the direct 
supervision of a licensed practitioner in one of the disciplines recognized by the Violent Crimes 
Compensation Board, as set forth in paragraph one, sentence two. The Violent Crimes 
Compensation Board will decide claims for payment of services rendered by an unlicensed 
practitioner on a case-by-case basis.

 2 DE Reg. 1670 (3/1/99)

29.0Funeral - Burial Awards (Formerly Rule XXVII)

29.1The aggregate award for funeral and burial shall not exceed $8,500.00 Aggregate Awards

29.1.1The Board defines the maximum award. The amount shall not exceed $8500.

29.1.2The Board has established further limitations on specific expenditures that when calculated shall 
be included in and not exceed the total aggregate. The permitted expenses are:

29.1.2.1Funeral expense. This shall include flowers and cremation

29.1.2.2Opening/closing of grave

29.1.2.3Purchase of cemetery plot

29.1.2.4Grave marker

29.1.2.5Local transportation of remains 

Note: Compensation shall only be awarded for one funeral service

29.1.3Supplemental Awards (excluding the base aggregate of $8500)

29.1.3.1Long distance transportation either via air or ground of the deceased to the final burial 
destination

29.1.3.2Transportation of one accompanying member if required by laws of the country or entity of 
final destination

29.1.4Exclusion

29.1.4.1Excluding mental health counseling, reasonable expenses for secondary victims shall not 
be considered as part of the funeral and burial awards process. 







29.2Application Requirements

29.2.1Claimant must meet the basic criteria and application standards defined by the Violent Crimes 
Compensation Board.

29.2.2Supplemental, required documents shall also include:

29.2.2.1A police report as completed by the investigating law enforcement agency

29.2.2.2-A copy of the official death certificate

Note: Applicant shall when possible, solicit support in completing the VCCB application 
form from the law enforcement agency charged with investigating the crime.

29.3Service Providers

29.3.1The Board must receive specific information from all service providers to process claims. This 
shall include but not limited to:

29.3.1.1A detailed list and expense breakdown of services provided. Those specifics must be 
recorded on documents or stationary bearing the name and all relevant contact 
information for said business.

29.3.1.2All documents submitted in support of a claim, must reflect the name of the victim as 
recipient of the services. In addition, should the claim be filed on behalf of the deceased, 
the document must also reflect the name of the person actually filing the claim and who 
has assumed responsibility for that process.

29.4Emergency Claims

29.4.1The Board will make an emergency award only upon showing of dire necessity. The claimant, 
must, in writing request an emergency award when submitting their claims form and show just 
cause as to why an award should be considered. No such award will be made until the police 
report is acquired.





DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)









14710Income







DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 312 and 1113; 

(18 Del.C. §311, §1113)

18 DE Admin. Code 1212

1212 Valuation of Life Insurance Policies







1.0Purpose

1.1The purpose of this regulation is to provide:

1.1.1Tables of select mortality factors and rules for their use;

1.1.2Rules concerning a minimum standard for the valuation of plans with non-level premiums or 
benefits; and

1.1.3Rules concerning a minimum standard for the valuation of plans with secondary guarantees.

1.2The method for calculating basic reserves defined in this regulation will constitute the Commissioners' 
Reserve Valuation Method for policies to which this regulation is applicable.

 5 DE Reg. 1470 (1/1/02)

2.0Authority

This regulation is issued under the authority of 18 Del.C. §§312, 1113 and 29 Del.C. Ch. 101.

3.0Applicability

3.1This regulation shall apply to all life insurance policies, with or without nonforfeiture values, issued on 
or after January 1, 2002, subject to the following exceptions and conditions.

3.2Exceptions

3.2.1This regulation shall not apply to any individual life insurance policy issued on or after January 1, 
2002 if the policy is issued in accordance with and as a result of the exercise of a reentry provision 
contained in the original life insurance policy of the same or greater face amount, issued before 
January 1, 2002, that guarantees the premium rates of the new policy. This regulation also shall 
not apply to subsequent policies issued as a result of the exercise of such a provision, or a 
derivation of the provision, in the new policy.

3.2.2This regulation shall not apply to any universal life policy that meets all the following requirements:

3.2.2.1Secondary guarantee period, if any, is five (5) years or less;

3.2.2.2Specified premium for the secondary guarantee period is not less than the net level 
reserve premium for the secondary guarantee period based on the CSO valuation tables 
as defined in Section 4F and the applicable valuation interest rate; and

3.2.2.3The initial surrender charge is not less than 100 percent of the first year annualized 
specified premium for the secondary guarantee period.

3.2.3This regulation shall not apply to any variable life insurance policy that provides for life insurance, 
the amount or duration of which varies according to the investment experience of any separate 
account or accounts.

3.2.4This regulation shall not apply to any variable universal life insurance policy that provides for life 
insurance, the amount or duration of which varies according to the investment experience of any 
separate account or accounts. 

3.2.5This regulation shall not apply to a group life insurance certificate unless the certificate provides for 
a stated or implied schedule of maximum gross premiums required in order to continue coverage 
in force for a period in excess of one year.

3.3Conditions

3.3.1Calculation of the minimum valuation standard for policies with guaranteed non-level gross 
premiums or guaranteed non-level benefits (other than universal life policies), or both, shall be in 
accordance with the provisions of Section 6.

3.3.2Calculation of the minimum valuation standard for flexible premium and fixed premium universal 
life insurance policies, that contain provisions resulting in the ability of a policyholder to keep a 
policy in force over a secondary guarantee period shall be in accordance with the provisions of 
Section 7.









 5 DE Reg. 1470 (1/1/02)

4.0Definitions

4.1For purposes of this regulation:

"1980 CSO valuation tables" means the Commissioners' 1980 Standard Ordinary Mortality Table 
(1980 CSO Table) without ten-year selection factors, incorporated into the 1980 amendments to the 
NAIC Standard Valuation Law, and variations of the 1980 CSO Table approved by the NAIC, such as 
the smoker and nonsmoker versions approved in December 1983. 

"Basic reserves" means reserves calculated in accordance with 18 Del.C. §1113(c).

"Contract segmentation method" means the method of dividing the period from issue to mandatory 
expiration of a policy into successive segments, with the length of each segment being defined as the 
period from the end of the prior segment (from policy inception, for the first segment) to the end of the 
latest policy year as determined below. All calculations are made using the 1980 CSO valuation tables, 
as defined in section 4.1.6 of this section, (or any other valuation mortality table adopted by the 
National Association of Insurance Commissioners (NAIC) after the effective date of this regulationJanuary 1, 2002, and promulgated by regulation by the commissioner for this purpose), and, if elected, 
the optional minimum mortality standard for deficiency reserves stipulated in section 5.2 of this 
regulation.

The length of a particular contract segment shall be set equal to the minimum of the value t for which 
Gt is greater than Rt (if Gt never exceeds Rt the segment length is deemed to be the number of years 
from the beginning of the segment to the mandatory expiration date of the policy), where Gt and Rt are 
defined as follows:

GPx+k+t

Gt = __________

GPx+k+t-1

where:

x =original issue age;

k =the number of years from the date of issue to the beginning of the segment;

t =1, 2, ...; t is reset to 1 at the beginning of each segment;

GPx+k+t-1 =Guaranteed gross premium per thousand of face amount for year t of the segment, 
ignoring policy fees only if level for the premium paying period of the policy.

qx+k+t

Rt =__________,However, Rt may be increased or

 qx+k+t-1decreased by one percent in any

policy year, at the company's

option, but Rt shall not be less than one;

where:

x, k and t are as defined above, and

qx+k+t-1 = valuation mortality rate for deficiency reserves in policy year k+t but using the mortality 
of Section 5B(2) if Section 5B(3) is elected for deficiency reserves.

However, if GPx+k+t is greater than 0 and GPx+k+t-1 is equal to 0, Gt shall be deemed to be 
1000. If GPx+k+t and GPx+k+t-1 are both equal to 0, Gt shall be deemed to be 0. 









"Deficiency reserves" means the excess, if greater than zero, of

(1) Minimum reserves calculated in accordance with 18 Del.C. §1113(g) over

(2) Basic reserves.

“Guaranteed gross premiums" means the premiums under a policy of life insurance that are 
guaranteed and determined at issue.

"Maximum valuation interest rates" means the interest rates defined in 18 Del.C. §1113(b)(3)
(Computation of Minimum Standard by Calendar Year of Issue) that are to be used in determining the 
minimum standard for the valuation of life insurance policies.

"Scheduled gross premium" means the smallest illustrated gross premium at issue for other than 
universal life insurance policies. For universal life insurance policies, scheduled gross premium 
means the smallest specified premium described in section 7.1.3, if any, or else the minimum premium 
described in Section 7.1.4.

"Segmented reserves" means reserves, calculated using segments produced by the contract 
segmentation method, equal to the present value of all future guaranteed benefits less the present 
value of all future net premiums to the mandatory expiration of a policy, where the net premiums within 
each segment are a uniform percentage of the respective guaranteed gross premiums within the 
segment.

(1)The uniform percentage for each segment is such that, at the beginning of the segment, the 
present value of the net premiums within the segment equals:

(a)The present value of the death benefits within the segment, plus

(b)The present value of any unusual guaranteed cash value (see section 6.4) occurring at the 
end of the segment, less

(c)Any unusual guaranteed cash value occurring at the start of the segment, plus

(d)For the first segment only, the excess of the Item (i) over Item (ii), as follows:

(i)A net level annual premium equal to the present value, at the date of issue, of the benefits 
provided for in the first segment after the first policy year, divided by the present value, at 
the date of issue, of an annuity of one per year payable on the first and each subsequent 
anniversary within the first segment on which a premium falls due. However, the net level 
annual premium shall not exceed the net level annual premium on the nineteen-year 
premium whole life plan of insurance of the same renewal year equivalent level amount at 
an age one year higher than the age at issue of the policy.

(ii)A net one year term premium for the benefits provided for in the first policy year.

(2)The length of each segment is determined by the "contract segmentation method," as defined in 
this section.

(3)The interest rates used in the present value calculations for any policy may not exceed the 
maximum valuation interest rate, determined with a guarantee duration equal to the sum of the 
lengths of all segments of the policy.

(4)For both basic reserves and deficiency reserves computed by the segmented method, present 
values shall include future benefits and net premiums in the current segment and in all subsequent 
segments.

“Tabular cost of insurance" means the net single premium at the beginning of a policy year for 
one-year term insurance in the amount of the guaranteed death benefit in that policy year.

"Ten-year select factors" means the select factors adopted with the 1980 amendments to the NAIC 
Standard Valuation Law.

"Unitary reserves" means the present value of all future guaranteed benefits less the present value of 
all future modified net premiums, where:

(a)Guaranteed benefits and modified net premiums are considered to the mandatory expiration 
of the policy; and 

(b)Modified net premiums are a uniform percentage of the respective guaranteed gross 
premiums, where the uniform percentage is such that, at issue, the present value of the net 









premiums equals the present value of all death benefits and pure endowments, plus the excess of 
Item (i) over Item (ii), as follows

(i)A net level annual premium equal to the present value, at the date of issue, of the benefits 
provided for after the first policy year, divided by the present value, at the date of issue, of 
an annuity of one per year payable on the first and each subsequent anniversary of the 
policy on which a premium falls due. However, the net level annual premium shall not 
exceed the net level annual premium on the nineteen-year premium whole life plan of 
insurance of the same renewal year equivalent level amount at an age one year higher 
than the age at issue of the policy.

(ii)A net one year term premium for the benefits provided for in the first policy year.

The interest rates used in the present value calculations for any policy may not exceed the 
maximum valuation interest rate, determined with a guarantee duration equal to the length from 
issue to the mandatory expiration of the policy.

"Universal life insurance policy" means any individual life insurance policy under the provisions of 
which separately identified interest credits (other than in connection with dividend accumulations, 
premium deposit funds, or other supplementary accounts) and mortality or expense charges are made 
to the policy.

5.0General Calculation Requirements for Basic Reserves and Premium Deficiency Reserves

5.1At the election of the company for any one or more specified plans of life insurance, the minimum 
mortality standard for basic reserves may be calculated using the 1980 CSO valuation tables with 
select mortality factors (or any other valuation mortality table adopted by the NAIC after the effective 
date of this regulation January 1, 2002, and promulgated by regulation by the commissioner for this 
purpose). If select mortality factors are elected, they may be:

5.1.1The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC 
Standard Valuation Law;

5.1.2The select mortality factors in the Appendix; or

5.1.3Any other table of select mortality factors adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner for the purpose of 
calculating basic reserves.

5.2Deficiency reserves, if any, are calculated for each policy as the excess, if greater than zero, of the 
quantity A over the basic reserve. The quantity A is obtained by recalculating the basic reserve for the 
policy using guaranteed gross premiums instead of net premiums when the guaranteed gross 
premiums are less than the corresponding net premiums. At the election of the company for any one or 
more specified plans of insurance, the quantity A and the corresponding net premiums used in the 
determination of quantity A may be based upon the 1980 CSO valuation tables with select mortality 
factors (or any other valuation mortality table adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner). If select mortality 
factors are elected, they may be:

5.2.1The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC 
Standard Valuation Law;

5.2.2The select mortality factors in the Appendix of this regulation;

5.2.3For durations in the first segment, X percent of the select mortality factors in the Appendix , subject 
to the following:

5.2.3.1X may vary by policy year, policy form, underwriting classification, issue age, or any other 
policy factor expected to affect mortality experience;

5.2.3.2X shall not be less than twenty percent (20%);

5.2.3.3X shall not decrease in any successive policy years;

5.2.3.42X is such that, when using the valuation interest rate used for basic reserves, Item 
5.2.3.4.1 is greater than or equal to Item 5.2.3.4.1.2;









5.2.3.42.1The actuarial present value of future death benefits, calculated using the mortality 
rates resulting from the application of X;

5.2.3.42.2The actuarial present value of future death benefits calculated using anticipated 
mortality experience without recognition of mortality improvement beyond the 
valuation date;

5.2.3.53X is such that the mortality rates resulting from the application of X are at least as great as 
the anticipated mortality experience, without recognition of mortality improvement beyond 
the valuation date, in each of the first five (5) years after the valuation date;

5.2.3.64The appointed actuary shall increase X at any valuation date where it is necessary to 
continue to meet all the requirements of section 5.2.3;

5.2.3.75The appointed actuary may decrease X at any valuation date as long as X does not 
decrease in any successive policy years and as long as it continues to meet all the 
requirements of section 5.2.3; and

5.2.3.86The appointed actuary shall specifically take into account the adverse effect on expected 
mortality and lapsation of any anticipated or actual increase in gross premiums.

