Cumulative Tables........................................................................................................................................ 555 PROPOSED DEPARTMENT OF AGRICULTURE Division of Animal Health and Food Products Inspection 304 Exotic Animal Regulations.......................................................................................................... 559 DEPARTMENT OF EDUCATION Office of the Secretary 609 District and School Based Intervention Services........................................................................ 570 735 Standardized Financial Reporting............................................................................................... 572 736 Local School District and Charter School Citizen Budget Oversight Committees...................... 574 851 K to 12 Comprehensive Health Education Program................................................................... 578 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services DSSM: 9059 Income Exclusions....................................................................................................... 580 DEPARTMENT OF INSURANCE 901 Arbitration of Automobile and Homeowners’ Insurance Claims........................................................ 583 1305 Loss Ratio Filing Procedures for Health Insurers and Health Service Corporations for Medical and Hospital Expense-incurred Insurance Policies and Group Plans............................. 587 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 801 Delaware Council on Police Training ......................................................................................... 593 DEPARTMENT OF STATE Division of Professional Regulation 100 Charitable Gambling................................................................................................................... 599 2000 Board of Occupational Therapy Practice.................................................................................. 606 Public Service Commission Regulation Docket No. 49: Rules and Regulations to Implement the Provisions of 26 Del.C. Ch. 10 Relating to the Creation of a Competitive Market for Retail Electric Supply Service....... 614 Regulation Docket No. 56: Rules and Procedures to Implement the Renewable Energy Portfolio Standards Act................................................................................................... 623 DEPARTMENT OF TRANSPORTATION Division of Planning and Policy 2309 Standards and Regulations for Subdivision Streets and State Highway Access ..................... 626 DELAWARE STATE FIRE PREVENTION COMMISSION Delaware State Fire Prevention Regulations Summary of Proposed Recommendations for 2009......... 629 DEPARTMENT OF EDUCATION Office of the Secretary 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA ............................................................ 636 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States .............................................................................................................................. 637 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces of the United States..................................................................................................................... 639 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs................................................................................................................... 640 Professional Standards Board 1507 Alternative Routes to Teacher Licensure and Certification Program ....................................... 642 1512 Issuance and Renewal of Advanced License........................................................................... 647 1590 Delaware Administrator Standards........................................................................................... 650 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Diamond State Health Plan 1115 Demonstration Waiver ................................................................. 652 DSSM:17900, 17908, 17911 and 17912, Medicaid for Workers with Disabilities ........................... 654 Reimbursement Methodology for Inpatient Hospital Services .......................................................... 656 Reimbursement Methodology for Medicaid Services ....................................................................... 658 Division of Social Services DSSM:2001.1 Redetermination: Eligibility Review Periods ............................................................ 661 4002.2, 4002.5 and 4002.6 Available Resources ................................................................ 663 DEPARTMENT OF JUSTICE Division of Securities Rules and Regulations Pursuant to the Delaware Securities Act ..................................................... 667 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1138 Emission Standards for Hazardous Air Pollutants for Source Categories ............................... 668 1142 Specific Emission Control Requirements................................................................................. 670 Division of Fish and Wildlife 3512 Winter Flounder Size Limit; Possession Limit; Seasons.......................................................... 672 3711 Conch Minimum Size Limits..................................................................................................... 675 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 2400 Board of Examiners of Constables .......................................................................................... 677 DEPARTMENT OF STATE Division of Professional Regulation 1700 Board of Medical Practice........................................................................................................ 680 3600 Board of Registration of Geologists.......................................................................................... 682 STATE EMPLOYEES BENEFITS COMMITTEE 2001 Group Health Care Insurance Eligibility and Coverage Rules........................................................ 683 Executive Orders: No 12: Assuring Our State Government Creates An Open And Supportive Workplace For Victims Of Domestic Violence....................................................................................................................... 687 GENERAL NOTICE DEPARTMENT OF FINANCE Division of Revenue Technical Information Memorandum 2009-02: Legislation passed during the First Session of the 145th Delaware General Assembly. ................................................................................................. 689 CALENDAR OF EVENTS/HEARING NOTICES Department of Agriculture, Div. of Animal Health and Food Products Inspection, Notice of Public Hearing......................................................................................................................... 693 State Board of Education, Notice of Monthly Meeting.................................................................................... 693 Dept. of Health and Social Services, Div. of Social Services, Notice of Public Comment Period.................. 693 Dept. of Insurance, Notice of Public Comment Period................................................................................... 694 Dept. of Safety and Homeland Security, Notice of Public Hearing................................................................. 694 Dept. of State, Div. of Professional Regulation Board of Occupational Therapy Practice, Notice of Public Hearing......................................................... 695 Public Service Commission, Notice of Public Comment Periods................................................ 695-696 Dept. of Transportation, Div. of Planning and Policy, Notice of Public Comment Period............................... 697 Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Revise the Human Health Water Quality Criteria for PCBs in the Delaware Estuary, etc.................................................................................... 13 DE Reg. 154(Prop.) 501 Regulations of the Delaware Solid Waste Authority................................................ 13 DE Reg. 326(Prop.) 502 Statewide Solid Waste Management Plan.............................................................. 13 DE Reg. 333(Prop.) Proposed Recommendations for 2009........................................................................... 13 DE Reg. 7(Prop.) Delaware Standardbred Breeders’ Fund 502 Delaware Standardbred Breeder’s Fund Regulations, Sections 4.0, 9.0 & 14.013 DE Reg. 496(Final) 304 Exotic Animal Regulations ............................................................................... 13 DE Reg. 8(Prop.) 501 Harness Racing, Rule 7.0 Rules of the Race................................................... 13 DE Reg. 17(Prop.) 501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ..................... 13 DE Reg. 336(Prop.) Rule 14.20 Toe Grabs.............................................................................................. 13 DE Reg. 6(Emer) 13 DE Reg. 151(Emer) Rule 11.0, Entries, Subscriptions, Delegations........................................................ 13 DE Reg. 343(Prop.) 13 DE Reg. 497(Final) 202 Freedom of Information Act (FOIA) Procedures............................................... 13 DE Reg. 252(Final) 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA........ 13 DE Reg. 345(Prop.) 501 State Content Standards................................................................................... 13 DE Reg. 256(Final) 502 Alignment of Local School District Curricula to the State Content Standards... 13 DE Reg. 257(Final) 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States .......................................................................... 13 DE Reg. 348(Prop.) 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces.. 13 DE Reg. 349(Prop.) 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs.................................................................................. 13 DE Reg. 351(Prop.) 742 Compensation of School District and Charter School Personnel Under Federal Projects............................................................................................................. 13 DE Reg. 443(Prop.) 746 Criminal Background Check for Student Teaching...................................... 13 DE Reg. 445(Prop.) 852 Child Nutrition .................................................................................................. 13 DE Reg. 353(Prop.) 1105 School Transportation..................................................................................... 13 DE Reg. 449(Prop.) 1507 Alternative Routes to Teacher Licensure and Certification Program.............. 13 DE Reg. 354(Prop.) 1512 Issuance and Renewal of Advanced License................................................. 13 DE Reg. 359(Prop.) 1590 Delaware Administrator Standards................................................................. 13 DE Reg. 362(Prop.) 460 Sports Lottery Rules and Regulations.............................................................. 13 DE Reg. 24(Prop.) 13 DE Reg. 406(Final) 1915(c) Home and Community-Based Services Waiver for the Elderly and Disabled ........................................................................................................... 13 DE Reg. 93(Final) Diamond State Health Plan 1115 Demonstration Waiver ....................................... 13 DE Reg. 370(Prop.) Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement Methodology for Inpatient Hospital Services..................................................... 13 DE Reg. 373(Prop.) Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement Methodology for Medicaid Services ................................................................. 13 DE Reg. 375(Prop.) Title XIX Reimbursement Methodology for Medicaid Services ............................... 13 DE Reg. 259(Final) DSSM17900 Medicaid for Workers with Disabilities ............................................ 13 DE Reg. 371(Prop.) 17908 Unearned Income Exclusion............................................................ 13 DE Reg. 371(Prop.) 17911 Financial Eligibility Determination.................................................... 13 DE Reg. 371(Prop.) 17912 Retroactive Eligibility....................................................................... 13 DE Reg. 371(Prop.) 20800 Determining Eligibility for the Acute Care Program......................... 13 DE Reg. 263(Final) DSSM1006.6 Civil Rights Program and Public Relations..................................... 13 DE Reg. 7(Prop.) 13 DE Reg. 150(Err.) 13 DE Reg. 407(Final) 2001.1 Redetermination: Eligibility Review Periods................................... 13 DE Reg. 378(Prop.) 3017 Other CMR Elements........................................................................ 13 DE Reg. 450(Prop.) 4002.2 Available Resources....................................................................... 13 DE Reg. 378(Prop.) 4002.5 Excluded Resources....................................................................... 13 DE Reg. 378(Prop.) 4002.6 Disposal of Real Property............................................................... 13 DE Reg. 378(Prop.) 9032.3 Utility Expenses.............................................................................. 13 DE Reg. 267(Final) 9032.8 (Reserved) ..................................................................................... 13 DE Reg. 267(Final) 9032.9 Continuing Shelter Charges........................................................... 13 DE Reg. 267(Final) 9032.11 (Reserved).................................................................................... 13 DE Reg. 267(Final) 9038 Verification for Recertifications and Interim Changes........................ 13 DE Reg. 267(Final) 11003.7.8 Special Needs Children............................................................. 13 DE Reg. 97(Final) 11006.4.1 Absent Day Policy...................................................................... 13 DE Reg. 100(Final) 305 Actuarial Opinion and Memorandum Regulation.................................................... 13 DE Reg. 102(Final) 607 Defensive Driving Course Discount (Automobiles and Motorcycles) ..................... 13 DE Reg. 158(Prop.) 13 DE Reg. 498(Final) 1212 Valuation of Life Insurance Policies...................................................................... 13 DE Reg. 152(Emer) 13 DE Reg. 409(Final) 1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities................................................................................................... 13 DE Reg. 153(Emer) 13 DE Reg. 410(Final) 1501 Medicare Supplement Insurance Minimum Standards......................................... 13 DE Reg. 270(Final) Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers and Investment Adviser Representatives § 800. Senior Specific Designations....... 13 DE Reg. 48(Prop.) Rules and Regulations Pursuant to the Delaware Securities Act............................ 13 DE Reg. 381(Prop.) 1101 Definitions and Administrative Principles........................................................ 13 DE Reg. 411(Final) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 10..................................................................................... ............ 13 DE Reg. 165(Prop.) 1142 Specific Emission Control Requirements........................................................ 13 DE Reg. 382(Prop.) 1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation............................. 13 DE Reg. 499(Final) 1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0............ 13 DE Reg. 185(Prop.) 1302 Regulations Governing Hazardous Waste...................................................... 13 DE Reg. 452(Prop.) 3512 Winter Flounder Size Limit; Possession Limit; Seasons................................. 13 DE Reg. 386(Prop.) 3711 Conch Minimum Size Limits (Formerly S-48).................................................. 13 DE Reg. 387(Prop.) 3904 Seasons.......................................................................................................... 13 DE Reg. 458(Prop.) 5103 Delaware Coastal Management Program Federal Consistency Policies and Procedures................................................................................................ 13 DE Reg. 461(Prop.) 7401 Surface Water Quality Standards ................................................................... 13 DE Reg. 217(Prop.) 1300 Board of Examiners of Private Investigators & Private Security Agencies .... 13 DE Reg. 229(Prop.) 13 DE Reg. 502(Final) 2300 Pawn Brokers, Secondhand Dealers and Scrap Metal Processors................ 13 DE Reg. 462(Prop.) 2400 Board of Examiners of Constables................................................................. 13 DE Reg. 388(Prop.) Uniform Controlled Substance Act Regulations................................................ 13 DE Reg. 281(Final) 1001 Assistance for the Development of the Arts Regulations................................ 13 DE Reg. 231(Prop.) 100 Gaming Control Board 101 Regulations Governing Bingo.................................................................... 13 DE Reg. 49(Prop.) 13 DE Reg. 412(Final) 102 Regulations Governing Raffles................................................................... 13 DE Reg. 107(Final) 103 Regulations Governing Charitable Gambling Other Than Raffles ........ 13 DE Reg. 107(Final) 104 Regulations Governing No Limit Texas Hold’em Poker ............................. 13 DE Reg. 49(Prop.) 13 DE Reg. 107(Final) 13 DE Reg. 412(Final) 1000 Board of Pilot Commissioners........................................................................ 13 DE Reg. 464(Prop.) 13 DE Reg. 503(Final) 1700 Board of Medical Practice............................................................................... 13 DE Reg. 236(Prop.) 13 DE Reg. 284(Final) 1790 Acupuncture Advisory Council........................................................................ 13 DE Reg. 237(Prop.) 2500 Board of Pharmacy......................................................................................... 13 DE Reg. 57(Prop.) 13 DE Reg. 506(Final) 2700 Board of Professional Land Surveyors, Sections 12.0 Minimum Technical Standards for Licences and 15.0 Reciprocity Eligibility .......... ................... 13 DE Reg. 244(Prop.) 2930 Council on Real Estate Appraisers................................................................. 13 DE Reg. 123(Final) 3500 Board of Examiners of Psychologists............................................................. 13 DE Reg. 124(Final) 3600 Board of Registration of Geologists................................................................ 13 DE Reg. 390(Prop.) 3800 Committee on Dietetics/Nutrition ................................................................... 13 DE Reg. 79(Prop.) 13 DE Reg. 414(Final) 2101 Mortgage Loan Brokers Operating Regulations............................................. 13 DE Reg. 468(Prop.) 2201 Licensed Lenders Operating Regulations...................................................... 13 DE Reg. 468(Prop.) 2401 Mortgage Loan Originator Licensing.............................................................. 13 DE Reg. 468(Prop.) PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company......................... 13 DE Reg. 395(Prop.) PSC Regulation Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program .............................................................. 13 DE Reg. 416(Final) 2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9....... 13 DE Reg. 418(Final) Delaware Economic Development Office 402 Procedures Governing The Delaware Strategic Fund...................................... 13 DE Reg. 489(Prop.) Office of Management and Budget Freedom of Information Act Policy and Procedures................................................ 13 DE Reg. 493(Prop.) 2001 Group Health Care Insurance Eligibility and Coverage Rules.............................. 13 DE Reg. 126(Final) DEPARTMENT OF AGRICULTURE DIVISION OF ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION Statutory Authority: 3 Delaware Code, Section 7202 (3 Del.C. §7202) 3 DE Admin. Code 304 304 Exotic Animal Regulations 1.0Authority These regulations are promulgated pursuant to the authority of Section 7202 of Title 3 of the Delaware Code. 2.0Purpose These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. 