DELAWARE REGISTER OF REGULATIONS
The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year.
The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.
The Register will also publish some or all of the following information:
•Governor’s Executive Orders
•Governor’s Appointments
•Agency Hearing and Meeting Notices
•Other documents considered to be in the public interest.
CITATION TO THE DELAWARE REGISTER
The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be:
11 DE Reg. 759-786 (12/01/07)
Refers to Volume 11, pages 759-786 of the Delaware Register issued on December 1, 2007.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE REGULATORY PROCESS
Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings.
The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members.
The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119.
Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief.
No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken.
When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action.
Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations.
CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS
ISSUE DATECLOSING DATECLOSING TIME
  June 1May 15      4:30 p.m.
  July 1June 16      4:30 p.m.
  August 1July  15      4:30 p.m.
  September 1August 15      4:30 p.m.
  October 1September 15      4:30 p.m.
DIVISION OF RESEARCH STAFF
Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Steve Engebretsen, Assistant Registrar; Jeffrey W. Hague, Registrar of Regulations; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Don Sellers, Printer; Robert Lupo, Printer; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Alice W. Stark, Senior Legislative Attorney; Rochelle Yerkes, Administrative Specialist II.






DELAWARE COUNCIL ON POLICE TRAINING1901 Delaware Council on Police Training ..............................................................11 DE Reg.       6 (Prop.)
11 DE Reg.   180 (Final)

DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY201 Delaware Manufactured Home Relocation Trust Fund Regulations.................11 DE Reg.   548 (Prop.)

DELAWARE RIVER BASIN COMMISSIONRevised Proposed Amendments to the Comprehensive Plan and Water Code Relating
to a Flexible Flow Management Plan for Operation of the New York City Delaware
Basin Reservoirs ...............................................................................................11 DE Reg.       8 (Prop.)
Water Quality Regulations  11 DE Reg.   376 (Prop.)
DELAWARE STATE FIRE PREVENTION COMMISSION
2006 Delaware State Fire Prevention Regulations Part X, Ambulance Regulations11 DE Reg.   379 (Prop.)
11 DE Reg. 1031 (Final)

DEPARTMENT OF AGRICULTURE
Delaware Forest Service402 State Forest Regulations ...........................................................................11 DE Reg.    10 (Prop.)
11 DE Reg.  307 (Final)

Division of Animal Health and Food Products Inspection301 Food Products Inspection ..........................................................................11 DE Reg. 1286 (Prop.)
304 Exotic Animal Regulations..........................................................................11 DE Reg. 1287 (Prop.)

Harness Racing Commission501 Harness Racing Rules, Sections 1.0, 5.0, 6.0, 7.0 and 8.0........................11 DE Reg. 1050 (Final)
Sections 1.0, 6.0, 7.0, 8.0 and 10.0............................................................11 DE Reg.   550 (Prop.)
Sections 3.0, 4.0, and 6.0...........................................................................11 DE Reg.   308 (Final)
Section 10.0, Due Process and Disciplinary Action....................................11 DE Reg. 1291 (Prop.)

Thoroughbred Racing Commission1001 Thoroughbred Racing Regulations, Section 13.0, Claiming Races..........11 DE Reg.   396 (Prop.)
11 DE Reg. 1373 (Final)
Section 15.0, Medication;............................................................................11 DE Reg.   969 (Prop.)
11 DE Reg. 1294 (Prop.)
11 DE Reg. 1374 (Final)

DEPARTMENT OF EDUCATION
Office of the Secretary104 Education Profiles for Schools, Districts, and the State..............................11 DE Reg. 1297 (Prop.)
106 Teacher Appraisal Process Delaware Performance Appraisal System
(DPAS II)....................................................................................................11 DE Reg.   121 (Prop.)
11 DE Reg.   502 (Final)
107 Specialist Appraisal Process Delaware Performance Appraisal System
(DPAS II)....................................................................................................11 DE Reg.   132 (Prop.)
11 DE Reg.   506 (Final)
108 Administrator Appraisal Process Delaware Performance Appraisal System
(DPAS II)....................................................................................................11 DE Reg.   143 (Prop.)
11 DE Reg.   510 (Final)
282 Private Business and Trade Schools..........................................................11 DE Reg.   737 (Final)
385 Permits Substitute Teachers.......................................................................11 DE Reg.   248 (Prop.)
11 DE Reg.   664 (Final)
601 School Police Relations..............................................................................11 DE Reg.   399 (Prop.)
11 DE Reg.   741 (Final)
729 School Custodians.....................................................................................11 DE Reg.   980 (Prop.)
734 District School Board and Charter School Board Member Financial
Responsibility Training ...............................................................................11 DE Reg.   402 (Prop.)
11 DE Reg.   744 (Final)
735 Standardized Financial Reporting...............................................................11 DE Reg.   602 (Prop.)
11 DE Reg.   918 (Final)
745 Criminal Background Check for Public School Related Employment.........11 DE Reg.   711 (Prop.)
11 DE Reg.   984 (Prop.)
804 Immunizations............................................................................................11 DE Reg.   250 (Prop.)
11 DE Reg.   666 (Final)
877 Tobacco Policy ..........................................................................................11 DE Reg. 1100 (Prop.)
923 Children with Disabilities, Subpart B, General Duties and Eligibility
of Agencies.................................................................................................11 DE Reg.  181 (Final)
11 DE Reg. 1102 (Prop.)
925 Children with Disabilities, Subpart D, Evaluations, Eligibility Determination, 
 Individualized Education Programs............................................................11 DE Reg.   184 (Final)
11 DE Reg. 1105 (Prop.)
1006 Delaware Interscholastic Athletic Association (DIAA)..............................11 DE Reg. 1116 (Prop.)
1007 DIAA Sportsmanship................................................................................11 DE Reg. 1122 (Prop.)
1008 DIAA Junior High and Middle School Interscholastic Athletics.................11 DE Reg. 1128 (Prop.)
1009 DIAA Senior High School Interscholastic Athletics...................................11 DE Reg. 1149 (Prop.)
1101 Standards for School Bus Chassis and Bodies Placed in Production After
March 1, 1998 ............................................................................................11 DE Reg.   853 (Prop.)
11 DE Reg. 1229 (Final)
1102 Standards for School Bus Chassis and Bodies Placed in Production on or 
after March 1, 2002 and on or after March 1, 2003 with Specific Changes for
Buses Placed in Production after January 1, 2004 ....................................11 DE Reg.   856 (Prop.)
11 DE Reg. 1231 (Final)
1103 Standards for School Bus Chassis and Bodies for Buses placed in 
Production on or after January 1, 2007.......................................................11 DE Reg.   860 (Prop.)
11 DE Reg. 1232 (Final)

Professional Standards Board340 Certification Theater Teacher.....................................................................11 DE Reg.   253 (Prop.)
11 DE Reg.   716 (Prop.)
1505 Standard Certificate .................................................................................11 DE Reg.   865 (Prop.)
11 DE Reg. 1375 (Final)
1520 Standard Certificate Early Childhood Teacher (Birth to Grade 2)11 DE Reg.   255 (Prop.)
11 DE Reg.   667 (Final)
1522 Elementary School Counselor..................................................................11 DE Reg.   404 (Prop.)
11 DE Reg.   745 (Final)
1530 Middle Level Teacher...............................................................................11 DE Reg.   261 (Prop.)
11 DE Reg.   407 (Prop.)
11 DE Reg.   748 (Final)
1531 Middle Level English Language Arts Teacher..........................................11 DE Reg.   409 (Prop.)
11 DE Reg.   750 (Final)
1532 Middle Level Mathematics Teacher..........................................................11 DE Reg.   411 (Prop.)
11 DE Reg.   752 (Final)
1533 Middle Level Science Teacher..................................................................11 DE Reg.   415 (Prop.)
11 DE Reg.   753 (Final)
1534 Middle Level Social Studies Teacher........................................................11 DE Reg.   262 (Prop.)
11 DE Reg.   419 (Prop.)
11 DE Reg.   756 (Final)
1539 Middle Level / Secondary Health Education Teacher...............................11 DE Reg.   668 (Final)
1540 Secondary English Language Arts Teacher..............................................11 DE Reg. 1173 (Prop.)
1541 Secondary Health Education Teacher......................................................11 DE Reg.   264 (Prop.)
1542 Secondary Mathematics Teacher.............................................................11 DE Reg. 1177 (Prop.)
1543 Secondary Science Teacher.....................................................................11 DE Reg. 1181 (Prop.)
1544 Secondary Social Studies Teacher...........................................................11 DE Reg. 1185 (Prop.)
1545 Secondary School Counselor...................................................................11 DE Reg.   420 (Prop.)
11 DE Reg.   754 (Final)
1549 Dance Teacher..........................................................................................11 DE Reg.   718 (Prop.)
11 DE Reg. 1234 (Final)
1550 Agriculture Teacher...................................................................................11 DE Reg. 1299 (Prop.)
1551 Business Education Teacher....................................................................11 DE Reg. 1303 (Prop.)
1554 Family and Consumer Sciences Teacher.................................................11 DE Reg. 1307 (Prop.)
1555 Marketing Education Teacher...................................................................11 DE Reg. 1310 (Prop.)
1557 Technology Education Teacher.................................................................11 DE Reg. 1313 (Prop.)
1558 Theater Teacher [Formerly Regulation 340].............................................11 DE Reg. 1235 (Final)
1571 Secondary Exceptional Children Special Education Teacher...................11 DE Reg.   266 (Prop.)
11 DE Reg.   671 (Final)
1576 Elementary Exceptional Children Special Education Teacher..................11 DE Reg.   269 (Prop.)
11 DE Reg.   673 (Final)
1590 Delaware Administrator Standards...........................................................11 DE Reg.   311 (Final)

DEPARTMENT OF FINANCE
Division of Revenue1151-1 Personal Income Tax Withholding Exemption Certificates....................11 DE Reg.   271 (Prop.)
11 DE Reg.   674 (Final)

DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Developmental Disabilities2100 Eligibility Criteria.......................................................................................11 DE Reg.     18 (Prop.)
11 DE Reg.   423 (Prop.)
11 DE Reg. 1237 (Final)

Division of Medicaid and Medical AssistanceAcquired Brain Injury (ABI) 1915 (c) Waiver Application .........................................11 DE Reg.   442 (Prop.)
11 DE Reg.   786 (Final)
Pharmaceutical Services Program - Tamper-Resistant Prescription Pads...............11 DE Reg.   425 (Prop.)
11 DE Reg.   793 (Final)
School-Based Wellness Center Services ................................................................11 DE Reg. 1097 (Emer)
11 DE Reg. 1189(Prop.)
Title XIX Medicaid State Plan, Attachment 2.2-A, Page 23C and Attachment 2.6-A, 
Pages 12c through 12o .....................................................................................11 DE Reg. 1316 (Prop.)
Title XIX Medicaid State Plan, Attachment 4.19-D Reimbursement Methodology
for Nursing Facilities..........................................................................................11 DE Reg.   427 (Prop.)
11 DE Reg.   792 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-D Pediatric Nursing Facility...........11 DE Reg.   312 (Final)
Title XIX Medicaid State Plan, Employee Education About False Claims Act..........11 DE Reg.   319 (Final)
DSSM:  5000 Definitions....................................................................................11 DE Reg. 1193 (Prop.)
5405 Fair Hearing Procedures.............................................................11 DE Reg. 1193 (Prop.)
11002.9 Definitions and Explanation of Terms.....................................11 DE Reg. 1196 (Prop.)
11003.5 In-Home Child Care................................................................11 DE Reg. 1196 (Prop.)
11003.9.1 Income.................................................................................11 DE Reg. 1196 (Prop.)
14900 Enrollment In Managed Care ....................................................11 DE Reg. 1316 (Prop.)
17900 Medicaid for Workers with Disabilities.......................................11 DE Reg. 1316 (Prop.)
20310.5 Automobiles............................................................................11 DE Reg. 1191 (Prop.)
 20330 Countable Resources Computation ..........................................11 DE Reg.    20 (Prop.)
11 DE Reg.  314 (Final)
20330.1 Automobiles............................................................................11 DE Reg. 1191 (Prop.)
20330.4.1 Annuities..............................................................................11 DE Reg.  274 (Prop.)
11 DE Reg.  676 (Final)
20340.5 Irrevocable Funeral Arrangements and Burial Trusts.............11 DE Reg.  720 (Prop.)
11 DE Reg. 1051 (Final)
20400.12.2  Burial Trusts......................................................................11 DE Reg.   720 (Prop.)
11 DE Reg. 1051 (Final)
20700.5 Acquired Brain Injury Medicaid Waiver Program....................11 DE Reg.  722 (Prop.)
11 DE Reg. 1054 (Final)
50300 Referral Process .......................................................................11 DE Reg.     21 (Prop.)
11 DE Reg.   318 (Final)
Pharmaceutical Services Program – Tamper-Resistant Prescription Pads11 DE Reg.   374 (Emer)

Division of Public Health4203 Cancer Treatment Program......................................................................11 DE Reg.   115 (Emer)
11 DE Reg.   278 (Prop.)
11 DE Reg.   680 (Final)
4403 Free Standing Birthing Centers................................................................11 DE Reg.   604 (Prop.)
4408 Managed Care Organizations (MCO), Repeal of.....................................11 DE Reg. 1059 (Final)
4459 Lead Based Paint Hazards.......................................................................11 DE Reg.   280 (Prop.)
11 DE Reg.   759 (Final)
4469 Personal Assistance Services Agencies..................................................11 DE Reg.   196 (Final)

Division of Social ServicesDSSM: 1006 Civil Rights and Non-Discrimination.............................................11 DE Reg.     23 (Prop.)
11 DE Reg.   325 (Final)
1007 Complaint Procedures and..........................................................11 DE Reg.     23 (Prop.)
11 DE Reg.   325 (Final)
3006.2 TANF Employment and Training Participation and Participation
Rates .............................................................................................11 DE Reg.   869 (Prop.)
11 DE Reg. 1241 (Final)
9004 Non-Discrimination Policy ...........................................................11 DE Reg.     23 (Prop.)
11 DE Reg.   325 (Final)
9006.3 Exceptions From Notice ..........................................................11 DE Reg.   443 (Prop.)
11 DE Reg.   795 (Final)
9013.1 Household Definition ...............................................................11 DE Reg.     25 (Prop.)
11 DE Reg.   332 (Final)
9032 Mandatory Verification.................................................................11 DE Reg.   216 (Final)
9032.2 Alien Eligibility ..........................................................................11 DE Reg.   445 (Prop.)
11 DE Reg.   799 (Final)
9033 Verification of Questionable Information......................................11 DE Reg.   216 (Final)
9038 Verification Subsequent to Initial Certification.............................11 DE Reg.   216 (Final)
9076.2 SSN Disqualification, Child Support Sanctions and Ineligible 
ABAWDs........................................................................................11 DE Reg.   872 (Prop.)
11 DE Reg. 1243 (Final)
9094 Cooperation with the Division of Child Support Enforcement (DCSE) 11 DE Reg.  872 (Prop.)
11 DE Reg. 1243 (Final)
11003.8 Necessity of Child Care..........................................................11 DE Reg. 1328 (Prop.)

Division of Substance Abuse and Mental Health6100 Substance Abuse Facility Licensing Standards........................................11 DE Reg.   448 (Prop.)

DEPARTMENT OF INSURANCE101 Organization, Methods and Operations of the Delaware Insurance Commission 
[Formerly Reg. 25].............................................................................................11 DE Reg.   218 (Final)
302 Captive Insurance Financial Regulation............................................................11 DE Reg. 1329 (Prop.)
606 Proof of Automobile Insurance [Formerly Regulation 31] .................................11 DE Reg.   449 (Prop.)
11 DE Reg.   800 (Final)
11 DE Reg. 1202 (Prop.)
608 Automobile Insurance Coverage [Formerly Regulation 45]...............................11 DE Reg.   220 (Final)
702 Required Disclosures For Residential Homeowners Polices............................11 DE Reg.   454 (Prop.)
11 DE Reg.   805 (Final)
906 Use of Credit Information..................................................................................11 DE Reg.   630 (Prop.)
11 DE Reg.   877 (Prop.)
11 DE Reg. 1253 (Final)
1003 Credit for Reinsurance [Formerly Regulation 79]............................................11 DE Reg.   990 (Prop.)
11 DE Reg. 1378 (Final)
1216 Military Sales Practices ..................................................................................11 DE Reg.     26 (Prop.)
11 DE Reg.   333 (Final)
1217 Unfair Discrimination in Life Insurance, Annuities and Health Insurance on the 
Basis of Physical or Mental Impairment ............................................................11 DE Reg.     32 (Prop.)
11 DE Reg. 1060 (Final)
1301 Internal Review, Arbitration and Independent Utilization Review of Health
Insurance Claims ..............................................................................................11 DE Reg.     68 (Final)
1313 Arbitration of Health Insurance Disputes Between Carriers and Providers.....11 DE Reg.   637 (Prop.)
11 DE Reg. 1061 (Final)
1403 Managed Care Organizations ........................................................................11 DE Reg.     73 (Final)
1701 Credit Life and Credit Health Insurance..........................................................11 DE Reg.   727 (Prop.)
2201 Implementation of Medical Malpractice Relief Initiative Pilot Program............11 DE Reg.   456 (Prop.)
11 DE Reg.   806 (Final)

DEPARTMENT OF JUSTICE
Fraud and Consumer Protection Unit102 Debt Management Services.......................................................................11 DE Reg.   640 (Prop.)
11 DE Reg. 1062 (Final)

DEPARTMENT OF LABOR
Division of Industrial AffairsWorkers’ Compensation Regulations................................................................11 DE Reg.   458 (Prop.)
11 DE Reg.   920 (Final)
11 DE Reg. 1337 (Prop.)
1342 Health Care Provider Certification............................................................11 DE Reg. 1206 (Prop.)

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management1132 Transportation Conformity........................................................................11 DE Reg.   281 (Prop.)
11 DE Reg.   682 (Final)
1138 Emission Standards for Hazardous Air Pollutants for Source Categories
Part 5.0......................................................................................................11 DE Reg.   884 (Prop.)
Part 6.0 ......................................................................................................11 DE Reg.   152 (Prop.)
11 DE Reg.   683 (Final)
Parts 8.0 and 12.0.......................................................................................11 DE Reg.   221 (Final)
1142 Specific Emission Control Requirements, Section 2.0 Control of NOx 
Emissions from Industrial Boilers and Process Heaters at Petroleum
Refineries ..................................................................................................11 DE Reg.     75 (Final)
1148 Control of Stationary Combustion Turbine Electric Generating Unit
Emissions...................................................................................................11 DE Reg.     80 (Final)
1301 Regulations Governing Solid Waste.........................................................11 DE Reg.   459 (Prop.)
11 DE Reg.   807 (Final)
1302 Regulations Governing Hazardous Waste: Parts 261, 262, 262 Appendix, 
264, 265, 279..............................................................................................11 DE Reg.   460 (Prop.)
11 DE Reg.   809 (Final)
1351 Underground Storage Tank Systems........................................................11 DE Reg.   461 (Prop.)
11 DE Reg.   922 (Final)

Division of Fish and Wildlife3203, 3207, 3210, 3211, 3214 and 3215, Horseshoe Crab Regulations..........11 DE Reg.  282 (Prop.)
11 DE Reg.   685 (Final)
3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas........................11 DE Reg. 1338 (Prop.)
3511 Summer Flounder Size Limits; Possession Limits; ..................................11 DE Reg. 1207 (Prop.)
3521 Weakfish Size Limits; Possession Limits; Seasons..................................11 DE Reg.  153 (Prop.)
11 DE Reg.   514 (Final)
3531 Tautog; Size Limits, Creel Limits and Seasons. ......................................11 DE Reg.   896 (Prop.)
11 DE Reg. 1257 (Final)
3553 River Herring Creel Limit .........................................................................11 DE Reg.   899 (Prop.)
11 DE Reg. 1259 (Final)
3716 Crab Pot Number Buoys and Vessel Panel Color Code and Number 
Requirements..............................................................................................11 DE Reg. 1209 (Prop.)
3758 Possession of V-notched Lobsters Prohibited..........................................11 DE Reg. 1338 (Prop.)
3771 Oyster Harvesting Licensee Requirements..............................................11 DE Reg. 1209 (Prop.)
3900 Wildlife Regulations .................................................................................11 DE Reg.     33 (Prop.)
11 DE Reg.   334 (Final)

DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Division of State Police1300 Board of Examiners of Private Investigators and Private Security Agencies11 DE Reg.   464 (Prop.)
11 DE Reg.   810 (Final)
2300 Pawn Brokers and Junk Dealers..............................................................11 DE Reg.   288 (Prop.)
11 DE Reg.   687 (Final)

DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
Division of Family Services103 Requirements for Family Child Care Homes..............................................11 DE Reg.   730 (Prop.)
104 Requirements for Large Family Child Care Day Care Homes....................11 DE Reg.   730 (Prop.)