5.2.3.97If X is less than 100 percent at any duration for any policy, the following requirements shall 
be met:

5.2.3.97.1The appointed actuary shall annually prepare an actuarial opinion and memorandum 
for the company in conformance with the requirements of 18 Del.C. §1111(c); and

5.2.3.7.2The appointed actuary shall disclose, in the regulatory asset adequacy issues 
summary, the impact of the insufficiency of assets to support the payment of benefits 
and expenses and the establishment of statutory reserves during one or more interim 
periods; and

5.2.3.9.27.3 The appointed actuary shall annually opine for all policies subject to this regulation as 
to whether the mortality rates resulting from the application of X meet the 
requirements of section 5.2.3. This opinion shall be supported by an actuarial report, 
subject to appropriate Actuarial Standards of Practice promulgated by the Actuarial 
Standards Board of the American Academy of Actuaries. The X factors shall reflect 
anticipated future mortality, without recognition of mortality improvement beyond the 
valuation date, taking into account relevant emerging experience.

5.2.4Any other table of select mortality factors adopted by the NAIC after the effective date of this 
regulation January 1, 2002, and promulgated by regulation by the commissioner for the purpose of 
calculating deficiency reserves.

5.3This subsection applies to both basic reserves and deficiency reserves. Any set of select mortality 
factors may be used only for the first segment. However, if the first segment is less than ten (10) 
years, the appropriate ten-year select mortality factors incorporated into the 1980 amendments to the 
NAIC Standard Valuation Law may be used thereafter through the tenth policy year from the date of 
issue.

5.4In determining basic reserves or deficiency reserves, guaranteed gross premiums without policy fees 
may be used where the calculation involves the guaranteed gross premium but only if the policy fee is 
a level dollar amount after the first policy year. In determining deficiency reserves, policy fees may be 
included in guaranteed gross premiums, even if not included in the actual calculation of basic 
reserves.

5.5Reserves for policies that have changes to guaranteed gross premiums, guaranteed benefits, 
guaranteed charges, or guaranteed credits that are unilaterally made by the insurer after issue and 
that are effective for more than one year after the date of the change shall be the greatest of the 
following: (1) reserves calculated ignoring the guarantee, (2) reserves assuming the guarantee was 
made at issue, and (3) reserves assuming that the policy was issued on the date of the guarantee.

5.6The commissioner may require that the company document the extent of the adequacy of reserves for 
specified blocks, including but not limited to policies issued prior to the effective date of this regulationJanuary 1, 2002. This documentation may include a demonstration of the extent to which aggregation 









with other non-specified blocks of business is relied upon in the formation of the appointed actuary 
opinion pursuant to and consistent with the requirements of 18 Del.C. §1111(c).

 5 DE Reg. 1470 (1/1/02)

6.0Calculation of Minimum Valuation Standard for Policies with Guaranteed Non-level Gross 
Premiums or Guaranteed Non-level Benefits (Other than Universal Life Policies)

6.1Basic Reserves

6.1.1Basic reserves shall be calculated as the greater of the segmented reserves and the unitary 
reserves. Both the segmented reserves and the unitary reserves for any policy shall use the same 
valuation mortality table and selection factors. At the option of the insurer, in calculating 
segmented reserves and net premiums, either of the adjustments described in sections 6.1.1.1 or 
6.1.1.2 below may be made:

6.1.1.1Treat the unitary reserve, if greater than zero, applicable at the end of each segment as a 
pure endowment and subtract the unitary reserve, if greater than zero, applicable at the 
beginning of each segment from the present value of guaranteed life insurance and 
endowment benefits for each segment.

6.1.1.2Treat the guaranteed cash surrender value, if greater than zero, applicable at the end of 
each segment as a pure endowment; and subtract the guaranteed cash surrender value, if 
greater than zero, applicable at the beginning of each segment from the present value of 
guaranteed life insurance and endowment benefits for each segment.

6.2Deficiency Reserves

6.2.1The deficiency reserve at any duration shall be calculated:

6.2.1.1On a unitary basis if the corresponding basic reserve determined by Subsection A is 
unitary;

6.2.1.2On a segmented basis if the corresponding basic reserve determined by section 6.1 is 
segmented; or

6.2.1.3On the segmented basis if the corresponding basic reserve determined by section 6.1 is 
equal to both the segmented reserve and the unitary reserve.

6.2.2This subsection shall apply to any policy for which the guaranteed gross premium at any duration 
is less than the corresponding modified net premium calculated by the method used in determining 
the basic reserves, but using the minimum valuation standards of mortality (specified in section 
5.2) and rate of interest.

6.2.3Deficiency reserves, if any, shall be calculated for each policy as the excess if greater than zero, 
for the current and all remaining periods, of the quantity A over the basic reserve, where A is 
obtained as indicated in section 5.2.

6.2.4For deficiency reserves determined on a segmented basis, the quantity A is determined using 
segment lengths equal to those determined for segmented basic reserves.

6.3Minimum Value

6.3.1Basic reserves may not be less than the tabular cost of insurance for the balance of the policy 
year, if mean reserves are used. Basic reserves may not be less than the tabular cost of insurance 
for the balance of the current modal period or to the paid-to-date, if later, but not beyond the next 
policy anniversary, if mid-terminal reserves are used. The tabular cost of insurance shall use the 
same valuation mortality table and interest rates as that used for the calculation of the segmented 
reserves. However, if select mortality factors are used, they shall be the ten-year select factors 
incorporated into the 1980 amendments of the NAIC Standard Valuation Law. In no case may 
total reserves (including basic reserves, deficiency reserves and any reserves held for 
supplemental benefits that would expire upon contract termination) be less than the amount that 
the policy owner would receive (including the cash surrender value of the supplemental benefits, if 
any, referred to above), exclusive of any deduction for policy loans, upon termination of the policy.

6.4Unusual Pattern of Guaranteed Cash Surrender Values









6.4.1For any policy with an unusual pattern of guaranteed cash surrender values, the reserves actually 
held prior to the first unusual guaranteed cash surrender value shall not be less than the reserves 
calculated by treating the first unusual guaranteed cash surrender value as a pure endowment and 
treating the policy as an n year policy providing term insurance plus a pure endowment equal to 
the unusual cash surrender value, where n is the number of years from the date of issue to the 
date the unusual cash surrender value is scheduled.

6.4.2The reserves actually held subsequent to any unusual guaranteed cash surrender value shall not 
be less than the reserves calculated by treating the policy as an n year policy providing term 
insurance plus a pure endowment equal to the next unusual guaranteed cash surrender value, 
and treating any unusual guaranteed cash surrender value at the end of the prior segment as a net 
single premium, where

6.4.2.1n is the number of years from the date of the last unusual guaranteed cash surrender 
value prior to the valuation date to the earlier of:

6.4.2.1.1The date of the next unusual guaranteed cash surrender value, if any, that is 
scheduled after the valuation date; or

6.4.2.1.2The mandatory expiration date of the policy; and

6.4.2.2The net premium for a given year during the n year period is equal to the product of the net 
to gross ratio and the respective gross premium; and

6.4.2.3The net to gross ratio is equal to Item (i) divided by Item (ii) as follows:

6.4.2.3.1The present value, at the beginning of the n year period, of death benefits payable 
during the n year period plus the present value, at the beginning of the n year period, 
of the next unusual guaranteed cash surrender value, if any, minus the amount of the 
last unusual guaranteed cash surrender value, if any, scheduled at the beginning of 
the n year period.

6.4.2.3.2The present value, at the beginning of the n year period, of the scheduled gross 
premiums payable during the n year period.

6.4.3For purposes of this subsection, a policy is considered to have an unusual pattern of guaranteed 
cash surrender values if any future guaranteed cash surrender value exceeds the prior year's 
guaranteed cash surrender value by more than the sum of:

6.4.3.1One hundred ten percent (110%) of the scheduled gross premium for that year;

6.4.3.2One hundred ten percent (110%) of one year's accrued interest on the sum of the prior 
year's guaranteed cash surrender value and the scheduled gross premium using the 
nonforfeiture interest rate used for calculating policy guaranteed cash surrender values; 
and

6.4.3.3Five percent (5%) of the first policy year surrender charge, if any.

6.5Optional Exemption for Yearly Renewable Term Reinsurance. At the option of the company, the 
following approach for reserves on YRT reinsurance may be used:

6.5.1Calculate the valuation net premium for each future policy year as the tabular cost of insurance for 
that future year.

6.5.2Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as 
defined in section 6.3.

6.5.3Deficiency reserves.

6.5.3.1For each policy year, calculate the excess, if greater than zero, of the valuation net 
premium over the respective maximum guaranteed gross premium.

6.5.3.2Deficiency reserves shall never be less than the sum of the present values, at the date of 
valuation, of the excesses determined in accordance with section section 6.5.3.1 above.

6.5.4For purposes of this subsection, the calculations use the maximum valuation interest rate and the 
1980 CSO mortality tables with or without ten-year select mortality factors, or any other table 
adopted after the effective date of this regulation January 1, 2002, by the NAIC and promulgated 
by regulation by the commissioner for this purpose.









6.5.5A reinsurance agreement shall be considered YRT reinsurance for purposes of this subsection if 
only the mortality risk is reinsured.

6.5.6If the assuming company chooses this optional exemption, the ceding company's reinsurance 
reserve credit shall be limited to the amount of reserve held by the assuming company for the 
affected policies.

6.6Optional Exemption for Attained-Age-Based Yearly Renewable Term Life Insurance Policies. At the 
option of the company, the following approach for reserves for attained-age-based YRT life insurance 
policies may be used:

6.6.1Calculate the valuation net premium for each future policy year as the tabular cost of insurance for 
that future year.

6.6.2Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as 
defined in section 6.3.

6.6.3Deficiency reserves.

6.6.3.1For each policy year, calculate the excess, if greater than zero, of the valuation net 
premium over the respective maximum guaranteed gross premium.

6.6.3.2Deficiency reserves shall never be less than the sum of the present values, at the date of 
valuation, of the excesses determined in accordance with section 6.6.3.1 above.

6.6.4For purposes of this subsection, the calculations use the maximum valuation interest rate and the 
1980 CSO valuation tables with or without ten-year select mortality factors, or any other table 
adopted after the effective date of this regulation January 1, 2002, by the NAIC and promulgated 
by regulation by the commissioner for this purpose.

6.6.5A policy shall be considered an attained-age-based YRT life insurance policy for purposes of this 
subsection if:

6.6.5.1The premium rates (on both the initial current premium scale and the guaranteed 
maximum premium scale) are based upon the attained age of the insured such that the 
rate for any given policy at a given attained age of the insured is independent of the year 
the policy was issued; and

6.6.5.2The premium rates (on both the initial current premium scale and the guaranteed 
maximum premium scale) are the same as the premium rates for policies covering all 
insureds of the same sex, risk class, plan of insurance and attained age.

6.6.6For policies that become attained-age-based YRT policies after an initial period of coverage, the 
approach of this subsection may be used after the initial period if:

6.6.6.1The initial period is constant for all insureds of the same sex, risk class and plan of 
insurance; or

6.6.6.2The initial period runs to a common attained age for all insureds of the same sex, risk class 
and plan of insurance; and

6.6.6.3After the initial period of coverage, the policy meets the conditions of Paragraph 6.6.5 
above.

6.6.7If this election is made, this approach shall be applied in determining reserves for all 
attained-age-based YRT life insurance policies issued on or after the effective date of this 
regulation January 1, 2002,.

6.7Exemption from Unitary Reserves for Certain n-Year Renewable Term Life Insurance Polices. Unitary 
basic reserves and unitary deficiency reserves need not be calculated for a policy if the following 
conditions are met:

6.7.1The policy consists of a series of n-year periods, including the first period and all renewal periods, 
where n is the same for each period, except that for the final renewal period, n may be truncated or 
extended to reach the expiry age, provided that this final renewal period is less than 10 years and 
less than twice the size of the earlier n-year periods, and for each period, the premium rates on 
both the initial current premium scale and the guaranteed maximum premium scale are level;









6.7.2The guaranteed gross premiums in all n-year periods are not less than the corresponding net 
premiums based upon the 1980 CSO Table with or without the ten-year select mortality factors; 
and

6.7.3There are no cash surrender values in any policy year.

6.8Exemption from Unitary Reserves for Certain Juvenile Policies

6.8.1Unitary basic reserves and unitary deficiency reserves need not be calculated for a policy if the 
following conditions are met, based upon the initial current premium scale at issue:

6.8.1.1At issue, the insured is age twenty-four (24) or younger;

6.8.1.2Until the insured reaches the end of the juvenile period, which shall occur at or before age 
twenty-five (25), the gross premiums and death benefits are level, and there are no cash 
surrender values; and

6.8.1.3After the end of the juvenile period, gross premiums are level for the remainder of the 
premium paying period, and death benefits are level for the remainder of the life of the 
policy.

 5 DE Reg. 1470 (1/1/02)

7.0Calculation of Minimum Valuation Standard for Flexible Premium and Fixed Premium Universal Life 
Insurance Policies That Contain Provisions Resulting in the Ability of a Policy owner to Keep a Policy in 
Force Over a Secondary Guarantee Period

7.1General

7.1.1Policies with a secondary guarantee include:

7.1.1.1A policy with a guarantee that the policy will remain in force at the original schedule of 
benefits, subject only to the payment of specified premiums;

7.1.1.2A policy in which the minimum premium at any duration is less than the corresponding one 
year valuation premium, calculated using the maximum valuation interest rate and the 
1980 CSO valuation tables with or without ten-year select mortality factors, or any other 
table adopted after the effective date of this regulation January 1, 2002, by the NAIC and 
promulgated by regulation by the commissioner for this purpose; or

7.1.1.3A policy with any combination of sections 7.1.1.1 and 7.1.1.2.