3.0Definitions "Accurate Description of the Exotic" means the name, location, age, gender (when visible or known), markings/color, tattoo, identification tag, microchip and/ or other distinguishing characteristics of the exotic together with the name and residence of the owner or custodian. "Adopter" means a person who becomes an owner or custodian of an exotic animal. "Animal Attack Protocol" means a document that outlines an owner's or custodian's action plan should the exotic animal bite, injure or attack a human or animal. "Carnivore" means a flesh-eating mammal, which possesses teeth and claws adapted for attacking and devouring prey. "Class of Exotic" means each of the following groups constitute a separate and distinct class: Carnivore, Herbivore, Hybrid of a wild animal, Omnivore, Primate and Reptile. "Custodian" means a person who possesses or cares for an exotic animal. A custodian has immediate charge and control of the exotic. "Department" means the Delaware Department of Agriculture. “DNREC” means the Delaware Department of Natural Resource and Environmental Control. "Emergency Evacuation Plan" means a written document that outlines the actions the owner or custodian plans to implement in an emergency or ordered departure in order to provide for the exotic's welfare and the public's health and safety. "Exhibitor" means a person who displays exotic animals to the public. "Exotic" means a live wild mammal, hybrid of a wild mammal, and a live reptile not native to or generally found in Delaware. An exotic animal is ecologically foreign to Delaware. "Herbivore" means a mammal that feeds exclusively on vegetable matter. "Hybrid of a wild mammal" means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware. "Nuisance" means an act or the threat of an action that unreasonably interferes with the health, safety or property rights of the community at large. "Omnivore" means an animal which eats any sort of food, both animal and vegetable in origin. "Owner" means a person who owns an exotic animal. An owner has or holds the exotic animal as property. "Permit Holder" means an owner or custodian of an exotic animal who holds an applicable exotic animal permit. "Person" means any individual, partnership, corporation, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof. "Pet" means an exotic animal that is kept for interest, companionship and amusement and is associated with a household. "Primate" means a mammal that belongs to the highest order of mammals including monkeys and lemurs. "Purchaser" means a person who becomes an owner of an exotic animal by exchange of cash, goods, or animals. A “Purchaser” also means a person who becomes an owner or custodian of an exotic by adoption. "Rehabilitator" means a person who restores an exotic animal to good condition by providing short term care. “Relocate” means to move an exotic from a rehabilitator, a zoo, an agency or the Department to a new rehabilitator, a different zoo, or another agency. "Reptile" means any cold-blooded vertebrate of the class Reptilia including turtles, lizards, snakes, crocodilians and tuatara. "Seller" means a person who is engaged in the sale or trade of exotic animals for cash, goods, or animals. With the exception of a rehabilitator or a zoo, a “Seller” also means a person who offers exotics through gifting or adoption. "Secretary" means the Secretary of the Delaware Department of Agriculture or his or her designee. "State Veterinarian" means the State Veterinarian of the Delaware Department of Agriculture, or his or her designee. "USDA" means the United States Department of Agriculture. "Valid Identification" (Valid ID) means a photo identification such as a Delaware driver's license, a State of Delaware Identification card, or a Passport that includes the name and address of the purchaser of the exotic animal. "Welfare" means that the owner or custodian provides for the health and well-being, and safeguards the physiological requirements, of the exotic animal. "Zoo" means a park or institution accredited by the Association of Zoos and Aquariums (AZA) (or its designated successor organization) where: exotics are primarily kept in cages or enclosures for people to come and see; exotics are exhibited outside of the park to the public for educational purposes; and exotics are bred and studied by scientists. 4.0The State Veterinarian Powers; Duties 4.1The State Veterinarian is responsible for administering and enforcing these regulations. The State Veterinarian has the power to grant, deny, or revoke permits to own or have custody of exotics in this state. 4.2The State Veterinarian is vested with the power to designate agencies to seize and when warranted to humanely destroy an exotic if necessary to protect the public health, safety, or welfare and to protect the health of other animals. The State Veterinarian or his/her agent can humanely destroy an exotic without first notifying the exotic animal's owner or custodian. 4.3The State Veterinarian will designate a list of exotic animals that are exempt from the permitting requirement (regulation 6.1). The State Veterinarian will review the list and may add or delete species when suggested by the public through the rule making process and with sufficient documentation for the requested species. Pursuant to 29 Del.C. §10119, the State Veterinarian may change the list of exotic animals that are exempt from the permitting requirement at any time in response to current animal and human health and safety concerns. 4.4The State Veterinarian will designate exotic animals in the Herbivore and Reptile Classes that are prohibited from being bred by Sales Permit Holders (regulation 7.5.2.10). The State Veterinarian will review the list and may add or delete species prohibited from being bred when suggested by the public through the rule making process and with sufficient documentation for the requested species. Pursuant to 29 Del.C. §10119, the State Veterinarian may change the list of exotic animals in the Herbivore and Reptile Classes that are prohibited from being bred at any time in response to current animal and human health and safety concerns. 4.5The State Veterinarian is charged with preventing the introduction and spread of contagious and infectious diseases into and within the domestic animal population of the state, therefore: 4.5.1The State Veterinarian can prohibit activities by any Permit class if there is a threat to domestic animals in the state. 4.5.2The State Veterinarian can prohibit Accredited Zoo Permit and Sales Permit holders from breeding exotics if there is a threat to domestic animals in the state. 4.6The State Veterinarian or his/her agents must be allowed access to the exotics and to the premises that house exotics. 4.7The State Veterinarian will not issue Individual, Exhibitor or Sales permits for gila monsters, beaded lizards or komodo dragons. 5.0Information and Reporting requirements for exempt and permitted exotics 5.1All sellers of reptiles must advise purchasers in writing that most reptiles carry Salmonella bacteria, which can be a source of human infection. The seller must present written information to the purchaser on sanitation measures that can decrease the transmission of Salmonella from captive reptiles to humans. 5.1.1Failure to inform the purchaser, adopter or custodian in writing of the Salmonella risk posed by reptiles and to provide written sanitation measures that can decrease the transmission of Salmonella constitutes an offense punishable under 3 Del.C. §7203. 5.2It is the duty of all governmental agencies, veterinarians, veterinary technicians, permit holders, rehabilitators, and owners or custodians of exotics to promptly report to the State Veterinarian and the Department any contagious, infectious or zoonotic disease, agent or organism infecting or carried byan exotic animal. 5.2.1Failure to promptly inform the State Veterinarian and the Department of any contagious, infectious or zoonotic disease, agent or organism infecting or carried by an exotic animal constitutes an offense punishable under 3 Del.C. §7203. 6.0Permit Exemptions; Permit Requirements; Permit Prerequisites; Waivers 6.1The following exotics are exempt from the permitting requirement of the Department: 6.1.1Mammals: Chinchillas, Degus, Ferrets, Gerbils, Guinea pigs, Hamsters, Hedgehogs, Mice, Norway rats, Possums, Rabbits and Sugar gliders. 6.1.2Reptiles: Anoles, Agamas, Asian Water Dragons, Basilisks, Bearded dragons, Chameleons, Geckos, Iguanas, Skinks (except the five-lined skink), Swift lizards, and Tegus. 6.1.3Exempt exotics are subject to the regulations 1.0, 2.0, 3.0, 4.0, 5.0, 11.4.6, 12.0, and 14.2.2. 6.2Unless specifically exempt from the permitting requirement as presented in regulation 6.1, all persons who would own or have custody of an exotic animal must first obtain a permit issued by the Department. To obtain the required permit from the Department, the prospective adopter, owner or custodian of an exotic animal must: 6.2.1Provide the Department with satisfactory proof that the exotic animal will be confined within two enclosures, designated herein as primary and secondary. 6.2.1.1The primary enclosure shall be a pen, cage or other structure where the exotic will be kept and which must be of sturdy and escape-proof construction. The primary enclosure must be consistent in size, structure, lighting, temperature control, and ventilation according to the welfare standards prescribed in the scientific literature or in the USDA regulations for the species being enclosed. The permit applicant is required to demonstrate knowledge of enclosure and welfare standards for the species under consideration with the application. 6.2.1.2The secondary enclosure must be sufficient to prevent the exotic animal from escaping from the property of the owner or custodian should it be set free or escape from its primary enclosure. The secondary enclosure must ensure there will be no physical contact between members of the public and the exotic. The secondary enclosure must prevent the exotic from escaping the premises if it is out of its primary enclosure. 6.2.1.3The holder of an Accredited Zoo, Exhibitor or Rehabilitator permit issued in accordance with regulations 7.2, 7.3, and 7.4 may request in writing that the State Veterinarian consider waiving the enclosure requirements set forth in regulations 6.2.1.1 and 6.2.1.2 because the exotic animal has unique enclosure requirements. 6.2.1.4Shared enclosures: 6.2.1.4.1Accredited Zoo Permit holders are allowed to breed exotic animals in all classes in the State of Delaware in accordance with Regulations 4.5.2 and 11.4.2; therefore exotics permitted by the Accredited Zoo Permit may share enclosures. 6.2.1.4.2Sales Permit holders: 6.2.1.4.2.1Sales Permit holders are allowed to breed exotic animals in the Herbivore and Reptile class in the State of Delaware in accordance with regulations 4.5.2, 7.5.2.10, and 11.4.5; therefore exotics in the Herbivore and Reptile classes prohibited from being bred must not share enclosures unless they are sterile or unable to reproduce and those exotics not included in the prohibited from being bred list may share enclosures. 6.2.1.4.2.2Sales Permit holders are not permitted to breed Carnivores, Hybrids of Wild Mammals, Omnivores or Primates; hence shared enclosures for these Classes of Exotics are only for sterile exotics or exotics unable to reproduce. 6.2.1.4.3All other Permit Class holders are not permitted to breed exotic animals; hence shared enclosures are only for sterile exotics or exotics unable to reproduce. 6.2.2Provide the Department with a copy of an emergency evacuation plan upon request. 6.2.3Provide the Department with a copy of an animal attack protocol upon request. 6.3To obtain the renewal of an exotic animal permit, exotic animal owners or custodians must confirm the ongoing existence of all the requirements set forth at regulation 6.2 and must, in addition, allow Department designees access to inspect the premises where exotics are located to confirm the health and humane treatment of the exotic. 6.4Any existing permits issued by the Delaware Department of Agriculture will become void sixty (60) days after the effective date of these proposed regulations and must be renewed in accordance with regulations 6.3 and 9.0 at no additional cost to the owner or custodian. 6.5If an exotic was previously considered by the Department to be exempt from the permitting process and does not appear in section 6.1, then a permit is required. The initial permit for the “no longer exempt” exotic must be in accordance with Regulation 8.0. If the initial permit is obtained within sixty (60) days after the effective date of these proposed regulations, there will be no additional cost for this initial permit. 7.0Permit Classes 7.1Individual Permit 7.1.1When an exotic is kept as a pet, the owner or custodian of the exotic must apply to the Department for an Individual Permit on a form supplied by the Department. Individual Permits granted by the Department shall become null and void when the owner or custodian transfers ownership or custodianship of the exotic to another person. The owner or custodian must obtain a separate Individual Permit for each exotic animal kept as a pet. A background check of an owner or custodian applying for an Individual Permit may be completed by the Department. 7.1.2An Individual Permit is not transferable, is valid for three years, and must be renewed in accordance with regulation 9.1. 7.1.3When the owner or custodian of an exotic holds an Individual Permit for that exotic and he or she transfers ownership through gifting or adoption then he or she is not considered to be a seller and is not required to have a Sales Permit. 7.2Accredited Zoo Permit 7.2.1All zoos in Delaware must obtain an Accredited Zoo Permit which is not transferable. 7.2.2All zoos in Delaware must be in keeping with the Association of Zoos and Aquariums (AZA) accreditation process. 7.2.3An Accredited Zoo Permit is not transferable, is valid for five (5) years and must be renewed in accordance with section 9.2. 7.3Exhibitor Permit 7.3.1All owners or custodians (with the exception of permitted Accredited Zoos located in Delaware) that wish to present exotic animals for public viewing must obtain an Exhibitor Permit. 7.3.2An Exhibitor Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.3. 7.3.3A background check of an owner or custodian applying for an Exhibitor Permit may be completed by the Department. 7.3.4Exotic Animal Exhibitors Duties: 7.3.4.1Notify the Department within the sixty (60) day period prior to exhibiting exotic animals in Delaware; 7.3.4.2Provide the Department with an annual inventory which includes an Accurate Description of each exotic animal to be exhibited. The inventory does not need to include exemptexotics (regulation 6.1). If changes to the annual inventory previously provided to the Department occur prior to exhibiting in Delaware then notify the Department by e-mail, fax or writing of the changed inventory by listing the addition or removal of each exotic animal; 7.3.4.3Provide the Department with the dates of exhibition; 7.3.4.4Provide the Department with a list of exhibition activities; 7.3.4.5Provide the Department with a public health and safety plan, an animal attack protocol, and an animal health plan upon request; 7.3.4.6Show proof of exotic animal permits or licenses from the state or states where the exhibitor is based to the Department upon request; 7.3.4.7Provide valid health certificates upon request; 7.3.4.8When applicable have a valid DE business license and provide proof of same upon request; and 7.3.4.9Provide proof of knowledge of exotics' health, safety and proper care upon request. 7.4Rehabilitator Permit 7.4.1The Rehabilitator Permit must be obtained from the Department by an owner or a custodian who provides short term care and rehabilitation of exotic animals. 7.4.2The applicant for the Rehabilitator Permit must provide documentation that he or she holds a Wildlife Rehabilitator Permit from DNREC. 7.4.3A Rehabilitator Permit is not transferable, is valid for three years and must be renewed in accordance with regulation 9.4. 7.4.4A background check of an owner or custodian applying for a Rehabilitator Permit may be completed by the Department. 7.4.5Rehabilitator Permit Holder's Duties: 7.4.5.1By December 31st of each calendar year the exotic animal Rehabilitator must: 7.4.5.1.1Provide the Department with a yearly inventory of every exotic currently being rehabilitated. The inventory does not need to include exempt exotics (regulation 6.1). The inventory must include an Accurate Description of each exotic; 7.4.5.1.2Request in writing permission from the State Veterinarian or his/her designee for an extension of the exotic's rehabilitation time when the exotic is carried over from the prior year's inventory; 7.4.5.1.3Identify each dead, adopted or relocated exotic from the prior year’s inventory and note whether exotic has been relocated in the State of Delaware or outside the State of Delaware; 7.4.5.1.4Identify each exotic newly acquired during the calendar year ending on December 31st. The identification should include: an Accurate Description, a brief explanation of the reason each exotic animal was acquired or born and note whether the newly, acquired exotic remains in the yearly inventory, has died, has been adopted, or has been relocated in the State of Delaware or outside the State of Delaware; and 7.4.5.1.5Include the adopter's name, address and when available, telephone and e-mail. 7.4.5.2Provide the Department with a public health and safety plan, an animal attack protocol, an emergency evacuation plan and an animal health, proper care and rehabilitation plan upon request. 7.4.5.3Be limited to a maximum of twenty (20) exotic animals per Class of Exotic unless a written request to exceed the maximum number is approved by the State Veterinarian within sixty (60) days of exceeding the maximum. 7.4.5.4The rehabilitator must require at the time of an exotic's adoption that the adopter has obtained the appropriate class of Exotic Animal Permit from the Department. 7.4.5.5The rehabilitator must verify at the time of the exotic's adoption that the adopter's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented. 7.4.5.6Provide the adopter with written information regarding the exotic's enclosure, proper care, nutrition and welfare requirements. 7.4.5.7The rehabilitator must inform the adopter that there may be county, city, local laws, rules and regulations that may govern or proscribe the possession of exotics in their area. 7.4.5.8If the adopter resides outside the State of Delaware, the rehabilitator must maintain a record of the interstate transfer of ownership, including adopter's address; and the rehabilitator is responsible for notifying the appropriate state veterinarian's office or applicable state agency. 7.4.5.9Keep a record of the adopter's name, address and when available, telephone and e-mail for three years. 7.4.6Adopters of Rehabilitated Exotics; Duties: When an adopter proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to becoming an owner/custodian must be met: 7.4.6.1The adopter must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of the exotic's adoption. 7.4.6.2The adopter must present to the rehabilitator at the time of the exotic's adoption a Valid ID with the same name and address that are on the Exotic Animal Permit. 7.5Sales Permit 7.5.1Owners or custodians that sell exotics in Delaware or sell exotics from Delaware to locations outside of Delaware must obtain a Sales Permit from the Department for each Class of Exotic sold. 7.5.1.1A Sales Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.5. 7.5.1.2Accredited Zoo Permit and Rehabilitator Permit holders are not required to hold a Sales Permit. 7.5.1.3Exhibitor Permit holders engaged in the sale of exotics are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5. 7.5.1.4With the exception stated in regulation 7.1.3, Individual Permit holders engaged in the sale of exotics or the breeding of exotics in the Herbivore or Reptile class are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5. 7.5.1.5A background check of an owner or custodian applying for a Sales Permit may be completed by the Department. 7.5.1.6When applicable have a valid Delaware business license and provide proof of same upon request by the Department. 7.5.1.7Notify the Department in writing by June 30th each year of any exotic that was acquired, born or died since the prior year’s (December 31st) inventory. This notification does not apply to exempt exotics (regulation 6.1). 7.5.2Seller's Duties- When an owner or custodian proposes to sell an exotic that requires permitting by the Department the following conditions of sale must be met: 7.5.2.1The seller must require at the time of the sale that the purchaser has obtained the appropriate class of Exotic Animal Permit from the Department. 7.5.2.2The seller must verify at the time of the sale that the purchaser's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented. 7.5.2.3The seller must provide the purchaser with written information regarding the exotic's enclosure and welfare requirements. 7.5.2.4The seller must notify the purchaser that there may be county, city, and local laws, rules and regulations within the State of Delaware that may proscribe or govern the possession of exotics in their area. 7.5.2.5The seller must notify the Department in writing of the purchaser's name and address, and when available, e-mail address or telephone number and an Accurate Description of the Exotic by the first of every month after the sale of an Exotic. 7.5.2.6If the purchaser resides outside the State of Delaware, the seller must maintain a record of the interstate sale, including purchaser's address, and must notify the appropriate state veterinarian's office or applicable state agency. 7.5.2.7A legible copy of the purchaser's sale record must be maintained by the seller for 3 years after the sale of the exotic animal. 7.5.2.8The seller must attest in writing that all exotic animals put up for sale are in good health at the time of sale. 7.5.2.9The seller of reptiles must be in keeping with regulation 5.1. 7.5.2.10Sales permit holders are prohibited from breeding the following exotics in the Herbivore and Reptile classes: 7.5.2.10.1Members of Herbivore class prohibited from breeding: 7.5.2.10.1.1Herbivores whose average adult body weight of the species is greater than thirty pounds; and 7.5.2.10.1.2All rare and endangered species. 7.5.2.10.2Members of Reptile class prohibited from breeding: 7.5.2.10.2.1All members of the Crocodilian group: Alligators, Caimans, Crocodiles, and Gharials; 7.5.2.10.2.2All members of the Tuatara group; 7.5.2.10.2.3All giant snakes when average adult body length of the species is larger than 5 feet: Anacondas, Pythons and Boas; 7.5.2.10.2.4All giant lizards: Monitors (Varanidae); 7.5.2.10.2.5All giant tortoises: Aldabras and Galapagos; and 7.5.2.10.2.6All rare and endangered species. 7.5.3Purchaser's Duties. When a purchaser proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to purchase must be met: 7.5.3.1The purchaser must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase. 7.5.3.2The purchaser must present to the seller at the time of the sale a Valid ID with the same name and address that are on the Exotic Animal Permit. 8.0Initial Permit Applications 8.1Individual Permit. Initial applications must be filed with the Department prior to acquiring the exotic and prior to moving to reside in the State of Delaware with an exotic pet(s). Initial applications do not apply to exempt exotics (regulation 6.1).The State Veterinarian, for good causes shown, and upon written request of the owner/custodian may grant an extension of time to apply for an initial permit. The pre- purchase or pre-adoption fees required to obtain an Individual Permit for an exotic are non refundable. 8.2Accredited Zoo Permit. Initial applications must be filed with the Department upon accreditation by the Association of Zoos and Aquariums, or its successor association. A single Accredited Zoo Permit covers every exotic animal housed or kept at the Zoo. The Accredited Zoo Permit application must include a current copy of the Zoo's on-going accreditation document and identify an inventory of every exotic animal by Accurate Description kept at the Zoo at the time of application. The inventory does not apply to exempt exotics (regulation 6.1). 