DEPARTMENT OF STATE
Division of Professional Regulation200 Board of Landscape Architects..................................................................11 DE Reg.   347 (Final)
300 Board of Architects.....................................................................................11 DE Reg. 1340 (Prop.)
400 Delaware Gaming Control Board, (Regulations 401, 403 and 404)...........11 DE Reg.   155 (Prop.)
11 DE Reg.   516 (Final)
401 Regulations Governing Bingo.....................................................................11 DE Reg.   998 (Prop.)
402 Regulations Governing Raffles...................................................................11 DE Reg.   998 (Prop.)
403 Regulations Governing Charitable Gambling Other Than Raffles..............11 DE Reg.   998 (Prop.)
404 Regulations Governing No Limit Texas Hold’em Poker .............................11 DE Reg.   998 (Prop.)
500 Board of Podiatry, Sections 7 and 9...........................................................11 DE Reg.   157 (Prop.)
11 DE Reg.   688 (Final)
11 DE Reg. 1352 (Prop.)
700 Board of Chiropractic..................................................................................11 DE Reg.   348 (Final)
1400 Board of Electrical Examiners...................................................................11 DE Reg.   812 (Final)
1800 Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration
Examiners .................................................................................................11 DE Reg.     86 (Final)
2000 Board of Occupational Therapy................................................................11 DE Reg.   290 (Prop.)
11 DE Reg.   926 (Final)
2500 Board of Pharmacy,
Section 1.0, Pharmacist Licensure Requirements......................................11 DE Reg.   648 (Prop.)
11 DE Reg. 1065 (Final)
Section 2.0, Grounds for Disciplinary Proceeding.......................................11 DE Reg.   222 (Final)
Section 3.0, Pharmacy Requirements.........................................................11 DE Reg.   167 (Prop.)
11 DE Reg.   689 (Final)
2700 Board of Professional Land Surveyors.....................................................11 DE Reg. 1212 (Prop.)
2900 Real Estate Commission..........................................................................11 DE Reg.     87 (Final)
2925 Real Estate Commission Education Committee, Sections 6.0 and 8.0....11 DE Reg. 1354 (Prop.)
2930 Council on Real Estate Appraisers...........................................................11 DE Reg.   171 (Prop.)
11 DE Reg.   813 (Final)
11 DE Reg. 1012 (Prop.)
3000 Board of Professional Counselors of Mental Health and Chemical 
Dependency Professionals.........................................................................11 DE Reg.   225 (Final)
11 DE Reg.   653 (Prop.)
11 DE Reg. 1066 (Final)
3300 Board of Veterinary Medicine ...................................................................11 DE Reg.     88 (Final)
3500 Board of Examiners of Psychologists.......................................................11 DE Reg. 1228 (Prop.)
3600 Board of Registration of Geologists .........................................................11 DE Reg.     55 (Prop.)
11 DE Reg.   349 (Final)
3700 Board of Examiners of Speech/Language Pathologists, Audiologists
and Hearing Aid Dispensers.......................................................................11 DE Reg.   294 (Prop.)
11 DE Reg.   814 (Final)
3800 Committee on Dietetics/Nutrition..............................................................11 DE Reg.   226 (Final)
4400 Delaware Manufactured Home Installation Board....................................11 DE Reg.   177 (Prop.)
11 DE Reg.   691 (Final)
5300 Board of Massage and Bodywork.............................................................11 DE Reg.   178 (Prop.)
11 DE Reg.   692 (Final)
Uniform Controlled Substances Act Regulations...............................................11 DE Reg. 1024 (Prop.)

Human Relations Commission1501 Equal Accommodations............................................................................11 DE Reg. 1357 (Prop.)
1502 Fair Housing.............................................................................................11 DE Reg. 1357 (Prop.)

Office of the State Bank Commissioner2107/2208 Guidance on Nontraditional Mortgage Product Risks......................11 DE Reg.     90 (Final)
2108/2209 Statement on Subprime Mortgage Lending.....................................11 DE Reg.   298 (Prop.)
11 DE Reg.   693 (Final)
2302 Exemptions...............................................................................................11 DE Reg.   298 (Prop.)
11 DE Reg.   693 (Final)
3402 Surety Bond or Irrevocable Letter of Credit..............................................11 DE Reg.   298 (Prop.)
11 DE Reg.   693 (Final)
3700 Board of Examiners of Speech/Language Pathologists, Audiologists
 and Hearing Aid Dispensers......................................................................11 DE Reg.   814 (Final)

Public Service CommissionPSC Regulation Docket No. 49:The Creation of a Competitive Market for Retail
Electric Supply Service ..............................................................................11 DE Reg.   901 (Prop.)
PSC Regulation Docket No. 51: Water Utilities  ...............................................11 DE Reg.  465 (Prop.)
PSC Regulation Docket No. 56: Rules to Implement the Renewable Energy
Portfolio Standards Act   .............................................................................11 DE Reg.  485 (Prop.)
PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of 
Standard Offer Service by Delmarva Power & Light Company...................11 DE Reg.  906 (Prop.)

DEPARTMENT OF TRANSPORTATION
Division of Motor Vehicles2220 Determining Non-U.S. Citizen Driver License and Identification Card
Expiration Dates..........................................................................................11 DE Reg.  913 (Prop.)
11 DE Reg. 1261(Final)

Division of Planning and Policy2309 Standards and Regulations for Subdivision Streets and State
Highway Access .........................................................................................11 DE Reg.     67 (Prop.)
11 DE Reg.   815 (Final)

Division of Technology and Support Services2501 External Equal Employment Opportunity Complaint Procedure...............11 DE Reg.   731 (Prop.)
11 DE Reg. 1067 (Final)

Division of Transportation SolutionsUniform Traffic Control Devices, Parts 2, 3, 4, 5 and 10...................................11 DE Reg.   227 (Final)
Part 6......................................................................................................11 DE Reg.   694 (Final)
Parts 1, 7, 8 and 9.......................................................................................11 DE Reg. 1372 (Prop.)

Office of Motor Fuel Tax Administration2401 Regulations for the Office of Retail Gasoline Sales..................................11 DE Reg.  517 (Final)

EXECUTIVE DEPARTMENT
Delaware Economic Development Office1104 Administration and Operation of Council on Development Finance.........11 DE Reg.  499 (Prop.)
11 DE Reg.  927 (Final)

GOVERNOR’S OFFICE
Executive Orders:No. 98 Establishing The Leadership For Education Achievement In Delaware Committee229
No. 99 Study By The State Fire Prevention Commission Regarding Audits of Volunteer
Fire Companies................................230
No. 100 Creating a Task Force Dealing with the Delaware Psychiatric Center 519
No. 101 Establishing The Child Poverty Task Force.....520
No. 102 Creating The Delaware Information Assurance Task Force.....696
No. 103 Declaring Drought Watch..........      821
No. 104 Establishment of the Statewide Interoperability Executive Council ...929
No. 105 Amendment to Executive Order Number One Hundred Two.....        1069
No. 106 Reallocation of State Private Activity Bond Volume Cap For Calendar Year 2007
and Initial Suballocation of State Private Activity Bond Volume Cap For Calendar Year 2008  1267