7.1.2A secondary guarantee period is the period for which the policy is guaranteed to remain in force 
subject only to a secondary guarantee. When a policy contains more than one secondary 
guarantee, the minimum reserve shall be the greatest of the respective minimum reserves at that 
valuation date of each unexpired secondary guarantee, ignoring all other secondary guarantees. 
Secondary guarantees that are unilaterally changed by the insurer after issue shall be considered 
to have been made at issue. Reserves described in 7.1.2 and 7.1.3 below shall be recalculated 
from issue to reflect these changes.

7.1.3Specified premiums mean the premiums specified in the policy, the payment of which guarantees 
that the policy will remain in force at the original schedule of benefits, but which otherwise would 
be insufficient to keep the policy in force in the absence of the guarantee if maximum mortality and 
expense charges and minimum interest credits were made and any applicable surrender charges 
were assessed.

7.1.4For purposes of this section, the minimum premium for any policy year is the premium that, when 
paid into a policy with a zero account value at the beginning of the policy year, produces a zero 
account value at the end of the policy year. The minimum premium calculation shall use the policy 
cost factors (including mortality charges, loads and expense charges) and the interest crediting 
rate, which are all guaranteed at issue.

7.1.5The one-year valuation premium means the net one-year premium based upon the original 
schedule of benefits for a given policy year. The one-year valuation premiums for all policy years 
are calculated at issue. The select mortality factors defined in sections 5.2.2, 5.2.3 and 5.2.4 may 
not be used to calculate the one-year valuation premiums.









7.1.6The one-year valuation premium should reflect the frequency of fund processing, as well as the 
distribution of deaths assumption employed in the calculation of the monthly mortality charges to 
the fund.

7.2Basic reserves for the secondary guarantees shall be the segmented reserves for the secondary 
guarantee period. In calculating the segments and the segmented reserves, the gross premiums shall 
be set equal to the specified premiums, if any, or otherwise to the minimum premiums, that keep the 
policy in force and the segments will be determined according to the contract segmentation method as 
defined in section 4.1.2.

7.3Deficiency reserves, if any, for the secondary guarantees shall be calculated for the secondary 
guarantee period in the same manner as described in section 6.2 with gross premiums set equal to the 
specified premiums, if any, or otherwise to the minimum premiums that keep the policy in force.

7.4The minimum reserves during the secondary guarantee period are the greater of:

7.4.1The basic reserves for the secondary guarantee plus the deficiency reserve, if any, for the 
secondary guarantees; or

7.4.2 The minimum reserves required by other rules or regulations governing universal life plans.

 5 DE Reg. 1470 (1/1/02)

8.0Effective Date

This regulation shall become effective ten days after publication in the Register of Regulations on 
January 15, 2002 for valuations on or after December 31, 2008.

 5 DE Reg. 1470 (1/1/02)





DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 312 and 1113; 

(18 Del.C. §311, §1113)

18 DE Admin. Code 1215

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities







1.0Authority

1.1This regulation is promulgated by the Commissioner of Insurance pursuant to 18 Del.C. §§311 and 
1113 and Sections 5.1 and 5.2 of 18 DE Admin. Code 1212 (referred to as “Regulation 1212”).

2.0Purpose

2.1The purpose of this regulation is to recognize, permit and prescribe the use of mortality tables that 
reflect differences in mortality between preferred and standard lives in determining minimum reserve 
liabilities in accordance with 18 Del.C. §§311 and 1113 and Sections 5.1 and 5.2 of Regulation 1212.

3.0Definitions

“2001 CSO Mortality Table” means that mortality table, consisting of separate rates of mortality for 
male and female lives, developed by the American Academy of Actuaries CSO Task Force from the 
Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life Insurance 
Valuation Mortality Task Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality 
Table is included in the Proceedings of the NAIC (2nd Quarter 2002) and supplemented by the 2001 
CSO Preferred Class Structure Mortality Table defined below. Unless the context indicates otherwise, 
the “2001 CSO Mortality Table” includes both the ultimate form of that table and the select and ultimate 
form of that table and includes both the smoker and nonsmoker mortality tables and the composite 
mortality tables. It also includes both the age-nearest-birthday and age-last-birthday bases of the 
mortality tables. Mortality tables in the 2001 CSO Mortality Table include the following:

(1)“2001 CSO Mortality Table (F)” means that mortality table consisting of the rates of 
mortality for female lives from the 2001 CSO Mortality Table.

(2)“2001 CSO Mortality Table (M)” means that mortality table consisting of the rates of 
mortality for male lives from the 2001 CSO Mortality Table.

(3)“Composite mortality tables” means mortality tables with rates of mortality that do not 
distinguish between smokers and nonsmokers.

(4)“Smoker and nonsmoker mortality tables” means mortality tables with separate rates of 
mortality for smokers and nonsmokers.

“2001 CSO Preferred Class Structure Mortality Table” means mortality tables with separate rates of 
mortality for Super Preferred Nonsmokers, Preferred Nonsmokers, Residual Standard Nonsmokers, 
Preferred Smokers, and Residual Standard Smoker splits of the 2001 CSO Nonsmoker and Smoker 
tables as adopted by the NAIC at the September, 2006 national meeting and published in the NAIC 
Proceedings {3rd Quarter 2006}. Unless the context indicates otherwise, the “2001 CSO Preferred 
Class Structure Mortality Table” includes both the ultimate form of that table and the select and ultimate 
form of that table. It includes both the smoker and nonsmoker mortality tables. It includes both the 
male and female mortality tables and the gender composite mortality tables. It also includes both the 
age-nearest-birthday and age-last-birthday bases of the mortality table. 

“Statistical agent” means an entity with proven systems for protecting the confidentiality of individual 
insured and insurer information; demonstrated resources for and history of ongoing electronic 
communications and data transfer ensuring data integrity with insurers, which are its members or 
subscribers; and a history of and means for aggregation of data and accurate promulgation of the 
experience modifications in a timely manner.









4.02001 CSO Preferred Class Structure Table

4.1At the election of the company, for each calendar year of issue, for any one or more specified plans of 
insurance and subject to satisfying the conditions stated in this regulation, the 2001 CSO Preferred 
Class Structure Mortality Table may be substituted in place of the 2001 CSO Smoker or Nonsmoker 
Mortality Table as the minimum valuation standard for policies issued on or after January 1, 2007, or 
with the consent of the Commissioner, January 1, 2004. No such election shall be made until the 
company demonstrates at least 20% of the business to be valued on this table is in one or more of the 
preferred classes. A table from the 2001 CSO Preferred Class Structure Mortality Table used in place 
of a 2001 CSO Mortality Table, pursuant to the requirements of this rule, will be treated as part of the 
2001 CSO Mortality Table only for purposes of reserve valuation pursuant to the requirements of the 
NAIC model regulation, “Recognition of the 2001 CSO Mortality Table For Use In Determining 
Minimum Reserve Liabilities And Nonforfeiture Benefits Model Regulation.”

5.0Conditions

5.1For each plan of insurance with separate rates for Preferred and Standard Nonsmoker lives, an insurer 
may use the Super Preferred Nonsmoker, Preferred Nonsmoker, and Residual Standard Nonsmoker 
tables to substitute for the Nonsmoker mortality table found in the 2001 CSO Mortality Table to 
determine minimum reserves. At the time of election and annually thereafter, except for business 
valued under the Residual Standard Nonsmoker Table, the appointed actuary shall certify that:

5.1.1The present value of death benefits over the next ten years after the valuation date, using the 
anticipated mortality experience without recognition of mortality improvement beyond the valuation 
date for each class, is less than the present value of death benefits using the valuation basic table 
corresponding to the valuation table being used for that class.

5.1.2The present value of death benefits over the future life of the contracts, using anticipated mortality 
experience without recognition of mortality improvement beyond the valuation date for each class, 
is less than the present value of death benefits using the valuation basic table corresponding to 
the valuation table being used for that class.

5.2For each plan of insurance with separate rates for Preferred and Standard Smoker lives, an insurer 
may use the Preferred Smoker and Residual Standard Smoker tables to substitute for the Smoker 
mortality table found in the 2001 CSO Mortality Table to determine minimum reserves. At the time of 
election and annually thereafter, for business valued under the Preferred Smoker Table, the appointed 
actuary shall certify that:

5.2.1The present value of death benefits over the next ten years after the valuation date, using the 
anticipated mortality experience without recognition of mortality improvement beyond the valuation 
date for each class, is less than the present value of death benefits using the Preferred Smoker 
valuation basis table corresponding to the valuation table being used for that class.

5.2.2The present value of death benefits over the future life of the contracts, using anticipated mortality 
experience without recognition of mortality improvement beyond the valuation date for each class, 
is less than the present value of death benefits using the Preferred Smoker valuation basic table.

5.3Unless exempted by the commissioner, every authorized insurer using the 2001 CSO Preferred Class 
Structure Table shall annually file with the commissioner, with the NAIC, or with a statistical agent 
designated by the NAIC and acceptable to the commissioner, statistical reports showing mortality and 
such other information as the commissioner may deem necessary or expedient for the administration 
of the provisions of this regulation. The form of the reports shall be established by the commissioner or 
the commissioner may require the use of a form established by the NAIC or by a statistical agent 
designated by the NAIC and acceptable to the commissioner.

6.0Separability

6.1If any provision of this regulation or its application to any person or circumstance is for any reason held 
to be invalid, the remainder of the regulation and the application of the provision to other persons or 
circumstances shall not be affected.









7.0Effective Date

7.1The effective date of this regulation shall be February 11, 2007 10 days after execution by the 
Commissioner and effective for valuations on and after December 31, 2008.

10 DE Reg. 1306 (02/01/07)





DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Statutory Authority: 7 Delaware Code, Chapters 60 and 63 (7 Del.C. c 60 & 63)

7 DE Admin. Code 1302









§ 261.4(b)











I. Instructions for Generators





DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903 (e)(2)(a) (7 Del.C. §903(e)(2)(a))

7 DE Admin. Code 3507 and 3511









3507 Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas
(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis 
striata) that measures less than eleven (11) inches, total length excluding any caudal filament.

2.0It shall be unlawful for any recreational person to have in possession any black sea bass that 
measures less than twelve (12) twelve and one-half (12.5) inches total length excluding any caudal 
filament.

6 DE Reg. 1230 (3/1/03)

6 DE Reg. 1360 (4/1/03)

3.0It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea 
bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The 
black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, 
sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and 
transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the 
vessel’s fishing and permit history for purposes of replacing the vessel.

4.0The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be 
considered separate black sea bass fisheries. The total pounds allocated to each fishery by the 
Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the 
ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery. 









5.0The Department may only issue a black sea bass landing permit for the pot fishery to a person who is 
the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR 
§§ 648.4 and who had applied for and secured from the Department a commercial food fishing license 
and has a reported landing history in either the federal or state reporting systems of landing by pot at 
least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that 
have landing history only in the federal data base must have possessed a state commercial food 
fishing license for at least one year during the time from 1994 through 2001.

6.0The Department may only issue a black sea bass landing permit for the commercial hook and line 
fishery to a person who has applied for and secured from the Department a commercial food fishing 
license and a fishing equipment permit for hook and line and submitted landings reports in either the 
federal or state landing report systems for black sea bass harvested by hook and line during at least 
one year between 1994 and 2001.

1 DE Reg.1767 (5/1/98)

2 DE Reg. 1900 (4/1/99)

3 DE Reg. 1088 (2/1/00)

4 DE Reg. 1665 (4/1/01)

4 DE Reg. 1859 (5/1/01)

5 DE Reg. 2142 (5/1/02)

6 DE Reg. 348 (9/1/02)

6 DE Reg. 1230 (3/1/03)

7.0Any overage of the State's commercial quota will be subtracted by the Atlantic States Marine Fisheries 
Commission from the next year's commercial quota.

Any overage of an individual’s allocation will be subtracted from that individual's allocation the next 
year and distributed to those individuals in the appropriate fishery that did not exceed their quota.

8.0Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of 
black sea bass allotted by the Department for that particular fishery. A share shall be determined by 
dividing the number of pre-registered participants in one of the two recognized fisheries into the total 
pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an 
individual must indicate their intent in writing to participate in this fishery.

9.0Individual shares of the pot fishery quota may be transferred to another participant in the pot fishery. 
Any transfer of black sea bass individual pot quota shall be limited by the following conditions:

9.1A maximum of one transfer per year per person.

9.2No transfer of shares of the black sea bass pot fishery quota shall be authorized unless such 
transfer is documented on a form provided by the Department and approved by the Secretary in 
advance of the actual transfer.

10.0Individual shares of the commercial hook and line fishery quota may be transferred to another 
participant in the commercial hook and line fishery. Any transfer of black sea bass individual 
commercial hook and line quota shall be limited by the following conditions:

10.1A maximum of one transfer per year per person.

10.2No transfer of shares of the black sea bass commercial hook and line quota shall be authorized 
unless such transfer is documented on a form provided by the Department and approved by the 
Secretary in advance of the transfer.









11.0Each commercial food fisherman participating in a black sea bass fishery shall report to the 
Department, via the interactive voice phone reporting system operated by the Department, each days 
landings in pounds at least one hour after packing out their harvest.

12.0It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass 
at or between the place where said black sea bass were caught and said recreational fisherman’s 
personal abode or temporary or transient place of lodging.

7 DE Reg. 1575 (5/1/04)

6 DE Reg. 1230 (3/1/03)

8 DE Reg. 1488 (4/1/05)

9 DE Reg. 1759 (5/1/06)

11 DE Reg. 1662 (06/01/08)

(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any recreational fisherman to have in possession more than four (4) summer 
flounder at or between the place where said summer flounder were caught and said recreational 
fisherman's personal abode or temporary or transient place of lodging.

2.0It shall be unlawful for any person, other than qualified persons as set forth in section 4.0 of this 
regulation, to possess any summer flounder that measure less than nineteen and one half (19.5)
inches between the tip of the snout and the furthest tip of the tail. (Note: size limit to be determined 
in combination with creel limit.)

7 DE Reg. 1575 (5/1/04)

3.0It shall be unlawful for any person while on board a vessel, to have in possession any part of a summer 
flounder that measures less than nineteen and one half (19.5) inches between said part's two most 
distant points unless said person also has in possession the head, backbone and tail intact from which 
said part was removed. (Note: size limit to be determined in combination with creel limit.)