8.3Exhibitor Permit. Initial applications must be filed with the Department prior to exhibiting exotic animals in the State of Delaware. A single Exhibitor Permit covers every exotic animal housed or kept by the exhibitor. The application must include an inventory of every exotic animal by Accurate Description kept at the time of application. The inventory does not apply to exempt exotics (regulation 6.1). 8.4Rehabilitator Permit. Initial applications must be filed with the Department prior to rehabilitating an exotic animal. A single Rehabilitator Permit covers every exotic animal housed or kept by the rehabilitator. 8.5Sales Permit. Initial applications must be filed with the Department prior to the sale of any exotic animal and in accordance with regulation 7.5. Sales Permits must be obtained for each Class of exotic sold. If an exotic animal can be placed in more than one Class, the applicant need only apply for one class per exotic animal. The yearly Sales Permit request must include an inventory of each exotic animal per Class of Exotic animal identified on the Permit Application. The inventory must identify every exotic animal by Accurate Description of the exotic stocked at the business at the time of application for the yearly Permit. This yearly inventory does not apply to exempt exotics (regulation 6.1). 9.0Permit Renewal 9.1Individual Permits are valid for 3 years and must be renewed by March 31st of the fourth year. 9.2Accredited Zoo permits are required to be renewed every fifth year by March 31st in keeping with the AZA accreditation schedule. An updated inventory must be submitted with each permit renewal application. 9.3Exhibitor Permits are required to be renewed as stipulated in regulations 9.3.1 and 9.3.2. An updated inventory must be submitted with each permit renewal application. 9.3.1When an Exhibitor is based in Delaware or exhibits in Delaware on a customary basis each calendar year, then the Exhibitor Permit holder must renew by December 31st of each year. 9.3.2When an Exhibitor exhibits in Delaware sporadically and not each calendar year, then the Exhibitor Permit holder must renew within sixty (60) days prior to the initial exhibition. Such permits are only valid for the calendar year in which the permit was issued. 9.4Rehabilitator Permits are valid for three years and renewal must occur by March 31st of the fourth year. The renewal application must include proof of an active Wildlife Rehabilitator Permit issued by DNREC and an updated inventory. 9.5Sales Permits for each class of exotic sold are required to be renewed on an annual basis and renewal must occur by December 31st of each year. An updated inventory must be submitted with each permit renewal application. 10.0Possessing or Owning an Exotic Animal Without a Permit 10.1When the Department determines that an owner or custodian of an exotic animal has not obtained the required permit, or has failed to timely renew a permit, the Department shall inform the owner or custodian by mailing a letter to the owner or custodian's last known address of the legal requirement to obtain a permit. The owner or custodian will then have ten (10) business days from the date the Department's letter was mailed to obtain the required permit. The State Veterinarian may grant additional time to obtain a permit for good cause if petitioned in writing during the ten (10) business days from the date the Department's letter. No permit will be issued if possession of an exotic animal is prohibited by other applicable statutes. 10.2Failure to obtain a permit or to timely renew a permit are grounds for the State Veterinarian to seize and dispose of the exotic without the administrative hearing contemplated by regulation 14.2 and/or to institute criminal proceedings in accordance with 3 Del.C. §7203. 11.0Transporting; Permit Information Changes; Transfer of Ownership; Births and Deaths 11.1If an exotic is to be moved from one location to another for any reason, the exotic shall be transported in a cage or other container that will be strong enough to prevent its escape while in transport, that will protect the public from physical contact with the exotic and that meets the exotic's welfare requirements. 11.2All permit holders are required to notify the Department in writing within thirty (30) business days if they change their name, permanent address or other contact information and a failure to do so constitutes and offense punishable in accordance with 3 Del.C. §7203. 11.3Transfer of Ownership or Custodianship 11.3.1All permit holders are required to: 11.3.1.1Keep written records of any change of ownership or custodianship of an exotic animal. 11.3.1.2Make these records available to the Department immediately upon request. 11.3.2Individual Permit holders that gift or adopt out an exotic in accordance with regulation 7.1.3 must notify the Department in writing within ten (10) days of the transfer of ownership or custody. 11.3.3Rehabilitator Permit holders must be in keeping with regulation 7.4. 11.3.4Sales Permit holders must be in keeping with regulations 7.5 and 8.5. 11.3.5A failure to comply with any of the duties imposed by regulation 11.3 constitutes an offense punishable in accordance with 3 Del.C. §7203. 11.4Births and Deaths 11.4.1Individual Permit holders must notify the Department of the birth(s) or death(s) of each exotic by the first of every month. 11.4.1.1In the instance of unplanned birth(s) of exotic(s), the Individual Permit holder must obtain a permit for each exotic in keeping with regulations 7.1 and 8.1. 11.4.1.2If an exotic is pregnant when purchased and gives birth then the Individual Permit holder must obtain a permit for each exotic in keeping with regulations 7.1 and 8.1. 11.4.2Accredited Zoo Permit holders may breed exotics in keeping regulation 4.5.2. 11.4.3Exhibitor Permit holders who are based in Delaware must notify the Department of any birth(s) or death(s) of each exotic by the first of every month. 11.4.4Rehabilitator Permit Holders must be in keeping with regulations 7.4.5.1.3, 7.4.5.1.4 and 9.4. 11.4.5Sales Permit holders are limited to breeding the following classes: Reptile and Herbivore and must be in keeping with regulations 4.5.2, 7.5.1.7, 7.5.2.10, 8.5, and 9.5. 11.4.6Exotics exempt from permitting in accordance with regulation 6.1: 11.4.6.1May be bred; and 11.4.6.2Births and deaths do not need to be reported to the Department. 12.0Nuisances Prohibited No exotic, whether exempt from permitting in accordance with regulation 6.1 or requiring permitting in accordance with regulations 6.2 and 6.3 (i.e., exempt or not exempt), may become a nuisance. Any exotic, exempt or not exempt, that is an immediate threat and/or poses a risk of danger to the public may be subject to seizure and destruction in accordance with regulation 4.2 and without the administrative hearing contemplated by regulation 14.2. 13.0Escape, Loss, and Release When an exotic requiring permitting in accordance with these regulations escapes or is lost from its enclosures, the owner or custodian of said exotic must notify the Department and the appropriate animal control agency of the escape/loss as soon as possible but no later then three (3) days after first learning of the escape or loss. The owner or custodian of an escaped or lost exotic has a duty to offer assistance to recapture the exotic and must reimburse the Department for any expenses it incurs associated with recapturing the exotic including damage to persons, animals or property. It is unlawful to release an exotic requiring permitting in accordance with these regulations. If the Department is not notified by the owner or custodian of the escape or loss within aforementioned three (3) days, the exotic shall be presumed to be released unlawfully. A failure to comply with this provision constitutes an offense punishable in accordance with 3 Del.C. §7203. 14.0Permit Denials and Revocations; Administrative Hearings; Appeals 14.1The State Veterinarian or his/her designee may deny or revoke an initial application, renewal application, or a permit for good cause. Reasons for denials or revocations may include, but are not limited to the following: a zoo losing its accreditation; an exotic animal biting, maiming, or injuring a human; an exotic animal escaping from its enclosures; release of an exotic animal; failure to require and verify that a purchaser/adopter has obtained the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase/adoption of the Exotic; failure to notify the Department of the transfer or sale of any exotic animal; exotic animals being bred or reproducing by Permit class holders not permitted to breed exotics; failure to notify the Department of the birth or death of an exotic; failure to keep copies of sales records for three years; failure to perform the duties stated in these regulations; failure to promptly report any contagious, infectious, or zoonotic disease, agent or organism concerns; prior animal cruelty violations; and the applicant/permit holder fails to maintain enclosure, proper care, nutrition and welfare standards. 14.2Administrative Hearing: The owner or custodian of an exotic animal may appeal from the State Veterinarian's determinations pursuant to regulation 14.1 by requesting an Administrative Hearing before the Secretary or his or her designee. 14.2.1Whenever the State Veterinarian proposes to revoke a permit or deny an application for any reason other than that the exotic poses an immediate and unreasonable risk of harm to the public, the Department shall first give written notice to the permit holder or applicant of the State Veterinarian's determination. The written notice shall inform the permit holder or applicant that he or she has the right to challenge the determination and to request a hearing before the Secretary of the Department or his or her designee. A request for an administrative hearing must be made in writing and must be received by the Department within ten (10) business days of the date of the written notice to such permit holder or applicant; otherwise, the State Veterinarian's determination becomes final. The hearing shall be informal, and the technical rules of evidence shall not apply. The administrative hearing shall be scheduled by the Department as soon as practical, but in no event more than thirty (30) business days after receiving the written request for an administrative hearing. 14.2.2Whenever the State Veterinarian determines that an exotic, whether exempt or not exempt, poses an immediate and unreasonable risk of harm to public health and safety or domestic animal health, the same exotic is subject to immediate seizure and possible destruction. In such circumstances no administrative hearing is available to the applicant/permit holder or owner/custodian to challenge the State Veterinarian's determination. 14.2.3Administrative hearings shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within sixty (60) days of the date of the administrative hearing. 14.3Appeals shall be on the record to the Superior Court of the State of Delaware. 13 DE Reg. 8 (07/01/09) (Prop.) DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 609 609 District and School Based Intervention Services 1.0Provision of Services Each school district shall provide services for students whose behavior disrupts the classroom setting and creates distractions that impede the learning process, but who are not eligible for placement in an alternative program pursuant to 14 DE Admin. Code 611. School districts may offer such services based on the identified needs of the district and its individual schools, subject to the requirements of this regulation. 2.0Application for Funding 2.1Any school district requesting an incentive or supplemental grant to provide intervention services shall apply for such funds using the LEA Consolidated Application process provided by the Department of Education. 2.12Any incentive or supplemental grant approved as part of the LEA Consolidated Application process shall be in the amount appropriated for that purpose by law. 3.0Student Population to be Served Services funded under this regulation may be provided to any student in grades K to 12, subject to the terms of the district’s approved LEA Consolidated Application. Notwithstanding any of the provisions to the contrary, students with disabilities shall be served pursuant to the provisions in 14 DE Admin. Code 925. 4.0School Based Intervention Programs 4.1If a district, through its LEA Consolidated Application, provides a School Based Intervention Program as part of the services provided to disruptive students, such Program shall meet the following requirements: 4.12A School Based Intervention Program shall include both short term and long term intervention strategies. Such strategies may include character education, short or long term counseling to improve behavior which impacts educational performance, and methods to identify the need to refer students for additional services either within the district or to other agencies. The Program shall also include support services to provide a smooth transition for students who are returning to their regular school from a Consortium Discipline Alternative Program or from a Department of Services to Children, Youth and their Families (DSCYF) setting. 4.23The decision to place a student in the School Based Intervention Program shall be made by the student’s Intervention Team. The Intervention Team shall include the building principal or assistant principal, school nurse, counselor, social worker (if the student receives social work services), and a teacher familiar with the student. Other individuals, including parents, guardians or Relative Caregivers, may be invited as appropriate. 4.34When placing a student with disabilities in a School Based Intervention Program, the Intervention Team and a student’s IEP team may be the same as long as the membership of the Intervention Team also meets the requirements of 14 DE Admin. Code 925 922 to 929. 5.0Evaluation of Services Any local school district receiving a grant pursuant to this regulation shall submit an annual evaluation report on the effectiveness of its District and School Based Intervention Services. Such report shall be submitted as part of the LEA Consolidated Application process and shall conform to content and format standards. OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 735 735 Standardized Financial Reporting and Transparency 1.0Purpose The purpose of this regulation is to outline the criteria and process for the required standardized financial reporting pursuant to 14 Del.C. §122 (b)(11); and the uniformity and transparency in the financial recording and bookkeeping practices of the school districts and charter schools pursuant to 14 Del.C., §§1508 and 1509. 2.0Definitions “Charter School” shall mean a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code. "Delaware Educational Statistics Report" shall mean the annual reports maintained by the Delaware Department of Education related to financial and pupil information. "Delaware Financial Management System or (DFMS)" shall mean the State of Delaware's system for managing financial transactions. “District” shall mean a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code. "PHRST" shall mean the State of Delaware's payroll system. "State of Delaware Online Checkbook" shall mean the State of Delaware's official online checkbook. The online checkbook provides the ability to view payment information by state agency, expenditure category, or vendor. The data are updated on a quarterly basis. 3.0Standardized Financial Report Standardized Financial Report shall mean the summary of the District’s or Charter School’s financial documentation provided in a format approved by the Department of Education that includes, but is not limited to, the District’s or Charter School’s most current expenditure and revenue budgets. This documentation shall include encumbrances, expenditures, and remaining balances by category as prescribed in the approved format. Districts and Charter Schools shall indicate on the Standardized Financial Report whether the most current expenditure and revenue budgets are preliminary, amended or have been finalized by its approving entity. 4.0Uniformity and Transparency in Financial Recording and Bookkeeping Practices 4.1Each District and Charter School shall be required to use the following: 4.1.1Delaware Financial Management System or successor thereof for all financial transaction maintained in that system; 4.1.2PHRST for payroll purposes; and 4.1.3All other financial reporting formats or templates as provided by the Department of Education. 45.0Reporting Requirements and Timelines 45.1Effective February 1, 2008, eEach District and Charter school, no later than five (5) fifteen (15) working days after the most recent District or Charter School board meeting, shall post the most current Standardized Financial Report on its website. Provided further, the District or Charter School shall provide the preliminary or final Standardized Financial Report for the current past school year, no later than January September 1st of each year. 5.2Each District and Charter school shall provide a link on its website to the State of Delaware Online Checkbook. 5.3Each District and Charter school shall provide a link on its website to the Delaware Educational Statistic Report. 11 DE Reg. 918 (01/01/08) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 736 736 Local School District and Charter School Citizen Budget Oversight Committees 1.0Purpose The purpose of this regulation is to outline procedures, criteria and responsibilities related to the local school district and charter school Citizen Budget Oversight Committees required pursuant to 14 Del.C. §1508. The Citizen Budget Oversight Committee is solely established to oversee the financial position of the local school district or charter school it is assigned to oversee. The local school board or charter school board shall retain all policy and decision-making authorities granted pursuant to Delaware Code. 2.0Definitions "Certificate of Completion" means the document provided by the Department of Education indicating the individual has attended and completed the Citizen Budget Oversight Committee training. "Charter School" shall mean a school pursuant to 14 Del.C., Ch. 5. "Local School District" shall mean a reorganized school district or vocational technical school district established pursuant to 14 Del.C., Ch. 10. "Trainer" means an individual approved by the Secretary of Education to provide the Citizen Budget Oversight Committee training. 3.0Committee Members for Local School Districts 3.1Each Local School District shall be required to establish a Citizen Budget Oversight Committee (Committee) no later than June 1, 2010. The Committee shall have access either electronically or in hard copy format to financial documents and financial information the Local School District has in its possession and that are relevant to the financial position of the district, with redactions permitted only to protect confidential personal information regarding students or employees. 3.2The Committee shall have at least five (5) members with representation from parents, educators and taxpayers residing in the district. In addition, where possible, the Committee shall have at least two members with formal educational or vocational backgrounds amenable to oversight of school district financial statements. 3.3Each Local School District may establish its own policy outlining the Committee application; application deadlines; selection committee criteria; length of term (minimum 2 years); and specific responsibilities of its members subject to Department of Education approval. 3.3.1The Local School District shall submit its policy to the Department within ninety (90) calendar days of the effective day of this regulation. The Associate Secretary for Finance and Services shall review the proposed policy and make a decision within fifteen (15) work days to approve or request revisions. The decision to approve or request revisions shall be based solely on whether the policy includes the following criteria: 3.3.1.1The policy provides a public notification component for the request for Committee members; 3.3.1.2The policy provides the District Selection Committee membership requirements; 3.3.1.3The policy provides the public with the expectations or responsibilities of serving on such committee; 3.3.1.4The policy provides the process for selection of a Chairperson; and 3.3.1.5The policy provides the membership term length. 3.3.2If the Department does not approve the submitted policy, the Department shall provide comment on revisions within fifteen (15) work days of receipt of the proposed policy. The Local School District may submit a revised policy. If the revised policy is not subsequently approved, the Local School District shall follow the Department policy. In addition, a Local School District may not resubmit a policy for approval more than one time during a fiscal year. 3.3.3If the Local School District decides not to establish its own policy or if the policy is not approved by the Department, the Local School District shall be subject to the following process: 3.3.3.1Use the application form as developed and approved by the Department of Education that delineates standard application language and additional information that includes, but not limited to, the following: 3.3.3.1.1Membership pursuant to 3.2; 3.3.3.1.2Chairperson to be selected from the membership of the committee with a majority of vote; 3.3.3.1.3Term length of two (2) years with option to have the term extended based on the majority vote of the existing members of the Committee; however, a member may terminate his or her position upon written notice to the Chairperson; and 3.3.3.1.4Experience and statement for reason for participation on the Committee. 3.3.3.2Post the request for Committee members for at least fifteen (15) work days on its website and all school building main entrance doors; 3.3.3.3Identify a District Selection Committee with at least two educators from the district, one local school board member, the district’s business manager or superintendent, and one member of the local teacher’s union; and 3.3.3.4Use the selection rubric developed and approved by the Department of Education. 