PUBLIC NOTICE
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rule 8 by a change to Rule 8.3.5.9.4. The Commission will hold a public hearing on the proposed rule changes on June 10, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on May 1, 2008.
The proposed changes are for the purpose of updating Rule 8 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml. A copy is also available for inspection at the Racing Commission office.
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8.1General Provisions
The purpose of this Rule is to protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing.
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8.3.5.9Bleeder List
8.3.5.9.1The Bleeder Medication Veterinarian shall maintain a Bleeder List of all horses which have demonstrated external evidence of exercise induced pulmonary hemorrhage (EIPH) or the existence of hemorrhage in the trachea post exercise upon:
8.3.5.9.1.1visual examination wherein blood is noted in one or both nostrils either:
8.3.5.9.1.1.1during a race;
8.3.5.9.1.1.2immediately post-race or post-exercise on track; or
8.3.5.9.1.1.3within one hour post-race or post-exercise in paddock and/or stable area, confirmed by endoscopic examination; or
8.3.5.9.1.2endoscopic examination, which may be requested by the owner or trainer who feels his horse is a bleeder. Such endoscopic examination must be done by a practicing veterinarian, at the owner's or trainer's expense, and in the presence of the Commission Veterinarian. Such an examination shall take place within one hour post-race or post-exercise; or
8.3.5.9.1.3presentation to the Commission Veterinarian, at least 48 hours prior to racing, of a current Bleeder Certificate from an official veterinarian from any other jurisdiction, which show the date, place and method -- visual or endoscopy -- by which the horse was determined to have bled, or which attests that the horse is a known bleeder and receives bleeder medication in that jurisdiction, provided that such jurisdiction's criteria for the identification of bleeders are satisfactory to the Commission Veterinarian.
8.3.5.9.2The confirmation of a bleeder horse must be certified in writing by the Commission Veterinarian and entered on the Bleeder List. Copies of the certification shall be issued to the owner of the horse or the owner's designee upon request. A copy of the bleeder certificate shall be attached to the horse's eligibility certificate.
8.3.5.9.3Every confirmed bleeder, regardless of age, shall be placed on the Bleeder List, and furosemide or Furosemide with Aminocaproic Acid, if applicable must be administered to the horse in accordance with these rules prior to every race, including qualifying races, in which the horse starts.
8.3.5.9.4A horse which bleeds (EPIH) based on the criteria set forth in 8.3.5.9.1 above shall be restricted from racing at any facility under the jurisdiction of the Commission, as follows:
8.3.5.9.4.11st time - 10 days;
8.3.5.9.4.22nd time - 30 days, provided that the horse must be added to or remain on the Bleeder List, and must complete a satisfactory qualifying race before resuming racing;
8.3.5.9.4.33rd time - 30 days, and the horse shall be added to the Steward's Veterinarian’s List, to be removed at the discretion of the Commission Veterinarian following a satisfactory qualifying race after the mandatory 30-day rest period; and
8.3.5.9.4.44th time - barred for life.
8.3.5.9.5An owner or trainer must notify the Commission Veterinarian immediately of evidence that a horse is bleeding following exercise or racing.
8.3.5.9.6A horse may be removed from the Bleeder List at the request of the owner or trainer, if the horse completes a 10-day rest period following such request, and then re-qualifies. A horse may discontinue the use of Aminocaproic Acid without a ten (10) day rest period or having to reliquary provided the horse was on Aminocaproic Acid for thirty (34) days or more. In addition, once a horse discontinues the use of Aminocaproic Acid, it is prohibited from using said medication for ninety (90) days from the date of its last administration for Aminocaproic Acid.
8.3.5.9.7Any horse on the Bleeder List which races in a jurisdiction where it is not eligible for bleeder medication, whether such ineligibility is due to the fact that it does not qualify for bleeder medication in that jurisdiction or because bleeder medication is prohibited in that jurisdiction, shall automatically remain on the Bleeder List at the discretion of the owner or trainer, provided that such decision by the owner or trainer must be declared at the time of the first subsequent entry in Delaware, and the Furosemide and Aminocaproic Acid symbols in the program shall appropriately reflect that the horse did not receive Furosemide or Furosemide with Aminocaproic Acid its last time out. Such an election by the owner or trainer shall not preclude the Chief DHRC Veterinarian, or Presiding Judge from requiring re-qualification whenever a horse on the Bleeder List races in another jurisdiction without bleeder medication, and the integrity of the Bleeder List may be questioned.
8.3.5.9.8Any horse on the Bleeder List which races without Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Lasix shall automatically be removed from the Bleeder List. In order to be restored to the Bleeder List, the horse must demonstrate EIPH in accordance with the criteria set forth in subdivision 8.3.5.9.1 above. If the horse does demonstrate EIPH and is restored to the Bleeder List, the horse shall be suspended from racing in accordance with the provisions of 8.3.5.9.4 above.
8.3.5.9.9The Presiding Judge, in consultation with the Commission Veterinarian, will rule on any questions relating to the Bleeder List.
8.3.5.10Medication Program Entries
It is the responsibility of the trainer at the time of entry of a horse to provide the racing secretary with the bleeder medication status of the horse on the entry blank, and also to provide the Commission Veterinarian with a bleeder certificate, if the horse previously raced out-of-state on bleeder medication.
(Break in Continuity of Sections)
*Please Note:  As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Harness Racing Commission is available at: http://regulations.delaware.gov/AdminCode/title3/500/index.shtml#TopOfPage
Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A.Type of Regulatory Action Requested
Amendment to Existing Regulation
B.Synopsis of Subject Matter of Regulation
The Secretary of Education seeks to amend 14 DE Admin. Code 410 Satellite School Agreements to clarify the process by which a local school district or charter school can establish a satellite school. Pursuant to Title 14, Section 2005 of Delaware Code “a ‘satellite school’ is defined as a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.”
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 6, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation outlines the process for the establishment of satellite schools not achievement standards. 
2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation outlines the process for the establishment of satellite schools not equal education issues.
3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses health and safety issues as part of the establishment of satellite schools.
4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation outlines the process for the establishment of satellite schools not students’ legal rights
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? The statue requires that there be a regulation concerning the establishment of satellite schools.
10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the state and to the local school boards for compliance with the amended regulation.
410 Satellite School Agreements
As per 14 Del.C. §2005 a satellite school is defined as a public school that operates in physical facilities leased from, donated by or located on property that is owned or leased by a private sector or governmental employer which is not the school district or charter school operating the satellite school.
Satellite school facilities shall be subject to the same health and safety codes required of other public school facilities. Plans and specifications of proposed satellite school facilities shall be submitted for review and approval, as appropriate, to the following agencies by the local district or charter school board: Fire Marshal of appropriate jurisdiction, Architectural Accessibility Board, Division of Public Health for food preparation and serving area and swimming pools, Department of Natural Resources and Environmental Control for wastewater and erosion control, local building officials to provide a Certificate of Occupancy or Approval, State Risk Manager and the Department of Education.
Certificates of Occupancy or Occupancy Permits shall be obtained from the appropriate jurisdictional authorities prior to occupancy of the facilities by the satellite school. A copy of such certificate or permit shall be provided to the Department of Education. The satellite school facilities shall be subject to the same periodic inspections for health and safety as other public schools.
The reorganized school district or charter school shall confer with the State Risk Manager regarding any liabilities that they and their employees may be subject to and shall provide appropriate protection and coverage for same.
2 DE Reg. 1383 (2/1/99)
6 DE Reg. 1348 (4/1/03)
Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A.Type of Regulatory Action Requested
Amendment to Existing Regulation
B.Synopsis of Subject Matter of Regulation
The Secretary of Education seeks to amend 14 DE Admin. Code 608 Unsafe School Choice Option for Students in Persistently Dangerous Schools and for Students who have been Victims of a Violent Felony. The amendment changes the title of the regulation to 608 Unsafe School Choice Option Policy, adds another definition and requires each school district and charter school to have an electronic copy on file with the Department of Education of the current policies and procedures describing school choice options to a student who is the victim of a violent felony, including the process for notifying parents and provide any new or revised policies and procedures to the Department of Education within ninety (90) days of any revision(s). In addition, the amended regulation clarifies suspension and expulsion data are used for the determination of persistently dangerous schools.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 6, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses school climate issues which can have an impact on student achievement.
2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses school climate issues not equitable education issues.
3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation continues to ensure all student’s health and safety are adequately protected.
4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses school climate issues that include the issue of students’ legal rights.
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will add some additional reporting and administrative requirements at the local board and school levels in order to comply with the federal statute.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? Federal legislation requires that the State have this regulation in order to receive federal funds.
10.What is the cost to the State and to the local school boards of compliance with the regulation? Federal funds are available to cover some of the additional costs to the State and to the local school boards for compliance with this regulation.
608 Unsafe School Choice Option for Students in Persistently Dangerous Schools and for Students who have been Victims of a Violent Felony Policy
The Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind Act of 2001), requires that a State Education Agency establish a State Unsafe School Choice Option policy in order to receive funding under ESEA.
In this regulation, the following terms shall have the meanings indicated below:
"Crime" shall have the same meaning as provided in 14 Del.C. §4112.
"Enrolled Students" unless the context indicates otherwise, means all students included in the Delaware Student Information System (DELSIS) report for the year of the data collection.
"Expulsion" means, for purposes of this regulation, the exclusion from the regular school setting for a period determined by the local district board or charter school board not to exceed one year. The process for readmission shall be determined by the local district board or charter school board.
"Firearm" means handgun, rifle, shotgun, or other type of firearm as that term is defined in the federal Gun Free Schools Zone Act at 18 U.S.C.A. §921.
"Fiscal Year" means the period of July 1 through June 30.
"Gun Free Schools Violation" means the prohibited bringing to school, or possession while in school of a firearm by a student.
"Persistently Dangerous School" means a school that has five or more unsafe incidents for every one hundred students enrolled for three consecutive fiscal years.
"Safe School" means a school in the same school district that is not currently identified by the Department of Education as a persistently dangerous school.
"School" means any public school including charter schools. School property shall have the same meaning as provided in 14 Del.C. §4112 (a)(9).
"Suspension" means, for the purpose of this regulation, the external (out of school) removal of a student from the general school population.
"Terroristic Threatening" shall have the same meaning as provided in 11 Del.C. §621.
"Unsafe Incidents" means any of the following:
The school suspended or expelled a student for a gGun fFree sSchools vViolation; or
The school suspended or expelled a student for a crime committed on school property which is required to be reported under 14 Del.C. §4112; or
The school reported a crime committed by a non student on school property that is required to be reported under 14 Del.C. §4112; or
The school suspended or expelled a student for terroristic threatening as that term is defined in 11 Del.C. §621.
"Violent Felony" shall have the same meaning as provided in 11 Del.C. §4201(c). (A list of these crimes can be found in the Delaware Guidelines for the Development of the Unsafe School Choice Option.)
2.1Beginning in July 2003, tThe Department of Education shall identify each persistently dangerous school using the data reported to it pursuant to the provisions of 14 Del.C. §4112 and, 14 DE Admin. Code 601, and any expulsion and suspension data as required by the Department.
2.12Notwithstanding any provision herein to the contrary, any year that a school fails to comply with the reporting mandates, as set forth in 2.01 above, to the Delaware Department of Education or to the appropriate police agency as set forth above, the Department of Education will consider the school as if it otherwise met the criteria to be classified as a persistently dangerous school for that year until such time as it may be determined, in the sole discretion of the Department, that the school has met such reporting requirements.
2.23A school identified as persistently dangerous will retain that designation for the entire fiscal year.
3.1A student attending a persistently dangerous school shall be allowed to choice to a safe school in the same school district, including a charter school; provided such an option exists in the district, the student should be permitted to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action or restructuring.
3.12Each public school district having one or more persistently dangerous schools and any charter school identified as a persistently dangerous school shall develop a plan and time line that describes the process for notifying parents of the school's status and for relocating any student who exercises the right to choice to a safe school. The plan shall also describe the corrective actions that will be implemented. The plan shall be forwarded to the Department of Education no later than September 15th of the year that the school is identified.
4.1A student who is the victim of a vViolent fFelony while in or on the grounds of a school in which the student is enrolled shall be allowed to choice to a safe school in the same school district, including a charter school; the student should be permitted to transfer to a school that is making adequate yearly progress and has not been identified as being in school improvement, corrective action or restructuring.
4.12All school districts and charter schools shall establish a plan that describes their policies and procedures for providing school choice options to a student who is the victim of a violent felony, including the process for notifying parents. These plans shall be forwarded to the Department of Education by September 15, 2003. Each school district and charter school shall have an electronic copy of the current policies and procedures on file with the Department of Education.
4.3Each school district and charter school shall provide an electronic copy of any new or revised policies and procedures within ninety (90) days of any revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance or policies.
7 DE Reg. 67 (7/1/03)
Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)
A.Type of Regulatory Action Required
Amendment to Existing Regulation
Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks to amend 14 DE Admin. Code 745 Criminal Background Check for Public School Related Employment by requiring student teachers to have criminal background checks prior to placement in a school setting. The amended regulation was originally advertised in the December 1, 2007 Register of Regulations. This regulation is being re-advertised to clarify the responsibility of the higher education institutions in regard to the criminal background checks for persons being placed in student teacher assignments.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 6, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, DE 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? This regulation is related to criminal background checks for student teachers and does not directly affect the student achievement as measured against state achievement standards.
2.Will the amended regulation help ensure that all students receive an equitable education? This regulation is related to criminal background checks for student teachers and does not directly ensure whether students receive an equitable education.
3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This regulation is related to criminal background checks for student teachers and will help ensure students’ health and safety are better adequately protected.
4.Will the amended regulation help to ensure that all students’ legal rights are respected? This regulation is related to criminal background checks for student teachers and does not directly affect that students’ legal rights are respected. 
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This regulation is related to criminal background checks for student teachers and preserves the necessary authority and flexibility of decision making at the local board and school levels. 
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The re-advertised regulation is related to criminal background checks for student teachers and makes changes so as not to place unnecessary reporting or administrative requirements or mandates on decision makers at the local board or school levels. 
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The re-advertised regulation is related to criminal background checks for student teachers and allows the higher education institutions to make the determination of suitability for placement in a public school to reduce administrative requirements at the district or school level. 
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? This regulation is related to criminal background checks for student teachers and is consistent with the implementation of other state educational policies. 
9.Is there a less burdensome method for addressing the purpose of the regulation? The re-advertised regulation has been changed with input from the higher education institutions to help ensure this process is as efficient and less burdensome as possible.
10.What is the cost to the State and to the local school boards of compliance with the regulation? Currently the state provides funds for criminal background checks.
745 Criminal Background Check for Public School Related Employment and Student Teaching•All final candidates for public school related employment for compensation;
•All those persons who supply contracted services directly to students of a public school, or those who supply contracted services to a public school which results in regular direct access to children in or through a public school; and
•All those persons who have regular direct access to children in or through an extra duty position (also called Extra Pay for Extra Responsibility (EPER position) in public schools whether the person receives compensation or not.
•Instructors in adult corrections institutions;
•Instructors in adult education programs involving Apprenticeship, Trade Extension, or a vocational general interest programs, or instructors in Adult Basic Education and GED programs who do not service students under age 18;
•Directly supervised professional artists sponsored by the Division of the Arts, Arts in Education Program, Very Special Arts and the Delaware Institute for the Arts in Education; and
•Substitute food service workers.
10 DE Reg. 684 (10/01/06)
2.1.4.1Confirm the receipt of that original and disclose its contents to the district superintendent or charter school director or district or charter school chief personnel officer of other Delaware school districts or charter schools considering the person as a candidate.
2.1.4.2Send the original criminal background check to the placing school district or charter school if the candidate is hired or placed under contract in another Delaware school district or charter school,
2.1.4.3Send any subsequent criminal history information to the person’s employing or contracting school district(s) or charter school(s).
2.1.6.1The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;
2.1.6.2The criminal background check shall be sent directly from the criminal background check agency in the other state to a Delaware school district or charter school;
2.1.6.3A verification from the candidate's most recent employer(s) covering the previous twelve (12) months, stating that the employer knows of no offenses committed by the candidate during that time, shall be sent directly from the candidate's most recent employer(s) to the Delaware school district or charter school which was sent the original background check.
2.1.6.4The out of state candidate shall sign a release to allow the school district or charter school receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.
10 DE Reg. 684 (10/01/06)
3.1.4.1Confirm the receipt of that original and disclose its contents to the district superintendent or charter school director or district or charter school chief personnel officer of Delaware school districts or charter schools considering the person as a candidate for a Student Teaching Position.
3.1.4.2Send a copy of the criminal background check to the placing school district or charter school if the candidate is placed in a Student Teaching Position.
3.1.4.3Send any subsequent criminal history information to the school district or charter school where the candidate is engaged in student teaching activities.
3.1.5.1Notwithstanding the above, a school district or charter school may have criteria for student teaching placement that differs from the criteria for public school employment, therefore a person in a student teacher position may be denied subsequently employment. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal as set forth in 7.0.
3.1.6.1The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;
3.1.6.2The criminal background check shall be sent directly from the criminal background check agency in the other state to the higher education institution;
3.1.6.3The out of state candidate shall sign a release to allow the higher education institution receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.
10 DE Reg. 684 (10/01/06)
10 DE Reg. 684 (10/01/06)
5.3.2.1 7.3.2.1Local school districts and charter schools shall develop procedures for appeals for reconsideration. The process shall be as informal and accessible as possible, but shall allow for impartial and complete review.
10 DE Reg. 684 (10/01/06)
10 DE Reg. 684 (10/01/06)
10 DE Reg. 684 (10/01/06)
5 DE Reg. 865 (10/1/01)
10 DE Reg. 684 (10/01/06)
Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A.Type of Regulatory Action Required
Amendment to Existing Regulation
Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 915 James H. Groves High School by adding the requirement in 4.4.1 that students enrolled in the James H. Groves High School must successfully complete and receive credit for a minimum of one Groves course in order to receive a State of Delaware diploma.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before Friday, June 6, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation will help improve student achievement as measured against state achievement standards by providing opportunities for older students to complete their high school education. 
2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation will help ensure that all students receive an equitable education because the Groves students will have to meet the same standards as students in regular high school programs, except for physical education.
3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses academic requirements not health and safety issues.
4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses academic requirements not legal rights issues.
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? There in no less burdensome method for addressing the purpose of the regulation.
10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State and to the local school board.
915 James H. Groves High School
(Break in Continuity of Sections)
10 DE Reg. 988 (12/01/06)
10 DE Reg. 988 (12/01/06)
10 DE Reg. 988 (12/01/06)
7.1.2.1A formal request for full Center status shall be made to the Department at the end of year one as a satellite or pilot Center. The request shall include:
10 DE Reg. 988 (12/01/06)
(Break in Continuity of Sections)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                   915 James H. Groves High School
PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding the DRA 2005 Third Party Data Exchange Mandate.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by May 31, 2008.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED AMENDMENT
The proposed amends the Title XIX Medicaid State Plan to document compliance with Section 6035 of the Deficit Reduction Act of 2005 (DRA). Section 6035 requires States to have laws which mandate that third parties comply with all of the provisions of section 1902(a)(25)(I) of the Social Security Act (the Act).
Statutory Authority
•Deficit Reduction Act of 2005 (Public Law 109-171), enacted on February 8, 2006, Section 6035, Enhancing Third Party Identification and Payment
•House Bill 101, 144th General Assembly, An Act to Amend Title 18 of the Delaware Code Relating to the Insurance Code
Background
Third Party Liability (TPL) refers to the legal obligation of third parties, i.e., certain individuals, entities, or programs, to pay all or part of the expenditures for medical assistance furnished under a State plan. The Medicaid program by law is intended to be the payer of last resort; that is, all other available third party resources must meet their legal obligation to pay claims before the Medicaid program pays for the care of an individual eligible for Medicaid. Examples of third parties which may be liable to pay for services include private health insurance, Medicare, employment-related health insurance, court-ordered health insurance derived by noncustodial parents, court judgments or settlements from a liability insurer, workers' compensation, first party probate-estate recoveries, long-term care insurance, and other State and Federal programs (unless specifically excluded by Federal statute). 
Individuals eligible for Medicaid assign their rights to third party payments to the State Medicaid agency. States are required to take all reasonable measures to ascertain the legal liability of third parties to pay for care and services available under the State plan. Once States have determined that a potentially liable third party exists, the State is required to either "cost avoid" or "pay and chase" claims. Cost avoidance is where the provider of services bills and collects from liable third parties before sending the claim to Medicaid. Pay and chase is utilized when the State Medicaid agency pays the medical bills and then attempts to recover from liable third parties. 
Section 6035(b) of the Deficit Reduction Act of 2005 (DRA) created a new subsection (I) in section 1902(a)(25) of the Act. Under that new subsection, States are required to have laws that mandate health insurers or other parties that are legally responsible for payment of a claim for a health care item or service to provide the State with information that enables State Medicaid agencies to determine the existence of third party coverage for Medicaid recipients. States must amend their State plans to include an attestation that the required State law is in place.
The provisions of section 6035 of the DRA were effective January 1, 2006, except where States must pass new laws to comply with the DRA. States that already have the requisite laws should submit an amendment to their State plan as soon as practicable. States that do not currently have the required laws in place should enact the required legislation during their next legislative session and submit a State Plan amendment as soon as the legislation has been enacted.
Summary of Proposed Amendment
House Bill (HB) 101 was signed into law by the Governor on February 4, 2008. HB 101 implements the requirement in the DRA mandate that states have laws in place to require that, as a condition of conducting business in the State, all health insurers provide eligibility and coverage information to the State Medicaid Agency, when the State requests such information. This information exchange will guarantee that third party insurance coverage is exhausted before Medicaid pays for a service for Medicaid recipients who also have third party coverage.
The Division of Medicaid and Medical Assistance (DMMA) will amend the Title XIX Medicaid State Plan to provide assurances, satisfactory to the Secretary, that it has laws in effect requiring health insurers (including parties that are legally responsible for payment of a claim for a health care item or service), as a condition of doing business in the state: 
(1)To provide, upon request of the state, eligibility and claims payment data with respect to individuals who are eligible for or receiving Medicaid;
(2)To accept an individual’s or other entity’s assignment of rights (i.e., rights to payment from the parties) to the state;
(3)To respond to any inquiry from the state regarding a claim for payment for any health care item or service submitted not later than three years after the date such item or service was provided; and, 
(4)To agree not to deny a claim submitted by the state solely on the basis of the date of submission of the claim.
DMMA will also, amend the state plan regarding the frequency of data exchange for health insurance carriers from “biannually” to “No less than once every two (2) months, unless written permission is given in advance by the agency.”
DMMA PROPOSED REGULATIONS #08-12
REVISIONS:
69
Revision:HCFA-PM-94-1(MB)
FEBRUARY 1994
State/Territory: DELAWARE
Citation-
4.22 Third Party Liability
42 CFR 433.137(a)The Medicaid agency meets all requirements of:
(1)42 CFR 433.138 and 433.139.
(2)42 CFR 433.145 through 433.148.
(3)42 CFR 433.151 through 433.154.
1902(a)(25)(H) and (I)(4)Sections 1902(a)(25)(H) and (I).
of the Act.
Section 6035 of the (5)Section 6035 of the Deficit Reduction Act of 2005
DRA of 2005
42 CFR 433.138(f)(b)Attachment 4.22-A
(1)Specifies the frequency with which data exchanges required
in §433.138(d)(1), (d)(3) and (d)(4) and the diagnosis and
trauma code edits required in §433.138(e) are conducted;
42 CFR 433.138(g)(1)(ii)(2)Describes the methods and the agency uses for meeting
and (2)(ii) the follow-up requirements contained in §433.138(g)(1)(i) 
and (g)(2)(i);
42 CFR 433.138(g)(3)(i)(3)Describes the methods the agency uses for following up 
and (iii)on information obtained through the State motor vehicle
accident report file data exchange required under
§433.138(d)(4)(ii) and specifies the time frames for
incorporation into the eligibility case file and into its third party
data base and third party recovery unit of all information
obtained through the follow-up that identifies legally liable
third party resources; and
§433.138(g)(4)(i)(4)Describes the methods the agency uses for following up on
through (iii) paid claims under §433.138(e) (methods include a
procedure for periodically identifying those trauma codes that
yield the highest third party collections and giving priority to
following up on those codes) and specifies the time frames
for incorporation into the eligibility case file and into its third
party data base and third party recovery unit of all information
obtained through the follow-up that identified legally liable
third party resources.
(Break in Continuity of Sections)
ATTACHMENT 4.22-A
Page 1
OMB NO.:0938-0193
STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT
State/Territory: DELAWARE
Requirements for Third Party Liability (TPL) – 
Identifying Liable Resources
1.Frequency of TPL Matches Data Exchange Frequency (42 CFR 433.138(f)):
a.SSA wage – quarterly
b.IV-A agency – in Delaware is the same as the Title XIX agency and updates are available, daily
c.State Workmen’s Compensation files – weekly
d.Motor vehicle – not computerized – no match available
e.SWICA – quarterly
f.Health Insurance Carriers – biannually no less than once every two (2) months, unless written
permission is given in advance by the agency
2.Follow-up requirements of 42 CFR 433.138 (g)(1) (i) and (g) (2) (i):
As soon as any matches on employers are received by the Delaware Client Information System (DCIS), 
the system will automatically generate a letter to verify health insurance coverage. This action will be 
taken within 30 days of the receipt of the match data.
3.State motor vehicle match is unavailable because of the information needed for TPL is not carried in the 
State’s motor vehicle automated system. (42 CFR 433.138(g)(3)
4.Trauma code reports are produced weekly by the fiscal agent. The TPL unit sends an accident inquiry 
form to the client/provider within two weeks regarding potential TPL. Positive responses result in a request 
for claims history and subsequent bills generated to applicable insurance company or attorney. Any 
information on ongoing legally liable third party resources is immediately entered into the third party 
database, which is part of the Medicaid Management Information System (MMIS). (42 CFR 433.138(g)(4)
(Break in Continuity of Sections)
NEW:
SUPPLEMENT TO ATTACHMENT 4.22
STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT
State/Territory: DELAWARE
STATE LAWS REQUIRING THIRD PARTIES TO PROVIDE
COVERAGE ELIGIBILITY AND CLAIMS DATA
1902(A)(25)(I)The State has in effect laws that require third parties to comply with the provisions,
including those which require third parties to provide the State with coverage, eligibility
and claims data, of 1902(A)(25)(I) of the Social Security Act.
PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan related to School-Based Health Services.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by May 31, 2008.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED AMENDMENT
The proposed amends the Title XIX Medicaid State Plan as it relates to School-Based Health Services.
Statutory Authority
•Section 504 of the Rehabilitation Act of 1973;
•45 CFR Part 84, Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance;
•Individuals with Disabilities Education Act (IDEA) - P.L. 94-142; 
•Section 411(k)(13) of the Medicare Catastrophic Coverage Act of 1988 - P.L. 100-360;
•42CFR§440.40, Early and Periodic Screening and Diagnosis and Treatment;
•42CFR§431.53, Assurance of Transportation; and,
•42CFR§433.20, Rates of FFP for Administration: Reimbursement for School-Based Administrative Expenditures (NEW)
Background
School-Based Health Services
The Medicaid program can pay for certain medically necessary services which are specified in Medicaid law when provided to individuals eligible under the state plan for medical assistance. The Individuals with Disabilities Education Act (IDEA) formerly called the Education of the Handicapped Act, authorized Federal funding to states for programs that impact Medicaid payment for services provided in schools. 
Section 411(k)(13) of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360) amended section 1903(c) of the Act to permit Medicaid payment for medical services provided to children under IDEA through a child’s Individualized Education Plan (IEP) or Individualized Family Service Plan (IFSP). This amendment was enacted to ensure that Medicaid would cover the health-related services under IDEA. 
Under Part B of IDEA, school districts must prepare an IEP for each child which specifies all special education and “related services” needed by the child. The Medicaid program can pay for some of the “health related services” required by Part B of IDEA in an IEP, if they are among the services specified in Medicaid law. In addition, the services must be included in the state’s Medicaid plan or available through the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Program. Examples of such services include physical therapy, speech pathology services, occupational therapy, psychological services and medical screening and assessment services. In summary, the Centers for Medicare and Medicaid Services’ (CMS) policy is that health-related services included in a child’s IEP or IFSP can be covered under Medicaid if all relevant statutory and regulatory requirements are met. A state may cover services often included in an IEP or IFSP as long as: 1) the services are medically necessary and coverable under a Medicaid coverage category (speech therapy, physical therapy, etc.); 2) all other Federal and state regulations are followed, including those for provider qualifications, comparability of services and the amount, duration and scope provisions; and, 3) the services are included in the state’s plan or available under the EPSDT Program.
School Administration Expenditures and Costs Related to Transportation of School-Age Children Between Home and School.
On December 28, 2007, CMS published a final rule, at 72 Federal Register 73635, which would eliminate Federal Medicaid payment for school administration expenditures and costs related to transportation of school-aged children between home and school. The Secretary has found that these activities are not necessary for the proper and efficient administration of the Medicaid State plan and are not within the definition of the optional transportation benefit. 
Based on these determinations, under this final rule, Federal Medicaid payments will no longer be available for administrative activities performed by school employees or contractors, or anyone under the control of a public or private educational institution, and for transportation from home to school. 
This regulation is effective on February 26, 2008. Under legislation passed by Congress, there is a six-month delay in implementing these changes so school budgets in the 2007-2008 school year will not be affected. However, Congress is making new efforts to delay CMS’s rules to allow time for further review of the financial impact the rules will have on states, local government agencies and providers. The current moratorium that precludes CMS from implementing these rules will expire on June 30, 2008.
Summary of Proposed Amendment
CMS reviewed both the School-Based Health Services program and reimbursement methodology included in the Title XIX Medicaid State Plan. Pending that review, CMS only approved the current methodology until July 1, 2008. The Division of Medicaid and Medical Assistance (DMMA) must amend the State Plan at Attachment 3.1-A to clarify and update the description of covered categories of services and revise the reimbursement methodology for these services at Attachment 4.19-B.
Therefore, effective July 1, 2008, reimbursement for covered services provided or purchased by the Department of Education (DOE) or Local Education Agencies (LEA) is determined on a fee-for-service basis. Rates include allowable direct costs (salaries, benefits, purchase of service and other costs directly related to the delivery of the medical services) and indirect costs, allocated as part of an approved Cost Allocation Plan per OMB Circular A-87. Rates must be consistent with efficiency, economy and quality of care. Also, upon implementation by CMS, Federal Financial Participation (FFP) will not be available for the cost of transportation of school-age children between home and school pursuant to 42 CFR §§431.53(b) and 433.20.
The provisions of this amendment are subject to approval by the Centers for Medicare and Medicaid Services (CMS).
DMMA PROPOSED REGULATIONS #08-17
REVISIONS: 
ATTACHMENT 3.1-A
Page 2 Addendum
State of Delaware 
AMOUNT, DURATION, AND SCOPE OF MEDICAL
AND REMDIAL CARE AND SERVICES PROVIDED TO THE
CATEGORICALLY NEEDY
LIMITATIONS:
4.b.EPSDT services are limited only by medical necessity criteria and are not arbitrarily limited in amount, 
duration, or scope. Limitations on organ transplants are identified in Attachment 3.1-A, Page 1
Addendum.
Non-State Plan EPSDT services include:
1)Prescribed Pediatric Extended Care (PPEC) services facilities that are licensed as such by the State’s 
Office of Health Facilities, Licensing and Certification and that are provided as an alternative to more 
expensive institutionalization or as an alternative to community/home care for children who are 
determined to be in medical need of the service. These services include nursing, nutrition, 
developmental assessment, speech therapy, physical therapy and occupational therapy provided in an 
outpatient setting, up to twelve hours per day, five days a week.
PPEC services will must be prior authorized on an individual basis, using policy established by the 
Delaware Medicaid program.
ATTACHMENT 3.1-A
Page 2 Addendum
State of Delaware 
AMOUNT, DURATION, AND SCOPE OF MEDICAL
AND REMDIAL CARE AND SERVICES PROVIDED TO THE
CATEGORICALLY NEEDY
4.b.(continued)
2)School-Based Health Services – Medicaid covers the following health and mental health services 
provided in a school setting or purchased by the Delaware Department of Education (DOE) or
Local Education Agency (LEA) when they are medically necessary and furnished by providers
meeting specified criteria:
(a)EPSDT screens, including vision, dental, immunization, orthopedic and developmental
screening (per 42 CFR §440.40(b) and 441 Subpart B)
(b)Nursing Services, including provision of one-on-one individualized Health Education (per 42
CFR §440.60 and §440.170)
(c)Assessment and/or Treatment as follows:
Physical Therapy, Occupational Therapy, Speech Therapy, Language, and Hearing Services,
Vision, Dental, Immunizations, Developmental/Orthopedic, Health Education, Psychological 
(per 42 CFR §440.110)
(d)Medically necessary behavioral health services designed to correct or ameliorate a mental
health or developmental disability and restore a recipient to his or her best possible level of
functioning as determined via an EPSDT screen and documented in an Individualized
Education Plan (IEP)/Individualized Family Service Plan (IFSP) (per 42 CFR §§440.130 and
440.160), including:
•Mental health assessment
•Psychological and developmental testing
•Counseling and therapy
•Facility-based mental health or developmental disability treatment
•Inpatient psychiatric services for individuals under age 21
If the regulatory changes at 42 CFR §§431.53(b) and 433.20 regarding the elimination of 
reimbursement for the cost of transportation of school-age children between home and school
either as a reimbursable service or administrative activity are implemented, Delaware will cease 
claiming for those costs as of the effective date.
With the exception of EPSDT screens, all services provided under this section are diagnostic or 
active treatments designed to reasonably improve the student’s physical or mental condition and 
are provided to the student whose condition or functioning can be expected to reasonably improve 
with interventions.
Such services shall be medically necessary and shall be prescribed in a written treatment plan 
signed by a licensed practitioner within the scope of practice as defined under state law or 
regulations and documented in the student’s IEP/IFSP. Services must be performed by qualified 
professionals operating within the scope of their practice under State law and regulations.
ATTACHMENT 3.1-A
Page 2 Addendum
State of Delaware 
AMOUNT, DURATION, AND SCOPE OF MEDICAL 
AND REMDIAL CARE AND SERVICES PROVIDED TO THE 
CATEGORICALLY NEEDY
Services must be provided by qualified providers who meet the requirements of the regulations cited
above in this section and other applicable state law and regulations. Unlicensed professionals may
operate under the direction of a licensed practitioner who acts as supervisor and is responsible for the
work, who plans the work and methods, who regularly reviews the work performed and who is
accountable for the results. Supervision must adhere to the requirements of the practitioner’s
applicable licensing board. The licensed practitioner must co-sign documentation for all services
provided by practitioners under his or her direction.
Providers must maintain all records necessary to fully document the nature, quality, amount and
medical necessity of services furnished to Medicaid recipients.
3)Mental Health and Drug/Alcohol services approved and monitored through the Department of Services
for Children, Youth and their Families. These include:
(a)Mental Health Outpatient Services
(b)Mental Health Case Management
(c)Professional Medical Services (i.e., neurologists, clinical psychologists, psychiatric social workers
and other licensed medical providers)
(d)Psychiatric facility services
(e)Drug/Alcohol Rehabilitation Services
4)Assistive Technology
5)Orthotics and Prosthetics
6)Chiropractic Services
7)Any other medical or remedial care provided by licensed medical providers
8)Any other services as required by §6403 of OBRA ’89 as it amended §1902(a)(43), §1905(a)(4)(B) and
added a new §1905(r) to the Act
(Break in Continuity of Sections)
ATTACHMENT 4.19-B
Page 19a
5.Other EPSDT Services
Reimbursement for services not otherwise covered under the State Plan is determined by the Medicaid 
agency through review of a rate setting committee. Non-institutional services are paid on a fee-for-
service basis. Institutional services are per diem rates based on reasonable costs. These services 
include:
(a)Prescribed Pediatric Extended Care - see ATT. 4.19-B, Page 7
(b)Inpatient and Partial Hospital Psychiatric Services – reimbursed on a per diem basis
(c)Outpatient Psychiatric Facility Services - fee-for-service
(d)School-Based Health Services - fee-for-service: this reimbursement methodology will expire
effective July 1, 2008 reimbursement for covered services provided or purchased by the
Department of Education (DOE) or Local Education Agencies (LEA) is determined on a fee-for-
service basis. Rates include allowable direct costs (salaries, benefits, purchase of service and
other costs directly related to the delivery of the medical services) and indirect costs, allocated as
part of an approved Cost Allocation Plan per OMB Circular A-87. Rates must be consistent with
efficiency, economy and quality of care. Upon implementation by CMS, FFP will not be available
for the cost of transportation of school-age children between home and school pursuant to 42 CFR
§§431.53(b) and 433.20
(e)Mental Health and Drug/Alcohol Rehabilitation Services:
•Institutional - per diem
•Non-Institutional - fee-for-service or, if managed by the Department of Services for Children, Youth and Their Families’ Division of Child Mental Health (see ATTACHMENT 4.19-B, Page 19 Addendum).
PUBLIC NOTICE
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 606 relating to the standardization of insurance identification cards and notification to the Division of Motor Vehicles of the termination of automobile insurance. The docket number for this proposed amendment is 730.
The purpose of the proposed amendment to regulation is to eliminate the requirement that insurance identification cards be issued for periods of less than six months when the payment period is for a period of less than six months and to delete the requirement that fleet vehicles carry vehicle-specific identification cards. The text of the proposed amendment is reproduced in the May 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml.
The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday June 2, 2008, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. 
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
4.2.1.1Size: Not smaller than 3-1/2" x 2-1/4" or larger than 3" x 5"
4.2.1.2Weight: Optional
4.2.1.3Color: White
4.2.1.4Each card shall be printed on paper stock which contains a clearly visible watermark, screened color, reflective ink, or laser-lock which prevents unauthorized or fraudulent reproduction. The watermark must be a company logo, or a generic insurance-specific logo which clearly identifies the watermark as issued by an insurance company. The ACORD "ghost script" anti-fraud paper with the ACORD watermark shall satisfy the watermark requirement.
4.2.2.10.1 5.1.10.1Year, Make, and Vehicle Identification Number ("VIN") of the vehicle(s) insured. Model of the vehicle may be shown as the Make. The Year, and Make of the vehicle may be abbreviated, but the complete VIN must be shown.
Amended Section 4 became effective May 12, 1993.
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
11 DE Reg. 800 (12/01/07)
REGISTER NOTICE
SAN # 2008-04
1.TITLE OF THE REGULATION:
2.BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
The purpose of this action is to ensure that Delaware’s Bald Eagle population persists after protection from the federal Endangered Species Act was terminated on 8 August 2007. Bald eagles are very sensitive to disturbance which may result in failure of nests or abandonment of nest sites. In Delaware, the acreage of development in proximity to current nest sites is proposed to double in the next five years. Scientific studies from this region show eagles require significant no-disturbance buffers around their nests in order to persist. The purpose of this regulation is to maintain the same level of protection to eagle nest sites that was in place under the Endangered Species Act prior to August 2007. Eagles are a significant non-consumptive wildlife resource that will require protection in order to persist.
3.POSSIBLE TERMS OF THE AGENCY ACTION:
N/A
4.STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:
Title 7, Delaware Code, Chapter 1: § 102 (a)
Title 7, Delaware Code, Chapter 7, Subchapter II: § 739 (a)
5.OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:  
None
6.NOTICE OF PUBLIC COMMENT:
The Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, will conduct a public hearing on the proposed new regulation 19.0 Bald Eagle Protection. Bald eagles are very sensitive to disturbance. Delaware Code currently protects eagles from disturbance but does not define disturbance. The new regulation will define disturbance by proposing to adopt the same protection to eagle nest sites that was formerly provided under the Endangered Species Act of 1973 prior to the eagle’s removal from the federal Endangered Species List in August of 2007. 
The proposed regulation may be inspected at the Department’s offices located in room B234 at the Richardson and Robbins Building, 89 Kings Highway, Dover Delaware, 19901. For additional information interested parties can also contact Karen Bennett (302-739-9912) or Christopher Heckscher (302-653-2880).
A public hearing will be held in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, on 4 June 2008 at 7 pm. Citizens may address comments in writing to the Wildlife Section, Division of Fish and Wildlife, 4876 Hay Point Landing Road, Smyrna, 19977. E-mail comments may be sent to Karen.bennett@state.de.us, Christopher.Heckscher@state.de.us or Lisa.Vest@state.de.us. The record will remain open for written comments until 4:30 pm June 14, 2008. Prior to the hearing, a public workshop will be given in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, 28 May 2008.  The purpose of this workshop will be to provide information to the public regarding the proposed regulation.
7.PREPARED BY:
Christopher M. Heckscher 302-653-28808 April 2008
Name/Phone #Date
3901 Wildlife
(Break in Continuity of Sections)
(Penalty Title 7 Del.C. §739(a))
19.1Nest site protection. This regulation provides two zones of protection for active bald eagle nests: (1) Limited activity is permitted between 750 feet and 1,320 feet from the nest from July 1 through November 30 by permit from the Director of the Division of Fish and Wildlife.  Permissible activities between 750 feet and 1,320 feet shall be determined by the Division of Fish and Wildlife on a case by case basis; (2) No activity is permitted between the nest and 750 feet.
19.1.1Exemptions. Exemptions include all regularly occurring pre-existing activities including but not limited to agricultural practices, legal game hunting, transient watercraft, vehicular and pedestrian traffic, as long as the level or frequency of the pre-existing activity will not be increased. Exemptions may be considered on a case by case basis where such exemptions are deemed unlikely to negatively affect eagles by a Division of Fish and Wildlife Biologist and are not in conflict with federal regulations.
19.1.2For the purposes of subsection 19.1, the term “active bald eagle nest” shall mean any nest that has been in use by a pair of bald eagles at any time in the previous five-year period as determined by a Division of Fish and Wildlife biologist.
19.1.3For the purposes of subsection 19.1.1, the term “regularly occurring pre-existing activity” shall mean all activity that has taken place within protection zones noted in 18.1 on an annual basis prior to nest placement. Regularly occurring pre-existing activity shall not result in an increased level of activity within protection zones defined in subsection 19.1.
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                     3901 Wildlife
DIVISION OF PROFESSIONAL REGULATION
400 Delaware Gaming Control Board
PUBLIC NOTICE
PLEASE TAKE NOTICE, pursuant to 29 Del.C. Chapter 101 and 28 Del.C. Chapter 11, Section 1122 (a)(2), and 28 Del.C. section 1503, the Delaware Gaming Control Board proposes to revise its Rules and Regulations. The proposed Rules and Regulations will make regulatory changes to the maximum wagering limits for charitable gambling other than raffles as well as add a definition of the term week as it relates to charitable gambling. Bingo, Raffles, Charitable Gambling other than Raffles and No Limit Texas Hold’em Poker have had the application submission time lines added to the appropriate section of the rules and regulations.
A public hearing will be held on the proposed Rules and Regulations on Thursday, June 5th, 2008 at 12:30 p.m. in Conference Room B, second floor, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments shall be submitted to the Board in care of the Division of Professional Regulation at the above address. The final date to submit written comments shall be at the above scheduled Public Hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or make comments at the Public Hearing should notify the Division of Professional Regulation at (302) 744-4500.
2 DE Reg. 1224 (1/1/99)
2 DE Reg. 1224 (1/1/99)
8 DE Reg. 531 (10/01/04)
 2 DE Reg. 1224 (1/1/99)
 3 DE Reg. 1692 (6/1/00)
 4 DE Reg. 334 (8/1/00)
 2 DE Reg. 1224 (1/1/99)
 2 DE Reg. 1761 (4/1/99)
(Break in Continuity of Sections)
402 Regulations Governing Raffles
These regulations shall apply to any raffle conducted under 28 Del.C. §1130 in which the value of the prize or prizes to be awarded is $5,000 or more or in which the ticket price is $5.00 or more for a single drawing for prizes, or $15.00 or more for a series of drawings for prizes occurring on a periodic schedule exceeding one month. These regulations are issued pursuant to the authority granted the Delaware Gaming Control Board in 28Del.C. §1122(2).
 2 DE Reg. 1224 (1/1/99)
(Break in Continuity of Sections)
 2 DE Reg. 1224 (1/1/99)
(Break in Continuity of Sections)
403 Regulations Governing Charitable Gambling Other Than Raffles
2 DE Reg. 1224 (1/1/99)
(Break in Continuity of Sections)
11 DE Reg. 516 (10/01/07)
(Break in Continuity of Sections)
 2 DE Reg. 1224 (1/1/99)
 2 DE Reg. 1224 (1/1/99)
11 DE Reg. 516 (10/01/07)
 2 DE Reg. 1224 (1/1/99)
404 Regulations Governing No Limit Texas Hold’em Poker
11 DE Reg. 516 (10/01/07)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                       400 Delaware Gaming Control Board
1400 Board of Electrical Examiners
PUBLIC NOTICE
The Delaware Board of Electrical Examiners, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §1406(a)(1), proposes amendments to its regulation sections 1.0 through 3.0, 5.0 through 7.0, and 15.0.
Changes to section 1.0 include deleting language that unnecessarily repeats statutory language and making explicit licensees’ obligation to notify the Board of a change of address. Changes to sections 2.0, 3.0, 5.0, and 6.0 are technical, including deleting language that repeats statutory language. Section 5.0 is proposed for deletion as unnecessary.
The proposed addition to 7.0 Expiration and Renewal creates a mandatory audit of all late-renewed licensees to verify compliance with the continuing education and insurance requirements. The proposed addition to 15.0 Inspection agencies clarifies the word “salary” as used in 24 Del.C. §1421(j).
A public hearing is scheduled for Wednesday, June 4, 2008 at 8:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Judy Letterman at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Judy Letterman at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
7 DE Reg. 1167 (3/1/04)
9 DE Reg. 260 (8/1/05)
 4 DE Reg. 1788 (5/1/01)
 6 DE Reg. 1495 (5/1/01)
4 DE Reg. 1788 (5/1/01)
4 DE Reg. 1788 (05/01/01)
10 DE Reg. 1329 (02/01/07)
4 DE Reg. 1788 (05/01/01)
9 DE Reg. 260 (08/01/05)
10 DE Reg. 1329 (02/01/07)
11 DE Reg. 812 (12/01/07)
(Break in Continuity of Sections)
4 DE Reg. 1788 (05/01/01)
6 DE Reg. 1495 (05/01/03)
7 DE Reg. 1167 (03/01/04)
10 DE Reg. 1329 (02/01/07)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                               1400 Board of Electrical Examiners
2600 Examining Board of Physical Therapists and Athletic Trainers
PUBLIC NOTICE
Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers has proposed revisions to its rules and regulations. 
A public hearing will be held on May 27, 2008 at 5:15 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board proposes amendments to Rule 1.2.3, which addresses supervision of a Physical Therapist Assistant who has one year or more experience. Currently, the Physical Therapist Assistant must receive on-site, face to face supervision, by the supervising Physical Therapist, at least once every fifth treatment day or once every three weeks, whichever occurs first. These supervisory visits require the presence of two practitioners: the Physical Therapist and the Physical Therapist Assistant. The amended Rule 1.2.3 requires on-site face to face supervision at least once every twelfth visit or once every four weeks, whichever occurs first. This change in supervision requirements decreases the number of required supervisory visits involving the presence of two practitioners. Consequently, practitioners would be able to see more patients with the benefit of enhancing the provision of physical therapy services to the public.
Rule 1.2.3 is further revised to state that, in addition to providing the required supervision of the Physical Therapist Assistant, the supervising Physical Therapist must also see the patient at least once every sixth treatment day. Thus, although there will be a decrease in the number of supervisory visits, the patient will be seen by the Physical Therapist on a regular basis. This amendment ensures that the change in supervision of the Physical Therapist Assistant will not adversely impact patient care. 
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
1.2.1.1a licensed Physical Therapist or Athletic Trainer supervisor shall be on the premises when the individual with a temporary license is practicing and
1.2.1.2evaluations and progress notes written by the individual with a temporary license shall be co-signed by the licensed Physical Therapist supervisor.
4 DE Reg. 1114 (1/1/01)
5 DE Reg. 2101 (5/1/02)
8 DE Reg. 1587 (5/1/05)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                   2600 Examining Board of Physical Therapists
2930 Council on Real Estate Appraisers
PUBLIC NOTICE
Pursuant to 24 Del.C. § 4006(a)(1), the Council on Real Estate Appraisers has proposed an amendment to its rules and regulations. A new Rule 2.5.10 is added to specify that at least 14 hours of continuing education per licensure period must be taken in a traditional classroom setting, including the mandatory 7 hour USPAP update course. In addition, the mandatory 2 hour Delaware law, rules and regulations course much be taken in a traditional classroom setting, in Delaware. This new Rule 2.5.10 will supersede the version of Rule 2.5.10 set forth in the Final Order on rule revisions published in the Register of Regulations on May 1, 2008. 
A public hearing will be held on June 17, 2008 at 9:45 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Council on Real Estate Appraisers, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Council at the above address. The final date to receive written comments will be at the public hearing.
The Council will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
1.2.2.1Initial application and licensure for appraiser trainee license
1.2.2.2Initial application and licensure for licensed real property appraiser license
1.2.2.3Initial application and certification for certified  residential real property appraiser certificate
1.2.2.4Initial application and certification for certified general real property appraiser certificate
1.2.2.5Renewal
1.2.2.6Duplicate license and certificate
1.2.2.7Roster
1.2.2.8Federal Appraiser Registry
1.2.2.9Letter of Good Standing
4 DE Reg. 1504 (03/01/01)
9 DE Reg. 1377 (03/01/06)
2.1.1.1certified general real property appraiser;
2.1.1.2certified residential real property appraiser;
2.1.1.3licensed real property appraiser; and
2.1.1.4trainee real property appraiser.
2.2.4.1Persons with in an inactive license or certificate must complete the same continuing education requirement as active licensees or certificate holders. Evidence of completion is due at renewal as provided in Rule 2.3.
2.2.4.2An inactive license or certificate can be reactivated by notifying the Council in writing.
2.3.1.1No continuing education is required for fewer than 16 months of licensure;
2.3.1.2Effective with the licensure period beginning November 1, 2007, fourteen (14) hours of continuing education are required after at least 6months but fewer than 24 months of licensure; and
2.3.1.3twenty-eight (28) hours of continuing education are required after 24 months of licensure.
2.5.3.1Proof 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;
2.5.3.2Date of CE course;
2.5.3.3Instructor of CE course;
2.5.3.4Sponsor of CE course;
2.5.3.5Title of CE course; and
2.5.3.6Number of hours of CE course.
2.5.4.1the seven (7) hour National USPAP Update Course or its equivalent as determined through the AQB Course Approval Program or by an alternate method established by the AQB and
2.5.4.2two (2) hours of education on Delaware Law, Rules and Regulations
2.5.5.1Influences on real estate value
2.5.5.2Legal consideration of appraisal
2.5.5.3Types of value
2.5.5.4Real estate markets and analysis
2.5.5.5Valuation process
2.5.5.6Property description
2.5.5.7Highest and best use
2.5.5.8Appraisal math & statistics
2.5.5.9Sales comparison approach
2.5.5.10Site value
2.5.5.11Cost approach
2.5.5.12Income approach
2.5.5.13Valuation of partial interests
2.5.5.14Appraisal standards and ethics
2.5.5.15Narrative report writing
2.5.5.16Appraisal Statistical concepts 
2.5.5.17Ad valorem taxation
2.5.5.18Arbitration
2.5.5.19Business courses related to real estate appraisal
2.5.5.20Development cost estimating
2.5.5.21Ethics and standards of professional practice
2.5.5.22Land use planning, zoning and taxation
2.5.5.23Management, leasing, brokerage, timesharing
2.5.5.24Property development
2.5.5.25Real estate appraisal (valuations/evaluations)
2.5.5.26Real estate financing and investment
2.5.5.27Real estate law
2.5.5.28Real estate litigation
2.5.5.29Real estate appraisal related computer applications
2.5.5.30Real estate securities and syndication
2.5.5.31Real property exchange
2.5.5.32Delaware law and regulations
2.5.6.1Teaching, including preparation time up to the number of hours spent teaching, for example, a 3 hour class can be submitted for 6 hours if the preparation time was at least 3 hours.
2.5.6.2Program development
2.5.6.3Authorship of textbooks
2.5.9.1AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
2.5.9.2A college that qualifies for content approval and awards academic credit for the distance education course; or
2.5.9.3A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
4 DE Reg. 1504 (03/01/01)
6 DE Reg. 1668 (06/01/03)
9 DE Reg. 1377 (03/01/06)
11 DE Reg. 813 (12/01/07)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                  2930 Council on Real Estate Appraisers
5300 Board of Massage and Bodywork
PUBLIC NOTICE
The Delaware Board of Massage and Bodywork, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §5306(a)(1), proposes amendments to its regulation sections 1.0, 2.0, and 7.0. Specifically, the proposed additions to 1.0 Definitions define the two categories of allowable continuing education. The proposed amendments to 2.0 Filing of Application for Licensure as Massage/Bodywork Therapist clarify the language of that section but do not alter the substance of the provision.
The proposed amendments to 7.0 Continuing Education provide for online licensure renewal, allow half of continuing education requirements to be fulfilled online, clarify the categorical restrictions on continuing education, and provide for the automatic approval of the content of continuing education courses approved by either the National Certification Board for Therapeutic Massage and Bodywork ("NCBTMB") or the American Massage Therapy Association (“AMTA”).
A public hearing is scheduled for Thursday, June 19, 2008 at 1:30 p.m. in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Nancy Fields at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Nancy Fields at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
Chair Massage
Deep Tissue Massage Therapy 
Manual Lymphatic Drainage
Massage Therapy 
Myofascial Release Therapy 
Neuromuscular Therapy
Swedish Massage Therapy
Trager
Visceral Manipulation
Acupressure
Craniosacral therapy
Clinical aroma therapy
Hellerwork
Process Acupressure
Reflexology
Rolfing
Shiatsu
3 DE Reg. 1516 (5/1/00)
4 DE Reg. 1245 (2/1/01)
8 DE Reg. 692 (11/1/04)
10 DE Reg. 575 (09/01/06)
11 DE Reg. 692 (11/01/07)
4 DE Reg. 1245 (2/1/01)
8 DE Reg. 692 (11/1/04)
10 DE Reg. 575 (09/01/06)
3 DE Reg. 1516 (5/1/00)
4 DE Reg. 1245 (2/1/01)
8 DE Reg. 692 (11/1/04)
10 DE Reg. 575 (09/01/06)
5 DE Reg. 827 (10/01/01)
8 DE Reg. 692 (11/1/04)
10 DE Reg. 575 (09/01/06)
8 DE Reg. 692 (11/1/04)
10 DE Reg. 575 (09/01/06)
7.1.2.1If the license is issued more than twelve (12) months prior to the next renewal date, the licensee shall complete twenty-four (24) hours of acceptable continuing education CEduring the licensing period.
7.1.2.2If the license is issued less than twelve (12) months prior to the next renewal date, the licensee shall complete twelve (12) hours of acceptable continuing education CE during the licensing period.
7.3.2.1Courses in modalities such as are listed in Rule 1.5, which are modalities other than in the practice of massage and bodywork
7.3.2.2Personal growth and self-improvement courses
7.3.2.3Business Management Courses
7.3.2.4Courses taught by correspondence or mail
7.3.2.5Courses taught by video, teleconferencing, video conferencing or computer.
7.3.2.6Courses in anatomy or physiology
3 DE Reg. 1516 (5/1/00)
4 DE Reg. 1245 (2/1/01)
4 DE Reg. 1944 (6/1/01)
5 DE Reg. 1409 (1/1/02)
7 DE Reg. 40 (7/1/03)
8 DE Reg. 692 (11/1/04)
*Please Note: As the rest of the sections were not amended, they are not being published. A copy of the entire regulation is available at:
                                       5300 Board of Massage and Bodywork
PUBLIC NOTICE
The Delaware Division of Motor Vehicles gives notice of intent to adopt proposed Division of Motor Vehicles Regulation 2221 relating to the use of translators by driver license applicants who cannot speak or read English.
Any person who wishes to make written suggestions, briefs or other written materials concerning this proposed new regulation must submit the same to Jack E. Eanes, Chief of Operations, Delaware Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19903, or by fax to(302) 739-2042 by May 30, 2008.