4.0Notwithstanding the size limits and possession limits in this regulation, a person may possess a 
summer flounder that measures no less than fourteen (14) inches between the tip of the snout and the 
furthest tip of the tail and a quantity of summer flounder in excess of the possession limit set forth in 
this regulation, provided said person has one of the following:

4.1A valid bill-of-sale or receipt indicating the date said summer flounder were received, the amount 
of said summer flounder received and the name, address and signature of the person who had 
landed said summer flounder;

4.2A receipt from a licensed or permitted fish dealer who obtained said summer flounder; or

4.3A bill of lading while transporting fresh or frozen summer flounder.

4.4A valid commercial food fishing license and a food fishing equipment permit for gill nets.

5.0It shall be unlawful for any commercial finfisherman to sell, trade and or barter or attempt to sell, trade 
and or barter any summer flounder or part thereof that is landed in this State by said commercial 
fisherman after a date when the de minimis amount of commercial landings of summer flounder is 









determined to have been landed in this State by the Department. The de minimis amount of summer 
flounder shall be 0.1% of the coast wide commercial quota as set forth in the Summer Flounder 
Fishery Management Plan approved by the Atlantic States Marine Fisheries Commission.

6.0It shall be unlawful for any vessel to land more than 200 pounds of summer flounder in any one day in 
this State.

7.0It shall be unlawful for any person, who has been issued a commercial food fishing license and fishes 
for summer flounder with any food fishing equipment other than a gill net, to have in possession more 
than four (4) summer flounder at or between the place where said summer flounder were caught and 
said person's personal abode or temporary or transient place of lodging.

Note: Proposed options for creel limits and minimum size limits to restrict the recreational summer 
flounder harvest in Delaware during 2009. These options embody varying levels of risk with regard to 
Delaware potentially exceeding its allowable harvest quota for 2009, with the smallest size limit being 
the most risky and the largest minimum size limit being the least risky.

1 DE Reg. 1767 (5/1/98)

2 DE Reg. 1900 (4/1/99)

3 DE Reg. 1088 (2/1/00)

4 DE Reg. 1552 (3/1/01)

5 DE Reg. 462 (8/1/01)

5 DE Reg. 2142 (5/1/02)

6 DE Reg. 1358 (4/1/03)

7 DE Reg. 1575 (5/1/04)

8 DE Reg. 1488 (4/1/05)

9 DE Reg. 1759 (5/1/06)

10 DE Reg. 1722 (05/01/07)

11 DE Reg. 1493 (05/01/08)









DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

3800 COMMITTEE ON DIETETICS/NUTRITION
Statutory Authority: 24 Delaware Code, Section 3805 (a)

24 DE Admin. Code 3800



3800 Committee on State Board of Dietetics/Nutrition
1.0Qualifications of Applicants

1.1An equivalent A Major course of study [24 Del.C. §3806(l)(2)] must include 3 semester credits with 
content in biochemistry, 3 semester credits with content in human physiology, and 12 semester credits 
of courses with major content in human nutrition and/or dietetics including 3 semester credits in 
nutrition and disease or diet therapy.

1.2Foreign Degrees:

1.2.1An agency authorized to validate foreign academic degrees equivalent to the Baccalaureate or 
Master's Degree conferred by a regionally accredited college or University in the U.S. includes the 
following:

International Consultants of Delaware, Inc., (109 Barksdale Professional Center, Newark, DE 
19711 P.O. Box 8629, Philadelphia, PA 19101 - www.icdel.com) 

IERF Credentials Evaluation Services, Inc., (P.O. Box 66940, Los Angeles, CA 90066 3665 Culver 
City, CA 90231-3665 - 222.ierf.org)

World Education Services, Inc., (P.O. Box 745, Old Chelsea Station, New York, NY 10011 5087 
Bowling Green Station, New York, NY 10274-5087 - www.wes.org)

Education Credential Evaluators, Inc., (P.O. Box 92970 5140740, Milwaukee, WI 53202-097053203-3470) -www.ece.org

Josef Silny & Associates, International Education Consultants, (P.O. Box 248233 Coral Gables, FL 
33124 7107 SW 102 Ave. Miami, FL 33173) -www.jsilny.com

1.3Examination

1.3.1The cost of the examination is borne by the applicant.

1.3.2Satisfactory completion of the registration examination established by the Committee. [24 Del.C. 
§3806(a)(2)].

1.3.2.1The passing score established by the Commission on Dietetic Registration.

1.3.3Another national examination may be approved by the Committee. The Committee shall use the 
following criteria:









1.3.3.1It shall be a national validated examination, the primary objective of which is to measures 
minimum professional competency in dietetics and/or nutrition. In order to take the 
examination, the candidate is required to have a minimum of a baccalaureate degree and 
collegiate level coursework in nutrition conferred by a regionally accredited college or 
university in the U.S.

1.3.3.2The approval of the Director of Professional Regulation is also required if another 
examination is adopted.

1.43 Supervised Practice

1.43.1Proof of professional completion of supervised practice experience of 900 hours [24 Del.C.
§3806(a)(3)] may be: is required and must be demonstrated by documenting completion of a 
Commission on Accreditation for Dietetic Education (CADE) program. CADE is the accrediting 
agency for the american Dietetic Association (ADA).

1.4.1a program ADA-approved or ADA-accredited by the Commission on Dietetic Registration of The 
American Dietetic Association currently called

1.4.1.1an accredited dietetic internship

1.4.1.2an approved professional practice program

1.4.1.3an accredited coordinated program

OR

1.4.2at least 900 hours of supervised participation in nutrition services. The scope of activities may 
include observation, but must include direct client/patient involvement. The 900 hours must be 
concurrent to and/or following completion of the academic requirements for certification and need 
not be a paid experience. The following will define the equivalent professional practice experience 
and verification necessary:

1.4.2.1Each supervisor shall have administrative responsibility for the area of the professional 
practice experience OR provide a letter from the area's administrator showing approval for 
him/her to officially function as a supervisor of the applicant's experience for the purposes 
of this chapter.

1.4.2.2The supervisor shall have access to relevant patient/client records in the site of the 
professional practice experience. In order to guide the applicant and to have a basis for 
evaluation, the supervisor shall review performance by periodic observation, either directly 
or by some recording of the nutrition services.

1.4.2.3If there is more than one supervisor and/or facility for different parts of the experience, 
information and verification of each part is required.

1.4.2.4The applicant shall provide to the Committee for each supervisor/facility

1.4.2.4.1the name and address of the facility providing the professional practice experience 
and name of the area within the facility where the professional practice experience 
occurred.

1.4.2.4.2name, address, phone and title of the official supervisor who is supervising the 
qualifying experience for purpose of obtaining the certification. The supervisor for the 
purpose of certification may be different than the administrative supervisor of the unit 
in the facility.

1.4.2.4.3a summary of the nature of nutrition services performed, along with dates and hours 
spent performing them.

1.4.2.4.4evidence that the supervisor was either a registered dietitian, a licensed dietitian or a 
certified dietitian/nutritionist or a certified nutrition specialist in Delaware or any other 
state at the time of supervision; or the supervisor was a licensed physician with 
expertise in human nutrition. A copy of the current license, certification, or registration 
must be provided.

1.4.2.4.5the applicant will send the description of the qualifying experience noted above to the 
professional practice experience supervisor for verification.









1.4.2.4.6Each supervisor must review the evidence provided by the applicant and verify that 
the information is true including

1.4.2.4.6.1that the applicant participated in nutrition services under his/her supervision, 
indicating the total number of hours.

1.4.2.4.6.2that the applicant performed the nutrition services at a satisfactory level and 
followed the Code of Ethics in the course of this qualifying experience.

OR

1.4.3Documented work experience: If you are applying under 24 Del.C. §3806(A)(3)b, the requirements 
for documentation are the same as Equivalent Professional Practice Experience, except that the 
number of hours is different.

1.4Examination

1.4.1Satisfactory completion of the registration examination established by the Commission on Dietetic 
Registration is required. [24 Del. C. §3806(a)(4)].

1.4.1.1The passing score shall be the passing score established by the Commission on Dietetic 
Registration.

1.4.2The cost of the examination shall be borne by the applicant.

1.5Graduate Degrees: "Persons presenting evidence of a Master's degree or Doctorate degree" as 
specified in 24 Del.C. §3806(d) "shall provide evidence that the degree is in nutrition, nutrition 
education, nutrition science or a major closely related to human nutrition. "The major closely related to 
human nutrition" shall include either as part of the degree or in courses taken in addition to the degree 
a minimum of 3 semester credits with content in biochemistry, 3 semester credits with content in 
human physiology, and 12 semester credits of courses with major content in human nutrition and/or 
dietetics including 3 semester credits in nutrition and disease or diet therapy. All qualifying degrees 
and courses shall be from a college or university accredited through regional accrediting agency 
recognized by the U.S. Department of Education at the time the degree was earned or when courses 
were taken.

2.0Reciprocity

2.1The Board may grant licensure to registered, certified or licensed dietitians/nutritionists holding a valid 
license issued by another jurisdiction whose standards of licensure are equal to or greater than those 
of 24 Del.C. Ch. 38.

2.2The applicant shall include, as part of the application, copies of state licensing and/or practice statutes 
and regulations pertaining to the practice of dietetics and nutrition for each jurisdiction through which 
he/she is seeking reciprocity.

2.3The Applicant shall include letters of good standing from all jurisdictions in which the applicant is 
licensed or registered.

2.4“Standards of licensure,” as used in 24 Del.C. §3807, shall refer to the qualifications of applicants set 
forth at §3806.

23.0Continuing Professional Education

23.1"Continuing professional education" (CPE) as specified in Dietetics/Nutrition Certification LicensureAct, 24 Del.C. §3808, must meet the content requirements of The American Dietetic Association for 
CPE credit. One hour of CPE credit shall be given for each hour of CPE activity.

23.1.1To renew his or her certification license a CDN LDN must obtain thirty (30) hours of CPE during 
each two year certification period.

23.1.1.1CPE requirements shall be prorated for new CDNs LDNs as follows: If the new CDN LDNhas been certified licensed less than 1 year, CPE is not required for renewal, if the new 
CDN LDN has been certified licensed for more than 1 year but less than 2 years, half of 
the 30 CPE hours (15 hours) are required. If certified licensed for 2 or more years, the full 
30 hours of CPE is required.









2.1.1.2Due to the shortened time period of the October 1, 2007 - May 31, 2009 certification 
period, only 25 CPE hours must be earned during that period to qualify for renewal on May 
31, 2009.

23.1.1.32Extensions of time: An extension of time to complete CPE requirements will be granted to 
any CDN LDN who can demonstrate to the Committee Board an acceptable cause. The 
CDN LDN must petition the Committee Board for an extension. Should the CommitteeBoard deny the request, the CDN LDN must complete the requirements to maintain 
certification licensure. Examples of circumstances for which the Committee Board may 
grant extensions of time include, but are not limited to, prolonged illness or extended 
absence from the country.

23.2Proof of continuing education is satisfied with an attestation by the certificate holder licensee that he or 
she has satisfied the requirements of Rule 23.0.

23.2.1Attestation may be completed electronically if the renewal is accomplished online. In the 
alternative, paper renewal documents that contain the attestation of completion may be submitted.

23.2.2Certificate holders Licensees selected for random audit will be required to supplement the 
attestation with attendance verification pursuant to Rule 23.3.

23.3Random audits will be performed by the Committee Board to ensure compliance with the CPE 
requirements.

23.3.1The Committee Board will notify CDNs LDNs within sixty (60) days after the certificate licenserenewal date that they have been selected for audit.

23.3.2CDNs LDNs selected for random audit shall be required to submit verification within ten (10) days 
of receipt of notification of selection for audit.

23.3.3Verification shall include such information necessary for the Committee Board to assess whether 
the course or other activity meets the CPE requirements in Rule 23.0, which may include, but is 
not limited to, the following information:

23.3.3.1Proof of attendance. While course brochures may be used to verify contact hours, they are 
not considered to be acceptable proof for use of verification of course attendance.

23.3.3.2Date of CPE course;

23.3.3.3Instructors of CPE course;

23.3.3.4Sponsor of CEU course;

23.3.3.5Title of CPE course; and

23.3.3.6Number of hours of CPE course.

23.3.4The CPE activities must be performed within the two year period prior to renewal of certificationlicensure. If an activity overlaps two renewal periods, the date of completion of the activity 
determines the date in which the activity can be reported.

23.3.5The current document published by CDR/ADA, describing CPE guidelines for registered dietitians 
shall be used as a guide to interpret requirements of CDR/ADA for CPE.

23.3.6The Committee Board will accept the decisions of CDR for appropriateness of CPE activities and 
reserves the right to approve or disapprove any other activity deemed appropriate for CPE, using 
current CDR/ADA standards as criteria.

23.3.7The Committee Board may establish maximum hours allowed for any type of activity in the two-
year period.

23.3.7.1A maximum of 15 CPE hours shall be allowed for selfstudy programs.

23.3.7.2A maximum of 6 CPE hours shall be allowed for exhibits.

23.3.7.3A maximum of 10 CPE hours shall be allowed for poster presentations.

3.4The Board shall review all documentation requested of any licensee shown on the audit list. If the 
Board determines the licensee has met the requirements, the licensee's license shall remain in effect. 
If the Board initially determines the licensee has not met the requirements, the licensee shall be 
notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be 
conducted to determine if there are any extenuating circumstances justifying the apparent 









noncompliance with these requirements. Unjustified noncompliance of these regulations shall be 
considered grounds for discipline in the practice of dietetics and nutrition, pursuant to 24 Del.C. §3811.
The minimum penalty for unjustified noncompliance shall be a letter of reprimand.

3.5Any licensee denied renewal or disciplined pursuant to these rules and regulations may contest such 
ruling by filing an appeal pursuant to the Administrative Procedures Act.

11 DE Reg. 226 (08/01/07)

3.0Renewal of Certification

Beginning on October 1, 2007, CDN certification shall expire biennially on May 31 of odd-numbered 
years.

11 DE Reg. 226 (08/01/07)

4.0Licensure-Renewal

4.1The biennial licensure period expires on May 31 of every odd-numbered year. A licensee may have 
his/her license renewed by submitting a renewal application to the Board by the renewal date and 
upon payment of the renewal fee prescribed by the Division of Professional Regulation (Division) along 
with an attestation of completion of the continuing education requirements. License renewal may be 
accomplished online at the Division’s website. Alternatively, licensees may submit paper renewal 
documents. Requests for paper renewal forms must be directed to the Division.