3.4Notwithstanding the above, a Local School District with an established citizen budget oversight committee or similar type of citizen committee established for financial oversight may submit a request to the Associate Secretary of Finance and Services for this established committee to be considered the Citizen Budget Oversight Committee pursuant to this regulation as long as the membership meets 3.2 of this regulation. The request shall be made in writing and the Associate Secretary of Finance and Services shall respond within fifteen (15) work days whether to approve such established committee to meet the requirements of this regulation. New members shall be subject to the training pursuant to 5.1. 4.0Committee Members for Charter Schools 4.1Each Charter shall be required to establish its first Citizen Budget Oversight Committee (Committee) no later than June 1, 2010. The Committee shall have access either electronically or in hard copy format to financial documents and financial information the Charter School has in its possession and that are relevant to the financial position of the district, with redactions permitted only to protect confidential personal information regarding students or employees. 4.2The Committee shall have at least five (5) members with representation from educators and parents of students in the school and representation from the Department of Education. In addition, where possible, the Committee shall have at least two members with formal educational or vocational backgrounds amenable to oversight of school district financial statements. 4.3Each Charter School may establish its own policy outlining the Committee application; application deadlines; selection committee criteria; length of term (minimum 2 years); and specific responsibilities of its members subject to Department of Education approval. 4.3.1The Charter School shall submit its policy to the Department within ninety (90) calendar days of the effective day of this regulation. The Associate Secretary for Finance and Services shall review the proposed policy and make a decision within fifteen (15) work days to approve or request revisions. The decision to approve or request revisions shall be based solely on whether the policy includes the following criteria: 4.3.1.1The policy provides a public notification component for the request for Committee members; 4.3.1.2The policy provides the Charter School Selection Committee membership requirements; 4.3.1.3The policy provides the public with the expectations or responsibilities of serving on such committee; 4.3.1.4The policy provides the process for selection of a Chairperson; and 4.3.1.5The policy provides the membership term length. 4.3.2If the Department does not approve the submitted policy, the Department shall provide comment on revisions within fifteen (15) work days of receipt of the proposed policy. The Charter School may submit a revised policy. If the revised policy is not subsequently approved, the Charter School shall follow the Department policy. In addition, a Charter School may not resubmit a policy for approval more than one time during a fiscal year. 4.3.3If the Charter School decides not to establish its own policy or if the policy is not approved by the Department, the Charter School shall be subject to the following process: 4.3.3.1Use the application form as developed and approved by the Department of Education that delineates standard application language and additional information that includes, but not limited to, the following: 4.3.3.1.1Membership pursuant to 3.2; 4.3.3.1.2Chairperson to be selected from the membership of the committee with a majority of vote; 4.3.3.1.3Term length of two (2) years with option to have the term extended based on the majority vote of the existing members of the Committee; however, a member may terminate his or her position upon written notice to the Chairperson; and 4.3.3.1.4Experience and statement for reason for participation on the Committee. 4.3.3.2Post the request for Committee members for at least fifteen (15) work days on its website and all school building main entrance doors; 4.3.3.3Identify a Charter School Selection Committee with at least two educators from the school, one Charter School board member, the Charter School Principal, and one teacher within the Charter School; and 4.3.3.4Use the selection rubric developed and approved by the Department of Education. 4.4Notwithstanding the above, a Charter School with an established citizen budget oversight committee or similar type of citizen committee established for financial oversight may submit a request to the Associate Secretary of Finance and Services for this established committee to be considered the Citizen Budget Oversight Committee pursuant to this regulation as long as the membership meets 3.2 of this regulation. The request shall be made in writing and the Associate Secretary of Finance and Services shall respond within fifteen (15) work days whether to approve such established committee to meet the requirements of this regulation. New members shall be subject to the training pursuant to 5.1. 5.0Citizen Budget Oversight Committee Training 5.1The Citizen Budget Oversight Committee Training (Training) means the educational programs developed by the Department of Education for the local school district and charter school Citizen Budget Oversight Committee members. This Training shall, at a minimum, consist of two (2) hours and cover the following topics: 5.1.1Overview of education budget process and timelines; 5.1.2Instruction in the basic rules of budgeting, including State of Delaware funds, local funds, and federal funds; 5.1.3State Financial Management System; and 5.1.4Reporting requirements. 6.0District School Board and Charter School Board Financial Responsibility Training Requirement Each member of a Citizen Budget Oversight Committee shall attend and receive a Certificate of Completion for the Citizen Budget Oversight Committee training within one (1) year of application and subsequent appointment to a Citizen Budget Oversight Committee. Provided further, additional training may be required from time to time as determined by the Department. 7.0Schedule of School Board Financial Training The Department shall annually publish a list of date(s) for Training. The Training shall be conducted by a Trainer as defined in this regulation. OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 851 851 K to 12 Comprehensive Health Education Program 1.0Program Requirements 1.1Each school district and charter school shall have a sequential, skill-based K to 12 Comprehensive Health Education Program based on the Delaware Health Education Standards that establishes a foundation of understanding the relationship between personal behavior and health and shall include at a minimum the following: 1.1.1Identification of a district level person to coordinate the district program and a coordinator in each building to assure compliance at the building level. Each charter school shall identify a person to coordinate the program for the charter school. 1.1.2Appointment of persons such as teachers, parents, school nurses, community leaders, guidance counselors, law enforcement officers and others with expertise in the areas of health, family life and safe and drug free schools and communities to serve as members of the District Consolidated Application Planning Committee. 1.1.3The use of the state content standards for health education for grades K to 12 inclusive of to address the core concepts: tobacco, alcohol and other drugs, injury prevention and safety, nutrition and, physical activity, family life and sexuality, tobacco, emotional personal health and wellness, mental, personal and consumer health and community and environmental health with minimum hours of instruction as follows: 1.1.3.1In grades K to 4, a minimum of thirty (30) hours in each grade of comprehensive health education and family life education of which ten (10) hours, in each grade, must address drug and alcohol education. 1.1.3.2In grades 5 and 6, a minimum of thirty five (35) hours in each grade of comprehensive health education and family life education of which fifteen (15) hours, in each grade, must address drug and alcohol education. 1.1.3.3In grades 7 and 8, separate from other subject areas, a minimum of sixty (60) hours of comprehensive health education of which fifteen (15) hours, in each grade, must address drug and alcohol education. If all of the 60 hours are provided in one year at grade 7 or 8, an additional fifteen hours of drug and alcohol education must be provided in the other grade. 1.1.3.4In grades 9 to 12, one half (1/2) credit of comprehensive health education is required for graduation of which fifteen (15) hours of this 1/2 credit course must address drug and alcohol education. This 1/2 credit course may be provided in the 9th, 10th, 11th or 12th grade. In each of the remaining three grades, fifteen (15) hours of drug and alcohol education must be provided for all students. 1.1.4Inclusion of a comprehensive sexuality education and an HIV prevention program that stresses the benefits of abstinence from high risk behaviors. 1.1.5Inclusion of the core concepts of nutrition and family life and sexuality implemented through Family and Consumer Science courses. 1.1.6Inclusion of research-based fire safety education in grades kindergarten through grade 6. 1.1.7Inclusion of an evidence-based tobacco, alcohol, drug and interpersonal violence prevention program. 1.6 1.1.8An annual staff development plan that describes tThe use of effective instructional methods as demonstrated in sound research in the core concepts and skills inclusive of accessing information, self management, analyzing internal and external influences, interpersonal communication, decision making and goal setting and advocacy. 1.7 1.1.9A description of the method(s) used to implement and evaluate the effectiveness of the program which shall be reported every three years as part of the Quality Review for Ensuring School and Student Success in the District/School Success Plan. 3 DE Reg. 1073 (2/1/00) 8 DE Reg. 1012 (1/1/05) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) DSSM: Food Supplement Program - Decennial Census 2010 9059 Income Exclusions Michigan: Keweenaw Bay Indian Community (L'Anse, Lac Vieux Desert, and Ontonagon Bands) Wisconsin: Bad River Reservation Lac du Flambeau Reservation Lac Courte Oreilles Reservation Sokaogon Chippewa Community Red Cliff Reservation St. Croix Reservation Minnesota: Fond du Lac Reservation Grand Portage Reservation Nett Lake Reservation (including Vermillion Lake and Deer Creek) White Earth Reservation Wisconsin: Michigan: Minnesota: DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 314 and 1111 (18 Del.C. §§314 and 1111) 18 DE Admin. Code 901 901 Arbitration of Automobile and Homeowners' Insurance Claims 1.0Purpose and Statutory Authority 1.1The purpose of this Regulation is to implement 18 Del.C. §331, Ch. 23, and 21 Del.C. §§2118 and 2118B by establishing the procedures for the arbitration of certain claims for benefits available under automobile or homeowners' policies or agreements, and/or those statutes. This Regulation is promulgated pursuant to 18 Del.C. §§311, 2312, and 29 Del.C., Ch. 101. This Regulation should not be construed to create any cause of action not otherwise existing at law. 5 DE Reg. 1746 (3/1/02) 2.0Insurer's Duty to Arbitrate 2.1Every insurer providing coverage or benefits in this State for automobile or homeowners' insurance policies shall submit to arbitration of covered claims (as defined by 18 Del.C. §331 and 21 Del.C. §§2118 and 2118B) by their insureds unless it is exempt from arbitration by the Insurance Commissioner. 5 DE Reg. 1746 (3/1/02) 3.0Exemption from Arbitration 3.1Insurers requesting exemption from the duty to arbitrate under a homeowners' insurance policy shall submit to the Insurance Commissioner the following: 3.1.1A request for exemption from arbitration; 3.1.2Copies or description of policies or plans for which exemption is requested; 3.1.3A detailed description of its internal review or appraisal procedures; 3.1.4Copies of documents to be provided to the insured describing its internal procedures including a statement that the insurer will be bound by a decision favorable to the insured; 3.1.5A certification by an officer of the insurer with binding authority that the procedures described will be followed in all cases, that the insurer will be bound by a decision favorable to the insured and that all documents submitted are true and accurate; and 3.1.6Payment of a non-refundable fee of $75.00. 3.2The Commissioner shall exempt a homeowner insurer from arbitration under this Regulation and continue such exemption as long as the internal appraisal or review procedures submitted under section 3.1 contain the following minimum requirements: 3.2.1The internal appraisal or arbitration procedure is performed by a panel of at least three individuals with both insured and insurer to select an equal number. Those selected by the parties shall select another member who shall preside over the panel. However, neither the insurer's assigned adjuster nor his or her supervisor may participate on the panel nor anyone under that supervisor's control; 3.2.2The insured or his attorney is permitted to submit evidence and examine the adverse evidence and to appear before the panel prior to the time the matter is to be decided; 3.2.3The insured is permitted to be represented by counsel; 3.2.4The insured is informed as to the right to appeal, if any, an adverse decision; 3.2.5The insured will be provided with at least 10 business days notice of all steps in the procedure. The decision will be made by a majority of the panel and must be provided to the parties, in writing, signed by the majority with a brief explanation of the reasons for the decision; and 3.2.6The insurer will maintain complete records of the above for a period of three years for inspection at any time during business hours by the Commissioner or the Insurance Department. 3.3The Commissioner may suspend, revoke or refuse to continue any exemption after notice and a hearing establishing violation of the above. The exemption provided above is not effective until the application has been filed, reviewed and approved by the Commissioner. The Commissioner may request reports from insurers from time to time on the above reviews. 5 DE Reg. 1746 (3/1/02) 4.0Exclusion from Arbitration 4.1The following claims shall not be subject to arbitration under this Regulation: 4.1.1Claims for which there is no jurisdiction under 18 Del.C. §§331 and 21 Del.C. §§2118 and 2118B; 4.1.2Claims for which there is no policy coverage in force; 4.1.3Claims that are already pending before any court; 4.1.4Claims that arise under an insurance policy from a jurisdiction other than Delaware; or 4.1.5Claims which arise under a homeowners' policy or plan which has been exempted by the Commissioner under section 3.0. 4.2The Arbitration Secretary or Panel is authorized to dismiss a matter upon receipt of information sufficient to establish that the claim is excluded under section 4.1.1 and after notice and an opportunity to respond is provided the petitioner. 5 DE Reg. 1746 (3/1/02) 5.0General 5.1These Arbitration Rules shall be considered applicable to accidents, insured events, or losses occurring within the limits of the State of Delaware regarding first and third party property and PIP claims and to first party claims in other states or territories of the United States or to foreign countries as set forth in the insurance policy. 5.2In arbitration proceedings and practice, the claimant who initiates the proceeding by filing a request for arbitration of a controverted claim or issue with the Insurance Commissioner shall be known as the "claimant," and the company or companies against which claim or claims is asserted shall be known as "respondent(s)." 5.3Requests for arbitration with respect to homeowners' insurance coverage shall be in writing and mailed to the Insurance Commissioner within 90 days from the date an offer of settlement or denial of coverage or liability has been made by an insurer. 5 DE Reg. 1746 (3/1/02) 6.0Notice and Manner of Service 6.1Notice and manner of service, except service of the original petition, is sufficient and complete if properly addressed, upon mailing the same with prepaid first class U.S. Postage. 6.2Service of an original Petition shall be by Certified U.S. Postage and return receipt requested or hand delivery to the respondent and is complete upon receipt by addressee or an employee in respondent's place of business. 6.3The parties must provide a brief statement verifying the service of all filed papers with the manner, date and address of service. 5 DE Reg. 1746 (3/1/02) 7.0When Arbitration May Be Commenced 7.1Arbitration may be commenced after the parties have attempted to resolve the matter informally and the Petitioner has provided the opposing party with all reasonably requested information in Petitioner's possession or provided the opposing party with an opportunity to obtain such information. 7.2The Panel may dismiss without prejudice the matter if it finds that the Petitioner has not attempted to resolve the matter informally or has failed to provide the opposing party with reasonably requested information. 5 DE Reg. 1746 (3/1/02) 8.0Commencement of Arbitration 8.1An arbitration will commence upon the filing of a Petition and three copies, in acceptable form with the Commissioner's Arbitration Secretary with the supporting documents or other evidence attached thereto and payment of the proper fee. The petitioner shall at the same time send a copy of the same Petition and supporting documents to the insurer or insurer's representative and a statement verifying service under section 5.0. The Arbitration Secretary may return any non-conforming Petition. 8.2Within 20 business days of receipt of the Petition, the responding insurer ("Respondent") shall file a Response with three copies, in acceptable form, with the Arbitration Secretary with supporting documents or other evidence attached and payment of the proper fee. The Respondent shall at the same time send a copy of the same Response and supporting documents to the Petitioner or Petitioner's representative and a statement verifying service under section 5.0. The Arbitration Secretary may return any non-conforming Response. 8.3If the Respondent fails to file a Response in a timely fashion, the Arbitration Secretary after verifying proper service and notice to the parties may assign the matter to the next scheduled Arbitration Panel for summary disposition. The Panel may determine the matter in the nature of a default judgment after establishing that the Petition is properly supported and was properly served on Respondent. The Arbitration Secretary or Panel may allow the re-opening of the matter to prevent a manifest injustice. A request for re- opening must be made no later than 5 business days after notice of the default judgment. 8.4Upon the filing of a proper Response, the Arbitration Secretary shall assign and schedule the matter for a hearing before an Arbitration Panel. 8.5The Insurance Department will provide the approved form of Petition or Response as they may be amended from time to time. The Parties are free to produce and use their own copies of those forms. 5 DE Reg. 1746 (3/1/02) 9.0Arbitration Panels 9.1The Commissioner shall establish two types of Arbitration Panels. There shall be Panels established for automobile insurance claims and homeowners' insurance claims. 9.2Each Panel shall consist of three members of suitable backgrounds or experience or as may be specified by statute, to be selected by the Commissioner. No member may serve on a Panel in which his employer or client is a party. Each Panel shall have a presiding member who shall be appointed by the Commissioner. 9.2.1In the case of automobile claims, each Panel shall consist of at least one Delaware licensedattorney as a member and the balance of the members shall be Delaware licensed insurance adjusters and/or appraiser as defined in 18 Del.C. §1702(c) 9.2.2In the case of homeowners' claim, the Panel shall consist of individuals of suitable expertise in evaluating such claims and may include Delaware licensed property appraisers or adjusters. One member of the panel shall be a Delaware licensed attorney. 9.2.3In the case of health insurance claims involving the certification of treatment or procedure, one member of the panel must be a licensed health care professional in the relevant area of dispute. 9.2.43A decision by the a Panel requires concurrence by at least two of the Panel members. The written decision shall be signed by the panel chair and shall reflect the votes of the members. 5 DE Reg. 1746 (3/1/02) 10.0Arbitration Hearings 10.1The arbitration hearing shall be scheduled and notice of the hearing shall be given the parties at least 10 business days prior to the hearing. Neither party is required to appear and may rely on the filed papers. 10.2The purpose of Arbitration is an attempt to effect affect a prompt and inexpensive resolution of claims after reasonable attempts by the parties to resolve the matter informally. Arbitration hearings shall be conducted in keeping with that goal. The arbitration hearing is not a substitute for a civil trial. In accord, the Delaware Rules of Evidence do not apply and hearings are to be limited, to the maximum extent possible, to each party being given the opportunity to explain their view of the previously submitted evidence in support of the pleading and to answer questions by the Panel. If the Panel allows any brief testimony, the Panel shall allow brief cross examination or other response by the opposing party. 10.3The Arbitration Panel may contact, with the parties' consent, individuals or entities identified in the papers by telephone in or outside the parties' presence for information to resolve the matter. 10.4The Panel is to consider the matter based on the submissions of the parties and information otherwise obtained by the Panel. The Panel shall not consider any matter not contained in the original or supplemental submissions of the parties which has not been provided the opposing party with at least 5 business days notice, except claims of a continuing nature which are set out in the filed papers. 