REGULATORY IMPLEMENTING ORDER
I. Summary of the Evidence and Information Submitted
Secretary of Education intends to amend 14 DE Admin. Code 729 School Custodians. The amendments include a new definitions section; clarifies the training components related to additional pay stipends; and clarifies that charter schools are allocated custodial units similar to districts. 
Notice of the proposed regulation was published in the News Journal and the Delaware State News on Monday, March 17, 2008 in the form hereto attached as Exhibit “A”. There were no comments received on this regulation. 
II. Findings of Facts
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 729 School Custodians in order to clarify training and related additional stipends and that charter schools are allocated custodial units similar to districts.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 729 School Custodians. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 729 School Custodians attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 729 School Custodians hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of 14 DE Admin. Code 729 School Custodians amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 729 School Custodians in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on April 15, 2008. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 15th day of April 2008.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 15th day of April 2008
*Please note that no changes were made to the regulation as originally proposed and published in the February 2008 issue of the Register at page 980 (11 DE Reg. 980). Therefore, the final regulation is not being republished here. A copy of the final regulation is available at
                                                         729 School Custodians
I. Summary of the Evidence and Information Submitted
The Secretary of Education intends to amend 14 DE Admin. Code 877 Tobacco Policy by adding a provision that an electronic copy of the current regulation is on file at the Department of Education.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on Wednesday, March 5, 2008 in the form hereto attached as Exhibit “A”. Comments were received from the Governor’s Advisory Council for Exceptional Children and the State Council for Persons with Disabilities endorsing the amended regulation.
II. Findings of Facts
Secretary finds that it is appropriate to amend 14 DE Admin. Code 877 Tobacco Policy in order to add a provision that an electronic copy of the most current regulation is on file with the Department of Education.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 877 Tobacco Policy. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 877 Tobacco Policy attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 877 Tobacco Policy hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of 14 DE Admin. Code 877 Tobacco Policy amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 877 Tobacco Policy in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on April 15, 2008. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 15th day of April 2008.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 15 day of April 2008
*Please note that no changes were made to the regulation as originally proposed and published in the March 2008 issue of the Register at page 1100 (11 DE Reg. 1100). Therefore, the final regulation is not being republished here. A copy of the final regulation is available at
                                                           877 Tobacco Policy
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1540 Secondary English Language Arts Teacher. This regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is necessary to amend this regulation in order to align it with the valid grade levels designated within the newly amended DE Admin. Code 1531 Middle Level English Language Arts Teacher. This regulation sets forth the requirements for a Secondary English Language Arts Teacher 
Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on Friday February 29, 2008 in the form hereto attached as Exhibit "A". The notice invited written comments.  No written comments were received.
II. Findings of Facts
The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute.
III. Decision to Amend the Regulation
For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1540 of the Administrative Code of Regulations of the Department of Education.
V. Effective Date of Order
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD ON THE 3RD DAY OF APRIL, 2008
Kathleen Thomas, Chair
 Cathy Cathcart
 