4.2Any licensee who fails to renew his/her license by the renewal date may reactivate his/her license 
during the one (1) year period immediately following the license expiration date provided the licensee 
pays a late fee in addition to the prescribed renewal fee, submits an application on an appropriate form 
to the Board and provides proof that he/she completed the required continuing education.

4.3No LDN will be permitted to renew his/her license once the one-year period has expired but the former 
licensee may re-apply under the same conditions that govern applicants for licensure under 24 Del.C.
Ch. 38.

45.0Code of Ethics. [24 Del.C. §3811(a)(4).]

45.1The CDN LDN provides professional service with objectivity and with respect for the unique needs and 
values of individuals, avoiding discrimination on the basis of race, creed, gender, national origin, age 
or disability.

45.2The CDN LDN accurately presents professional qualifications and credentials and does not permit the 
use of these credentials by an unqualified person.

45.3The CDN LDN remains free of conflict of interest and promotes or endorses products/services in a 
manner that is neither false nor misleading.

45.4The CDN LDN assumes responsibility and accountability for personal competence in practice through 
continuing professional education and adherence to accepted standards of practice.

45.5The CDN LDN shall recognize and exercise professional judgment within the limits of his/her 
qualifications and shall not accept or perform professional responsibilities which the CDN LDN is not 
qualified to perform.

45.6The CDN LDN practices nutrition/dietetics based on scientific principles and current substantiated 
information without personal bias, enabling clients to make informed decisions.

45.7The CDN LDN maintains the confidentiality of information obtained from clients and maintains records 
relating to services provided to a client in the course of a professional relationship.

45.8The CDN LDN conducts himself/herself with honesty, integrity and fairness, advertises services in a 
factual, straightforward manner, and fulfills professional commitments in good faith.

45.9The CDN LDN shall not engage in dietetic practice while under the influence of alcohol or drugs which 
impair the provision of such practice.

45.10The CDN LDN shall be responsible for reporting alleged misrepresentation or violations of the Code of 
Ethics to the State Committee of Dietetics/Nutrition.









6.0Crimes Substantially Related To Provision Of Dietetic/Nutrition Services.

6.1For the purposes of this section the following definition shall apply:

6.1.1“Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or 
a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the 
individual has been discharged under §1024 of Title 10 (domestic violence diversion program) or 
by §4764 of Title 16 (first offenders controlled substances diversion program). Including all crimes 
prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such 
as, but not limited to, Federal Health Care offenses.

6.2Conviction of any of the following crimes In Title 11, or of the attempt to commit or of a conspiracy to 
commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime 
substantially related to the provision of Dietetics/Nutrition services as a LDN in the State of Delaware 
without regard to the place of conviction:

6.2.1§501 Criminal solicitation in the third degree

6.2.2§502 Criminal solicitation in the second degree

6.2.3§503 Criminal solicitation in the first degree

6.2.4§511 Conspiracy in the third degree

6.2.5§512 Conspiracy in the second degree

6.2.6§513 Conspiracy in the first degree

6.2.7§601 Offensive touching; Class A Misdemeanor 

6.2.8§602. Menacing;

6.2.9§603. Reckless endangering in the second degree;

6.2.10§604. Reckless endangering in the first degree;

6.2.11§605. Abuse of a pregnant female in the second degree;

6.2.12§606. Abuse of a pregnant female in the first degree;

6.2.13§611. Assault in the third degree; 

6.2.14§612. Assault in the second degree; 

6.2.15§613. Assault in the first degree; 

6.2.16§615 Assault by abuse or neglect; 

6.2.17§621 Terroristic threatening;

6.2.18§625 Unlawfully administering drugs;

6.2.19§626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;

6.2.20§629 Vehicular assault in the first degree;

6.2.21§630 Vehicular homicide in the second degree;

6.2.22§630A Vehicular homicide in the first degree;

6.2.23§631 Criminally negligent homicide;

6.2.24§632 Manslaughter; 

6.2.25§633 Murder by abuse or neglect in the second degree;

6.2.26§634 Murder by abuse or neglect in the first degree;

6.2.27§635 Murder in the second degree;

6.2.28§636 Murder in the first degree;

6.2.29§645 Promoting suicide.

Sexual Offenses

6.2.30§763 Sexual harassment;

6.2.31§764 Indecent exposure in the second degree;

6.2.32§765 Indecent exposure in the first degree;

6.2.33§766 Incest; 

6.2.34§767 Unlawful sexual contact in the third degree; 









6.2.35§768 Unlawful sexual contact in the second degree; 

6.2.36§769 Unlawful sexual contact in the first degree;

6.2.37§770 Rape in the fourth degree;

6.2.38§771 Rape in the third degree;

6.2.39§772 Rape in the second degree;

6.2.40§773 Rape in the first degree;

6.2.41§776 Sexual extortion;

6.2.42§777 Bestiality;

6.2.43§778 Continuous sexual abuse of a child; 

6.2.44§780 Female genital mutilation.

6.2.45§781 Unlawful imprisonment in the second degree;

6.2.46§782 Unlawful imprisonment in the first degree;

6.2.47§783 Kidnapping in the second degree;

6.2.48§783A Kidnapping in the first degree;

6.2.50§791 Acts constituting coercion; 

6.3Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way 
of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: 

6.3.1§801 Arson in the third degree;

6.3.2§802 Arson in the second degree;

6.3.3§803 Arson in the first degree;

6.3.4§811 Criminal mischief, Felony.

6.3.5§820 Trespassing with intent to peer or peep into a window or door of another;

6.3.6§824 Burglary in the third degree;

6.3.7§825 Burglary in the second degree;

6.3.8§826 Burglary in the first degree;

6.3.9§828 Possession of burglar’s tools or instruments facilitating theft;

Robbery

6.3.10§831 Robbery in the second degree; 

6.3.11§832 Robbery in the first degree.

6.3.12§835 Carjacking in the second degree; 

6.3.13§836 Carjacking in the first degree; 

6.3.14§840 Shoplifting; Felony 

6.3.15§841 Theft;

6.3.16§846 Extortion;

6.3.17§854 Identity theft;

6.3.18§860 Possession of shoplifter’s tools or instruments facilitating theft;

6.3.19§861 Forgery

6.3.20§862 Possession of forgery devices;

6.3.21§871 Falsifying business records;

6.3.22§873 Tampering with public records in the second degree;

6.3.23§876 Tampering with public records in the first degree;

6.3.24§877 Offering a false instrument for filing;

6.3.25§878 Issuing a false certificate;

6.3.25§903 Unlawful use of credit card; Felony.

6.3.26§903 A Re-encoder and scanning devices;

6.3.27§906 Deceptive business practices;









6.3.28§907B Criminal impersonation of a police officer;

6.3.29§908 Unlawfully concealing a will;

6.3.30§909 Securing execution of documents by deception;

6.3.31§913 Insurance fraud;

6.3.32§913A Health care fraud;

6.4Any crime which involves misuse or abuse of children or animals and shall include by way of example 
and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:

6.4.1§1100 Dealing in children;

6.4.2§1101 Abandonment of child;

6.4.3§1102 Endangering the welfare of a child;

6.4.4§1105 Endangering the welfare of an incompetent person;

6.4.5§1106 Unlawfully dealing with a child;

6.4.6§1107 Endangering children;

6.4.7§1108 Sexual exploitation of a child;

6.4.8§1109 Unlawfully dealing in child pornography; 

6.4.9§1111 Possession of child pornography;

6.4.10§1112 Sexual offenders; prohibitions from school zones.

6.4.11§1112A Sexual solicitation of a child;

6.4.12§1113 Criminal non-support and aggravated criminal non-support.

6.4.13§1325 Cruelty to animals;

6.4.14§1326 Animals; fighting and baiting prohibited;

6.4.15§1327 Maintaining a dangerous animal, felony;

6.5Any crime which involves offenses against the public order the commission of which may tend to bring 
discredit upon the profession and which are thus substantially related to one’s fitness to practice such 
profession and shall include by way of example and not of limitation the following crimes listed in Title 
11 of the Delaware Code Annotated:

6.5.1§1201 Bribery;

6.5.2§1203 Receiving a bribe;

6.5.3§1207 Improper influence;

6.5.4§1211 Official misconduct

6.5.5§1212 Profiteering

6.5.6§1221 Perjury in the third degree;

6.5.7§1222 Perjury in the second degree; 

6.5.8§1223 Perjury in the first degree;

6.5.9§1233 Making a false written statement; class 

6.5.10§1240 Terroristic threatening of public officials or public servants

6.5.11§1245 Falsely reporting an incident, felony;

6.5.12§1250 Offenses against law-enforcement animals;

6.5.13§1254 Assault in a detention facility;

6.5.14§1256 Promoting prison contraband, felony;

6.5.15§1257A Use of an animal to avoid capture, felony;

6.5.16§1261 Bribing a witness;

6.5.17§1262 Bribe receiving by a witness;

6.5.18§1263 Tampering with a witness; 

6.5.19§1263A Interfering with child witness;

6.5.20§1264 Bribing a juror;

6.5.21§1265 Bribe receiving by a juror;









6.5.22§1266 Tampering with a juror;

6.5.23§1267 Misconduct by a juror;

6.5.24§1269 Tampering with physical evidence; 

6.5.27§1273 Unlawful grand jury disclosure;

6.6Any crime which involves offenses against a public health order and decency which may tend to bring 
discredit upon the profession, specifically including the below listed crimes from Title 11 of the 
Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being 
of another person or persons in general or sufficiently flawed judgment to call into question the 
individuals ability to make health care decisions or advise upon health care related matters for other 
individuals.

6.6.1§1302 Riot;

6.6.2§1304 Hate crimes;

6.6.3§1312 Aggravated harassment;

6.6.4§1312A Stalking. felony;

6.6.5§1313 Malicious interference with emergency communications;

6.6.6§1331 Desecration;

6.6.7§1332 Abusing a corpse;

6.6.8§1333 Trading in human remains and associated funerary objects.

6.6.9§1335 Violation of privacy;

6.6.10§1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;

6.6.11§1339 Adulteration;

6.6.12§1340 Desecration of burial place.

6.6.13§1341 Lewdness;

6.6.14§1351 Promoting prostitution in the third degree;

6.6.15§1352 Promoting prostitution in the second degree;

6.6.16§1353 Promoting prostitution in the first degree;

6.6.17§1355 Permitting prostitution;

6.6.22§1361 Obscenity; acts constituting;

6.6.23§1365 Obscene literature harmful to minors

6.7Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive 
substances and those non-addictive substances with a substantial capacity to impair reason or 
judgment and shall include by way of example and not of limitation the following crimes listed in 
Chapter 47 of Title 16 of the Delaware Code Annotated:

6.7.1§4751 Prohibited acts A;

6.7.2§4752 Prohibited acts B;

6.7.3§4752A Unlawful delivery of noncontrolled substance;

6.7.4§4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer 
drugs;

6.7.5§4754A Possession and delivery of noncontrolled prescription drug (felony);

6.7.6§4755 Prohibited acts E;

6.7.7§4756 Prohibited acts;

6.7.8§4757 Hypodermic syringe or needle; delivering or possessing (felony); disposal (felony);

6.7.9§4761 Distribution to persons under 21 years of age; 

6.7.10§4761A Purchase of drugs from minors; 

6.7.11§4767 Distribution, delivery, or possession of controlled substance within 1,000 feet of school 
property;

6.7.12§4768 Distribution, delivery or possession of controlled substance in or within 300 feet of park, 
recreation area, church, synagogue or other place of worship;









6.7.13§4774 Drug Paraphernalia (felony).

6.8Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous 
instrument and shall include by way of example and not of limitation the following crimes listed in Title 
11 of the Delaware Code Annotated:

6.8.1§1442 Carrying a concealed deadly weapon;

6.8.2§1443 Carrying a concealed dangerous instrument;

6.8.3§1444 Possessing a destructive weapon; 

6.8.4§1445a Unlawfully dealing with a dangerous weapon (felony);

6.8.5§1446 Unlawfully dealing with a switchblade knife;

6.8.6§1447 Possession of a deadly weapon during commission of a felony;

6.8.7§1447A Possession of a firearm during commission of a felony;

6.8.8§1448 Possession and purchase of deadly weapons by persons prohibited;

6.8.9§1448A Criminal history record checks for sales of firearms 

6.8.10§1449 Wearing body armor during commission of felony;

6.8.11§1450 Receiving a stolen firearm;

6.8.12§1451 Theft of a firearm;

6.8.13§1452 Unlawfully dealing with knuckles-combination knife; 

6.8.14§1453 Unlawfully dealing with martial arts throwing star; 

6.8.15§1454 Giving a firearm to person prohibited;

6.8.16§1455 Engaging in a firearms transaction on behalf of another;

6.8.17§1456 Unlawfully permitting a minor access to a firearm;

6.8.18§1457 Possession of a weapon in a Safe School and Recreation Zone; 

6.8.19§1458 Removing a firearm from the possession of a law enforcement officer;

6.8.20§1459 Possession of a weapon with a removed, obliterated or altered serial number;

6.8.21§1504 Organized Crime & Racketeering;

6.8.22§3532 Acts of Intimidation;

6.8.23§3533 Aggravated act of intimidation;

6.8.24§3534 Attempt to Intimidate;

Other Crimes

6.8.25Title 16 §1136 Violations – neglect or abuse of patient or resident of nursing facilities;

6.8.26Title 23 §2302 – Operation of a vessel or boat while under the influence of intoxicating liquor or 
drugs (Felony under §2305); 

6.8.27Title 30 §571 Attempt to evade or defeat tax;

6.8.28Title 30 §572 Failure to collect or pay over tax;

6.8.29Title 30 §574 Fraud and false statements (felony); 

6.8.30Title 31 §§1003,1004 and 1005 (felony under §1007);

6.8.31Title 21 §2810 Driving after judgment prohibited; 

6.8.32Title 21 §4177 Driving a vehicle while under the influence or with a prohibited alcohol content, 
(felony);

6.8.33Title 21 §4177J Drinking while driving prohibited;

6.8.34Title 21 §6704 Receiving or transferring stolen vehicle

6.8.35Title 21 §6705 Removed, falsified or unauthorized identification number on vehicle, bicycle or 
engine; removed or affixed license/registration plate with intent to misrepresent identify, (felony);

6.8.36Title 7 §1717 Unauthorized Acts against a Service Guide or Seeing Eye Dog, (class D felony);

6.8.37Title 11 §2402 Interception of Communications Generally; Divulging Contents of 
Communications;

6.8.38Title 11 §2403 Manufacture, Possession or Sale of Intercepting Device ;









6.8.39Title 11 §2410 Breaking and Entering, Etc. to Place or Remove Equipment;

6.8.40Title 11 §2412 Obstruction, Impediment or Prevention of Interception;

6.8.41Title 11 §2421 Obtaining, Altering or Preventing Authorized Access;

6.8.42Title 11 §2422 Divulging Contents of Communications;

6.8.43Title 11 §2431 Installation and Use Generally [of pen trace and trap and trace devices];

6.8.44Title 11 §8523 Penalties [Criminal History Record Information-penalties for violation of reporting 
provision re: SBI], (felony);

6.8.45Title 11 §8562 - for failure of child-care provider to obtain information [Criminal History Record 
Information] required under §8561 or for those providing false information; 

6.8.46Title 11 §8572 [Providing false information when seeking employment in a public school]; 

6.8.47Title 16 §914 Penalty for Violation [of reporting requirements involving abuse under §903];

6.8.48Title 16 §2513 Penalties [relating to improper health-care decisions] (falsification, destruction of a 
document to create a false impression that measures to prolong life have been authorized);

6.8.49Title 16 §7112 Penalties [for violations of chapter [Sale, Use, Etc., of Explosive Materials other 
than §7103] (felony);

6.8.50Title 23 §2303 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/
or Drugs (Felony);

6.8.51Title 31 §3913 Violations [knowing or reckless abuse of an infirm adult];

6.9Any crime which is a violation of Title 24, Chapter 38 (Dietetics and Nutrition Practice Act) as it may be 
amended from time to time.