10.5Claims for reasonable attorney fees under 21 Del.C. §2118B, shall only be granted by the arbitratorsupon the petitioner proving that the insurer acted in "bad faith." prevailing without an arbitrator’s dissent in all cases. Bad faith is an intentional, reckless or malicious indifference to the duties owed an insured, not negligence, carelessness or inadvertence of any degree. 5 DE Reg. 1746 (3/1/02) 11.0Subrogation Arbitration 11.1Subrogation arbitration between or among insurers pursuant to 21 Del.C. §2118 is not subject to this Regulation and shall continue to be conducted through Arbitration Forums, Inc., or its successor. 5 DE Reg. 1746 (3/1/02) 12.0Arbitration Fees 12.1Each party to an arbitration shall tender and pay the following filing fees for arbitration. 12.1.1$30.00 for Automobile Insurance Claims; and 12.1.2$30.00 for Homeowners' Insurance Claims. 12.2The filing fees are non-refundable and shall only be returned when a claim is determined to be excluded from arbitration. The prevailing party at arbitration is normally entitled to recover shall recovertheir paid filing fees as costs. However, the Panel may, for cause, award the filing fee as costs as may be equitable. 5 DE Reg. 1746 (3/1/02) 13.0Appeals 13.1Appeals from an adverse decision of the Arbitration panel shall be taken to the Superior Court of the State of Delaware by filing a Notice of Appeal with the Arbitration Secretary. 13.2The Notice of Appeal must be filed within 90 days in the case of claims for homeowners' insurance claims and within 30 days in the case of automobile insurance claims. 13.3All further filings and proceedings shall be in accordance with the Superior Court Rules of Civil Procedure. 5 DE Reg. 1746 (3/1/02) 14.0 Effective Date 14.1This regulation, as amended, shall replace existing Regulations 10 and 10A in their entirety. This regulation shall become on March 11, 2002. Any health claims commenced under this regulation prior to the effective date of Regulation 11 shall be resolved in accordance with the provisions of 73 Del. Laws Ch. 96. This amended regulation shall become effective on January 11, 2010. 5 DE Reg. 1746 (3/1/02) DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 314 and 1111 (18 Del.C. §§314 and 1111) 18 DE Admin. Code 1305 1305 Loss Ratio Filing Procedures for Health Insurers and Health Service Corporations for Medical and Hospital Expense-incurred Insurance Policies and Group Plans 1.0Authority This regulation is promulgated and adopted pursuant to 18 Del.C. §314 311, 18 Del.C. Ch. 25 and 29 Del.C. Ch. 101. 2.0Purpose The purpose of this regulation is to establish a format procedure for all rate filings made by insurerspursuant to 18 Del.C. §2506(c), including therein the specific manner of calculating and certifying the loss ratio. Insurers Are Reminded That There Is at Present (1991) a $25 per Filing Fee Imposed. 3.0Scope This regulation applies to insurers, and health service corporations, and managed care organizaiotns, as defined under “Health Benefit Plans” in 4.0 below, that deliver or issue for delivery medical and hospital expense-incurred insurance policies and plans for which rates submitted affect 20 or moreresidents of this State. The regulation applies to individual policies and plans and all group policies and plans that cover 24 or fewer persons. Any insurer or health service corporation having more than one group policy or plan that affects 24 or fewer persons must make a separate filing for each group policy or plan. A single filing by an insurer or health service corporation that purports to be an aggregate representation of loss ratio information for two or more group policies or plans is precluded by this regulation. 4.0Definitions 4.1For purposes of this regulation: "Carrier" means any entity that provides health insurance in this state. For the purposes of this chapter, carrier includes an insurance company, health service corporation, health maintenance organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. "Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer. “Collected Premium” means the amount of premium that is unadjusted to reflect any changes in the rate level (e.g. reported or actual premium). "Commissioner" means the Insurance Commissioner of this State. “Earned Premium” means the amount portion of the total premium for each year in the experience period on a collected basis that corresponds to the coverage provided during a given time period. “Experience Period” means the number of years over which the adequacy of the rates presently in effect are tested. "Health Benefit Plan" is an individual plan or group health plan that provides, or pays the cost of, medical care, including but not limited to group health plans, health insurance issuers, health maintenance organizations, managed care organizations and health service contractors, as well as any combination of them. “Incurred Losses” means losses that are (1) paid losses, and (2) losses that are incurred but not yet reported to the insurance claimants. “On-Level Factors” means factors that are used to correct collected premiums for each year in the experience period to the current level. "Policy Form" means the form on which the policy is delivered or issued for delivery by the insurer. “Protected and Reserve Incurred Losses” means losses on claims that are still open. “Rate Level History” means the accumulation of changes in the rate level showing the overall adjustment required to bring premiums to the current level. "Supplemental Rate Information" shall mean any manual or plan of rates, statistical plan, classification system, minimum premium, policy fee, rating rule, rate-related underwriting rule and any other information needed to determine the applicable premium for an individual insured and not otherwise inconsistent with the purposes of this chapter, as prescribed by rule of the Commissioner. 5.0Contents of Rate Revision Complete Filings 5.1Each rate revision filing which includes the following shall include be presumed a complete filing, subject to requests for time for review as the Commissioner may make: 5.1.1General Information 5.1.1.1Name of insurer and domiciliary state; 5.1.1.2Policy form name and number; 5.1.1.3Name Number of insured individuals or insured groups and number in group; 5.1.1.4Name of insurer's officer who is in charge of the filing; 5.1.1.54Amount of rate increase/decrease requested; 5.1.1.65Date filing was made; 5.1.1.76Other state(s) that have approved or disapproved the filing; and 5.1.1.87A written, notarized certification of insurer's officer that the filing is made pursuant to applicable laws, regulations and subject to all penalties and that the statements made in the filing are true and correct. 5.1.2Experienced Loss Ratio In addition to the information listed above, the Commissioner shall identify by bulletin or circular letter additional information required to be included in a complete filing. 5.1.2.1Earned premium reported on an actual basis; 5.1.2.2Rate level history over the applicable period of time; 5.1.2.3On-level factors; 5.1.2.4Incurred losses on an actual basis; 5.1.2.5Projected and reserved incurred losses (1) projection data underlying incurred losses, and (2) reserve data underlying incurred losses; and 5.1.2.6Projected experience loss ratio. 5.1.3Expected Loss Ratio Underlying Proposed Rates 5.1.3.1Underwriting expenses (1) incurred commissions as a percentage of written premium, (2) general administrative expense incurred as a percentage of earned at present level premium (3) claims administration expense incurred as a percentage of actual incurred losses, (4) Delaware premium taxes, licenses and fees as a percentage of written premium, (5) underwriting profit provision expressed as a percentage of earned premium; and 5.1.3.2Expected loss ratio. 5.1.4Investment Income 5.1.4.1Estimated investment earnings on unearned premium reserves and on loss reserves calculated as follows: 5.1.4.1.1Unearned premium reserve 5.1.4.1.1.1Direct earned premium for calendar year ended_______ 5.1.4.1.1.2Mean unearned premium reserve_______ 5.1.4.1.1.3Deduction for prepaid expenses 5.1.4.1.1.3.1Commission and brokerage expense_______ 5.1.4.1.1.3.2Licenses and fees_______ 5.1.4.1.1.3.350% of other acquisition expense_______ 5.1.4.1.1.3.450% of company operating expense_______ 5.1.4.1.1.3.5Total_______ 5.1.4.1.1.4(2) x (3)=_______ 5.1.4.1.1.5Net subject to investment (2) - (4)_______ 5.1.4.1.2Delayed remission of premium (agents' balances) 5.1.4.1.2.1Direct earned premium (A - 1)_______ 5.1.4.1.2.2Average agents' balance_______ 5.1.4.1.2.3Delayed remission (1) x (2)_______ 5.1.4.1.3Loss Reserve 5.1.4.1.3.1Direct earned premium_______ 5.1.4.1.3.2Expected incurred losses excluding underwriting profit provision_______ 5.1.4.1.3.3Expected loss reserves_______ 5.1.4.1.4Net subject to investment (A-5) - (B-3) + (C-3) =_______ 5.1.4.1.5Average rate of return_______ 5.1.4.1.6Investment earnings on net subject to investment(D) x (E) =_______ 5.1.4.1.7Average rate of return as a percent of direct earned premium (F) divided by (A -1) _______ 5.1.4.1.8Average rate of return as a percent of direct earned premium after federal income taxes_______ 5.1.5Indicated rate level change reflecting investment income as a credit against underwriting profit provision. 6.0Review Procedures 6.1Subject to the provisions of this section, no policy form rates subject to this regulation shall be delivered or issued for delivery in this state, unless they have been filed with the Commissioner. 6.2The Commissioner shall review and approve, provide notice of deficiencies or disapprove the initial filing within thirty (30) days of receipt. Any notice of deficiencies or disapproval shall be in writing and based only on the specific provisions of the applicable statutes, regulations or bulletins published by the Commissioner having the force and effect of law in this state and contained in the document created by the Commissioner pursuant to 5.0 of this section. The notice of deficiencies or disapproval shall contain sufficient detail for the filer to bring the policy form rate filing into compliance, and shall cite the specific statutes, regulations or bulletins upon which the notice of deficiencies or disapproval is based. 6.3No completed filing described in this section shall be effective unless filed with the Commissioner not less than thirty (30) days prior to the proposed effective date. Such a filing shall be deemed to meet the statutory requirements unless disapproved by the Commissioner within thirty (30) days of receipt of the filing. No such filings shall be disapproved, except on the basis that the rates are inadequate, excessive or unfairly discriminatory. 6.4A filer may resubmit a rate filing that corrects any deficiencies or resubmit a disapproved rate filing, and a revised certification, within thirty (30) days of its receipt of the Commissioner's notice of deficiencies or disapproval. Any filing not resubmitted within thirty (30) days of the notice of deficiencies shall be deemed withdrawn. Any disapproved rate filing form not resubmitted within thirty (30) days is disapproved. 6.5At the end of the review period, the rate is deemed approved if the Commissioner has taken no action. 6.5.1The Commissioner shall review the resubmitted filing and certification, and shall approve or disapprove it within thirty (30) days. Notice of deficiencies or disapproval shall be in writing and shall provide a detailed description of the reasons for the disapproval in sufficient detail for the filer to bring the rate filing into compliance and shall cite the specific statutes, regulation, or bulletins upon which the disapproval is based. No further extensions of time may be taken unless the filer has introduced new provisions in the resubmission, in which case the Commissioner may extend the time for review by an additional thirty (30) days. At the end of the review period, the rate filing is deemed approved if the Commissioner has taken no action. 6.5.2The Commissioner may not disapprove a resubmitted policy form rate filing for reasons other than those initially set forth in the original notice of deficiencies or disapproval sent pursuant to section 6.0. 6.5.2.1The Commissioner may disapprove a resubmitted rate filing for reasons other that those initially set forth in the original notice of deficiencies or disapproval sent pursuant to section 6.0 if: 6.5.2.1.1The filer has introduced new provisions in the resubmission. 6.5.2.1.2There has been a change in statutes, regulations or bulletins published in this state having the force and effect of law, or 6.5.2.1.3There has been reviewer error and the written disapproval fails to state a specific provision of applicable statute, regulation or bulletin published by the Commissioner having the effect of law in this state that is necessary to have the rate filing form conform to the requirements of law. 7.0Minimum Loss Ratio Guarantee 7.1In order to use the Minimum Loss Ratio Guarantee (MLRG) the company must satisfy the credibility definition: 7.1.1The annual earned premium volume in Delaware under the particular policy form must be greater than two million five hundred thousand ($2,500,000) dollars. 7.1.2This amount will be increased each year by the greater of 6.0% and the average health care premium increase from the Annual Health Care Costs Study for Major Metropolitan Areas. 7.1.3The MLRG shall not apply to closed blocks of business. 68.0New Policy or Plan and Rate Revision Filings 68.1With respect to a new form rate filings and rate revision filings, benefits shall be deemed reasonable in relation to premiums provided the anticipated loss ratio or the end of the third year is at least as great as shown in the following table: 9.0Minimum Loss Ratio Guarantee Option 9.1Notwithstanding the other provisions of this Regulation, premium rates may be used upon filing with the Commissioner of a minimum loss ratio guarantee. An insurer may not elect to use the filing procedure in this section for a rate filing that does not contain the minimum loss ratio guarantee. If an insurer elects to use the filing procedure in this subsection for a rate filing, the insurer shall not use a filing of premium rates that does not provide a minimum loss ratio guarantee for that policy form or forms. 9.2The minimum loss ratio shall be in writing and shall contain at least the following: 9.2.1An actuarial memorandum specifying the expected loss ratio that complies with the standards as set forth in this subsection; 9.2.2Detailed experience information concerning the rate filing; 9.2.3A step-by-step description of the process used to develop the experience loss ratio, including demonstration with supporting data from the original policy rate filing; 9.2.4A guarantee of a specific lifetime minimum loss ratio, that shall be greater than or equal to the loss ration in 8.0; 9.2.5A guarantee that the actual Delaware loss ratio for the calendar year in which the new rates take effect, and for each year thereafter until new rates are filed, will meet or exceed the minimum loss ratio standards referred to in 9.2.4 of this paragraph, adjusted for duration; and 9.2.6A guarantee that the actual Delaware lifetime loss ratio shall meet or exceed the minimum loss ratio standards referred to in 9.2.4 of this paragraph. 9.3The insurer shall refund or credit premiums in the amount necessary to bring the actual loss ratio up to the guaranteed minimum loss ratio. 9.4A Delaware policyholder affected by the guaranteed minimum loss ratio shall receive a portion of the premium refund or credit relative to the premium paid by the policyholder. The refund or credit shall be made to all Delaware policyholders insured under the applicable policy form during the year at issue if the refund or credit would equal ten dollars ($10) or more per policy. The refund or credit shall include statutory interest until the date of payment. Payment shall be made not later than one hundred eighty (180) days after the end of the year at issue. 9.5Premium refunds of less than ten dollars ($10) per insured shall be aggregated by the insurer and deposited into the State Treasury. 9.6A guarantee that the actual Delaware loss ratio results for the year at issue will be independently audited at the request of the Commissioner. 9.7Notwithstanding the provisions of this subsection, an insurer may amend the rate filing forms used before the effective date of this regulation to provide for a minimum loss ratio guarantee allowed under this subsection for policies issued, delivered, or renewed on or after the effective date of this regulation. 10.0Rates for Large Groups 10.1Rates for groups of more than 50 persons (hereinafter "large groups") shall be made in accordance with 18 Del.C. Ch 25. 10.2Each carrier issuing a policy to a large group shall establish and maintain a complete record of the rates employed, rate manuals, classification plans and all related materials needed for the carrier to determine the rate developed for the policy. 10.3The carrier's records shall be maintained in a manner that readily allows examination as the Insurance Commissioner may require. 711.0Effective Date of Regulation This regulation shall become effective on May 30, 1991 January 11, 2010. DEPARTMENT OF SAFETY AND HOMELAND SECURITY Statutory Authority: 11 Delaware Code, Section 8404(a)(5) (11 Del.C., §8404(a)(5)) 801 Delaware Council on Police Training 3.0Minimum Standards for Initial Employment 3.1The applicant shall complete an application, the format of which has been approved by the Council. (See Section IV. Forms) 3.2The applicant shall be a citizen of the United States. 3.3The applicant shall have reached his/her 18th birthday as a seasonal officer and his/her 21st birthday as a full time officer. 3.4A licensed physician shall examine the applicant, at the expense of the employing agency, to determine that he/she is physically fit for normal police duties. The following shall be met, 3.4.1The applicant shall be free from any major impediment of the senses. 3.4.2The applicant shall be examined by a licensed ophthalmologist or optometrist and shall possess acuity of vision of not more than 20/200 correctable corrected to 20/20 in each eye. with soft contact lenses. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. Applicant shall also possess acceptable depth perception. 3.4.3The applicant shall possess normal hearing in both ears per current standards. 3.4.4The applicant shall have no communicable diseases. 3.4.5The applicant shall have no physical deformities, which would be detrimental to proper performance of police duties. 3.4.6The applicant must pass a drug-screening test prior to appointment or attendance at an approved police basic training Academy. The standards for such drug screening shall be adopted by the agency seeking to employ the applicant; at a minimum, these standards must provide for confirmatory testing in the event of an initial positive finding. The cost of the drug screening test will be absorbed by the employing agency. Urine tests will be conducted for the following drugs: 3.4.6.1Amphetamines (speed, uppers, meth) 3.4.6.2Barbiturate (barbs, downers) 3.4.6.3Benzodiazepines (tranquilizers, Valium) 3.4.6.4Cannabidiol (THC, pot marijuana) 3.4.6.5Cocaine (crack, snow) 3.4.6.6Methaqualone (quaaludes, ludes) 3.4.6.7Opiates (heroin, smack, morphine) 3.4.6.8Phencyclidine (PCP) 3.4.6.9Designer Drugs (ecstasy) 4.0Notification of Employment Status 4.1The Council required that the Administrator be notified by the Chief of Police, in writing, within 5 days of the employment or termination of any police officer under his/her command. (See Section IV. Forms) 5.0Minimum Standards For Training 5.1Police Basic Training Course 5.1.1In order for training to be accepted by Council on Police Training the training must be instructed by Certified Instructors as set forth in II-12. 5.1.1.1Each applicant for the position of police officer in the State of Delaware must satisfactorily complete the Police Basic Training Course as prescribed in 11 Delaware Code §8405(a) (Amended 07/08/93) prior to being given or accepting an appointment as a police officer. 5.1.1.2The Council on Police Training has certified six agencies as approved police basic training academies. Those agencies are: The Delaware State Police; New Castle County Police; Wilmington Department of Police; Newark Police Department; Dover Police Department; and Delaware River and Bay Authority Police Department. 5.1.1.3As a condition of maintaining their status as an approved police basic training academy during the training period for applicants for certification as police officers, each school must conduct a minimum of one random drug-screening test on each such applicant. The cost of conducting one test for drug samples pursuant to this section for each applicant undergoing training, including confirmatory testing in the event of an initial positive finding, shall be paid by the Council. The drug screening must be conducted according to standards adopted by the agency conducting the school; these standards must include confirmatory testing as described above. 5.1.1.43Any arrest for criminal and/or traffic offense, the Council on Police Training should be notified within 5 days. 5.1.1.54Person must meet PT standards of the academy to which they will be attending. 5.2Waiver of Equivalent Training – RECIPROCITY 5.2.1The Council on Police Training may waive the requirement of attending an approved Delaware Police Training Academy for those officers seeking Delaware certification of training after having completed equivalent training out-of-state, and having met all training considered indigenous to Delaware. 5.2.2The Chief of Police of the municipality seeking waiver of training obtained in Delaware must submit to Council an application for Exemption from Mandatory Training. (See Section IV. Forms) 5.2.3The application must be completed in its entirety and submitted to the Administrator prior to appointment by the requesting agency. The officer must enclose a copy of the certificate of training from the police academy, which provided police basic training. The officer must also enclose a copy of the curriculum from that academy which must include: description of courses taught; hours assigned to each course; and, a brief synopsis of the material taught in each course. 