Joanne Christian
 Marilyn Dollard
 
Sandra Falatek
 Karen Gordon
 
Barbara Grogg
 Leslie Holden
 
Lori Hudson
 Dorothy McQuaid
 
Mary Mirabeau
 Wendy Murray
 
Gretchen Pikus
 Karen Schilling-Ross
 
Michael Thomas
 Carol Vukelich
 



FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED THIS 17TH DAY OF APRIL, 2008.
STATE BOARD OF EDUCATIONJean W. Allen, President
 Richard M. Farmer, Jr., Vice President
 
Mary B. Graham, Esquire
 Jorge L. Melendez
 
Barbara Rutt
 Dennis J. Savage
 
Dr. Terry M. Whittaker
  



1540 Secondary English Language Arts Teacher
This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for English Teacher (required for grades 9 to 12, and valid in grades 5 to 8 in a middle level school).
7 DE Reg. 775 (12/1/03)
2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status.
"Department" means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board approved by the State Board. The term ‘educator’ does not include substitute teachers.
“Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II.
“Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
“Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area.
“NASDTEC” means The National Association of State Directors of Teacher
Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel.
“NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104.
“Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
The Department shall issue a Standard Certificate as an English Teacher to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements:
3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by:
3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or
3.1.2Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in English; or
3.1.3Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or
3.1.4Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and
3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or
3.3Meeting the requirements for licensure and holding a valid and current license or certificate from another state in English;
3.3.1The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution; or
3.4Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203.
7 DE Reg. 775 (12/1/03)
10 DE Reg 100 (07/01/06)
Educators may hold certificates in more than one area.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (10/01/06)
An applicant for a Standard Certificate shall submit:
5.1Official transcripts; and
5.2Official scores on the Praxis II examination if applicable and available; or
5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 
5.4An official copy of the out of state license or certification, if applicable.
5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above.
If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required.
This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008.
A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules.
The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
Renumbered effective 6/1/07 - see Conversion Table
1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Secondary English Language Arts Teacher. This certification is required for grades 9 to 12 and is valid in a Middle Level school, grades 6 to 8 [and may be used in lieu of the Middle Level English Language Arts Teacher certification in grades 6 to 8.] 
1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Secondary English Language Arts Teacher to an educator who has met the following:
3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and,
3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
11 DE Reg. 1173 (03/01/08) 
Renumbered effective 6/1/07 - see Conversion Table
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1542 Secondary Mathematics Teacher. This regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a).  It is necessary to amend this regulation in order to align it with the valid grade levels designated within the newly amended DE Admin. Code 1532 Middle Level Mathematics Teacher. This regulation sets forth the requirements for a Secondary Mathematics Teacher.
Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on Friday February 29, 2008 in the form hereto attached as Exhibit "A". The notice invited written comments. No written comments were received.
II. Findings of Facts
The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute.
III. Decision to Amend the Regulation
For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1542 of the Administrative Code of Regulations of the Department of Education.
V. Effective Date of Order
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD ON THE 3RD DAY OF APRIL, 2008
Kathleen Thomas, Chair
 Cathy Cathcart
 
Joanne Christian
 Marilyn Dollard
 
Sandra Falatek
 Karen Gordon
 
Barbara Grogg
 Leslie Holden
 
Lori Hudson
 Dorothy McQuaid
 
Mary Mirabeau
 Wendy Murray
 
Gretchen Pikus
 Karen Schilling-Ross
 
Michael Thomas
 Carol Vukelich
 



FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED THIS 17TH DAY OF APRIL, 2008.
STATE BOARD OF EDUCATIONJean W. Allen, President
 Richard M. Farmer, Jr., Vice President
 
Mary B. Graham, Esquire
 Jorge L. Melendez
 
Barbara Rutt
 Dennis J. Savage
 
Dr. Terry M. Whittaker
  



1542 Secondary Mathematics Teacher
This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Mathematics Teacher Secondary (required for grades 9 to 12, and valid in grades 5 to 8 in a middle level school.

7 DE Reg. 775 (12/1/03)2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

“Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status. "Department" means the Delaware Department of Education.

“Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers.
“Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II.
“Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness."License" means a credential which authorizes the holder to engage in the practice for which the license is issued.

“Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area.
“NASDTEC” means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel.
“NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education."Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students.

“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104.
“Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
The Department shall issue a Standard Certificate as a Mathematics Teacher to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements:
3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by:
3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or
3.1.2Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in Mathematics; or
3.1.3Satisfactorily completing the Alternative Routes for Licensure and 
Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or
3.1.4Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and
3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or
3.3Meeting the requirements for licensure and holding a valid and current license or certificate from another state in Mathematics;
3.3.1The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution; or
3.4Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
Educators may hold certificates in more than one area.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
An applicant for a Standard Certificate shall submit:
5.1Official transcripts; and
5.2Official scores on the Praxis II examination if applicable and available; or
5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or
5.4An official copy of the out of state license or certification, if applicable.
5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above.
If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required.
This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008.
A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules.
The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
Renumbered effective 6/1/07 - see Conversion Table
1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Secondary Mathematics Teacher. This certification is required for grades 9 to 12 and is valid in a Middle Level school, grades 6 to 8 [and may be used in lieu of the Middle Level Mathematics Teacher certification in grades 6 to 8.] 
1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Secondary Mathematics Teacher to an educator who has met the following:
3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and,
3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto.
7 DE Reg. 775 (12/1/03)
10 DE Reg. 100 (07/01/06)
11 DE Reg. 1177 (03/01/08)
Renumbered effective 6/1/07 - see Conversion Table
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend regulation DE Admin. Code 1544 Secondary Social Studies Teacher. This regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a).  It is necessary to amend this regulation in order to align it with the valid grade levels designated within the newly amended DE Admin. Code 1534 Middle Level Social Studies Teacher. This regulation sets forth the requirements for a Secondary Social Studies Teacher.
Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on Friday February 29, 2008 in the form hereto attached as Exhibit "A". The notice invited written comments.  No written comments were received.
II. Findings of Facts
The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute.
III. Decision to Amend the Regulation
For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1544 of the Administrative Code of Regulations of the Department of Education.
V. Effective Date of Order
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD ON THE 3RD DAY OF APRIL, 2008
Kathleen Thomas, Chair
 Cathy Cathcart
 
Joanne Christian
 Marilyn Dollard
 
Sandra Falatek
 Karen Gordon
 
Barbara Grogg
 Leslie Holden
 
Lori Hudson
 Dorothy McQuaid
 
Mary Mirabeau
 Wendy Murray
 
Gretchen Pikus
 Karen Schilling-Ross
 
Michael Thomas
 Carol Vukelich
 



FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED THIS 17TH DAY OF APRIL, 2008.
STATE BOARD OF EDUCATIONJean W. Allen, President
 Richard M. Farmer, Jr., Vice President
 
Mary B. Graham, Esquire
 Jorge L. Melendez
 
Barbara Rutt
 Dennis J. Savage
 
Dr. Terry M. Whittaker
  



1544 Secondary Social Studies TeacherThis regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Social Studies Teacher Secondary (required for grades 9 to 12, and valid in grades 5 to 8 in a middle level school).

7 DE Reg.  775 (12/1/03)2.1The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

“Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status.
“Department” means the Delaware Department of Education.
“Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board approved by the State Board.  The term ‘educator’ does not include substitute teachers.
“Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II.
“Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of  hours, with one (1) credit equating to fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness;“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.

“Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area.
“NASDTEC” means The National Association of State Directors of Teacher Education and Certification.  The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel.
“NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education.
“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.
“State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104.
“Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.
7 DE Reg.  775 (12/1/03)
10 DE Reg. 100 (07/01/06)
The Department shall issue a Standard Certificate as a Social Studies Teacher to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements:
3.1Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by:
3.1.1Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or
3.1.2Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in history, political science, government, civics, geography, or economics; or
3.1.3Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or
3.1.4Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits of their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and
3.2For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or
3.3Meeting the requirements for licensure and holding a valid and current license or certificate from another state in Social Studies;
3.3.1The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution; or
3.4Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203.
7 DE Reg.  775 (12/1/03)
10 DE Reg. 100 (07/01/06)
Educators may hold certificates in more than one area.
7 DE Reg.  775 (12/1/03)
10 DE Reg. 100 (07/01/06)
An applicant for a Standard Certificate shall submit:
5.1Official transcripts; and
5.2Official scores on the Praxis II examination if applicable and available; or
5.3Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or
5.4An official copy of the out of state license or certification, if applicable.
5.5If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above.
If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required.
This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008.
A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules.
The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority.
7 DE Reg.  775 (12/1/03)
10 DE Reg. 100 (07/01/06)
Renumbered effective 6/1/07 - see Conversion Table
1.1This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Secondary Social Studies Teacher. This certification is required for grades 9 to 12 and is valid in a Middle Level school, grades 6 to 8 [and may be used in lieu of the Middle Level Social Studies Teacher certification in grades 6 to 8.] 
1.2Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
2.1The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
3.1In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a Secondary Social Studies Teacher to an educator who has met the following:
3.1.1Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and,
3.1.2Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto.
7 DE Reg.  775 (12/1/03)
10 DE Reg. 100 (07/01/06)
11 DE Reg. 1185 (03/01/08)
Renumbered effective 6/1/07 - see Conversion Table
ORDER
Nature of the Proceedings:
Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance. The Department’s proceedings to amend the Title XIX Medicaid State Plan to add specific reimbursement methodology language for School-Based Wellness Center Clinic Services were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware CodeSection 10115 in the March 2008 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 31, 2008 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Summary of Proposed Amendment
The purpose of this proposal is to amend the Title XIX Medicaid State Plan to add specific reimbursement language for School-Based Wellness Center Clinic Services.
Statutory Authority•42 CFR 440.205, Public Notice of Changes in Statewide Methods and Standards for Setting Payment Rates;
•42 CFR §440.90, Clinic Services; and,
•State Medicaid Manual, Section 4320, Clinic Services.

Summary of Proposed Amendment
School-Based Wellness Center Clinic Services provide primary prevention and early intervention services, including physical examinations, treatment of acute medical problems, community referrals, counseling and other supportive services to children in school or educational settings.
The Centers for Medicare and Medicaid Services (CMS) advised the State Agency to revise the Title XIX Medicaid State Plan to add specific reimbursement methodology language for School-Based Wellness Center Services.
School-Based Wellness Center Services, operated by the Division of Public Health in Delaware schools, are reimbursed a single rate once each benefit year for any client served in one of the school-based clinics. The single rate is based on prior year statewide costs of all School-Based Wellness Centers.
No change will be made to the services provided under the school-based wellness services benefit.
The provisions of this amendment are subject to approval by the Centers for Medicare and Medicaid Services (CMS).
This proposed regulation was also published concurrently herein under “Emergency Regulations” to allow for public comment.
Summary of Comments Received with Agency Response and Explanation of Changes
The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following observations and recommendations summarized below. DMMA has considered the comment and responds as follows:
The Councils understand the Center for Medicare and Medicaid Services (CMS) is prompting DMMA to adopt a funding standard. The DMMA proposes no change in services and it establishes a single rate for each client served in a Wellness Center which would be based on prior year Center costs. We reviewed the amendment and did not identify any concerns.
Agency Response: Your participation is appreciated. Thank you for your comment.
Further analysis by Division staff resulted in changes to the rule as proposed to insert language related to cost reports and interim rates; and, to address upper payment limits as set forth in 42 CFR §447.321. These additions are indicated by [bracketed bold type].
Findings of Fact:
The Department finds that the proposed changes as set forth in the March 2008 Register of Regulationsshould be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation regarding the specific reimbursement methodology language for School-Based Wellness Center Services is adopted and shall be final effective May 10, 2008.
Vincent P. Meconi, Secretary, DHSS, April 14, 2008 
DMMA FINAL ORDER REGULATIONS #08-13
REVISIONS:
ATTACHMENT 3.1-A
Page 4
STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT
State/Territory: DELAWARE
AMOUNT, DURATION AND SCOPE OF MEDICAL AND REMEDIAL CARE AND SERVICES PROVIDED TO THE CATEGORICALLY NEEDY
9.Clinic Services
Clinic services are limited to the following:
•mMedical or rehabilitation clinics (including Mental Health clinics which require certification by the Division of Substance Abuse and Mental Health (DSAMH) as part of the Single State Agency for Medicaid) and
•State Licensed Free Standing Surgical Centers (FSSCs) which equate to Federally defined Ambulatory sSurgical Centers (ACSs) using related policies for ACSs described in Sections 2265 and 2266 of the Medicare Carriers Manual.
•School-Based Wellness Center Clinic Services that provide primary prevention and early intervention services, including physical examinations, treatment of acute medical problems, community referrals, counseling and other supportive services to children in school or educational settings.

(Break in Continuity of Sections)
ATTACHMENT 4.19-B
Page 2
Medical/Dental free-Standing Clinics are paid either a negotiated flat rate or as physicians are paid (see above). School-Based Wellness Center Services, operated by the Division of Public Health in Delaware schools, are reimbursed a single rate once each benefit year for any client served in one of the school-based clinics. The single rate is based [on prior year statewide costs of all School-Based Wellness Centers. cost reports for the prior year submitted in a format specified by the Medicaid agency. An interim rate is paid until the end of the reporting period when there is a retrospective cost settlement. Actual costs reported on the cost report are divided by actual encounters to determine the actual cost per encounter for the period. Actual costs will be compared to interim payments and settlements will be completed.
Payments for clinic services will not exceed the upper payment limits set forth in 42 CFR §447.321: (1) For services covered by Medicare, payments are not to exceed the Medicare rates or the Medicare aggregate payment amount for those services; and, (2) For services not covered by Medicare, aggregate payments are not to exceed an amount that could reasonably be estimated would have been paid under Medicare payment principles.]
ORDER
Nature of the Proceedings:
Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance (DMMA) initiated proceedings to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility related to Long Term Care Resource Exclusions - Automobiles. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware CodeSection 10115 in the March 2008 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 31, 2008 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Summary of Proposal
The proposed provides notice to the public that the Division of Medicaid and Medical Assistance (DMMA) intends to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility related to Long Term Care Resource Exclusions - Automobiles.
Statutory Authority•42 CFR 416.1218, Exclusion of the Automobile; and,
•POMS Section SI 01130.200, Automobiles and Other Vehicles Used for Transportation.

Summary of Proposal
DSSM 20310.5 and 20330.1, Automobiles: One vehicle, regardless of the value, will be totally excluded if used for transportation of the eligible individual or a member of the eligible individual’s household.
Summary of Comments Received with Agency Response and Explanation of Changes
The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following observations and recommendations summarized below. DMMA has considered each comment and responds as follows.
In general, the amendments are consistent with the attached federal regulations, 20 C.F.R. §§416.1218 and 416.1201(c). However, we have three (3) recommendations to share with you.
First, the grammar in §20330.1 is problematic. Councils recommend the following substitute (with changes underlined):
If one vehicle can not be excluded under Section 20310.5, or there is more than one vehicle, the equity value is a resource if it:
• Is owned by an eligible individual/spouse; or
• Cannot be excluded under another provision (e.g. property essential to self support - DSSM 20320.5; co-owner refuses to sell) or conditional benefits do not apply (DSSM 20360).
Agency Response: DMMA agrees. Changes to the rule as proposed are indicated by [bracketed bold type].
Second, the federal regulation [20 C.F.R. §416.1218(b)(2)] specifically recites that automobiles not excluded under 20 C.F.R. §416.1218(b)(1) are “non-liquid resources.” Although 16 DE Admin Code 20300.2 “captures” this concept, it would be preferable to clarify this status in the proposed §§20310.5 and 20330.1. This could be achieved by inserting “non-liquid” prior to “resource” in both sections. 
Agency Response: DMMA agrees. The change to the rule as proposed is indicated by [bracketed bold type].
Third, proposed §20330.1 contains the following benchmark for valuation of an auto’s equity value: “The equity value is the price it can reasonably sell for on the open market minus any encumbrances.” The federal standard is more restrictive by limiting equity value to “the price that an item can reasonably be expected to sell for on the open market in the particular geographical area involved; minus...(a)ny encumbrances. [emphasis supplied] See attached 20 C.F.R. 416.1201(c)(2). The federal regulation would not allow a valuation based on an eBay, national, or international internet sale. The DMMA regulation would allow valuation based on a non-Delaware market. At a minimum, we recommend the adoption of the following revised sentence: “The equity value is the price it can reasonably sell for on the open market in Delaware minus any encumbrances.”
Agency Response: DMMA agrees. The change to the rule as proposed is indicated by [bracketed bold type].
Findings of Fact:
The Department finds that the proposed changes as set forth in the March 2008 Register of Regulationsshould be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) related to Long Term Care Resources Exclusions – Automobiles is adopted and shall be final effective May 10, 2008. 
Vincent P. Meconi, Secretary, DHSS, April 14, 2008 
DMMA FINAL REGULATION #08-14
REVISIONS:
One automobile, regardless of value, if, for the individual or a member of the individual's household (member of a household is one who receives food, clothing and shelter at the applicant's residence at time of institutionalization) if it fits the exclusions listed in Sections 20310.5.1 -20310.5.4.
The automobile is excluded if necessary for employment.
If the automobile is necessary for the medical treatment of a specific or regular medical problem, it may be excluded.
An exclusion may be used if the vehicle is modified for operation by or transportation of a disabled person.
The automobile may be excluded if it is necessary because of climate, terrain, distance, or similar factors to provide necessary transportation to perform essential daily activities.
If the automobile is jointly owned and if a co-owner refuses to sell it may be excluded.
20 CFR 416.1218
SI 01130.200
An automobile is any registered or non-registered vehicle that is used for transportation.
One automobile, per household, is excluded if:•Used for transportation of the eligible individual or
•Used for transportation of a member of the eligible individual’s household.

If there is more than one vehicle used for transportation, the automobile with the greatest equity value will be excluded.
The equity value of all additional automobiles will be evaluated as a [non-liquid] resource.
(Break In Continuity of Sections)
Vehicles are defined as automobiles, boats, travel trailers, motorcycles etc. The current market value of a vehicle is the average price that it will sell for (based on year, make, model and condition) on the open market in a certain geographic area. Current market value can be determined by using the NADA book (trade in value) or a written appraisal from a disinterested, knowledgeable source. One vehicle may be excluded under Section 20310.5. Only one vehicle may be excluded for a married couple. 
If NO vehicle is excluded per Section 20310.5, up to $4650 of the CMV of ONE vehicle is excluded. If the CMV exceeds $4650, the excess counts as a resource, unless the vehicle can be excluded under some other provision (i.e., co-owner refuses to sell). It is unlikely the $4650 exclusion will be used. This is because most vehicles are used for either a medical problem or for essential daily activities and can be excluded per Section 20310.5.
Any vehicle an individual owns in addition to the vehicle that was totally or partly excluded (up to $4650), is a resource in the amount of its equity value. The equity value is the CMV minus amount owed on the vehicle. The exclusion is applied in the manner most advantageous to the individual. If one of two vehicles can be excluded as necessary for medical treatment, the exclusion is applied to the vehicle with the greater equity value regardless of which vehicle is used to obtain medical treatment.
For the purpose of Medicaid, automobile is defined as any registered or unregistered vehicle used for transportation.
One vehicle may be excluded under Section 20310.5.
Only one vehicle may be excluded per married couple/household.
If one vehicle can not be excluded under Section 20310.5, or there is more than one vehicle, the equity value is a [non-liquid] resource if [it] :•Is owned by an eligible individual/spouse [;or]
•Cannot be excluded under another provision (e.g. property essential to self support - DSSM 20320.5; co-owner refuses to sell) or conditional benefits do not apply (DSSM 20360).