6.10Crimes substantially related to the provision of services as a LDN shall be deemed to include any 
crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially 
similar to the crimes identified in this rule.

57.0Voluntary Treatment Option for Chemically Dependent or Impaired Professionals

57.1If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately 
notify the Director of Professional Regulation or his/her designate of the report. If the Director of 
Professional Regulation receives the report, he/she shall immediately notify the chairperson of the 
regulatory Board, or that chairperson's designate or designates.

57.2The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 
days of receipt of the report, contact the individual in question and inform him/her in writing of the 
report, provide the individual written information describing the Voluntary Treatment Option, and give 
him/her the opportunity to enter the Voluntary Treatment Option.

57.3In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit 
to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care 
facility. This initial evaluation and screen shall take place within 30 days following notification to the 
professional by the participating Board chairperson or that chairperson's designate(s).

57.4A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol 
may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on 
practice the participating Board chairperson or that chairperson's designate or designates or the 
Director of the Division of Professional Regulation or his/her designate may, in consultation with the 
treating professional, deem necessary, only if such action will not endanger the public health, welfare 
or safety, and the regulated professional enters into an agreement with the Director of Professional 
Regulation or his/her designate and the chairperson of the participating Board or that chairperson's 
designate for a treatment plan and progresses satisfactorily in such treatment program and complies 
with all terms of that agreement. Treatment programs may be operated by professional Committees 
and Associations or other similar professional groups with the approval of the Director of Professional 
Regulation and the chairperson of the participating Board.

57.5Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or 
designates or the Director of the Division of Professional Regulation or his/her designate in regard to 









the Voluntary Treatment Option or to comply with their requests for evaluations and screens may 
disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the 
participating Board chairperson or that chairperson's designate or designates shall cause to be 
activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as 
outlined in subsection 5.8 of this section.

57.6The Voluntary Treatment Option may require a regulated professional to enter into an agreement 
which includes, but is not limited to, the following provisions:

57.6.1Entry of the regulated professional into a treatment program approved by the participating Board. 
Board approval shall not require that the regulated professional be identified to the Board. 
Treatment and evaluation functions must be performed by separate agencies to assure an 
unbiased assessment of the regulated professional's progress.

57.6.2Consent to the treating professional of the approved treatment program to report on the progress 
of the regulated professional to the chairperson of the participating Board or to that chairperson's 
designate or designates or to the Director of the Division of Professional Regulation or his/her 
designate at such intervals as required by the chairperson of the participating Board or that 
chairperson's designate or designates or the Director of the Division of Professional Regulation or 
his/her designate, and such person making such report will not be liable when such reports are 
made in good faith and without malice.

57.6.3Consent of the regulated professional, in accordance with applicable law, to the release of any 
treatment information from anyone within the approved treatment program.

57.6.4Agreement by the regulated professional to be personally responsible for all costs and charges 
associated with the Voluntary Treatment Option and treatment program(s). In addition, the 
Division of Professional Regulation may assess a fee to be paid by the regulated professional to 
cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee 
imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to 
defray the expenses of the participating Board, as well as the proportional expenses incurred by 
the Division of Professional Regulation in its services on behalf of the Board in addition to the 
administrative costs associated with the Voluntary Treatment Option. 

57.6.5Agreement by the regulated professional that failure to satisfactorily progress in such treatment 
program shall be reported to the participating Board's chairperson or his/her designate or 
designates or to the Director of the Division of Professional Regulation or his/ her designate by the 
treating professional who shall be immune from any liability for such reporting made in good faith 
and without malice. 

57.6.6Compliance by the regulated professional with any terms or restrictions placed on professional 
practice as outlined in the agreement under the Voluntary Treatment Option.

57.7The regulated professional's records of participation in the Voluntary Treatment Option will not reflect 
disciplinary action and shall not be considered public records open to public inspection. However, the 
participating Board may consider such records in setting a disciplinary sanction in any future matter in 
which the regulated professional's chemical dependency or impairment is an issue.

57.8The participating Board's chairperson, his/her designate or designates or the Director of the Division of 
Professional Regulation or his/her designate may, in consultation with the treating professional at any 
time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired 
professional if such action is deemed necessary to protect the public health, welfare or safety.

57.9If practice is restricted, the regulated professional may apply for unrestricted licensure upon 
completion of the program.

57.10Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the 
treatment program shall disqualify the regulated professional from the provisions of the Voluntary 
Treatment Option, and the participating Board shall be notified and cause to be activated an immediate 
investigation and disciplinary proceedings as appropriate.

57.11Any person who reports pursuant to this section in good faith and without malice shall be immune from 
any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality 
protected if the matter is handled in a nondisciplinary matter.









57.12Any regulated professional who complies with all of the terms and completes the Voluntary Treatment 
Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's 
rules and regulations. In such an instance, the written agreement with the regulated professional shall 
include the potential for disclosure and specify those to whom such information may be disclosed.

6.0Crimes Substantially Related To Provision Of Dietetic/Nutrition Services.

6.1For the purposes of this section the following definition shall apply:

6.1.1“Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or 
a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the 
individual has been discharged under §1024 of Title 10 (domestic violence diversion program) or 
by §4764 of Title 16 (first offenders controlled substances diversion program). Including all crimes 
prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such 
as, but not limited to, Federal Health Care offenses.

6.2Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or 
conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related 
to the provision of Dietetics/Nutrition services as a Certified Dietitian and/or Nutritionist in the State of 
Delaware without regard to the place of conviction:

6.2.1Homicide

6.2.2Assault 

6.2.3Criminal Sexual Abuse

6.2.4Tax Evasion

6.2.5Kidnapping

6.2.6Theft and all related offenses

6.2.7Embezzlement

6.2.8Child pornography

6.2.9Forgery

6.2.10Identity theft

6.2.11Insurance fraud

6.2.12Bribery

6.2.13Perjury

6.2.14Abuse- any abuse of a person or animal

6.2.15Counterfeiting

6.2.16Tampering with consumer products

6.2.17Hate crimes

6.2.18False or fraudulent statements

6.2.19Kick Back schemes 

6.2.20Abduction or unlawful restraint

6.3Crimes substantially related to the provision of services as a Certified Dietitian and/or Nutritionist shall 
be deemed to include any crimes under any federal law, state law, or valid town, city or county 
ordinance, that are substantially similar to the crimes identified in this rule.

8 DE Reg. 1288 (03/01/05)

11 DE Reg. 226 (07/01/07)









DELAWARE SOLID WASTE AUTHORITY
Statutory Authority: 7 Delaware Code, Section 6403 (7 Del.C. §6403)

501 Regulations of the Delaware Solid Waste Authority





DELAWARE VIOLENT CRIMES COMPENSATION BOARD
ADMINISTRATIVE OFFICE OF THE COURTS
Statutory Authority: 11 Delaware Code, Section 9004 (11 Del.C. §9004)









301 Violent Crimes Compensation Board Rules and Regulations
1.0 Statement Of Goals (Formerly Rule III)

1.1The Violent Crimes Compensation Board, hereby, declares that it serves a public purpose, and is of 
benefit to:

1.1.1individuals who are victimized within the State of Delaware;

1.1.2Delaware residents who are victimized without the State of Delaware in possessions or territories 
of the United States not having eligible crime victim compensation programs;

1.1.3Delaware residents who are victimized during acts of terrorism committed outside the United 
States.

1.1.4The Violent Crimes Compensation Board shall promote the welfare of victims of crime by 
establishing a means of meeting the additional hardships imposed upon the innocent victims of 
certain crimes, and the family and dependents of those victims.

the victims of violent crimes committed within the State of Delaware, [and to Delaware residents 
who are victims of crimes committed and] in States that do not have a funded Victim 
Compensation Program [and offering equivalent benefits. it It] is the purpose of the Violent 
Crimes Compensation Board to promote the public welfare by establishing a means of meeting the 
additional hardships imposed upon the innocent victim of certain crimes, and the family and 
dependents of those victims and Delaware residents who are victimized by terrorist attacks 
committed inside or outside the United States.

2.0Address Of The Board; Office Hours (Formerly Rule II)

2.1All communications of the Board shall be addressed to the "Violent Crimes Compensation Board, State 
of Delaware", at the office address of the Board or such other address as the Board shall otherwise 
make known.

2.2The office of the Board will be open from 8:00 a.m. until 4:00 p.m. of each weekday except legal 
holidays, and unless otherwise provided by statute or Executive Order.

32.0Definitions (Formerly Rule I)

32.1The definitions set forth in 11 Del.C. Ch. 90 of the Delaware Criminal Code are, hereby adopted by this 
Board, and incorporated by reference in these rules which reads as follows: Section 9002 "The 
following words, terms and phrases, when used in this Act, shall have the meanings ascribed to them 
except where the context clearly indicates a different meaning:

‘Board' shall mean the Violent Crimes Compensation Board as established by this Act;

‘Child’, shall mean an unmarried person who is under eighteen years of age, and shall include the 
step-child or adopted child of the victim, or child conceived prior to, but born after, the personal injury 
or death of the victim.

‘Crime' for purposes of this Chapter shall mean:

(1)any specific offense set forth in Chapter 5 of Title 11 of the Delaware [Criminal] Code [as the 
same appears in Chapter 497, Volume 58, Laws of Delaware], if the offense was 
committed after [July 1, 1973, the effective date of said Criminal Code] and contains the 
characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or 









unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, riot, robbery, 
unlawful use of explosives, [or] unlawful use of firearms[, stalking, endangering the welfare 
of a child, driving under the influence of any alcohol or drug or driving with a prohibited 
blood alcohol concentration, or hit-and-run, or any act of domestic violence or abuse];

(2)any specific offense set forth in Chapter 3, Title 11 of the Delaware Code if such offense was 
committed prior to [July 1, 1973, the effective date of the Delaware Criminal Code, as set 
forth in Chapter 497, Volume 58, Laws of Delaware,] and contains the characteristics of 
murder, rape, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use 
of explosives, or unlawful use of firearms;

(3)Any specific offense occurring in another state possession or territory of the United States [in 
which a person] whose domicile is in Delaware is a victim, if the offense contain the 
characteristics of murder, rape, manslaughter, assault, kidnapping, arson, burglary, riot 
robbery, unlawful use of explosives or unlawful use of firearms as set forth in Chapter 5 of this 
title. (66 Del. Laws, c. 269, Section 11.)

(4)Any specific act of delinquency by a child, which if committed by an adult would constitute a 
specific offense set forth in Chapter 5 of this Title, and contains the characteristics of murder, 
rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, 
manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives or 
unlawful use of firearms;

(5)An act of terrorism, as defined in [Section 2331 of Title 18 18 U.S.C. §2331, committed 
outside, or inside], [the] United States [Code, committed outside the United States]
against a resident [or domiciliary] of this State. [(Effective date of amendment 4/8/97.)]

‘Dependent' shall mean a person wholly or substantially dependent upon the income of the victim at 
the time of the victim's death, or would have been so dependent but for the incompetency of the victim 
due to the injury from which the death resulted, and shall include a child born after the death of such 
victim;

‘Guardian' shall mean a person[, governmental instrumentality, or private organization who is] 
entitled by law or legal appointment to care for and manage the person or property, or both, of a child 
or incompetent;

‘Incompetent' shall mean a person who is incapable of managing his own affairs, as determined by 
the Board or by a court of competent jurisdiction;

‘Personal Injury' shall mean bodily harm, [or extreme] mental[, emotional, or psychological harm 
suffering], and shall include pregnancy of the victim [resulting from the crime].

‘Pecuniary Loss' in instances of personal injury shall include medical expenses, including psychiatric 
care, non-medical remedial care and treatment rendered in accordance with a religious method of 
healing; hospital expenses; loss of past earnings; [crime scene cleanup, moving expenses, 
essential personal safety property, insurance deductibles,] and loss of future earnings[, 
including, but not limited to, reimbursement for vacation, sick, and compensatory time] 
because of a disability resulting from such personal injury. ‘Pecuniary Loss' in instances of death of the 
victim shall include funeral and burial expenses and loss of support to the dependents of the victim. 
Pecuniary loss includes any other expenses actually and necessarily incurred as a result of the 
personal injury or death, but it does not include property damage. Pecuniary loss", as defined in [11 
Del.C.] §9002, shall include only the net amount of enumerated expenses actually and necessarily 
sustained as a result of personal injury or death occurring due to a crime. Compensation for increased 
rent or mortgage payments due to relocation of the victim as a result of the crime shall be limited to the 
net amount of any increase.