5.2.4The Administrator will examine the equivalent training records and make a comparison with the Delaware Mandatory Requirements. Any areas not meeting Delaware Standards will be required, prior to submission of the waiver application to Council for consideration 5.2.5If an applicant has completed an out-of-state Academy but was not employed as a police officer for 5 years immediately following graduation, that applicant must attend a Delaware has not worked full time in law enforcement during the five years immediately prior to the date of application, that Applicant must attend an approved Academy in its entirety. If the Council should determine that the out-of-state training was in the main, deficient, it may deny the waiver in its totality and require attendance at an approved Delaware police training academy. 5.2.6If an applicant, upon review of their training, needs to take more than 40% or 200 hours of the minimum number of hours of training in the state of Delaware, then they must attend a Delaware approved Academy in its entirety. 5.3Annual required training to maintain certification 5.3.1Each police officer, certified by the Council, will be required to complete 16 hours of in-service career related training annually. 5.3.2In addition to the above 16 hours, the officer must also recertify in C.P.R., AED, and First Responders recertification as noted in Section II-16 (Break in Continuity of Sections) 8.0Re-activation Requirements of Police Officers 8.1Inactive Status 8.1.1Whenever a police officer required to be certified by the Council on Police Training retires, resigns, or otherwise voluntarily or involuntarily leaves his or her employing law enforcement agency, the chief of the employing agency shall advise the Administrator of the separation in writing within five (5) business days of the separation and identify the circumstances of the separation. 8.1.2Upon receiving notice of a police officer’s separation from law enforcement employment, the Administrator shall place that individual on inactive status in which status he or she is not authorized to exercise the powers of a police officer until such time as he or she meets the requirements for re-activation. 8.1.3The Administrator may re-activate the individual’s certification upon written application from the individual that he or she has accepted another full-time police position with a law enforcement agency whose training is regulated by the COPT and provided that the individual is not the subject of a de-certification proceeding pursuant to 29 Delaware Code §8404(4) and the individual meets all other criteria for re-activation which the Council has adopted in Regulation 8.2 8.2Re-activation Requirements 8.2.1If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C. Section 8404(a)(5) prior to recommencing employment. 8.2.2If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following An officer must satisfy the following minumum standards: 8.2.2.1Medical background including: 8.2.2.1.1Medical history / physical examination form 8.2.2.1.2Physicians affidavit 8.2.2.1.3Weight chart 8.2.2.1.4Substance abuse screen 8.2.2.2The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties. 8.2.2.3Current criminal history record check, including fingerprints obtained from the State Bureau of Investigations. 8.2.2.4Background investigation. Standardized form (IV-14) which consists of a minimum checklist. 8.2.2.5All training requirements prescribed by the Council, including, but not limited to First Responder and Firearms recertification. 8.2.2.6Firearms training. 8.2.3If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must satisfy all minimum standards for initial employment established by the Council. These include, but are not limited to, the following An officer must satisfy the following minumum standards: 8.2.3.1Medical background including: 8.2.3.1.1Medical history / physical examination form 8.2.3.1.2Physicians affidavit 8.2.3.1.3Weight chart 8.2.3.1.4Substance abuse screen 8.2.3.2The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties. 8.2.3.3Current criminal history record check, including fingerprints obtained from the State Bureau of Investigation. 8.2.3.4Background investigation. Standardized form (IV-14) which consists of a minimum checklist. 8.2.3.5First Responder recertification 8.2.3.6Complete a Firearms basic certification course. 8.2.3.7Complete an academy basic criminal procedures, criminal law and traffic law course. 8.2.3.8Complete any other academic requirement imposed by the Delaware State Police, Director of Training, following a review of the individuals training records. 8.2.4If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Director of the Delaware State Police Training Division following a review of the individual’s training history and after approval by the Council. 11 DE Reg. 180 (08/01/07) (Break in Continuity of Sections) 11.0 Firearms Training 11.1Firearms training defined: Weapons training conducted at a facility and by an instructor certified to teach such subjects by the Council on Police Training. 11.2Duration and curriculum: The curriculum will include classroom lectures on use of force, safety, nomenclature, care of weapons, police combat tactics and marksmanship. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. The range officer of the involved training facility will attest to the qualifications of the respective officer. The officer must qualify with his departmental issued weapon. The officer must attain 75% 80% of the possible score. 11.3Depending on the number of persons being trained, and considering the amount of experience, or lack of experience the training population has with firearms, the training period will vary in time, but will consist of at least but not limited to 5 days. 11.4Non-Qualification: Should an officer initially fail to qualify, that person would be permitted one (1) additional opportunity to attain certification. Scheduling for the additional attempt will be conducted at the convenience of the firearms officer. Under no circumstances, will an officer be permitted to carry a firearm on duty unless certified as per the requirements of Section 8404 of the Council on Police Training. 11.5As authorized by 8404(a)(5): In order to retain certification, all police officers in the State of Delaware must receive recertification in firearms proficiency annually. The recertification must be conducted by a Council on Police Training certified firearms instructor. 11.6A minimum of three (3) re-qualification shoots per year, scheduled on at least two (2) separate days, with at least 90 days between scheduled shoots required. Of these three, there will be one (1) mandatory “low light” shoot. Simulation is permitted and it may be combined with a daylight shoot. 11.7Each training session shall consist of one minimum standards re-qualification course. An additional 50 rounds shall be fired for proficiency training. This is a total of 100 rounds per shoot as a minimum. 11.8The Chief of Police shall forward to the Administrator, documentation of annual firearms recertification for each officer under his/her command within 90 days of the anniversary date of initial firearms certification. (See Section IV. Forms) 11.9All training ammunition shall be comparable to issued service ammunition in performance specification. Service ammunition shall be collected annually and replaced with new. The collected ammunition may be used for training. All shooting is to be completed with authorized/issued weapons and equipment. 25.0 Substance Abuse Screen 25.1Requirements 25.1.1All applicants for police officers, who come under the requirements of the Mandatory Training Act (Title 11, Section 8401-8410) and as part of their pre-employment screening, will be required to submit to and successfully pass a pre-employment drug test. 25.1.2A random drug test will be conducted, by and at, the discretion of the Academy staff sometime during their mandatory training period. 25.1.3Urine tests will be conducted for the following: 25.1.3.1Amphetamines (speed, uppers, meth) 25.1.3.2Barbiturates (barbs, downers) 25.1.3.3Benzodiazepines (tranquilizers, valium) 25.1.3.4Cannabidiol (THC, pot, marijuana) 25.1.3.5Cocaine (crack, snow) 25.1.3.6Methaqualone (Quaaludes, ludes) 25.1.3.7Opiates (heroin, smack, morphine) 25.1.3.8Phencyclidine (PCP) 25.1.3.9Designer Drugs (Ecstacy) 25.1.3.10Steroids 25.2How Costs will be Absorbed 25.2.1Initial pre-employment test costs will be absorbed by the employing agency. 25.2.2Random test costs will be absorbed by the Council on Police Training. 25.3Testing Locations 25.3.1As approved by the Council or Administrator. 25.42Policy Procedures 25.42.1A positive test at the pre-employment stage will mean the applicant has not met minimum qualifications (requirements) as established by the Council on Police Training, under Title 11, Section 8404(a)(1), of the Delaware Code, therefore applicant would not be eligible for employment. 25.4.2A positive test during the training period will result in immediate dismissal from the participating academy and notification to the employing agency. 25.4.32.2A positive test will be considered valid when confirmed by a second test procedure performed on the original sample. 25.4.4Any additional disciplinary action will be the responsibility of the employing agency. 25.4.52.3If a particular drug listed above is included in a prescription that has been prescribed by a physician and the test results in a positive reading then the following will be applied. 25.4.52.3.1A formal letter will be obtained through the licensed physician that prescribed the drug, stating the reason(s) why that particular drug was prescribed. The physician must also state if the drug will affect someone from performing the duties of a police officer and if the particular person the medication is prescribed to is fit for duty. 26.0Electronic Control Device (ECD) Training 26.1Electronic Control Device defined: A weapon which uses propelled wires or fixed contact points to conduct energy to a subject, thereby affecting the sensory and motor nervous systems of the body. 26.2Electronic Control Device training: Training conducted by a certified instructor holding the qualifications to provide training related to the use and deployment of Electronic Control Devices. 26.3Duration and Curriculum: The curriculum will include classroom lectures on the use of force, safety, nomenclature, potential hazards, medical concerns, care of subjects following ECD activation, care of the ECD, and scenario based application. At a minimum, the following training requirements will be fulfilled before an officer may use or deploy an ECD: 26.3.1Complete a minimum of six (6) hours of instruction under the guidance of an instructor certified to provide instruction in the use and deployment of the specific ECD. 26.3.2Pass a written examination which tests the student’s knowledge regarding the use and deployment of the specific ECD with a score of 80% or higher. 26.3.3Pass a functional test and demonstrate ability to hit a target two (2) times within a ten (10) second time period from a distance of eight (8) to twelve (12) feet using a laser sight. A student who does not demonstrate this ability should participate in aiming drills and then be permitted another attempt to pass the functional test. 26.4Annual recertification is recommended by the Council, however, the decision to recertify and the frequency of recertification will be left to the discretion of the chief of each police department deploying an ECD. 10 DE Reg. 341 (08/01/06) 11 DE Reg. 176 (08/01/07) DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 28 Delaware Code, Section 1122 (28 Del.C. §1122) 10 DE Admin. Code 101, 103 and 104 101 Regulations Governing Bingo 3.0Bingo Licenses 3.1Upon receiving an application, the Board shall make an investigation of the merits of the application. The Board shall consider the impact of the approval of any license application on existing licensees within the applicant's geographical location prior to granting any new license. The Board may deny an application if it concludes that approval of the application would be detrimental to existing licensees. 3.2The Board may issue a license only after it determines that: 3.2.1The applicant is duly qualified to conduct games under the State Constitution, statutes, and regulations. 3.2.2The members of the applicant who intend to conduct the bingo games are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime involving moral turpitude. 3.2.3The bingo games are to be conducted in accordance with the provisions of the State Constitution, statutes, and regulations. 3.2.4The proceeds are to be disposed of as provided in the State Constitution and statutes. 3.2.5No salary, compensation or reward whatever will be paid or given to any member under whom the game is conducted. If the findings and determinations of the Board are to the effect that the application is approved, the Secretary shall execute a license for the applicant. 3.3The license shall be issued. The original thereof shall be transmitted to the applicant. 3.4If the findings and determinations of the Commission are to the effect that the application is denied, the Secretary shall so notify the applicant by certified mail of the reasons for denial, and shall refund any application fees submitted. 3.5In the event of a request for an amendment of a license, the request shall be promptly submitted to the Commission in writing, and shall contain the name of the licensee, license number, and a concise statement of the reasons for requested amendment. The Commission may grant or deny the request, in its discretion, and may require supporting proof from the licensee before making any determination. The Commission may require the payment of an additional license fee before granting the request. The licensee shall be notified of the Commission's action by appropriate communication, so that the licensee will not be unduly inconvenienced. 3.6No license shall be effective for a period of more t an one year from the date it was issued. 3.7No license shall be effective after the organization to which it was granted has become ineligible to conduct bingo under any provision of Article II, §17A of the Delaware Constitution. 3.8No license shall be effective after the voters in any District designated in Article II, §17A of the Constitution have decided against bingo in a referendum held pursuant to that section and subchapter II of the Bingo Statute. 3.9No bingo licensee licensed prior to July 14, 1998, shall conduct more than ten (10) bingo events in any calendar month and no bingo licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998) shall conduct more than one (1) bingo event per week. A bingo licensee who was licensed prior to July,14, 1998 whose license lapses for six (6) months or more due to non-renewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998). 3.10The license application shall contain a full and fair description of the prize and the appraised value of the prize. In lieu of submitting an appraisal, the applicant or licensee may submit the full retail value of the prize. In cases where the applicant or licensee purchases the prize from a third party, the Board may require that the applicant or licensee arrange for an independent appraisal of the value of the prize from a person licensed to render such appraisals, or if there is no person licensed to render such appraisals, from a person qualified to render such appraisals. 3.11When bingo is conducted in conjunction with a carnival, festival, or similar event scheduled for more than one day, the game may be played up to every night of the event and shall be considered a single event for purposes of the rule allowing one event per week for those licensed after July 10, 1998 or ten events per month for those licensed before July 10, 1998. 2 DE Reg. 1224 (1/1/99) 3 DE Reg. 1692 (6/1/00) 4 DE Reg. 334 (8/1/00) 13 DE Reg. 412 (09/01/09) 4.0Conduct of Bingo 4.1The officers of a licensee shall designate a bona fide, active member to be in charge of and primarily responsible for the conduct of the game of chance on each occasion. The member in charge shall supervise all activities on the occasions for which he is in charge and shall be responsible for the making of the required report thereof. The member in charge shall be familiar with the provisions of the Bingo Statute, and these rules and regulations. 4.2The room where any game is being held, operated, or conducted, or where it is intended that any game shall be held, operated, or conducted, or where it is intended that any equipment be used, shall at all times be open to inspection by the appropriate law enforcement officers and agents of the District in which the premises are situated, and to the Board and its agents and employees. Bingo games shall not be commenced prior to 1:30 p.m. and the operation of a function shall be limited to six hours. Instant bingo is permitted during any event sponsored by the organization that is licensed to conduct it, regardless of the day or time. 4.3No person under the age of eighteen (18) shall be permitted may participate in any bingo game, the prize for which is money. No person under the age of 18 shall be permitted to participate in any instant bingo game. No person under the age of sixteen (16) shall participate in any game of bingo nor shall such person conduct or assist in the conduct of the playing of any game of bingo, Persons between the ages of 16 through 18 may conduct or assist in conducting the bingo game and except that persons no younger than persons over the age of fourteen (14) may act as waiters and waitresses in the handling of food or drinks at an occasion on which a licensee conducts bingo. 4.4No organization licensed prior to enactment of 71 Del. Law 444 (July 14, 1998), may hold, operate, or conduct bingo more often than ten (10) days in any calendar month. No bingo licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998) shall conduct more than one bingo event per week. A bingo licensee licensed prior to the enactment of 71 Del. Laws 444 (July 14, 1998), whose license lapses for six (6) months or more due to nonrenewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998). 4.5The Board and its duly authorized agents and employees may examine the books and records of any licensee, so far as those books and records relate to any transaction connected with the holding, operating, and conducting of the game of bingo, and may examine any manager, officer, director, agent, member, employee, or assistant of the licensee under oath in relation to the conduct of the game of bingo. 4.6No prize in an amount or value greater than $250 shall be offered or given in any single game and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $1,250. All winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game is played. The value of any promotional giveaways, which shall be no more than $500 per annum to be distributed at an organizational anniversary date and no more than three (3) holiday dates per year, shall not be counted towards the dollar amounts described in this section. However, a licensee may offer inducements, including but not limited to cookie-jar bingo games that do not exceed $500 $1,000 per game per night, free refreshments, and free transportation of players to and from bingo events, to attract bingo players to the bingo event, provided that the fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event. 4.7Two or more organizations may not hold games of bingo at the same place on the same day. Unless a bingo licensee has been licensed prior to the enactment of 71 Del. Laws 444 (July 14, 1998), only one licensed organization may hold bingo games in a licensed organization's building during any given week. 4.8No alcoholic beverages shall be permitted in the room from the time the bingo hall opens until the conclusion of the last bingo game of the occasion. 4.9All games shall be conducted with equipment that is owned absolutely by the licensee or that is leased for fees not in excess of those allowable under the Schedule of Rental for leasing of equipment on file with the Board. Equipment shall include playing cards. If the licensee uses cards that are for more than one session of playing bingo, these cards should be identified as the property of the licensee. 4.10All winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game is played. 4.11When more than one player is found to be the winner on the call of the same number in the same game, the designated prize shall be divided equally as possible; and when division is not possible, substitute prizes, whose aggregate value shall not exceed that of the designated prize, shall be awarded; but such substitute prizes shall be of equal value to each other. 4.12The equipment used in the playing of bingo and the method of play shall be such that each card shall have an equal opportunity to be a winner. The objects drawn shall be essentially equal as to size, shape, weight, and balance, and as to all other characteristics that may control their selection, and all shall be present in the receptacle before each game is begun. All numbers shall be announced so as to be visible or audible to all players present. 4.13The particular arrangement of numbers required to be covered in order to win the game shall be clearly described and announced to the players immediately before each game is begun. 4.14No arrangement of numbers shall be required to be covered in order to win the game other than the following: 4.14.1one unspecified horizontal row; 4.14.2one unspecified vertical row; 4.14.3one unspecified full diagonal row; 4.14.4one unspecified row (horizontal, vertical, or diagonal); 4.14.5Two or more of the foregoing, forming a specified arrangement; 4.14.6The entire card; 4.14.7Four corners; 4.14.8Eight spaces surrounding the free space. 4.15Within the limits contained in 28 Del.C. §1132(b), alternate prizes may be offered depending upon the number of calls within which bingo is reached, provided the application for the bingo license and the license so specify. 4.16Any player shall be entitled to call for a verification of all numbers drawn at the time a winner is determined, and for a verification of the objects remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge on the occasion, but if such member is also the announcer, then in the immediate presence of an officer of the licensee. 4.17No licensee shall conduct more than forty (40) games on a single occasion. 