The equity value is the price it can reasonably sell for on the open market [in Delaware] minus any encumbrances.
ORDER
Nature of the Proceedings:
Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to provide information of public interest with respect to Fair Hearing procedures. The Department’s proceedings were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware CodeSection 512.
The Department published its notice of public comment pursuant to 29 Delaware Code Section 10115 in the March 2008 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 31, 2008 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Summary of Proposal
The purpose of this regulatory action is to amend the Division of Social Services Manual (DSSM) regarding Fair Hearing procedures.
Statutory Authority•31 Delaware Code, Department of Health and Social Services
•45 CFR §205.10, Hearings
•7 CFR §273.15, Fair Hearings
•42 CFR §431.205, Provision of Hearing System

Summary of Proposed Changes
1) DSSM 5000, Definitions: This rule modification: a) updates the Fair Hearing policy to include the Child Care Subsidy Program; and, b) expands the definition of the Department to clarify the divisions affected by this policy.
2) DSSM 5405, Fair Hearing Procedures: This revision clarifies the responsibilities of each party in a fair hearing, including the extent of the hearing officer’s authority.
Summary of Comments Received with Agency Response and Explanation of Changes
The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD) offered the following observations and recommendations summarized below. DSS has considered each comment, found the comments to be helpful and instructive and have, for the most part, adopted the suggestions made.
First, in §5000, the definition of “DHSS” merits revision. 
A. Paragraph 2 refers to “a managed care company (“MCO”) under contract with DHSS to manage an operation of the Medicaid Program.” The Division of Child Mental Health Services is a Medicaid MCO. It is not a “company”. Moreover, we lack information on whether its status as an MCO is established by “contract”, memorandum of understanding, or other document. DHSS should consider amending this section to accurately include the DCMHS.
Agency Response: DSS agrees and changed the reference in the final order regulation to read “managed care organization.” Also, in response to amending §5000 to include DCMHS, DSS decline the recommendation because §5000 describes the Divisions within the Department of Health and Social Services (DHSS) and DCMHS is a Division within the Department of Services to Children, Youth & Their Families. The rules adequately cover hearing requests over Medicaid Program services offered by DCMHS as a Medicaid Program managed care provider.
B. Paragraph 1 refers to “financial assistance”. This may be too narrow. The Delaware Code contemplates many forms of “public assistance”. See Title 31 Del.C. §§501-502. DSS administers a variety of public assistance benefits, including job training and education. Compare 16 DE Admin Code §5304: “An opportunity for a hearing will be granted to any... recipient who is aggrieved by any action of the Division of Social Services such as actions to... assign Food Stamp Program recipients to a specific employment and training component.” DSS is also involved in medical assistance. Apart from the Chronic Renal Disease Program, DSS is responsible for PASARR hearings. See 16 DE Admin Code §5304.1. Therefore, Par. 1 could be amended to refer to “economic, medical, vocational or child care subsidy assistance”. Parenthetically, 16 DE Admin Code §5304 refers to “economic assistance” rather than “financial assistance”. “Economic” is ostensibly a more encompassing term.
Agency Response: DSS adopted the Councils’ recommendation.
C. DDDS and DSAAPD are not mentioned in the definition of covered DHSS divisions. Both agencies administer some Medicaid waivers. The waivers authorize aggrieved applicants and participants to pursue a fair hearing. See, e.g. attached Appendix F-1:1 from ABI waiver. 
Agency Response: DSS adopted this change in the final order regulation and also added the Division of Public Health to the list since that Division is involved with AIDS waiver services funded under the Medicaid Program.
D. The DLTCRP is not mentioned in the definition of covered DHSS divisions. Consistent with Title 16 Del.C. §1121(18), residents of licensed long-term care facilities can request a DHSS hearing to contest an involuntary discharge. Pursuant to 16 DE Admin Code §5304.2, DSS processes such fair hearing requests involving nursing homes. However, the DLTCRP has been processing hearings for non-nursing homes with no regulations. See attached October, 2004 correspondence between DLP and DLTCRP. It would be preferable to clarify that such hearings are subject to the Title 16 Admin Code 5000 procedures and clarify if they are processed by DSS or the DLTCRP.
Agency Response: The proposed rulemaking does not change the existing rule at §5304.2 and DSS has jurisdiction for residential nursing facility discharge hearings as provided under 42 CFR 483.202 and 483.204 (a) (1). (The reference in the current rule to §438.202 and §438.204 (a)(1) erroneously transposes the rule numbers and may have been superceded by changes in the federal numbering system. Please note that this jurisdictional issue is under review by DHSS’ legal council.)
Second, §5405(4) categorically disallows the hearing officer “to assist either party in the presentation of the case”. Since DHSS representatives are professionals routinely involved in hearings, this disallowance disproportionately affects pro se applicants. This provision also violates federal Food Stamp regulations which recite as follows: 
(p) Household rights during hearing. The household may not be familiar with the rules of order and it may be necessary to make particular efforts to arrive at the facts of the case in a way that makes the household feel most at ease.
7 C.F.R. §273.15(p). The courts have often imposed an expectation of some assistance to pro se applicants in presenting their case in administrative hearings. See, e.g. Reefer v. Barnhart, 326 F.3d 376, 380 (3d Cir. 2003); Livingston v. Califano, 614 F.2d 342, (3d Cir. 1980); and Dobrowolsky v. Califano, 606 F. 2d 403 (3d Cir. 1979). 
Agency Response: The only change in the rule text is to remove indefinite pronouns as references and replace with gender neutral language. DSS considered the comment and will retain the rule as proposed.
Third, §5405(3)(b) changes the order of presentation. The current standard establishes a norm of DHSS presenting first unless the hearing officer exercises discretion to have the individual present first. The amendment requires the party with the burden of proof to proceed first and disallows any hearing officer discretion. This is highly objectionable. The hearing officer should be granted some discretion in establishing the order of presentation. Moreover, it would be preferable to retain the current approach in which the State normally presents first. This is the approach adopted in other administrative hearings. See, e.g. attached Department of Education hearing procedures under Title 14 Del.C. §3135. As a practical level, it may streamline the hearing to have the State present first. For example, if a pro se applicant has been denied eligibility for a program, it is logical to have DHSS present first on the program eligibility standards and specific reasons why the applicant does not meet the standards. If the applicant proceeds first, the applicant may not be clear on the standards and eligibility deficits. As a result, the presentation will be unfocused and protracted. Moreover, if the unsophisticated pro se applicant simply recites that he believes he is eligible, his appeal will be summarily denied for failure to prove all essential elements of the case with no presentation by the State based on §5405(3)c).
Agency Response: This change was prompted by a 2007 Delaware Supreme Court decision, Urban v. Meconi, No. 439, 2006. In the matter before the Court a party claimed that the Department had improperly allocated the burden of proof at a fair hearing. The Court considered “it noteworthy that DHSS, itself, took the position that the relevant sections of the Delaware Social Services Manual are inconsistent and ‘improper.’ . . . In light of that admission, we assume DHSS is reviewing the Manual and making appropriate changes.”
DSS has reviewed the Social Services Manual. The change in the order of presentation at fair hearings as proposed is a result of that review. In light of the Delaware Supreme Court’s remark, the proposed change, as written, is appropriate.
If the proposed changes to §5405(3)b) are retained, DHSS should amend the fourth sentence to read as follows:
The appellant or claimant is the moving party for actions related to initial ineligibility determinations, initial denials of claims or the failure to act upon a claim with reasonable promptness.
Councils’ rationale is that any termination or discontinuation of assistance decision amounts to an “ineligibility determination” or “denial”.    
Agency Response: To facilitate clarity and enable recognition of the party who carries the burden of proof, DSS adopted the Councils’ recommendation.
Fourth, the amendment to §5405(3)d) is problematic. It recites: 
If the second party has presented evidence, the first party may, in the discretion of the hearing office, present rebuttal evidence.
The words “second” and “first” should be retained for clarity. Otherwise, it is unclear which “party” is being referenced.
Agency Response: DSS changed the terms in the final order regulation to the “moving” and “non-moving” parties.
Further analysis by Division staff resulted in changes to the rule as proposed to correct administrative and publication errors and omissions as indicated by [bracketed bold type].
Findings of Fact:
The Department finds that the proposed changes as set forth in the March 2008 Register of Regulations should be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual regarding Fair Hearing procedures is adopted and shall be final effective May 10, 2008.
Vincent P. Meconi, Secretary, DHSS, April 14, 2008 
DSS FINAL ORDER REGULATIONS #08-16
REVISIONS:
Advance Notice Period or Timely Notice Period - Is the ten (10) day period between the date a notice is mailed to the date a proposed action is to take effect.
Appellant - Is a recipient who has requested a hearing. 
Benefits - Are any kind of assistance, payments or benefits made by TANF, GA, Medicaid, Child Care, or Food Stamps.
Claimant - Is an applicant who has requested a hearing.
Department - (or DHSS) is the Department of Health and Social Services.
DHSS - Is the Department of Health and Social Services, including
1)the Division of Social Services (“DSS”), in connection with [financial assistance economic, medical, vocational] or child care subsidy assistance;
2)the Division of Medicaid and Medical Assistance (“DMMA”) or a managed care [company organization] (“MCO”) under contract with DHSS to manage an operation of the Medicaid Program, in connection with medical assistance;
3)the Division of State Service Centers (“DSSC”) in connection with the Emergency Assistance Program [.;]
[4)the Division of Developmental Disabilities Services (DDDS) in connection with Medicaid Program services;
5)the Division of Public Health in connection with Medicaid Program services;
6)the Division of Services for the Aging and Adults with Physical Disabilities (DSAAPD) in connection with Medicaid Program services.]
DSS - Is the Division of Social Services (or "the Division.")
Fair Hearing - Is an administrative hearing held in accordance with the principles of due process which include:
1)Timely and adequate notice;
2)The right to confront and cross- examine adverse witnesses;
3)The opportunity to be heard orally;
4)The right to an impartial decision maker;
5)The opportunity to obtain counsel.
Hearing Decision - Is the decision in a case appealed to the State hearing officer. The decision includes the substance of what transpired at the hearing and a summary of the case facts, supporting evidence, and pertinent State or federal regulations and gives the reason for the decision. In Food Stamp disqualification cases, the hearing decision must also respond to reasoned arguments by the appellant.
EXAMPLE: At a Food Stamp Program Intentional Program Violation Hearing involving a failure to report a change promptly, an appellant may argue that a failure to report does not constitute "clear and convincing evidence" of intent to defraud. The hearing officer's decision must respond to this argument.
Hearing Officer - Is the individual responsible for conducting the hearing and issuing a final decision on issues of fact and questions of law.
Hearing Record - Is a verbatim transcript of all evidence and other material introduced at the hearing, the hearing decision, and all other correspondence and other documents which are admitted as evidence or otherwise included for the hearing record by the hearing officer.
Hearing Summary - Is a document prepared by an agency stating the reason(s) the action under appeal was taken and the information upon which the reasons are based. The summary may include documents to be used to decide the issue in question. Its purpose is to provide an appellant with information to prepare his/her case for the hearing.
MCO - Means a Managed Care Organization offering or providing medical services to recipients of medical assistance from the Division of Social Services DHSS and individual medical service providers of an MCO panel.
Party - A party to a hearing is a person or an administrative agency or other entity who has taken part in or is concerned with an action under appeal. A party may be composed of one or more individuals.
Request for a Fair Hearing - Any clear expression (oral or written) by the appellant or his/her authorized agent that (s)he the individual wants to appeal a decision to a higher authority. Such request may be oral in the case of actions taken under the Food Stamp Program.
State Presenter - Is the agency employee advocating the State's case in a hearing.
(Break In Continuity of Sections)
1)Hearing Officer's Introduction
The hearing officer will appropriately introduce open the purpose of the meeting hearing, will identify the individuals and roles of those in attendance, and generally “set the stage" to assure the appellant or claimant of his/her right to be heard. In addition, (s)he the hearing officer will administer an oath to all witnesses and parties presenting expected to present testimony at the hearing. The hearing officer may, in his/her discretion, deal with any preliminary matters prior to beginning the case.
2)Manner of Proceeding
The hearing officer shall conduct the hearing in an informed fashion, consistent however with the procedural rights of the Department and the [appellant or] claimant to a courteous, fair, and fairly conducted hearing consistent with due process and the requirements of the federal regulation. Parties will be courteous to each other and the hearing officer at all times and will obey the orders and rulings of the hearing officer.
3)Order of Presentation
a)Opening Remarks.
At the discretion of the hearing officer, the Department and the appellant or claimant will each be given an opportunity to make brief opening statements. An opening statement shall advise the hearing officer of the issues a party contends are a part of the case and shall succinctly briefly summarize how the party's case will be proven. The hearing officer may, however, terminate or limit any opening statement which is unduly lengthy, repetitive or irrelevant.
b)The State will present its case first, unless, in the discretion of the hearing officer, The moving party will present its case first. tThe burden of persuasion proof rests on the other party (the claimant) is on the moving party. The moving party is the party to the hearing seeking a change in the status quo ante. The Department is the moving party for actions to discontinue, terminate, suspend, or reduce assistance. The appellant or claimant is the moving party for actions relating to [initial] ineligibility determinations, the [initial] denials of claims or the failure to act upon a claim with reasonable promptness. This shall Each party’s case shall include the presentation of allwitnesses to give testimony and all documents and other evidence which is admissible offered to prove its case. The other party may cross-examine each witness and may raise any legal basis for exclusion of any evidence at appropriate times during the hearing. Witnesses may be sequestered by or with the approval of the hearing officer.
c)The other Each party may present any witnesses to give testimony (and may testify his/herself)and other evidence which is admissible to prove support his/her/its case. However, such the non-moving party need not present any evidence, but may rely upon the other moving party's failure to prove an essential element of his/her/its case. If evidence or testimony is presented, the other party shall have the opportunity to raise any legal basis for its exclusion and the opportunity to cross examine witnesses at the appropriate time during the proceeding.
d)If the second [non-moving] party has presented any evidence, the first [moving] party may, in the discretion of the hearing officer, present rebuttal evidence.
e)Closing Remarks.
The parties will be given an opportunity to briefly summarize their cases in closing remarks. Such closing remarks may summarize evidence and present legal argument for the adoption of one position against the adoption of the other. However, the hearing officer may limit or terminate unduly lengthy, repetitive, or irrelevant closing remarks.
4)Role of Hearing Officer
The hearing officer is in charge of running the hearing. He/she The hearing officer shall make all rulings on the admissibility of evidence as to how the proceedings are conducted. The hearing officer may question witnesses or direct the parties to produce evidence which he/she the hearing officer determines to be is necessary for him/her to render a decision in the case. However, other than ensuring that the hearing is conducted fairly, the hearing officer is not permitted to assist either party in the presentation of his/her/its the case.
5)Decisions of the Hearing Officer
Decisions of the State hearing officer will be based exclusively on evidence introduced at the hearing. The decision of the hearing officer will be issued not more than 90 days from the date the request for a fair hearing is filed or more than 30 days from the date the hearing is conducted. The decision of the hearing officer is the final decision of the agency. Judicial review, pursuant to 31 Del.C. 520, may be taken directly from the hearing officer's decision, within thirty (30) days of the decision.
ORDER
Nature of the Proceedings
Delaware Health and Social Services ("Department") / Division of Social Services initiated proceedings to provide information of public interest with respect to the Child Care Subsidy Program. The Department's proceedings were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of public comment pursuant to 29 Delaware Code Section 10115 in the March 2008 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 31, 2008 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Summary of Proposal
The purpose of this regulatory action is to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program – Purchase of Care federal minimum wage requirements.
Statutory Authority
7 CFR §273.7(h)(1)(i), Suitable Employment
Summary of Proposed Change
This rule modification clarifies that the Purchase of Care minimum wage requirements are based on federal requirements in the following sections of the Division of Social Services Manual (DSSM): DSSM 11002.9, Definitions and Explanation of Terms; DSSM 11003.5, In-Home Child Care; and, DSSM 11003.9.1, Income.
Summary of Comments Received with Agency Response
The State Council for Persons with Disabilities (SCPD) offered the following observations summarized below. DSS has considered each comment and responds as follows.
As background, the CCDBG program if funded by the federal government through the Child Care and Development Block Grant with regulations published at 45 C.F.R. Parts 98 and 99. See §11002.9E of the DSS regulations. The federal regulations require states to establish and periodically revise a sliding fee scale based on income and family size. See 45 C.F.R. §98.42. The latest DSS child care gross income limits are based on 200% of the federal poverty level. See §11002.9AA. The amendments are as follows. 
1) In §11003.5, DSS proposes to clarify that domestic services workers must be paid the federal minimum wage. This is accurate. Consistent with the attached U.S. DOL fact sheet, domestic workers are covered by the federal minimum wage law. In contrast, the Delaware minimum wage law does not apply to domestic workers. SeeTitle 19 Del.C. §901(3). Parenthetically, the State minimum wage is currently 7.15/hour while the federal minimum wage is currently $5.85/hour. By July 24, 2009, there will be little difference between the State and federal minimum wages since the federal minimum wage will increase to $7.25/hour.
2) In §11002.9Q, DSS defines employment as “wages equal to the federal minimum wage or an equivalent”. This does not appear objectionable.
The Council did not identify any concerns with the proposed changes.
Agency Response: Your participation is appreciated. Thank you for your comments.
Findings of Fact:
The Department finds that the proposed changes as set forth in the March 2008 Register of Regulationsshould be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual regarding the Child Care Subsidy Program – Purchase of Care federal minimum wage requirements is adopted and shall be final effective May 10, 2008.
Vincent P. Meconi, Secretary, DHSS, April 14, 2008 
*Please note that no changes were made to the regulation as originally proposed and published in the March 2008 issue of the Register at page 1196 (11 DE Reg. 1196). Therefore, the final regulation is not being republished here. A copy of the final regulation is available at
                                                    Child Care Subsidy Program
Secretary’s Order No.: 2008-A-0014
Date of Issuance: April 14, 2008  Effective Date:  July 28, 2008
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) under 29 Del.C. §§8001 et seq., 29 Del.C. §§10111 et seq. and 7 Del.C.§6010(a), the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.   
On March 8, 2007, the Department opened a proposed rulemaking proceeding in Start Action Notice (“SAN”) 2007-03 to amend the current Regulation 38 in the Delaware’s Regulations Governing Control of Air Pollution. (“DRGCAP”). The Department’s experts within the Division of Air and Waste Management (“DAWM”), Air Quality Management Section, drafted the amendments to reflect changes in the federal regulation of perchloroethylene (“PCE”), which is also known as tetrachlororoethylene. In 1990, the federal Clean Air Act (“CAA”) in Section 112 classified the air emissions from PCE as a hazardous air pollutant (“HAP”). In 1993, United States Environmental Protection Agency (“EPA”) issued regulations to reduce the emissions of PCE from dry cleaning facilities based upon maximum achievable control technology (“MACT”). The Department promulgated Regulation 38 in DRGCAP and reflected the federal regulation under its authority as the Delaware administrator of the CAA and to allow independent state authority to enforce the standards under Title 7 of the Delaware Code. On July 27, 2006, EPA amended its regulation of PCE in 40 CFR Part 63 to impose more stringent standards after completing the required PCE risk assessments, which concluded that the MACT standard did not adequately reduce the public’s health risk to an acceptable level, as defined in the CAA. Consequently, the Department’s proposed amendments will reflect the federal changes and impose the more stringent emission standards on Delaware’s approximately 80 permitted dry cleaning facilities that are authorized to release PCE under the limits established by the air pollution control permit issued under DRGCAP Regulation 1102. The proposed regulation also will provide a permanent exemption for all existing permitted dry cleaners as small area sources from obtaining a Title V permit requirement under DRGCAP Regulation 30. In addition, the Department proposed weekly testing for PCE leaks and repair requirements in order to better protect the environment and public health. 
The health risks of PCE are still being studied by the EPA and others, but the record contains ample evidence that human health is adversely affected by air exposure to PCE, primarily through neurological disorders and it also poses a possible or probable risk to human health as a carcinogenic.
The Department held three public workshops on October 29, November 5, and November 6, 2007 in New Castle and Kent Counties, and published the proposed regulation on January 1, 2008 in the Delaware Register of Regulations, and held a public hearing on January 22, 2008 before the Department’s hearing officer, Robert P. Haynes, who issued a report dated March 12, 2008, which is attached hereto as Appendix A. The Report recommends approval of the proposed regulation as a final regulation. I agree and adopt the Report and its reasoning.
The proposed regulation is supported by the considerable scientific evidence developed by the Department’s experts, and in a collaborative manner with interested participants, which included many of the small business owners. The Department conducted outreach to the dry cleaning industry and has reviewed the concerns of small businesses for the regulatory burden imposed by this proposed regulation, which is based upon a federal regulation. The proposed regulation reflects the dry cleaning industry’s acceptance of the regulation because no public comments were submitted.
I find that the record developed during the public hearing process provides ample support for the Department to adopt this final regulation. The justification is that it will result in cleaner air quality and improve the health of workers in the dry cleaning business, who often are the owners and who are the most at risk for the exposure to air emissions from PCE. The federal regulation reflects developments in reasonably available air pollution controls, and the Delaware’s regulation will also reflect the standards enabled by the improvements in air pollution technology in the dry cleaning business. The regulation approved by this Order will result in lowering the release of HAPs and improve the working conditions of many Delawareans.
In conclusion, the following findings and conclusions are entered:
1.The Department, acting through this Order of the Secretary and 29 Del.C. §10118(d), hereby approved the final regulation in Appendix A to the Report and reflects a nonsubstantive change due to the delayed effective date from the proposed regulation published in the January 1, 2008 Delaware Register of Regulations; 
2.The Department shall have this Order published in the Delaware Register of Regulations and in newspapers in the same manner as the notice of the proposed regulation; and
3.The Department shall provide notice to the persons affected by the Order, as determined by the Department, including all those who submitted comments to the Department, who otherwise participated in the public hearing, and who requested to receive notice of all actions on proposed regulations. 
John A. Hughes, Secretary
1138 Emissions Standards For Hazardous Air Pollutants For Source Categories
7/28/08 10/11/00
5.1Applicability.
5.1.1The provisions of Section 5.0 of this regulation apply to the owner or operator of each dry cleaning facility that uses perchloroethylene.
[5.1.2The compliance date for a new dry cleaning system depends on the date that construction or reconstruction commences. Each dry cleaning system shall be in compliance with all of the applicable provisions of Section 5.0 of this regulation beginning on July 28, 2008 or immediately upon startup, whichever is later.
5.1.2.1Each dry cleaning system that commences construction or reconstruction on or after December 9, 1991 and before December 21, 2005, shall be in compliance with the provisions of Section 5.0 of this regulation except 5.3.15 of this section beginning on June 30, 1999 or immediately upon startup, whichever is later, except for dry cleaning systems complying with section 112(i)(2) of the Clean Air Act; and shall be in compliance with the provisions of 5.3.15 beginning on July 28, 2008.
5.1.2.2The compliance dates for a new dry cleaning systems that commence construction or reconstruction on or after December 21, 2005, but before July 13, 2006.
5.1.2.2.1Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005, but before July 13, 2006, and is not located in a building with a residence, shall be in compliance with the provisions of Section 5.0 of this regulation, except 5.3.15 of this section, immediately upon startup; and shall be in compliance with the provisions of 5.3.15 beginning on July 28, 2008 or immediately upon startup, whichever is later.
5.1.2.2.2Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005, but before July 13, 2006, and is located in a building with a residence, shall be in compliance with the provisions of Section 5.0 of this regulation, except 5.3.15 of this section, immediately upon startup; shall be in compliance with the provisions of 5.3.15.3 and 5.3.15.5 of this section beginning on July 28, 2008. 
5.1.2.3Each dry cleaning system that commences construction or reconstruction on or after July 13, 2006, shall be in compliance with the provisions of Section 5.0 of this regulation, including 5.3.15 of this section, immediately upon startup.]
5.1.3[[Reserved.] Each dry cleaning system that commenced construction or reconstruction before December 9, 1991, and each new transfer machine system and its ancillary equipment that commenced construction or reconstruction on or after December 9, 1991 and before September 22, 1993, shall be in compliance with the provisions of Section 5.0 of this regulation except 5.3.15 of this section beginning on June 30, 1999 and shall be in compliance with 5.3.15 beginning on July 28, 2008.]
5.1.4[Reserved].  Each existing dry-to-dry machine and its ancillary equipment located in a dry cleaning facility that includes only dry-to-dry machines, and each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991 and September 22, 1993, as well as each existing dry-to-dry machine and its ancillary equipment, located in a dry cleaning facility that includes both transfer machine system(s) and dry-to-dry machine(s) is exempt from Sec. 63.322, Sec. 63.323, and Sec. 63.324, except paragraphs 63.322 (c), (d), (i), (j), (k), (l), (m), 63.323(d), and 63.324 (a), (b), (c), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the total perchloroethylene consumption of the dry cleaning facility is less than 530 liters (140 gallons) per year. Consumption is determined according to Sec. 63.323(d).
5.1.5[Reserved].  Each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991 and September 22, 1993, located in a dry cleaning facility that includes only transfer machine system(s) is exempt from Sec. 63.322, Sec. 63.323, and Sec. 63.324, except paragraphs 63.322 (c), (d), (i), (j), (k), (l), (m), 63.323(d), and 63.324 (a), (b), (c), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the perchloroethylene consumption of the dry cleaning facility is less than 760 liters (200 gallons) per year. Consumption is determined according to Sec. 63.323(d). 
5.1.6[Reserved].