"Permanent and total disability" for purposes of §9007(d) shall mean that a victim has sustained a 
personal injury that prevents the victim from working or functioning, and from which no recovery is 
expected, within reasonable medical certainty.

“Secondary Victim” shall mean any parent, stepparent, grandparent, son, daughter, spouse, brother 
or sister of the victim sibling, half-sibling, fiancée, caretaker of the victim; any child who resides on a 
regular or semi-regular basis with any adult who is the victim of, or convicted of, any crime involving an 









act of domestic violence; the parents of a victim's spouse; or any other person who resided in the 
victim's household at the time of the crime or at the time of the discovery of the crime.

‘Victim' shall mean a person who is injured or killed by the act of any other person during the 
commission of a crime as defined in this Chapter.

43.0Quorum (Formerly Rule XXIII)

43.1Three members shall constitute a quorum for all hearings and business of the Board, except a hearing 
in which the claimant has requested no more than $5,000.00 compensation and in that instance a 
quorum of the Board shall be one (1) member. Where an opinion is divided, the majority shall prevail.

54.0Meetings (Formerly Rule XXIV)

54.1Meetings shall be held upon notice by the Chairman or the Executive Director at such time and place 
directed.

54.1.1The Board will maintain a running agenda of all business matters to be discussed and acted 
upon. Following the hearing of claims, the Board, at its discretion and as time permits, may 
convene a session to address any matters on its running agenda.

54.1.2A meeting solely for the purpose of addressing Board business shall be held within 30 days. 
Adopted October 17, 1991. Revised January 7, 1993.

65.0Seal (Formerly Rule XXV)

65.1The Board shall have a seal for authentication of its orders, awards and proceedings, upon which shall 
be inscribed the words VIOLENT CRIMES COMPENSATION BOARD, STATE OF DELAWARE.

76.0Rules Of Evidence (Formerly Rule IX)

[76.1]The Board is not bound by the Rules of Evidence. Hearsay evidence is admissible.

87.0Availability Of Rules (Formerly Rule XX)

[87.1]The rules of the Board shall be available to the public at the office of the Violent Crimes Compensation 
Board[, and online through the Board’s website]. A copy of these rules and regulations shall be on 
file with all [the] County law libraries.

98.0Construction Of Rules (Formerly Rule XXI) 

[98.1]These rules shall be liberally construed to accomplish the purpose of 11 Del.C. Ch. 90.

109.0Amendments Of Rules (Formerly Rule XXII)

10.1.2 9.1New rules may be adopted and any rules may be amended or rescinded by the Board at a regular 
or special meeting following compliance with the Administrative Procedures Act, 29 Del. Laws, c. 101, 
Subchapter I and II.

10.1 9.2New rules, amendments, or revisions shall become effective the date approved by the Board In 
accordance with according to 11 Del.C. Ch. 90, [Section §]9004(d), which reads as follows: “The 
Board shall have the following functions, powers, and duties:

10.1.1Section 9004(d) ‘to adopt, promulgate, amend, and rescind such rules and regulations as are 
required to carry out the provisions of this Chapter’.”









1110.0The Secretary; Filing Of Papers (Formerly Rule IV)

1110.1The Secretary shall have custody of the Board's seal and official records, and shall be responsible for 
the maintenance and custody of the docket, files and records of the Board, and of its findings, 
determinations, reports, opinions, orders, rules, regulations and approved forms.

1110.2All orders and other actions of the Board shall be authenticated or signed by the Secretary or other 
person as may be authorized by the Board.

1110.3All pleadings or papers required to be filed with the Board shall be filed in the office of the Board within 
the time limit, if any, fixed by law or Board rule for such filing; and similarly all requests for official 
information, copies of official records, or opportunity to inspect public records shall be made to the 
Secretary of the Board.

1110.4Crime victims case files and records maintained by the Violent Crimes Compensation Board shall 
fall under the open records provision of the Freedom of Information Act, 29 Del.C. [c. Chapter] 100.

1110.5Communications addressed to the Board and all petitions, and other pleadings, all reports, exhibits, 
dispositions, transcripts, orders and other papers or documents, received or filed in the office kept by 
the Secretary, shall be stamped showing the date of the receipt or filing thereof.

1211.0Forms (Formerly Rule XIII)

[1211.1]The Board shall prepare and furnish claim forms and brochures.

1312.0Filing Of Claims (Formerly Rule V)

1312.1In addition to all other statutory requisites, claims must be filed on official forms which include 
subrogation, authorization, and consent agreements in the office of the Violent Crimes Compensation 
Board, located at 1500 E. Newport Pike, Suite 10, Wilmington, Delaware, 19804 within one year of the 
date of the crime.

12.2If the Board, in its investigation of a claim, requires further documentation from the claimant, such 
documentation must be submitted to the Board no later than 45 days of the date of the Board's 
request.

12.3A victim who seeks compensation for temporary housing, rent, security deposit, furniture and/or 
moving expenses must submit documentation, to include an old and new lease, within 45 days of the 
Board's request therefor.

12.4If the victim seeks compensation for an injury sustained while in the course and scope of employment, 
the victim must submit a claim for worker's compensation, and provide documentation thereof, before 
making application to the Board for compensation.

1413.0Publication Of Claims (Formerly Rule XIX)

[1413.1]The Board shall maintain confidentiality of records in accordance with the open records provision of 
the Freedom of Information Act, 29 Del.C. Ch. 100.

1514.0Investigation Of Claims (Formerly Rule VIII)

[1514.1]All claimants must fully cooperate with investigators or representatives of this agency in order to be 
eligible for an award. In the event that cooperation is refused or denied, the Board may deny a claim 
for lack of cooperation.

1615.0Burden Of Proof (Formerly Rule VI)

1615.1In compensation cases, the burden of proof shall be upon the petitioner,. iIt is also the victim's burden 
to prove that he or she was an innocent victim of a violent crime, and that he or she cooperated in the 
apprehension and/or conviction of the perpetrator of the crime.









15.2The victim also has the burden of proving that he/she sustained a loss or incurred an expense as a 
result of a violent crime that is compensable according to the statutory authority and the Rules of the 
Board.

1716.0Exhibits (Formerly Rule VII)

[1716.1]Exhibits and case file documents submitted prior to or after the Violent Crimes Compensation 
Board’s hearings shall be maintained in accordance with the provisions of the Department of State, 
Bureau of Archives and Records Management.

1817.0Subpoenas, Etc. (Formerly Rule XIV)

1817.1Any Board member, and the Executive Director, shall have the power to administer oaths, subpoena 
witnesses, and compel the production of books, papers, and records relevant to any investigation or 
hearing authorized by 11 Del.C. §9015.

1817.2The Board or any staff member may take, or request, affidavits and [dispositions depositions] of 
witnesses residing within or without of the State.

1918.0Hearings (Formerly Rule X)

1918.1Notice of hearings shall be posted in the office of the Violent Crimes Compensation Board [and online 
at the Board website at least] seven days prior to the scheduled hearing dates. Special meetings or 
rescheduled hearings shall be posted no later than 24 hours prior to the scheduled time.

1918.2The Board may receive as evidence, any statements, documents, information or material, it finds [isare] relevant and of such nature as to afford the parties a fair hearing. The Board may also accept 
police reports, hospital records and reports, physicians reports, etc., as proof of the crime and injuries 
sustained, without requiring the presence of the investigating officer or attending physician at the 
hearing.

1918.3Any claimant may request to be heard by the Board following the initial claim hearing, if he/she is 
dissatisfied with the decision of the Board. The request to be heard before the Board must be in writing 
and must be received in the office of the Violent Crimes Compensation Board within 15 days of the 
Board’s decision. The written statement must include any and all reasons for the dissatisfaction.

1918.4The Board may arrange for a medical or mental health examination by a physician designated by the 
Board. A written report of such examination shall be filed by the attending physician with the Board. 
The physicians's fee shall be paid directly by the Board.

1918.5All witnesses shall testify under oath (or by affirmation), and a record of the proceedings shall be 
recorded. The Board may examine the claimant and all witnesses.

1918.6Claim hearings shall be open to the public. However, the Board may hold private deliberations under 
the following circumstances:

1918.6.1When the claim to be considered derives from any sexual offense;

1918.6.2When the claim to be considered derives from any offense by a child, unless such child has 
been deemed amenable to the jurisdiction of a criminal court;

1918.6.3When the claim to be considered derives from any matter not yet adjudicated.

1918.7A claim under $5,000.00 may be heard by one Board Member

1918.8A request to reopen a claim may be heard by one Member if the reopen request for compensation is 
less than $5,000.00. If the reopen request for compensation is more than $5,000.00, the request to 
reopen shall be heard by a quorum of the Board.

1918.9If a claim is filed more than one (1) year after the crime occurrence, or if the claim was reported to law 
enforcement more than 72 hours after the commission of the crime, the claim may be reviewed by one 
member to accept or deny for processing.

18.10Under no circumstances shall the Board reopen or reinvestigate a case after the expiration of two (2) 
years from the date of decision rendered by the Board.









18.11Where a victim applies for additional compensation for expenses incurred more than one year from the 
crime occurrence, the Board may require a new physical or mental examination, in order to ascertain 
causal connection to the original occurrence.

2019.0Attorneys (Formerly Rule XI)

2019.1[All cC]laimants have the right to be represented before the Board by an attorney, who is licensed to 
practice in the State of Delaware. The attorney shall file a notice of appearance.

2019.2Service upon the claimant's attorney shall be deemed as service on the party he/she represents.

2120.0Attorney Fees (Formerly Rule XII)

2120.1The attorney representing a claimant before this Board must submit an affidavit setting forth the total 
number of hours expended and describe the nature of the work performed.

2120.2The Attorney's fees shall not exceed $1,000.00.

2120.3Attorney's fees shall be awarded at the discretion of the Board.

2120.4Attorney's fees may be 15% of the total amount awarded to the victim, but not to exceed $1000.00; or 
a fee based on the number of hours spent in representing the claimant. [The Hh]ourly fee rate [to will] 
be determined by the Board.

2120.5No prior agreement between an attorney and a client to pay the attorney a fee out of the client's award 
will be honored by the Board. Any such arrangement is unlawful.

2120.6Upon application to the Board for attorney's fees, the service rendered the injured victim, as well as the 
time spent and uniqueness of the case, will be considered in determining the allowance of attorney's 
fees.

20.7The amount of any attorneys fee award shall not be included within the total compensation subject to 
the limits set forth in §9007(d).

2221.0Appeal (Formerly Rule XXII)

2221.1All questions relating to an appeal shall be determined in accordance with Chapter 90, Section 9005, 
Title 11, of the Delaware Code which reads as follows:.

2221.2Section 9005(c) "The Board is not compelled to provide compensation in any case, nor is it compelled 
to award the full amount claimed. The Board may make its award of compensation dependent upon 
such condition or conditions as it deems desirable.

22.3Any claimant who is aggrieved by the Board's decision concerning compensation or any conditions 
attached to the award of such compensation may appeal to the Superior [Count Court] within (30) 
thirty days of the decision of the Board. Any appeal to Superior Court shall not be de novo.

2322.0Denial Of Claim; Reduction (Formerly Rule XVIII)

2322.1All questions relating to denial of a claim shall be determined in accordance with Chapter 90, Title 11, 
Section 9006, of the Delaware Code which reads as follows:.

23.1.1"The Board shall deny payment of a claim for the following reasons:

23.1.1.1Where the claimant was the perpetrator of the crime on which the claim is based, or was 
the principal involved in the commission of a crime at the time when the personal injury 
upon which the claim is based was incurred.

23.1.1.2Where the claimant incurred the personal injury on which the claim is based through 
collusion with the perpetrator of the crime.

23.1.1.3Where the claimant refused to give reasonable cooperation to state or local law 
enforcement agencies in their efforts to apprehend or convict the perpetrator of the crime 
in question.









23.1.1.4Where the claim has not been filed within one year after the personal injury on which the 
claim is based, unless an extension is granted by the Board.

23.1.1.5Where the claimant has failed to report the crime to a law enforcement agency within 72 
hours of its occurrence; provided, however, that the Board in its discretion, may waive this 
requirement if the circumstances of the crime render this requirement unreasonable.

23.1.1.6Where the victim is injured as a result of their own suicide or attempted suicide.

23.1.1.7Where the victim has sustained injuries during a drug-related crime in which the victim was 
an illegal participant.

23.1.1.8Where the victim is delinquent in the payment of an penalty assessment levied pursuant to 
11 Del.C. §9012, or in the payment of an order of restitution payable to the Victim 
Compensation Fund; provided, however, that the Board may condition payment of a claim 
upon the satisfaction of such delinquencies. In addition, the Board may, for hardship or 
other good cause, waive the provision of this paragraph in their entirety.

2322.2In determining whether or not to make an award under the provisions of this Chapter, or in determining 
the amount of any award, the Board may consider any circumstances it deems to be relevant, 
including the behavior of the victim which directly or indirectly contributed to his injury or death; unless 
such injury or death resulted from the victim's lawful attempt to prevent the commission of a crime or to 
apprehend an offender. The Board is not compelled to provide compensation in any case, nor is it 
compelled to award the full amount claimed. The Board may make its award of compensation 
dependent upon such condition or conditions as it deems desirable.

23.3If the victim bears any share of responsibility that caused his injury or death, the Board shall reduce the 
amount of compensation in accordance with its assessment of the degree of such responsibility 
attributable to the victim. A claim may be denied or reduced, if the victim of the personal injury in 
question, either through negligence or through willful and unlawful conduct, substantially provoked or 
aggravated the incident, giving rise to the injury.

2423.0Dependency (Formerly Rule XVI)

2423.1All questions relating to dependency shall be determined in accordance with 11 Del.C. Ch. 90 §9002which reads as follows:

2423.2Section 9002(d) "Dependent shall mean a person who is wholly or substantially dependent upon the 
income of the victim at the time of the victim's death, or would have been so dependent but for the 
incompetenc[ye] of the victim due to the injury from which the death resulted, and shall include a child 
born after the death of such victim."