4.18In the playing of bingo, no person who is not physically present in the room where the game is actually conducted shall be allowed to participate as a player in the game. 4.19Within the limits contained in 28 Del.C. §1132(6), the prizes offered may be varied depending upon the number of people who attend the occasion, provided the application for bingo license and license so specify. If a licensee avails itself of the provisions of this rule, it must announce at the beginning of each game the number of people present and the prizes to be awarded. 4.20The entire proceeds of the games of bingo must be used solely for the promotion or achievement of the purposes of the licensee. 4.21Any local rules adopted by the licensee that affect the conduct of the players or the awarding of prizes shall be prominently posted in at least four locations within the area where the bingo games are conducted. 4.22The licensee shall be permitted to reserve seats within the area where the bingo games are conducted to provide for the special needs of handicapped persons, and the licensee shall ensure that the remaining seats are made available to the players on an equal basis. 4.23A licensee may charge an admission fee to a game event in any room or area in which a game is to be conducted. The admission fee shall entitle the game player (a) to a card enabling the player to participate without additional charge in all regular games to be played under the license at the event, or (b) to free refreshments. The licensee may charge an additional fee to a game player for a single opportunity to participate in a special game to be played under license at the event. 4.24No person shall conduct or assist in conducting any game except an active member of the organization to which the license is issued. 4.25No item of expense shall be incurred or paid in connection with the conduct of the game except shall be incurred or paid in connection with the conduct of the game except such as are bona fide items of a reasonable amount for merchandise furnished or services rendered which are reasonably necessary for the conduct of the game. 2 DE Reg. 1224 (1/1/99) 2 DE Reg. 1761 (4/1/99) 12 DE Reg. 357 (09/01/08) 13 DE Reg. 107 (07/01/09) 13 DE Reg. 412 (09/01/09) 3.0Conduct of Games 3.1Workers. 3.1.1Member in Charge. Every Licensed Organization shall designate a bona fide, active member of the licensee to be in charge of and primarily responsible for each Function. The member-in-charge shall have been a member in good standing of the Sponsoring Organization for at least two (2) years. The member-in-charge shall supervise all activities and be responsible for the conduct of all games during the Function of which he is in charge, including the preparation of any financial reports required by law or these regulations. The member-in-charge or his qualified designee shall be present on the premises continually during the Function and shall be familiar with the provisions of these Regulations, and the terms of the license. 3.1.2List of Workers. A Sponsoring Organization conducting a Function shall prepare and have available on the premises a list of all persons taking part in the management or operation of the Function. Such list shall be maintained as part of the licensees records of the Function and shall be made available to any member or agent of the Board or law enforcement officer. 3.1.3Bona Fide Member. For the purposes of eligibility to participate in managing or otherwise assisting in the operation of a Function, a person is a bona fide member of the Sponsoring Organization only when he or she: 3.1.3.1Has become a member prior to the commencement of the Function and such membership was not dependent upon, or in any way related to the payment of consideration to participate in, any gambling activity; and, 3.1.3.2Has held full and regular membership status in the Sponsoring Organization for a period of not less than three (3) consecutive months prior to the subject Function; and, 3.1.3.3Has paid any reasonable initiation or admission fees for membership, and/or any dues, consistent with the nature and purpose of the Sponsoring Organization and with the type of membership obtained and is not in arrears in payment of any such fees or dues; and, 3.1.3.4Has met all other conditions required by the Sponsoring Organization for membership and in all respects is a member in good standing at the time of the subject Function; and, 3.1.3.5Has met all of the standards set out above respecting his or her own organization, and he or she is a bona fide member of a bona fide charitable or bona fide nonprofit organization affiliated with or auxiliary to his or her Sponsoring Organization, or to which his or her own Sponsoring Organization is auxiliary; and, 3.1.3.6Has met all of the standards set out above respecting his or her own organization, and this organization has prior to July 6, 1984, assisted the Sponsoring Organization to conduct charitable gambling; and, 3.1.3.7Has met all of the standards set out above respecting his or her own Sponsoring Organization, and this organization is assisting another similar Sponsoring Organization (i.e. fire company assisting another fire company; fraternal society assisting another fraternal society; charitable, religious or veterans organization assisting another charitable, religious, or veterans organization) to conduct charitable gambling. 3.1.4Identification Required. The member-in-charge and those assisting him in any capacity shall possess and display identification. 3.1.5Officer Responsible for Gross Receipts. The Sponsoring Organization shall duly designate an officer of said organization to be in full charge and primarily responsible for the proper accounting, use and disposition of all Gross Receipts. Such officer's name shall appear on the list required under §3.03(1)(b) and such officer shall be a person other than the person designated member-in- charge pursuant to §3.03(l)(a). 3.1.6Payment of Workers Prohibited. No unreasonable commission, salary, compensation, reward, recompense, reimbursement of expenses or gift or other consideration shall be paid directly or indirectly, to any person for conducting or assisting in the conduct of any Function. Organizations may contract with third party vendors to conduct or assist in conducting the Function, and may agree to pay reasonable compensation to the vendor. No tip, gratuity or gift or other consideration shall be given or accepted by any person conducting or assisting in the conduct of a Function either directly or indirectly, and one or more signs prohibiting tipping shall be or more signs prohibiting tipping shall be prominently displayed in each playing area. No person shall solicit or receive any gift or donation or other consideration directly or indirectly on the premises during the conduct of a Function. Nothing in this subsection prohibits any person from sharing food and beverages made available at the functions, or the collection of bar tips for the benefit of the Sponsoring Organization. 13 DE Reg. 107 (07/01/09) 6.0Operation of Games 6.1House Rules. Prior to conducting a Function, each Licensed Organization shall develop a set of house rules which will govern the type, scope and manner of all games to be conducted. Among other information, these rules shall establish the maximum amount of wagers consistent with these regulations which may be placed by persons participating in games. In addition, the rules shall prohibit the giving of anything of value to any person involved in the management or operation of the Function and prohibit anyone involved in the management or operation of the Function from accepting anything of value. A copy of the rules shall be posted conspicuously on the premises where the Function is being conducted at all times during the occasion, and a copy thereof shall be made available upon request, to any law enforcement officer or agent of the Board. The maximum wager and a no tipping sign shall be displayed at the location of each game, so as to be conspicuous to those persons participating in said games. The rules for the individual games should be available on the premises for review upon request. 6.2Monitoring of Poker Tables. An association which has obtained the proper license or permit to conduct poker shall assign one monitor during the playing of poker. 6.3In charitable gambling other than bingo and Texas Hold 'Em, there shall be no limit on the amount a person may bet or win, except that no person may lose more than $150 in a single day or event. This limit applies to the entire event approved to begin on a certain day. If an event continues past midnight, no new limit shall apply. Any person who has lost $150 during the event shall not be permitted to gamble again after midnight. 11 DE Reg. 516 (10/01/07) 12 DE Reg. 357 (09/01/08) 13 DE Reg. 107 (07/01/09) 1.0Reports After the Function 1.1Within 30 days of the last day of the function, the member-in-charge shall submit a report to the Board that includes all information required by 28 Del.C. §1140(a). 1.2When no function is held on a date a licensee is authorized to hold such a function, a report to that effect shall be filed with the Board. 1.3If a licensee fails to timely file a report or if a report is not properly verified, no further license shall be issued to the licensee and any existing license shall be suspended until such time as the deficiency has been corrected. 2.0Limitation of Texas Hold’em Tournaments 2.1The Board interprets the phrase “with each tournament by the sponsoring organization to be held at least 70 days apart” in 28 Del.C. §1827 to mean that no sponsoring organization may conduct a subsequent tournament less than 70 days from the date of their immediately prior tournament. 2.2A sponsoring organization and any auxiliary seeking to hold a tournament with the sponsoring organization's approval may hold up to a total of five tournaments per year. It is not permissible for a sponsoring organization to hold up to five tournaments and for an auxiliary to also hold up to five tournaments per year. 12 DE Reg. 357 (9/01/08) 13 DE Reg. 107 (07/01/09) DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 2006(a)(1) (24 Del.C. §2006(a)(1)) 24 DE Admin. Code 2000 2000 Board of Occupational Therapy Practice 1.0Supervision/consultation Requirements for Occupational Therapy Assistants 1.1“Occupational therapy assistant” shall mean a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. 24 Del.C. §2002(4). “Under the supervision of an occupational therapist” means the interactive process between the licensed occupational therapist and the occupational therapy assistant. It shall be more than a paper review or co-signature. The supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services rendered by the occupational therapy assistant. The phrase, “Under the supervision of an occupational therapist,” as used in the definition of occupational therapist assistant includes, but is not limited to the following requirements: 1.1.1Communicating to the occupational therapy assistant the results of patient/client evaluation and discussing the goals and program plan for the patient/client; 1.1.2In accordance with supervision level and applicable health care, educational, professional and institutional regulations, reevaluating the patient/client, reviewing the documentation, modifying the program plan if necessary and co-signing the plan. 1.1.3Case management; 1.1.4Determining program termination; 1.1.5Providing information, instruction and assistance as needed; 1.1.6Observing the occupational therapy assistant periodically; and 1.1.7Preparing on a regular basis, but at least annually, a written appraisal of the occupational therapy assistant’s performance and discussion of that appraisal with the assistant. The supervisor may assign to a competent occupational therapy assistant the administration of standardized tests, the performance of activities of daily living evaluations and other elements of patient/client evaluation and reevaluation that do not require the professional judgment and skill of an occupational therapist. 1.2Supervision for Occupational Therapy Assistants is defined as follows: 1.2.1Direct Supervision requires the supervising occupational therapist to be on the premises and immediately available to provide aid, direction, and instruction while treatment is performed in any setting including home care. Occupational therapy assistants with experience of less than one (1) full year are required to have direct supervision. 1.2.2Routine Supervision requires direct contact at least every two (2) weeks at the site of work, with interim supervision occurring by other methods, such as telephonic or written communication. 1.2.3General Supervision requires at least monthly direct contact, with supervision available as needed by other methods. 1.3Minimum supervision requirements: 1.3.1Occupational therapy assistants with experience of less than one (1) full year are required to have direct supervision. Occupational therapy assistants with experience greater than one (1) full year must be supervised under either direct, routine or general supervision based upon skill and experience in the field as determined by the supervising OT. 1.3.2Supervising occupational therapists must have at least one (1) year clinical experience after they have received permanent licensure. 1.3.3An occupational therapist may supervise up to three (3) occupational therapy assistants but never more than two (2) occupational therapy assistants who are under direct supervision at the same time on any given day. 1.3.4Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness. 1.3.5Effective July 1, 2009, the supervising occupational therapist shall submit to the Board a completed Verification of Occupational Therapy Assistant Supervision form upon the commencement of supervision. 1.3.6Effective July 1, 2009, the supervising occupational therapist shall immediately advise the Board in writing when he or she is no longer supervising an occupational therapy assistant and shall provide the Board with an updated Verification of Occupational Therapy Assistant Supervision form. 1.3.7 Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness. 1.3.8 The supervising occupational therapist, in collaboration with the occupational therapy assistant, shall maintain a written supervisory plan specifying the level of supervision and shall document the supervision of each occupational therapy assistant. Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness. This plan shall be reviewed at least every six months or more frequently as demands of service changes. 1.3.9A supervisor who is temporarily unable to provide supervision shall arrange for substitute supervision by an occupational therapist licensed by the Board with at least one (1) year of clinical experience, as defined above, to provide supervision as specified by Rule 1.0 of these rules and regulations. 2 DE Reg. 2040 (5/1/99) 12 DE Reg. 1232 (03/01/09) 2.0Licensure Procedures: 2.1To apply for an initial license, including relicensure after expiration, an applicant shall submit to the Board: 2.1.1A completed notarized application on the form approved by the Board; 2.1.2Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT; 2.1.2.1If the date of application for licensure is more than three years following the successful completion of the NBCOT exam, the applicant shall submit proof of twenty (20) hours of continuing education in the two years preceding the application in accordance with Rule 5.0 of these rules and regulations. 2.1.3Official transcript and proof of successful completion of field work submitted by the school directly to the Board office; 2.1.4Fee payable to the State of Delaware. 2.2To apply for a reciprocal license, in addition to the requirements listed in 24 Del.C. §2011, an applicant shall submit the following to the Board: 2.2.1A completed notarized application on the form approved by the Board; 2.2.2Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT; 2.2.3Letter of verification good standing from any state in which the applicant is or has been licensed (the applicants is are responsible for forwarding the blank verification form to all states where they are now or ever have been licensed); 2.2.4Fee payable to the State of Delaware. 2.3Only completed application forms will be accepted. Any information submitted to the Board is subject to verification. 2.34To apply for renewal, an applicant shall submit: 2.34.1A completed renewal application on the form approved by the Board. Beginning in 2006, lLicense renewal may be accomplished online at www.dpr.delaware.gov; 2.34.2Renewal fee payable to the State of Delaware. 2.4.3Evidence of completion of the required continuing education. 2.45To apply for inactive status: A licensee may, upon written request to the Board, have his/her license placed on inactive status if he/ she is not actively engaged in the practice of occupational therapy in the State. 2.56To apply for reactivation of an inactive license, a licensee shall submit: 2.56.1A letter requesting reactivation; 2.56.2A completed application for renewal 2.56.3Proof of continuing education attained within the past two years (20 contact hours). The twenty (20) hours must be in accordance with Rule 5.0 3.0 of these rules and regulations; 2.56.4Fee payable to the State of Delaware. 2.67To apply for reinstatement of an expired license, an applicant shall submit (within three (3) years of the expiration date): 2.67.1A completed application for renewal; 2.67.2Proof of continuing education attained within the past two years (20 contact hours). The twenty (20) hours must be in accordance with Rule 3.0 of these rules and regulations; 2.67.3Licensure and late fee payable to the State of Delaware. 6 DE Reg. 1331 (4/1/03) 9 DE Reg. 1768 (5/1/06) 11 DE Reg. 926 (01/01/08) 3.0Continuing Education 3.1Continuing Education Content Hours 3.1.1Continuing education (CE) is required for license renewal and shall be completed by July 31st of each renewal even numbered year. 3.1.1.1Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 3.0; 3.1.1.2Attestation may be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted; 3.1.1.3Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in 3.1.2. 3.1.2Random audits will be performed by the Board to ensure compliance with the CE requirement. 3.1.2.1The Board will notify licensees within sixty (60) days after July 31 of each biennial renewal period that they have been selected for audit. 3.1.2.2Licensees selected for random audit shall be required to submit verification within ten (10) business days of receipt of notification of selection for audit. 3.1.2.3Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 3.0, which may include, but is not limited to, the information noted for each type of CE as set forth in Rule 3.3. 3.1.2.4The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §2015(a)(5) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §2017. 3.1.3Contact hours shall be prorated for new licensees in accordance with the following schedule: 3.1.3.1*21 months up to and including 24 months remaining in the licensing cycle requires 20 hours 3.1.3.2*16 months up to an including 20 months remaining in the licensing cycle requires 15 hours 3.1.3.3*11 months up to and including 15 months remaining in the licensing cycle requires 10 hours 3.1.3.4*10 months or less remaining in the licensing cycle - exempt 3.2Definition of Acceptable Continuing Education Credits: 3.2.1Activities must be earned in two (2) or more of the six (6) seven (7) categories for continuing education beginning in section Rule 3.3. 3.3Continuing Education Content: 3.3.1Activities must be in a field of health and social services related to occupational therapy, must be related to a licensee’s current or anticipated roles and responsibilities in occupational therapy, and must directly or indirectly serve to protect the public by enhancing the licensee’s continuing competence. 3.3.2Approval will be at the discretion of the Board. A licensee or continuing education provider may request prior approval by the Board by submitting an outline of the activity at least six weeksbefore it is scheduled. The Board pre-approves continuing education activities sponsored or approved by AOTA or offered by AOTA-approved providers as long as the content is not within the exclusion in Rule 5.5.1 3.5.1.1 for courses covering documentation for reimbursement or other business matters. 4.0Competence to Administer Treatment Modalities Upon the request of the Board, or a member of the public, the licensee shall produce documentation demonstrating his or her competence to administer a particular treatment modality. Competence may be shown by documented professional education, such as continuing education, in-service training or accredited higher education programs. Determination of competence is at the discretion of the Board. 45.0Voluntary Treatment Option for Chemically Dependent or Impaired Professionals 45.1If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates. 45.2The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option. 45.3In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s). 45.4A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board. 45.5Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 4.8 of this section. 45.6The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions: 45.6.1Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress. 45.6.2Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice. 45.6.3Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program. 45.6.4Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option. 45.6.5Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice. 45.6.6Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option. 45.7The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue. 45.8The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety. 45.9If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program. 45.10Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate. 45.11Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter. 45.12Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed. 56.0Crimes substantially related to practice of occupational therapy 56.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the practice of occupational therapy in the State of Delaware without regard to the place of conviction: 56.1.1Unlawful harm to law enforcement or seeing eye dogs. 7 Del.C. §1717 56.1.2Aggravated menacing. 