(1)If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to Sec. 63.323(d) is initially less than the amounts specified in paragraph (d) or (e) of this section, but later exceeds those amounts, the existing dry cleaning system(s) and new transfer machine system(s) and its (their) ancillary equipment installed between December 9, 1991 and September 22, 1993 in the dry cleaning facility must comply with Sec. 63.322, Sec. 63.323, and Sec. 63.324 by 180 calendar days from the date that the facility determines it has exceeded the amounts specified, or by June 30, 1999, whichever is later. 
(2)Following review of notification submitted in accordance with 63.324(c)(1), the Department may determine that the dry cleaning facility shall not be subject to the additional requirements imposed under para­graph (f)(1), if there has been no exceedance during the prior 36 months and
(i)The total yearly perchloroethylene consumption falls below and remains below the amounts specified in paragraph (d) or (e) before and after the next purchase of perchloroethylene, or
(ii)The exceedance occurred due to the initial filling of a newly installed dry-to-dry machine and the total yearly perchloroethylene consumption, exclusive of the quantity of perchloroethylene pur­chased to initially fill the newly installed dry-to-dry machine, remains below the amounts specified in paragraph (d) or (e).
5.1.7A dry cleaning facility is a major source if the facility emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perchloroethylene to the atmosphere. In lieu of measuring a facility’s potential to emit perchloroethylene emissions or determining a facility’s potential to emit perchloroethylene emissions, a dry cleaning facility is a major source if: 
5.1.7.1It includes only dry-to-dry machines and has a total yearly perchloroethylene con­sumption greater than 8,000 liters (2,100 gallons) as determined according to 5.4.4 of this section or
5.1.7.2It includes only transfer machine systems or both dry-to-dry machines and trans­fer machine systems and has a total yearly perchloroethylene consumption greater than 6,800 liters (1,800 gallons) as determined according to 5.4.4 of this section.5.1.8A dry cleaning facility is an area source if it does not meet the conditions of 5.1.7 of this section.
5.1.9Change in facility status to major source.
5.1.9.1If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to 5.4.4 of this section is initially less than the amounts specified in 5.1.7 of this section, but then exceeds those amounts, the dry cleaning facility becomes a major source and all dry cleaning systems located at that dry cleaning facility must comply with the appropriate requirements for major sources in 5.3, 5.4, and 5.5 of this section by 180 calendar days from the date that the facility determines it has exceeded the amounts specified, or by June 30, 1999, whichever is later.
5.1.9.2Following review of notification submitted in accordance with 5.5.3.1 of this section, the Department may determine that the dry cleaning facility shall not be subject to the additional requirements imposed in 5.1.9.1 of this section, if there has been no exceedance during the prior 36 months and
5.1.9.2.1The total yearly perchloroethylene consumption falls below and remains below the amounts specified in 5.1.7 of this section before and after the next purchase of perchloroethylene or
5.1.9.2.2The exceedance occurred due to the initial filling of a newly installed dry-to-dry machine and the total yearly perchloroethylene consumption, exclusive of the quantity of perchloroethylene purchased to initially fill the newly installed dry-to-dry machine, remains below the amounts specified in 5.1.7 of this section.
5.1.10Coin-operated dry cleaning machines. 
(1)All coin-operated dry cleaning machines are subject to the provisions of Section 5.0 of this regulation exempt from Sec. 63.320(f) 5.1.6, Sec. 63.322, Sec. 63.323, and Sec. 63.324, except paragraphs 63.322 (c), (d), (i), (j), (k), (l), and (m), 63.323(d), and 63.324 (a), (b), (c), (d)(1), (d)(2), (d)(3), (d)(4), and (e).
(2)Facilities consisting of only coin-operated dry cleaning machines, unless otherwise subject to Regulation 30 permitting requirements, are exempt from paragraph 63.320(k).
5.1.11The owner or operator of any source subject to the provisions of this subpart M is subject to Regulation 30 permitting requirements. These affected sources, if not major or located at major sources as defined under Regulation 30, are deferred by the Department from Regulation 30 permitting requirements until December 9, 2004. All sources receiving deferrals shall submit Regulation 30 permit applications by December 9, 2005. All sources receiving deferrals still must meet the compliance schedule as stated in Sec. 63.320. The owner or operator of an area source subject to Section 5.0 of this regulation is exempt from the obligation to obtain a Title V operating permit under Regulation 30 of State of Delaware “Regulations Governing the Control of Air Pollution”, if the owner or operator is not required to obtain a Title V operating permit under 3.a. of Regulation 30 for a reason other than the owner or operator’s status as an area source under Section 5.0. Notwithstanding the previous sentence, the owner or operator shall continue to comply with the provisions of Section 5.0 applicable to area sources.
2 DE Reg. 1390 (2/1/99)
4 DE Reg. 707 (10/1/00)
 1138 Emissions Standards For Hazardous Air Pollutants For Source Categories
Secretary’s Order No.:  2008-F-0015
I.Background:
A public hearing was held on Thursday, March 27, 2008, at 7:00 p.m. at the DNREC Richardson & Robbins Building Auditorium to receive comment on proposed amendments to the existing Delaware Tidal Finfish Regulation for Summer Flounder concerning size limits, creel limits, and seasons. The Summer Flounder Fishery Management Plan details the annual process that the Atlantic States Marine Fisheries Commission’s Summer Flounder Fishery Management Board, the Mid-Atlantic Fishery Management Council and the National Marine Fisheries Service are to use for conservation equivalency in the recreational summer flounder fishery. These agencies agreed at their joint meeting on December 11, 2007 that the states would implement conservation equivalent measures rather than a coastwide management program for summer flounder in 2008. The total allowable harvest quota has been reduced for 2008 in order to comply with the rebuilding scheduled as mandated in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. As such, all coastal states will be required to reduce the number of summer flounder harvested by recreational anglers in 2008.
Delaware’s harvest cap for summer flounder will be 64,338 fish in 2008, which represents a 41.3 percent reduction from the estimated 109,696 fish harvested in 2007. As such, a number of management options designed to reduce the recreational harvest of summer flounder for 2008 were presented by the Department at the public hearing on March 27, 2008. These proposed options included minimum size limits ranging from 18.5 to 19.5 inches, in conjunction with creel limits ranging from 1 to 4 fish per angler per day. Additional management options included a partial harvest season closure designed to restrain the harvest in 2008 at or below the state’s harvest limit.
Recreational fishermen, bait and tackle dealers will be affected by the option ultimately chosen by the Secretary to manage the summer flounder harvest for 2008. The Department has the statutory basis and legal authority to act with regard to this promulgation pursuant to 7 Del.C. §903(e)(2)(a). No other Delaware regulations are affected by this proposal.
After listening to the public comment received during all phases of this promulgation process, and performing an exhaustive review and consideration of all components of the fishery, economic impacts and conservation of the resource, the Department believes “Option 5” best accomplishes the mandated 41.3% reduction with no closure period.
Numerous members of the public attended this hearing on March 27, 2008 to voice their concerns with regard to the Department’s proposed changes to these regulations, and the same were taken into consideration during the Division’s review of this proposed regulatory amendment. Afterwards, the Hearing Officer prepared her report regarding this matter and submitted the same to the Secretary for review and consideration. Proper notice of the hearing was provided as required by law.
II.Findings:
The Department has provided a reasoned analysis and a sound conclusion with regard to the response given to each such comment, as reflected in the Hearing Officer’s Report of March 27, 2008, which is attached and expressly incorporated into this Order. Moreover, the following findings and conclusions are entered at this time:
1.Proper notice of the hearing was provided as required by law. 
2.The Department has jurisdiction under its statutory authority to make a determination in this proceeding; 
3.The Department provided adequate public notice of the proceeding and the public hearing in a manner required by the law and regulations; 
4.The Department held a public hearing in a manner required by the law and regulations;
5.The Department considered all timely and relevant public comments in making its determination; 
Promulgation of these proposed amendments would bring Delaware into compliance with federal guidelines for the management of summer flounder, since summer flounder come under both federal and state jurisdiction;
6.Promulgation of these proposed amendments would bring Delaware into compliance with federal guidelines for the management of summer flounder, since summer flounder come under both federal and state jurisdiction;
7.Option 5 will set the summer flounder restrictions at a 19.5” size limit and a 4-fish daily bag limit, with no seasonal closure. This was the option most supported by the public, based upon comments received by the Department during the public comment phase of this promulgation;
8.Option 5 will reduce the 2008 summer flounder harvest in Delaware by a minimum of 41.3%, as required by the ASMFC’s Summer Flounder Fishery Management Board, the Mid-Atlantic Fishery Management Council and the National Marine Fisheries Service, and in order to comply with the rebuilding scheduled as mandated in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006;
9.The Department has reviewed this proposed amendment in the light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
10.The Department’s proposed amendments to Tidal Finfish Regulation for Summer Flounder for 2008 are adequately supported, not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, it should be approved as a final regulation, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and that
11.The Department has an adequate record for its decision, and no further public hearing is appropriate or necessary.
III.Order:
Based on the record developed, as reviewed in the Hearing Officer’s Report dated April 14, 2008 and expressly incorporated herein, it is hereby ordered that the proposed amendments to State of Delaware Tidal Finfish Regulation for Summer Flounder for 2008 be promulgated in final form in the customary manner and established rule-making procedure required by law.
IV.Reasons:
The promulgation of State of Delaware Tidal Finfish Regulations for Summer Flounder for 2008 will bring Delaware into compliance with federal guidelines for the management of summer flounder, since summer flounder come under both federal and state jurisdiction with regard to the harvest management of this species. This action, which incorporates Option 5 as Delaware’s management plan for summer flounder, will reduce the harvest of summer flounder by a minimum of 41.3%. It is incumbent upon Delaware to be in compliance with the Commission’s plan, not only to avoid federal sanctions against Delaware and its fishery, but to protect this species with these conservation measures to ensure that summer flounder will continue to be found in Delaware waters in the future.
In developing this regulation, the Department has balanced the absolute environmental need for the State of Delaware to promulgate regulations concerning this matter with the important interests and public concerns surrounding the same, in furtherance of the policy, purposes, and authority of 7 Del.C. §903(e)(2)(a).
David S. Small, in his official capacity as Acting Secretary
3511 Summer Flounder Size Limits; Possession Limits; (Formerly Tidal Finfish Reg. 4)
(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) [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. [(Note: creel limit to be determined in combination with seasonal closure and size limit.)]
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 eighteen (18) [nineteen and one half (19.5)] inches between the tip of the snout and the furthest tip of the tail. [(Note: creel limit to be determined in combination with seasonal closure and size limit.)]
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 eighteen (18) [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: creel limit to be determined in combination with seasonal closure and size 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) [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: creel limit to be determined in combination with seasonal closure and size limit.)
Note: Proposed options for seasonal closures associated with creel limits and minimum size limits to restrict the recreational summer flounder harvest in Delaware during 2008.
Option
 Season Closure
 Number of
Open Days
 Bag
Limit
 Minimum
Size
 
1
 May 11 - June 23
 322
 2
 18.5
 
2
 none
 365
 1
 19.0
 
3
 May 11 - June 1
 343
 4
 19.0
 
4
 Hag 24 - Dec. 31
 235
 4
 19.0
 
5
 none
 365
 4
 19.5]
 