2524.0Emergency Awards (Formerly Rule XV)

[2524.1]The Board will make an emergency award only upon a showing of dire necessity. The claimant, must, 
in writing, request an emergency award when submitting his claim form and show just cause as to why 
such an award should be considered. No such award will be made until the police report [or other 
official documentation from the appropriate law enforcement agency] is acquired.

2625.0Mental Health Practitioner Qualifications/Licensure (Formerly Rule XXIX)

2625.1To be eligible for crime victim's compensation for [psychological assessments and] mental health 
counseling treatment, within and without the State of Delaware, a practitioner possessing an advanced 
degree in an applied mental health discipline must provide assessment and treatment. The advanced 
degree should be in Psychiatry, Psychology, Social Work, Counseling, or Psychiatric Nursing.

2625.2To be eligible for crime victim's compensation for adult psychological assessments and mental health 
counseling treatment, within and without in the State of Delaware, a licensed psychologist or a 
licensed psychiatrist mental health practitioner must perform the assessment unless waived by the 
Board provide services. 









26.3To be eligible for crime victim's compensation for child psychological assessments, within and without 
the State of Delaware, a licensed child psychologist or a licensed child psychiatrist must perform the 
assessment unless waived by the Board.

26.4To be eligible for crime victim's compensation for mental health counseling treatment in the State of 
Delaware, a licensed mental health practitioner must provide services. The five disciplines recognized 
by the Violent Crimes Compensation Board for payment of mental health counseling benefits is are: 
Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental 
Health Counselor, and Licensed Clinical Nurse Specialist.

26.5 25.3Payment for mental health treatment received outside the State of Delaware will be evaluated for 
practitioner's licensure on a case-by-case basis by the Violent Crimes Compensation Board.

26.6 25.4The Violent Crimes Compensation Board may consider payment for mental health counseling 
services rendered by an unlicensed provider if the provider is practicing under the direct supervision of 
a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation Board, 
as set forth in paragraph one, sentence two Rule 27.1 above. The Violent Crimes Compensation 
Board will decide claims for payment of services rendered by an unlicensed practitioner on a case-by-
case basis.

 2 DE Reg. 1670 (3/1/99)

27.0Mental Health Counseling Award (Formerly Rule XXVIII)

Removed March 11, 1999

 2 DE Reg. 1670 (3/1/99)

28.0Mental Suffering Award (Formerly Rule XXVI)

Removed March 11, 1999 (Prohibited by statute effective February 11, 1992)

 2 DE Reg. 1670 (3/1/99)

2926.0Burial Awards (Formerly Rule XXVII)

[2926.1]The aggregate award for funeral and burial shall not exceed $8,500.00

3027.0Child Victim Counseling and Assessment Program (CCAP) Provisions (Formerly Rule XXX)

[3027.1]For the purposes of section 9020(c), up to $1,200.00 may be paid from the victim's compensation fund 
on behalf of each child victim of crime for reasonable costs incurred for psychological assessments 
and short-term counseling.

 2 DE Reg. 1670 (3/1/99)

28.0Collateral Sources of Compensation; Subrogation

28.1Any award made by the Board shall be reduced by the amount, if any, of compensation the claimant 
has received or will receive as indemnification from any other source, including insurance of any kind. 
The proceeds of any life insurance policy shall not be deducted from the award. [Source: §9005(1)]

28.2The Board shall deduct from its award the amount of any compensation for personal injury of death 
arising from the crime or incident and received by the victim, or by the victim's dependents. Such 
compensation includes payments by or on behalf of the offender, from any insurer, and from any 
governmental entity. The amount of compensation to be deducted from the Board's award shall be the 
net amount of compensation paid to the victim, after deductions for costs or attorney fees. The 
proceeds of any life insurance policy shall not be deducted from the award. [Source: §9008(d)]

28.3Where an award has been made, and the claimant subsequently receives reimbursement from any 
source set forth above, in Rules 31.1 and 31.2, with the exception of life insurance, the Board may 
recover reimbursement from the claimant, up to the amount of the award.









28.4Prior to making an award, the Board shall require the claimant to execute an agreement 
acknowledging the claimant's understanding that any award is net of funds received from collateral 
sources, and further acknowledging the claimant's obligation to reimburse the Board to the extent of 
any such funds received from collateral sources.

28.5Any attorney representing a client before the Board is bound by the Rules set forth herein regarding 
collateral sources of compensation.

32.0Travel Awards

 2 DE Reg. 1670 (3/1/99)





DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 220



220 Diversity







1.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

“Diversity” in a school community means it A school community that values diversity is one which 
embraces and builds on the strengths of individual and group differences, and by so doing enriches 
the educational program for all students. A The curriculum that is inclusive of many racial, ethnic, 
regional, religious, linguistic, and socioeconomic groups, [and] which gives visibility to both women 
and men, to people of all ages, and to persons with disabilities, [and] affirms the richness of our 
pluralistic society. [The Secretary of Education believes that students achieve their best in 
classrooms where diversity is commonplace. The Secretary of Education believes that 
students achieve their best in classrooms where diversity is commonplace.]

"Success Plan" means the web-based document submitted to the Department of Education as part of 
the request for state and federal funds that provides the mission, goals, objectives, measures, and 
strategies of the district or school.

2.0Each School District Shall

2.1Infuse information on diverse cultural groups throughout the K to 12 curriculum in order to equip 
students with the knowledge and skills necessary to participate productively in a culturally diverse 
society.

2.2Provide professional development to equip all teachers with various instructional techniques and best 
practices.

2.3Describe in district strategic success plans and school success plans how disparities and gaps in 
student achievement associated with the student’s gender, race, ethnicity, socioeconomic status, 
limited English proficiency, or disability will be identified and eliminated.

2.4Provide student counseling, assessment, discipline and placement that is sensitive to the needs of 
diverse populations.

2.5Provide appropriate instruction to limited English proficient students so that they will have success in a 
mainstream classroom where the medium of instruction is English.

2.6Describe in the district strategic success plan a strategy to attract and retain a highly skilled and 
committed faculty and staff reflective of the diversity in the school community.

2.7Enact measures to avoid and address inequitable and prejudicial behaviors among employees and 
students.

2.8Describe in the school success plans specific ways principals and building staff create an atmosphere 
which recognizes, accepts and values diversity as a positive, integral resource of a democratic society.









2 DE Reg. 1244 (1/1/99)

7 DE Reg. 1177 (3/1/04)

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 240





240 Recruiting and Training of Professional Educators for Critical Curricular Areas







PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b))

14 DE Admin. Code 1580





1580 School Library Media Specialist







PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b))

14 DE Admin. Code 1597





1597 Delaware Professional Teaching Standards







DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code, Section 122(3)o (16 Del.C. §122(3)o)

16 DE Admin. Code 4406



4406 Home Health Agencies--Aide Only (Licensure)







7.1The personal assistance services agency shall have appropriate insurance coverage in force to 
compensate consumers for injuries and losses resulting from services provided by the agency.

7.2The following types and minimum amounts of coverage shall be in effect at all times:









7.2.1General liability insurance covering personal property damages, bodily injury, libel and slander;

7.2.1.1$1 million comprehensive general liability per occurrence; and 

7.2.1.2$500,000 single limit insurance.









DIVISION OF PUBLIC HEALTH

Statutory Authority: 16 Delaware Code, Section 122(3)o (16 Del.C. §122(3)o)

16 DE Admin. Code 4410



4410 Skilled Home Health Agencies (Licensure)







7.1The personal assistance services agency shall have appropriate insurance coverage in force to 
compensate consumers for injuries and losses resulting from services provided by the agency.

7.2The following types and minimum amounts of coverage shall be in effect at all times:

7.2.1General liability insurance covering personal property damages, bodily injury, libel and slander;

7.2.1.1$1 million comprehensive general liability per occurrence; and 

7.2.1.2$500,000 single limit insurance.









DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)











DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(2)a.(3) (7 Del.C. §903(e)(2)a.(3))

7 DE Admin. Code 3504









DIVISION OF WATER RESOURCES
Statutory Authority: 7 Delaware Code, Section 60, (7 Del.C. §60)

7 DE Admin. Code 7404



7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, Delaware







DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 24 Delaware Code, Section 2006(a)(1) (24 Del.C. 20065(a)(1))

24 DE Admin. Code 2000









2000 Board of Occupational Therapy Practice



DIVISION OF PROFESSIONAL REGULATION
3300 Board of Veterinary Medicine

Statutory Authority: 24 Delaware Code, Section 3306(a)(1) (24 Del.C. §3306(a)(1))









3300 Board of Veterinary Medicine
1.0Supervision (24 Del.C. §3303(10) and (11))

1.1Supervision refers to the oversight of any person performing non-licensed support activities and/or 
licensed veterinary technician activities by a licensed Delaware veterinarian. Oversight includes 
control over the work schedule of the person performing support and/or veterinary technician activities 
and any remuneration the person receives for performing such activities.Oversight does not include 
remuneration paid directly to support personnel or veterinary technicians by the public. Supervision of 
veterinary technicians and support personnel is based on the following:









1.1.1The initial examination of the animal by the veterinarian is to be performed prior to the delegation 
of work to be performed by support personnel. The veterinarian may, however, authorize support 
or veterinary technician personnel to administer emergency measures prior to the initial 
examination.

1.1.2The veterinarian shall develop a treatment plan to be referenced by support and/or veterinary 
technician personnel. 

1.1.3The veterinarian must authorize the work to be performed by support and/or veterinary technician 
personnel. Whether tasks are appropriate to be delegated may differ from case to case.

1.2At no time may support personnel perform the following activities (24 Del.C. §3303(10)):

1.2.1Diagnosing.

1.2.2Prognosing

1.2.3Prescribing.

1.2.4Inducing Anesthesia

1.2.5Performing Surgery.

1.2.6Administration of Rabies vaccinations.

1.2.7Operative dentistry and oral surgery.

1.2.8Centesis of body structures (not to include venipuncture) in other than emergency situations.

1.2.9The placement of tubes into closed body structures, such as chest tubes, in other than emergency 
situations (not to include urinary or IV catheters; see Section 1.5.1).

1.2.10Splinting or casting of broken bones in other than emergency situations.

1.2.11Euthanasia.

1.2.12Issue health certificates.

1.3At no time may licensed veterinary technicians perform the following activities (24 Del.C. §3303(11):

1.3.1Diagnosing.

1.3.2Prognosing.

1.3.3Prescribing.

1.3.4Performing Surgery (excluding the tacking/suturing of intravenous and urinary catheters and nasal 
cannulae to skin).

1.3.5Administration of Rabies Vaccinations.

1.3.6Operative dentistry and oral surgery.

1.3.7Centesis of body structures (not to include venipuncture and cystocentesis) in other th[ea]n 
emergency situations.

1.3.8The placement of tubes into closed body structures, such as chest tubes, in other than emergency 
situations (not to include urinary or IV catheters; see Section 1.6.2).

1.3.9Splinting or casting of broken bones in other than emergency situations.

1.3.10Euthanasia.

1.3.11Issue health certificates.

1.4Levels of Supervision. All acts by support personnel and veterinary technicians not prohibited by Rule 
1.2 and Rule 1.3 which constitute the practice of veterinary medicine under 24 Del.C. §3302(5) must 
be performed under the supervision of a licensed veterinarian(s). Levels of supervision are to include:

1.4.1Immediate Supervision - A licensed veterinarian is within direct eyesight and/or hearing range.

1.4.2Direct Supervision - A licensed veterinarian is physically present on the premises and is readily 
available.

1.4.3Indirect Supervision - A licensed veterinarian is not on the premises but is able to perform the 
duties of a veterinarian by maintaining communication with and is accessible to support personnel, 
such as by electronic means.









1.5If the veterinarian concludes based on the initial examination (required by paragraph 1.1.1) that 
delegation is appropriate, support personnel may perform the following tasks only under the following 
supervision:

1.5.1Immediate supervision: intubation, urethral catheterization (except in the case of known urinary 
blockage or pre-existing urethral or urinary bladder disease); dental extractions with no periosteal 
elevation, no sectioning of tooth and no resectioning of bone.

1.5.2Direct supervision: anesthesia maintenance and dental procedures including, but not limited to, 
removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.

1.6If the veterinarian concludes based on the initial examination (required by paragraph 1.1.1) that 
delegation is appropriate, veterinary technicians may perform the following tasks only under the 
following supervision:

1.6.1Immediate supervision: induction of anesthesia.

1.6.2Direct supervision: intubation, anesthesia maintenance; arterial catheterization; urethral 
catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary 
bladder disease); cystocentesis; dental extractions with no periosteal elevation, no sectioning of 
tooth and no resectioning of bone; and dental procedures including, but not limited to, removal of 
calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.

1.7Veterinarians (24 Del.C. §3315(a)) and veterinary technicians (24 Del.C. §3320(e)) who are 
temporarily licensed shall be under the direct supervision of a licensed veterinarian.

1.8Activities that may be performed under emergency conditions. Under conditions of emergencies, the 
following activities, which would be otherwise prohibited in the absence of veterinary supervision, may 
be performed by veterinary technicians or support personnel prior to the veterinarian’s initial 
examination:

1.8.1application of tourniquets and/or pressure bandages to control hemorrhage,

1.8.2administration of pharmacological agents, only to be performed after communication with a 
veterinarian authorized to practice in Delaware, and such veterinarian is either present or en route 
to the distressed animal,

1.8.3administration of parenteral fluids,

1.8.4resuscitative procedures,

1.8.5application of temporary splints or bandages to prevent further injury to bones or soft tissues,

1.8.6application of appropriate wound dressings and external supportive treatment in severe wound 
and burn cases,

1.8.7external supportive treatment in heat prostration cases,

1.8.8and any other reasonable treatments necessary to an animal’s welfare in an emergency situation.

10 DE Reg. 884 (11/01/06)









DELAWARE RIVER BASIN COMMISSION

DEPARTMENT OF EDUCATION

DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF MEDICAID AND MEDICAL ASSISTANCE







DEPARTMENT OF INSURANCE
1212 Valuation of Life Insurance Policies







DEPARTMENT OF INSURANCE
1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities







DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT



DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

3800 BOARD OF DIETETICS/NUTRITION