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 (5/1/07)
11 DE Reg. 1207 (03/01/08)
Secretary’s Order No.: 2008-F-0016
3716 Crab Pot Number Buoys and Vessel Panel Color Code and Number Requirements; and 3771 Oyster Harvesting Licensee Requirements
Date of Issuance: April 15, 2008
Effective Date of the Amendment: May 11, 2008
1.Background:
A public hearing was held on Monday, March 31, 2008, at 7:00 p.m. at the DNREC Richardson & Robbins Building Auditorium to receive comment on proposed amendments to the existing Delaware Shellfish Regulation No. 3716: Crab Pot Number Buoys and Vessel Panel Color Code and Number Requirements, as well as proposed amendments to the existing Delaware Shellfish Regulation No. 3771: Oyster Harvesting Licensee Requirements. The proposed changes to Regulation No. 3716 would facilitate enforcement of existing regulations when up to three commercial crabbers fish off of the same vessel. Under the existing regulations, pots deployed from the same vessel may use up to three different color codes, thus making it very difficult for on-the-water enforcement of the 500 pot limit per vessel, because the enforcement officers would have to count the pots represented by up to three different color codes. If only one color code is allowed to be fished from a vessel, this will facilitate counting of the pots to ensure regulatory compliance. Additionally, this proposed change would benefit the potters who would like to take advantage of using a common color code with the other participants in the fishery using the same vessel. 
There would be no changes proposed to the numbering of crab pots, except that any vessel that elects to fish more than one licensee’s pots would be required to display each licensee’s numbers on the color code panel that is mounted on the vessel. Any pot fished from such a vessel must have at least one color-coded buoy displaying the crab pot license number being used by any one of the crabbers fishing from that vessel.
It should be noted that implementation of these proposed amendments to Delaware’s Shellfish Regulation No. 3716 would be delayed for one fishing season (until January 1, 2009) to give the crabbers enough advance notice to re-paint their corks as necessary to comply with the proposed changes.
The proposed revisions to Delaware Shellfish Regulation No. 3771 (Oyster Harvesting Licensee Requirements), on the other hand, would go into effect immediately upon promulgation. These proposed amendments would clarify how oyster tags must be applied to bushel bags containing harvested oysters. The tag shall be cinched around the top of the bag and locked, such that the bag may not be opened without breaking the tag or the seal. This change should help discourage the illegal practice of re-using the oyster bags and oyster tags in order to circumvent oyster harvest quotas. Delaware’s oyster resource is quite limited, and non-compliance with tagging and reporting requirements places the remaining resource of harvestable oysters in jeopardy. Each participant is granted a finite number of bushels that may be harvested each year, which is determined by dividing the total allowable harvest by the number of participants in the fishery.
Commercial fishermen will be affected by the above-referenced proposed amendments to Delaware Shellfish Regulation Nos. 3716 and 3771. The Department has the statutory basis and legal authority to act with regard to these promulgations, pursuant to 7 Del.C. §§1902(a)(5), 2303(e), 2306(a), and 2106. No other Delaware regulations are affected by this proposal.
Numerous members of the public attended this hearing on March 27, 2008 to voice their concerns with regard to the Department’s proposed changes to these regulations, and the same were taken into consideration during the Division’s review of this proposed regulatory amendment. Afterwards, the Hearing Officer prepared her report regarding this matter and submitted the same to the Secretary for review and consideration. Proper notice of the hearing was provided as required by law.
II.Findings:
The Department has provided a reasoned analysis and a sound conclusion with regard to the response given to each such comment, as reflected in the Hearing Officer’s Report of March 31, 2008, which is attached and expressly incorporated into this Order. Moreover, the following findings and conclusions are entered at this time:
1.Proper notice of the hearing was provided as required by law. 
2.The Department has jurisdiction under its statutory authority to make a determination in this proceeding; 
3.The Department provided adequate public notice of the proceeding and the public hearing in a manner required by the law and regulations; 
4.The Department held a public hearing in a manner required by the law and regulations;
5.The Department considered all timely and relevant public comments in making its determination; 
6.Promulgation of the proposed amendments to Delaware Shellfish Regulation No. 3716 would facilitate enforcement of existing regulations when up to three commercial crabbers fish off of the same vessel. Furthermore, the proposed changes should benefit the potters who would like to take advantage of using a common color code with the other participants in the fishery using the same vessel;
7.The implementation of the proposed amendments to Delaware Shellfish Regulation No. 3716 will be delayed for one fishing season, until January 1, 2009, in order to give the crabbers enough advance notice to re-paint their corks as necessary in order to avoid non-compliance with the proposed revisions;
8.The proposed amendments to Delaware Shellfish Regulation No. 3771 would go into effect immediately upon promulgation, thus helping to discourage the illegal practice of re-using oyster bags and oyster tags in order to circumvent oyster harvest quotas, as well as helping to protect the remaining (but limited) resource of harvestable oysters;
9.The Department has reviewed this proposed amendment in the light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and desirable, and that the recommendations as proposed should be applicable to all Delaware citizens equally;
10.The Department’s proposed amendments to Delaware Shellfish Regulation No. 3716 and Delaware Shellfish Regulation No. 3771 are adequately supported, not arbitrary or capricious, and are consistent with the applicable laws and regulations. Consequently, they should be approved as final regulations, which shall go into effect ten days after its publication in the next available issue of the Delaware Register of Regulations; and that
11.The Department has an adequate record for its decision, and no further public hearing is appropriate or necessary.
III.Order:
Based on the record developed, as reviewed in the Hearing Officer’s Report dated April 15, 2008 and expressly incorporated herein, it is hereby ordered that the proposed amendments to State of Delaware Shellfish Regulation No. 3716, as well as Delaware Shellfish Regulation No. 3771, be promulgated in final form in the customary manner and established rule-making procedure required by law.
IV.Reasons:
The promulgation of State of Delaware Shellfish Regulation No. 3716 will facilitate enforcement of the existing regulations, as well as provide better clarity to the public in general with regard to the specifics of the same. Additionally, the revisions to State of Delaware Shellfish Regulation No, 3771 will help discourage the illegal practice of re-using oyster bags and oyster tags in order to circumvent oyster harvest quotas. Delaware’s oyster resource is quite limited, and non-compliance with current tagging and reporting requirements places the remaining resource of harvestable oysters in jeopardy. Thus, promulgation of these amendments to Delaware’s existing regulations will better protect this species, and will help the Department to ensure that oysters will continue to be found in Delaware waters in the future. 
In developing this regulation, the Department has balanced the absolute environmental need for the State of Delaware to promulgate regulations concerning this matter with the important interests and public concerns surrounding the same, in furtherance of the policy, purposes, and authority of 7 Del.C. §§1902(a)(5), 2303(e), 2306(a), and 2106.
David S. Small, in his official capacity as Acting Secretary
(Penalty Section 7 Del.C. §1912)
Proposed revisions to 3716 would take effect January 1, 2009.
1.1 The first color in the color code sequence shall be on a buoy or buoys located the farthest from the crab pot (top).
1.2 The last color in the color code sequence shall be on the buoy or buoys located the closest to the crab pot (bottom).
1.3Any second or third color in the color code sequence between the first and last colors shall be on a buoy or buoys in the same top to bottom order as in the color code sequence.
2.0Each color coded buoy attached to a line of a commercial crab pot shall measure at least three (3) inches by three (3) inches by three (3) inches except that a separate buoy, located between the crab pot and color-coded buoy nearest the crab pot but no closer than five (5) feet to the color coded buoy nearest the crab pot may be of lesser dimensions.
3.0Each color in a color code shall cover a contiguous area of at least 28 square inches on a buoy.
4.0Each color coded buoy shall be visible on the water's surface when the tide is slack and the wind is less than ten (10) miles per hour.
5.0Each color coded buoy shall have its color or colors recognizable at all times.
6.0If more than one licensee elects to fish his or her crab pots from the same vessel, then all licensees who fish from that vessel, up to the maximum of three licensees per vessel, shall use the same color code on the pots fished from that vessel. Any licensee who subsequently elects to fish their pots on their own and not on a vessel with other licensees retains the right to use their originally assigned color code.
67.0The color code assigned by the Department to a commercial crab pot licensee shall be displayed on the 2' x 2' panel on the licensee's vessel in a manner that when viewed from either side of the vessel, the sequence of colors shall be as follows relative to the vessel:
67.1The first color in the color code sequence shall be on the panel in a vertical band closest to the stern of the vessel.
67.2The last color in the color code shall be on the panel in a vertical band closest to the bow of the vessel.
67.3Any second or third color in the color code sequence between the first and last colors shall be on the panel in vertical band(s) in the same stern to bow order as assigned in the color code sequence.
78.0Each color coded panel shall be visible and the color(s) shall be recognizable at all times while tending crab pots.
89.0Each color coded panel shall be displayed as vertical bands on the panel such that each color covers a contiguous area of equal size. The panel shall not display any color other than the colors in the assigned color code except for a color used to indicate the crab pot number.
10.0If more than one licensee, up to the maximum of three licensees per vessel, elects to fish his or her crab pots from the same vessel, then that vessel shall display the same color code panel as on the pots fished from that vessel.
911.0A number shall be assigned by the Department to each commercial crab pot license.
1012.0The commercial crab pot licensee's number shall be displayed on the color coded panel on the licensee's vessel with at least three (3) inch high contrasting colored Arabic numerals so that said number shall be visible from either side of the vessel. If more than one licensee elects to fish his or her crab pots from the same vessel then the color coded panel shall contain all of the numbers being fished from that vessel.
1113.0The commercial crab pot licensee's number shall be displayed on at least one color coded buoy attached to each crab pot displayed in the water in at least one (1) inch high Arabic numerals. The number shall be painted in a contrasting color, branded on or carved into the buoy. If more than one licensee elects to fish his or her crab pots from the same vessel, then one of the crab pot’s license numbers assigned to that vessel shall be displayed on at least once color coded buoy attached to each crab pot fished from that vessel [although no one licensee may fish more than 200 pots at any one time].
3771Oyster Harvesting Licensee Requirements (Formerly S-73)
(Penalty Section 7 Del.C. §1912)
Proposed revisions to 3771 would take effect immediately upon ratification.
1.0It shall be unlawful for any person licensed to harvest oysters from the State's natural oyster beds to possess another person's oyster harvesting tags while on board the vessel listed on said person's oyster harvesting license unless the other person is on board said vessel while harvesting oysters.
2.0It shall be unlawful for any person licensed to harvest oysters from the State's natural oyster beds for direct sale to not attach an oyster harvesting tag in the locked position through the fabric of a bushel bag containing oysters. The tag shall be cinched around the top of the bag and locked such that the bag may not be opened nor oysters removed from the bag without breaking the tag or seal. Bags shall be tagged prior to the vessel leaving the shellfish harvest grounds and returning to any port.
3.0It shall be unlawful for any person to possess a bushel bag that is empty or partially filled with oysters so long as an oyster harvesting tag is attached to said bag.
5 DE Reg. 2140 (5/1/02)
6 DE Reg. 1356 (4/1/03)
4.0 It shall be unlawful for any person to possess an oyster cage that is empty of oysters so long as an oyster harvesting tag is attached to said cage. A partially filled oyster cage must have the appropriate number of tags attached in the locked position to reflect the number of bushels of oysters in the cage. 
6 DE Reg. 1356 (4/1/03)
2930 Council on Real Estate Appraisers
ORDER
The Council on Real Estate Appraisers was established to protect the general public from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered by the profession under its purview. The Council was further established to maintain minimum standards of practitioner competence in the delivery of services to the public. The Council is authorized, by 24 Del.C. §4006(a)(1) to make, adopt, amend and repeal regulations as necessary to effectuate those objectives.
Pursuant to 24 Del.C. §4006(a)(1), the Council on Real Estate Appraisers has proposed several changes to its rules and regulations. 
Rule 2.3.1.1, pertaining to continuing education, is amended to correct a typographical error in the most recent amendment to the Rules. Amended Rule 2.3.11 states that no continuing education is required for fewer than 6 months of licensure, not 16 months. A new Rule 2.5.10 is added to specify that at least 14 hours of continuing education per licensure period must be taken in a traditional classroom setting, including the mandatory 7 hour USPAP update course.
Rule 4.0 has been amended to clarify that, after January 1, 2008, an appraiser supervising a trainee must hold a certified license. Rule 4.0 has further been amended to require that licensees provide the Council with updated information regarding any change in e-mail address, telephone number, employer or supervisor. The amended Rule 4.0 also requires that licensees carry their pocket cards issued by the Council when performing appraisals and that appraiser trainees display their licenses at their supervisors’ place of business.
Rule 4.2.4 has been amended to specify that any person who has been subject to disciplinary action within the preceding three years shall not be eligible to supervise trainees for three years after the completion of any sanction. Rule 4.3.2.3 has been amended to specify the requirements for a trainee to receive experience log credits.
Finally, Rule 11.0 has been amended to add additional crimes substantially related to the practice of real estate appraisal.
Pursuant to 29 Del.C. §10115, notice of the public hearing and a copy of the proposed regulatory changes was published in the Delaware Register of Regulations, Volume 11, Issue 8 on February 1, 2008.
Summary of the Evidence and Information Submitted
At the public hearing on March 18, 2008, Mr. Earl Loomis addressed the proposed Rule 2.5.10, which requires that the mandatory USPAP update course must be taken in a traditional classroom setting. Mr. Loomis suggested that the mandatory course in Delaware law, rules and regulations should also be taken in a traditional classroom setting.
Findings of Fact
The Council finds that the proposed amendments will serve to both protect the public and enhance practitioner competence.
In particular, Rule 2.5.10 ensures that licensees will get the greatest benefit from the required USPAP update course by participating in the program in a classroom setting. The amendments to Rule 4.0, requiring licensees to provide the Council with updated contact information, will enable the Council to monitor and communicate with licensees when needed. Further, the requirement that licensees carry their pocket cards will ensure that members of the public can verify the identity of licensees. The amendments to Rule 4.2.4, which prohibit licensees who have been disciplined within a certain time period from supervising trainees, will ensure that only sufficiently qualified individuals will be able to take on this significant responsibility. Finally, the amendments to Rule 11.0, which add crimes to the Council’s crime list, will provide further protection to the public from individuals who have been convicted of crimes substantially related to the practice of real estate appraisal.
Finally, the Council agreed with the suggestion of Mr. Loomis that the Delaware law, rules and regulations course should be taken in a traditional classroom setting. This amendment will be addressed in a subsequent Public Notice of rule revisions.
Decision and Effective Date
The Council hereby adopts the proposed amendments to the regulations to be effective 10 days following final publication of this order in the Register of Regulations.
Text and Citation
The text of the final regulations is attached hereto as Exhibit A and is formatted to show the amendments. A non-marked up version of the regulations as amended is attached hereto as Exhibit B.
IT IS SO ORDERED this 15h day of April 2008, by the Council on Real Estate Appraisers.
Stephen Huston, Chairperson
 George Fantini, Vice Chairperson
 
Donald West
 Charles Witt
 
Richard Bauermeister
 Arthur Cahall
 
Neal Scott
 Kevin Esslinger
 



*Please note that no changes were made to the regulation as originally proposed and published in the February 2008 issue of the Register at page 1012 (11 DE Reg. 1012). Therefore, the final regulation is not being republished here. A copy of the final regulation is available at    
                                             2390 Council on Real Estate Appraisers
                                                                                                                                                                              





DELAWARE RIVER BASIN COMMISSIONNOTICE OF PUBLIC HEARING AND BUSINESS MEETING
The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, May 14, 2008 beginning at 10:30 a.m. at the Independence Seaport Museum at Penn's Landing located at 211 South Columbus Boulevard and Walnut Street, Philadelphia, Pennsylvania. For more information visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.

DEPARTMENT OF AGRICULTUREHARNESS RACING COMMISSION
 NOTICE OF PUBLIC HEARING
501 Harness Racing Rules and Regulations
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rule 8 by a change to Rule 8.3.5.9.4. The Commission will hold a public hearing on the proposed rule changes on June 10, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on May 1, 2008.
The proposed changes are for the purpose of updating Rule 8 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml. A copy is also available for inspection at the Racing Commission office.

DEPARTMENT OF EDUCATIONThe State Board of Education will hold its monthly meeting on Thursday, May 15, 2008 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF MEDICAID AND MEDICAL ASSISTANCE
NOTICE OF PUBLIC COMMENT PERIOD
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding the DRA 2005 Third Party Data Exchange Mandate.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by May 31, 2008.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
NOTICE OF PUBLIC COMMENT PERIOD
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan related to School-Based Health Services.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by May 31, 2008.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
DEPARTMENT OF INSURANCE
NOTICE OF PUBLIC COMMENT PERIOD
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 606 relating to the standardization of insurance identification cards and notification to the Division of Motor Vehicles of the termination of automobile insurance. The docket number for this proposed amendment is 730.
The purpose of the proposed amendment to regulation is to eliminate the requirement that insurance identification cards be issued for periods of less than six months when the payment period is for a period of less than six months and to delete the requirement that fleet vehicles carry vehicle-specific identification cards. The text of the proposed amendment is reproduced in the May 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml.
The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Monday June 2, 2008, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us. 

DEPARTMENT OF LABORDIVISION OF INDUSTRIAL AFFAIRSNOTICE OF PUBLIC HEARING AND COMMENT PERIOD

The Secretary of Labor in accordance with 19 Del.C. §§2322B and §2322F(j) has proposed rules and regulations relating to workers’ compensation. These proposals set forth health care payment system with coordinated instructions and guidelines developed by the Health Care Advisory Panel to assist in the health care treatment in workers’ compensation (“Practice Guidelines”) and also set forth the utilization review program developed by the Health Care Advisory Panel and associated utilization request form to assist in the health care treatment in workers’ compensation (“Utilization Review” and “Utilization Review Form”).
A public hearing will be held before the Health Care Advisory Panel (“Panel”) at 4:00 p.m. on May 12, 2008, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from John Kirk, Administrator, Workers’ Compensation, Division of Industrial Affairs, Department of Labor, P.O. Box 9828, 4425 N. Market Street, Wilmington, Delaware 19809-0828. Persons wishing to submit written comments may forward these to the Panel at the above address.  The final date to receive written comments will be at the public hearing.
The Panel will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public hearing.

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF FISH AND WILDLIFE
NOTICE OF PUBLIC COMMENT PERIOD
19.0 Bald Eagle Protection
The purpose of this action is to ensure that Delaware’s Bald Eagle population persists after protection from the federal Endangered Species Act was terminated on 8 August 2007. Bald eagles are very sensitive to disturbance which may result in failure of nests or abandonment of nest sites. In Delaware, the acreage of development in proximity to current nest sites is proposed to double in the next five years. Scientific studies from this region show eagles require significant no-disturbance buffers around their nests in order to persist. The purpose of this regulation is to maintain the same level of protection to eagle nest sites that was in place under the Endangered Species Act prior to August 2007. Eagles are a significant non-consumptive wildlife resource that will require protection in order to persist.
The Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, will conduct a public hearing on the proposed new regulation 19.0 Bald Eagle Protection. Bald eagles are very sensitive to disturbance. Delaware Code currently protects eagles from disturbance but does not define disturbance. The new regulation will define disturbance by proposing to adopt the same protection to eagle nest sites that was formerly provided under the Endangered Species Act of 1973 prior to the eagle’s removal from the federal Endangered Species List in August of 2007. 
The proposed regulation may be inspected at the Department’s offices located in room B234 at the Richardson and Robbins Building, 89 Kings Highway, Dover Delaware, 19901. For additional information interested parties can also contact Karen Bennett (302-739-9912) or Christopher Heckscher (302-653-2880). 
A public hearing will be held in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, on 4 June 2008 at 7 pm. Citizens may address comments in writing to the Wildlife Section, Division of Fish and Wildlife, 4876 Hay Point Landing Road, Smyrna, 19977. E-mail comments may be sent to Karen.bennett@state.de.us, Christopher.Heckscher@state.de.us or Lisa.Vest@state.de.us. The record will remain open for written comments until 4:30 pm June 14, 2008. Prior to the hearing, a public workshop will be given in the DNREC auditorium in the Richardson and Robbins Building, 89 Kings Highway, Dover, 28 May 2008. The purpose of this workshop will be to provide information to the public regarding the proposed regulation.
PREPARED BY:
Christopher M. Heckscher 302-653-28808 April 2008

DEPARTMENT OF STATEDIVISION OF PROFESSIONAL REGULATION
400 Delaware Gaming Control Board
 NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, pursuant to 29 Del.C. Chapter 101 and 28 Del.C. Chapter 11, Section 1122 (a)(2), and 28 Del.C. section 1503, the Delaware Gaming Control Board proposes to revise its Rules and Regulations. The proposed Rules and Regulations will make regulatory changes to the maximum wagering limits for charitable gambling other than raffles as well as add a definition of the term week as it relates to charitable gambling. Bingo, Raffles, Charitable Gambling other than Raffles and No Limit Texas Hold’em Poker have had the application submission time lines added to the appropriate section of the rules and regulations.
A public hearing will be held on the proposed Rules and Regulations on Thursday, June 5th, 2008 at 12:30 p.m. in Conference Room B, second floor, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments shall be submitted to the Board in care of the Division of Professional Regulation at the above address. The final date to submit written comments shall be at the above scheduled Public Hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or make comments at the Public Hearing should notify the Division of Professional Regulation at (302) 744-4500.
DIVISION OF PROFESSIONAL REGULATION
1400 Board of Electrical Examiners
NOTICE OF PUBLIC HEARING
The Delaware Board of Electrical Examiners, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §1406(a)(1), proposes amendments to its regulation sections 1.0 through 3.0, 5.0 through 7.0, and 15.0.
Changes to section 1.0 include deleting language that unnecessarily repeats statutory language and making explicit licensees’ obligation to notify the Board of a change of address. Changes to sections 2.0, 3.0, 5.0, and 6.0 are technical, including deleting language that repeats statutory language. Section 5.0 is proposed for deletion as unnecessary.
The proposed addition to 7.0 Expiration and Renewal creates a mandatory audit of all late-renewed licensees to verify compliance with the continuing education and insurance requirements. The proposed addition to 15.0 Inspection agencies clarifies the word “salary” as used in 24 Del.C. §1421(j).
A public hearing is scheduled for Wednesday, June 4, 2008 at 8:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Judy Letterman at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Judy Letterman at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
DIVISION OF PROFESSIONAL REGULATION

2600 Examining Board of Physical Therapists and Athletic Trainers
NOTICE OF PUBLIC HEARING
Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers has proposed revisions to its rules and regulations. 
A public hearing will be held on May 27, 2008 at 5:15 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board proposes amendments to Rule 1.2.3, which addresses supervision of a Physical Therapist Assistant who has one year or more experience. Currently, the Physical Therapist Assistant must receive on-site, face to face supervision, by the supervising Physical Therapist, at least once every fifth treatment day or once every three weeks, whichever occurs first. These supervisory visits require the presence of two practitioners: the Physical Therapist and the Physical Therapist Assistant. The amended Rule 1.2.3 requires on-site face to face supervision at least once every twelfth visit or once every four weeks, whichever occurs first. This change in supervision requirements decreases the number of required supervisory visits involving the presence of two practitioners. Consequently, practitioners would be able to see more patients with the benefit of enhancing the provision of physical therapy services to the public.
Rule 1.2.3. is further revised to state that, in addition to providing the required supervision of the Physical Therapist Assistant, the supervising Physical Therapist must also see the patient at least once every sixth treatment day. Thus, although there will be a decrease in the number of supervisory visits, the patient will be seen by the Physical Therapist on a regular basis. This amendment ensures that the change in supervision of the Physical Therapist Assistant will not adversely impact patient care.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
DIVISION OF PROFESSIONAL REGULATION
2930 Council On Real Estate Appraisers

 NOTICE OF PUBLIC HEARING
Pursuant to 24 Del.C. § 4006(a)(1), the Council on Real Estate Appraisers has proposed an amendment to its rules and regulations. A new Rule 2.5.10 is added to specify that at least 14 hours of continuing education per licensure period must be taken in a traditional classroom setting, including the mandatory 7 hour USPAP update course. In addition, the mandatory 2 hour Delaware law, rules and regulations course much be taken in a traditional classroom setting, in Delaware. This new Rule 2.5.10 will supersede the version of Rule 2.5.10 set forth in the Final Order on rule revisions published in the Register of Regulations on May 1, 2008. 
A public hearing will be held on June 17, 2008 at 9:45 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Council on Real Estate Appraisers, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Council at the above address. The final date to receive written comments will be at the public hearing.
The Council will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
DIVISION OF PROFESSIONAL REGULATION

3500 Board of Examiners of Psychologists
NOTICE OF PUBLIC HEARING
The Delaware Board of Examiners of Psychologists, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §3506(a)(1), has proposed amendments to its regulation 11.0. Specifically, the proposed modification of regulation 11.0 Professional Conduct would require licensees to adhere to the American Psychological Association’s current Record Keeping Guidelines.
A public hearing on the proposed changes was originally scheduled for Thursday, April 7, 2008 but has been rescheduled. The public hearing will now take place on Monday, May 5, 2008 at 9:00 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904.
The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Nancy Fields at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Nancy Fields at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
DIVISION OF PROFESSIONAL REGULATION
5300 Board of Massage and Bodywork
 NOTICE OF  PUBLIC HEARING
The Delaware Board of Massage and Bodywork, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §5306(a)(1), proposes amendments to its regulation sections 1.0, 2.0, and 7.0. Specifically, the proposed additions to 1.0 Definitions define the two categories of allowable continuing education. The proposed amendments to 2.0 Filing of Application for Licensure as Massage/Bodywork Therapist clarify the language of that section but do not alter the substance of the provision.
The proposed amendments to 7.0 Continuing Education provide for online licensure renewal, allow half of continuing education requirements to be fulfilled online, clarify the categorical restrictions on continuing education, and provide for the automatic approval of the content of continuing education courses approved by either the National Certification Board for Therapeutic Massage and Bodywork ("NCBTMB") or the American Massage Therapy Association (“AMTA”).
A public hearing is scheduled for Thursday, June 19, 2008 at 1:30 p.m. in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Nancy Fields at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Nancy Fields at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.

DEPARTMENT OF TRANSPORTATIONDIVISION OF MOTOR VEHICLES
NOTICE OF PUBLIC COMMENT PERIOD
2221 Use of Translators
The Delaware Division of Motor Vehicles gives notice of intent to adopt proposed Division of Motor Vehicles Regulation 2221 relating to the use of translators by driver license applicants who cannot speak or read English.
Any person who wishes to make written suggestions, briefs or other written materials concerning this proposed new regulation must submit the same to Jack E. Eanes, Chief of Operations, Delaware Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19903, or by fax to (302) 739-2042 by May 30, 2008.