11 Del.C. §602(b) 56.1.3Reckless endangering. 11 Del.C. §604. 56.1.4Abuse of a pregnant female in the second degree. 11 Del.C. §605 56.1.5Abuse of a pregnant female in the first degree. 11 Del.C. §606 56.1.6Assault in the second degree. 11 Del.C. §612 56.1.7Assault in the first degree. 11 Del.C. §613 56.1.8Felony abuse of a sports official. 11 Del.C. §614 56.1.9Assault by abuse of neglect. 11 Del.C. §615 56.1.10Felony Terroristic threatening. 11 Del.C. §621 56.1.11Unlawful administering drugs. 11 Del.C. §625 56.1.12Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626 56.1.13Vehicular assault in the first degree. 11 Del.C. §629 56.1.14Criminally negligent homicide. 11 Del.C. §631 56.1.15Manslaughter. 11 Del.C. §632 56.1.16Murder by abuse or neglect in the second degree. 11 Del.C. §633 56.1.17Murder by abuse or neglect in the first degree. 11 Del.C. §634 56.1.18Murder in the second degree. 11 Del.C. §635 56.1.19Murder in the first degree. 11 Del.C. §636 56.1.20Sexual harassment. 11 Del.C. §763 56.1.21Unlawful sexual contact in the second degree. 11 Del.C. §768 56.1.22Unlawful sexual contact in the first degree. 11 Del.C. §769 56.1.23Rape in the fourth degree. 11 Del.C. §770 56.1.24Rape in the third degree. 11 Del.C. §771 56.1.25Rape in the second degree. 11 Del.C. §772 56.1.26Rape in the first degree. 11 Del.C. §773 56.1.27Sexual extortion. 11 Del.C. §776 56.1.28Bestiality. 11 Del.C. §777 56.1.29Continuous sexual abuse of a child. 11 Del.C. §778 56.1.30Dangerous crime against a child. 11 Del.C. §779 56.1.31Unlawful imprisonment in the first degree. 11 Del.C. §782 56.1.32Kidnapping in the second degree. 11 Del.C. §783 56.1.33Kidnapping in the first degree. 11 Del.C. §783A 56.1.34Acts constituting coercion. 11 Del.C. §791 56.1.35Burglary in the second degree. 11 Del.C. §825 56.1.36Burglary in the first degree. 11 Del.C. §826 56.1.37Robbery in the second degree. 11 Del.C. §831 56.1.38Robbery in the first degree. 11 Del.C. §832 56.1.39Carjacking in the second degree. 11 Del.C. §835 56.1.40Carjacking in the first degree. 11 Del.C. §836 56.1.41Extortion. 11 Del.C. §846 56.1.42Identity theft. 11 Del.C. §854 56.1.43Felony forgery. 11 Del.C. §861 56.1.44Falsifying business records. 11 Del.C. §871 56.1.45Felony unlawful use of a credit card. 11 Del.C. §903 56.1.46Insurance fraud. 11 Del.C. §913 56.1.47Health care fraud. 11 Del.C. §913A 56.1.48Dealing in children. 11 Del.C. §1100 56.1.49Endangering the welfare of a child. 11 Del.C. §1102 56.1.50Endangering the welfare of an incompetent person. 11 Del.C. §1105 56.1.51Unlawfully dealing with a child. 11 Del.C. §1106 56.1.52Sexual exploitation of a child. 11 Del.C. §1108 56.1.53Unlawful dealing in child pornography. 11 Del.C. §1109 56.1.54Possession of child pornography. 11 Del.C. §1111 56.1.55Sexual offenders; prohibitions from school zones. 11 Del.C. §1112 56.1.56Sexual solicitation of a child. 11 Del.C. §1112A 56.1.57Terroristic threatening of public officials or public servants. 11 Del.C. §1240 56.1.58Felony abetting the violation of driver’s license restrictions. 11 Del.C. §1249 56.1.59Felony offenses against law enforcement animals. 11 Del.C. §1250 56.1.60Felony hate crimes. 11 Del.C. §1304 56.1.61Felony stalking. 11 Del.C. §1312A 56.1.62Felony cruelty to animals. 11 Del.C. §1325 56.1.63Felony maintaining a dangerous animal. 11 Del.C. §1327(a) 56.1.64Felony violation of privacy. 11 Del.C. §1335(a) 56.1.65Adulteration. 11 Del.C. §1339 56.1.66Promoting prostitution in the second degree. 11 Del.C. §1352 56.1.67Promoting prostitution in the first degree. 11 Del.C. §1353 56.1.68Obscenity. 11 Del.C. §1361 56.1.69Carrying a concealed deadly weapon. 11 Del.C. §1442 56.1.70Felony unlawful dealing with a dangerous weapon. 11 Del.C. §1445(a) 56.1.71Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447 56.1.72Possession of a firearm during a commission of a felony. 11 Del.C. §1447A 56.1.73Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448 56.1.74Felony Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457 56.1.75Duty to report child abuse or neglect. 16 Del.C. §903 56.1.76Abuse, neglect, mistreatment or financial exploitation of residents or patients in a nursing or similar facility. 16 Del.C. §1136 56.1.77Felony falsification or destruction of records related to maintenance medical treatment. 16 Del.C. §2513 56.1.78Manufacture, delivery or possession with intent to deliver schedule I or II narcotic drugs. 16 Del.C. §4751 56.1.79Manufacture, delivery or possession with intent to deliver Schedule I, II, III, IV, or V non-narcotic drugs. 16 Del.C. §4752 56.1.80Unlawful delivery or noncontrolled substances. 16 Del.C. §4752A. 56.1.81Possession, consumption, or use of controlled substances. 16 Del.C. §4753. 56.1.82Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A 56.1.83Possession, consumption, or use of non-narcotic controlled substances classified in Schedule I, II, III, IV, or V. 16 Del.C. § 4754 56.1.84Crimes related to controlled substances. 16 Del.C. §4756 56.1.85Distribution of controlled substances to persons under 21 years of age. 16 Del.C. §4761 56.1.86Distribution, delivery or possession of a controlled substance within 1,000 feet of school property. 16 Del.C. §4767 56.1.87Distribution, delivery or possession of a controlled substance within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. §4768 56.1.88Felony obtaining benefit under false representation. 31 Del.C. §1003 56.1.89Felony falsification of reports, statements, or documents. 31 Del.C. §1004 56.1.90Kickback schemes and solicitation. 31 Del.C. §1005 56.1.91Conversion of benefit payment. 31 Del.C. §1006 56.1.92Intentional abuse, neglect, mistreatment, or exploitation of an infirm adult. 31 Del.C. §3913 56.2Crimes substantially related to the practice of occupational therapy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. 8 DE Reg. 1449 (04/01/05) 9 DE Reg. 587 (10/01/05) 12 DE Reg. 1232 (03/01/09) PUBLIC SERVICE COMMISSION Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a)) 26 DE Admin. Code 3001 Public Service Commission 861 Silver Lake Boulevard Cannon Building Suite 100 Dover, Delaware, 19904 Attn: Reg. Dckt. No. 49 3001 Regulations Governing Service Supplied by Electrical Corporations 1.0Definitions “Affiliated Interest” means: 1.Any person or entity who owns directly, indirectly or through a chain of successive ownership, 10% or more of the voting securities of the Applicant; 2.Any person or entity, 10% or more of whose voting securities are owned, directly or indirectly, by an affiliated interest as defined in 1 above; or 3.Any person or entity, 10% or more of whose voting securities are owned, directly or indirectly, by the Applicant. "Aggregator" means any person or entity who contracts with an electric distribution company, electric supplier or PJM Interconnection (or its successor) to provide energy services, which facilitate battery storage systems for Grid-Integrated Electric Vehicles and related technologies. “Ancillary Services” means those services that are necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the system. "Annualized Billing Period" - a period of 12 consecutive monthly billing periods. A Customer's first Annualized Billing Period begins on the first day of the first full monthly billing period after which the Customer-Generator Facility is interconnected with the EDC and is generating electricity. A customer may elect to change the end of the Annualized Billing Period one time in order to better utilize excess generation. “Applicant” means an entity or person seeking to obtain an Electric Supplier Certificate. “Broker” means an entity or person that acts as an agent or intermediary in the sale or purchase of, but that does not take title to, electricity for sale to Retail Electric Customers. “Commission” means the Delaware Public Service Commission “Cramming” means the practice of charging Customers for services that they have not ordered or have been sold in a deceptive manner such that the customer is not reasonably aware of the nature or price of the service for which he or she is being charged. "Customer" or "Retail Electric Customer" - a purchaser of electricity for ultimate consumption and not for resale in Delaware, including the owner/operator of any building or facility, but not the occupants thereof, who purchases and supplies electricity to the occupants of such building or facility. "Customer-Generator Facility" means equipment used by a Customer to generate, manage, and monitor electricity. A Customer-Generator Facility, which typically includes an electric generator and/or an equipment package, shall: “Delaware Electric Cooperative, Inc.” or “Cooperative” or “DEC” or its successor(s). “Delmarva Power & Light Company” or “Delmarva” or “DP&L” or its successor(s). “Distribution Services” means those services, including metering, relating to the delivery of electricity to a Retail Electric Customer through Distribution Facilities. “Distribution Facilities” means electric facilities located in Delaware that are owned by a public utility that operate at voltages of 34,500 volts or below and that are used to deliver electricity to Retail Electric Customers, up through and including the point of physical connection with electric facilities owned by the Retail Electric Customer. “Electric Distribution Company” or “EDC” means a public utility owning and/or operating Transmission and/or Distribution Facilities in Delaware. “Electric Supplier” means an entity or person certified by the Commission, including municipal corporations which choose to provide electricity outside their municipal limits (except to the extent provided prior to February 1, 1999), Broker, Marketer or other entity (including public utilities and their affiliates, e.g., Delmarva), that sells electricity to Retail Electric Customers, utilizing the Transmission and Distribution Facilities of an Electric Distribution Company. “Electric Supplier Certificate” or “ESC” means a certificate granted by the Commission to Electric Suppliers that have fulfilled the Commission’s certification requirements. “Electric Supply Service” means the provision of electricity or electric generation service. “Eligible Energy Resources” means the following energy sources located within the PJM region or imported into the PJM region and tracked through the PJM Market Settlement System: “FERC” means the Federal Energy Regulatory Commission. “GATS” means the Generation Attribute Tracking System developed by PJM-Environmental Information Services, Inc. (PJM-EIS). “Generation Attribute” means a non-price characteristic of the electrical energy output of a Generation Unit including, but not limited to, the Unit’s fuel type, geographic location, emissions, vintage, and RPS eligibility. “Generation Unit” means a facility that converts a fuel or an energy resource into electric energy. "Grid-Integrated Electric Vehicle" means a battery-run motor vehicle that has the ability for two-way power flow between the vehicle and the electric grid and the communications hardware and software that allow for the external control of battery charging and discharging by an electric distribution company, electric supplier, PJM Interconnection, or an aggregator. “Marketer” means an entity or person that purchases and takes title to electricity for sale to Retail Electric customers. "Net Metering" (or "Net Energy Metering") means a service to a Customer whereby electric energy generated by the Customer, through a Customer-Generator Facility and delivered to the local distribution facilities of an Electric Supplier, may be used to offset electric energy provided by the Electric Supplier to the Customer. “PJM Interconnection, LLC” or “PJM” means the Regional Transmission Organization (“RTO”) that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization. “Residential Customer” means a Retail Electric Customer eligible to take Residential services under the Delmarva Power or the Delaware Electric Cooperative’s tariff, currently on file with the Commission. “Renewable Energy Credit” or “REC” means a tradable instrument comprised of all the Generation Attributes equal to 1 megawatt-hour of electricity derived from Eligible Energy Resources and that is used to track and verify compliance with the provisions of Delaware Public Service Commission Regulation Docket No. 56. A REC does not include emission reduction credits and/or allowances encumbered or used by a Generation Unit for compliance with local, state.or federal operating and/or air quality permits associated with the 1 megawatt-hour of electricity. “Renewable Energy Portfolio Standard” or “RPS” refers to the Rules and Procedures to Implement the Renewable Energy Portfolio Standard, Delaware Public Service Commission Regulation Docket No. 56. “Slamming” means the unauthorized enrollment of a customer without the customer’s permission or the unauthorized transfer of a customer to another Electric Supplier. “Small Commercial Customer” means a Retail Electric Customer taking service under DP&L’s tariff, currently on file with the Commission, Service Classification “Small General Service-Non Demand Rate” or the Cooperative’s tariff, currently on file with the Commission, Service Classification “General Service.” However, for the purposes of these Rules, any Small Commercial Customer who has joined with an affiliated non-Small Commercial Customer or a non-Residential Customer for the purpose of contracting for Electric Supply Service shall be exempt from the definition of a Small Commercial Customer. “Standard Offer Service” or “SOS” means the provision of Electric Supply Service after the Transition Period by a Standard Offer Service Supplier to Customers who do not otherwise receive Electric Supply Service from an Electric Supplier. “Standard Offer Service Supplier” or “SOSS” means an Electric Supplier that provides Standard Offer Service to Customers within an Electric Distribution Company’s service territory after the Transition Period. “State” means The State of Delaware. “Telemarketing” means any unsolicited telephone calls initiated by, or on behalf of, an Electric Supplier to a Customer in order to market Electric Supply Service. “Transition Period” means the period of time described in 26 Del.C. §1004, which: begins October 1, 1999 and ends May 1, 2006 for Delmarva’s customers; and begins April 1, 2000 and ends March 31, 2005 for all Cooperative customers. “Transmission Facilities” means electric facilities located in Delaware and owned by a public utility that operate at voltages above 34,500 volts and that are used to transmit and deliver electricity to Customers (including any Customers taking electric service under interruptible rate schedules as of December 31, 1998) up through and including the point of physical connection with electric facilities owned by the Customer. “Transmission Services” means the delivery of electricity from supply sources through Transmission Facilities. 8.0Net Energy Metering 8.1Definitions The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Annualized Period" means a period of 12 consecutive monthly billing periods ending at the discretion of the Customer, either December 31st or July 31st of each year or the nearest billing cycle. A Customer-generator's first Annualized Period begins on the first day of the first full monthly billing period after which the Customer-generator's facility is interconnected and is generating electricity. "Avoided Cost of Wholesale Power" means the annual average locational marginal price (“LMP”) of energy in the applicable energy supplier’s transmission zone. This cost (including the method of calculation) can be obtained through the Electric Supplier’s tariff as approved by the Commission. "Customer-generator" means a residential, commercial, or industrial Customer that generates electricity on the Customer's side of the meter. “Customer-generator Facility” means the equipment used by a Customer-generator to generate, manage, and monitor electricity. A Customer-generator facility typically includes an electric generator and/or an equipment package, as defined herein (also referred to as the “generating facility” or “generator”). “NEG” means Net Excess Generation. "Net Metering" means a system of metering electricity in which the Electric Supplier credits a Customer- generator at the full applicable retail rate by classification for each kilowatt-hour produced by a renewable energy system installed on the Customer-generator’s side of the electric revenue meter, up to the total amount of electricity used by that Customer during an Annualized Period. At the end of the Annualized Period, any remaining credits are to be credited to the Green Energy Fund at a rate equal to the Electric Supplier’s Avoided Cost of Wholesale Power. 8.21General Provisions 8.1.1Each Electric Supplier providing Electric Supply Service to Residential and Non Residential Customers shall offer these Retail Electric Customers the option of net energy metering Net Metering if a Retail Electric Customer generates electricity at the Customer’s premises, subject to all of the following requirements: 8.21.1The Retail Electric Customer owns or and operates the electric generation facility; with a capacity that: 8.2.1.21.1Will not exceed 25 kW per DP&L meter for Rresidential Customers; 8.1.1.2.1.3Will not exceed 2 MW per DP&L meter for Nnon Rresidential Customers; 8.1.1.3Will not exceed 100 kW per DP&L meter for farm customers, as those customers are described in Title 3, section 902(3); provided, however, that the Delaware Energy Office may grant exceptions to this limitation in accordance with Title 26, section 1014(d)(1)b; 8.21.1.4Is intended primarily to offset all or part of the Customer's own electricity requirements; 8.21.1.5Uses as its primary source of fuel: solar, wind, hydro, a fuel cell powered by renewable fuels, or gas from the anaerobic digestion of organic material; 8.21.1.6Is interconnected and operated in parallel with an Electric Supplier’s transmission and distribution facilities; and 8.21.1.7Is not used by the Retail Electric Customer to supply electricity to property other than the Customer’s premises. 8.32Net metering is the interconnection with Distribution Facilities shall be accomplished through a single meter at the Electric sSupplier’s expense, that runs forward and backward in order to measure net energy flow during a billing period. 8.32.1An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the net-metering Customer, at the expense of the Electric Supplier, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the Customer pursuant to Sections 8.3 and/or 8.4 of this Rule, or to collect system performance information on the eligible technology for research purposes. 8.32.2Where a larger capacity meter is required to serve the Customer, or a larger capacity meter is requested by the Customer, the Customer shall pay the Electric Supplier the difference between the larger capacity meter investment and the metering investment normally provided under the Customer's service classification. If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter. 8.2.3If the existing electrical meter of a Customer is incapable of measuring the flow of electricity in two directions through no fault of the customer, the Electric Supplier shall be responsible for all expenses involved in purchasing and installing such a meter. 8.43If, during any billing period, a Retail Electric Customer’s facility generates Customer-Generator Facility produces more energy than that consumed by the Customer, the Electric Supplier will credit the Customer in kilowatt-hours (kWh’s), valued at an amount per kilowatt-hour: (1) kWh equal to the sum of delivery service charges and supply service charges for Rresidential Customers but does not include the monthly Customer charge; and (2) the sum of the volumetric energy (kWh) components of the delivery service charges and supply service charges for non Rresidential Customers for any excess production of their generating facility that exceeds the Customer's on-site consumption of kWh in a billing period. 8.43.1Excess kWh credits shall be credited to subsequent billing periods to offset a Customer's consumption in those billing periods until all credits are used or until the end of the annualized billing period. 8.4.2Any unused credits at the end of the 12-month period shall be forfeited to the Electric Supplier at the Electric Supplier’s Avoided Cost of Wholesale Power for use solely to augment existing funding for the Green Energy Fund. 8.3.2At the end of the Annualized Billing Period, a Customer may request a payment from the Electric Supplier for any excess kWh credits. The payment shall be calculated by multiplying the excess kWh credits by the Customer's Supply Service Charges based on a weighted average of the first block of the summer (June through September) and winter Supply Service Charges (October through May) in effect at the end of the Customer's Annualized Billing Period and the preceding 11 billing periods, excluding non-volumetric charges, such as the transmission capacity charge and/or demand charges. If such payment would be less than $25.00, the Electric Supplier may credit the Customer's account through monthly billing. 8.43.3Any excess kWh credits shall not reduce any fixed monthly Customer charges imposed by the Electric Supplier. 8.43.4The Customer-generator shall retains ownership of Renewable Energy Credits (“REC”) RECsassociated with electric energy produced and consumed by the Customer-generator. The RECs associated with NEG convey to the purchasing Electric Supplier. 8.43.5Electric Suppliers shall provide net-metered Customers electric service at non-discriminatory rates that are identical, with respect to rate structure and monthly charges, to the rates that a Customer who is not nNet-mMetering would be charged. Electric Suppliers shall not charge a nNet- mMetering Customer any stand-by fees or similar charges. 8.43.6If a nNet mMetering Customer terminates its service with the electric provider (or switches electric providers), the electric provider Electric Distribution Company or changes Electric Supplier, the Electric Supplier terminating service shall treat the end of service period as if it were the end of the Annualized Billing Period for any excess kWh credits at the electric provider’s Avoided Cost of Wholesale Power. 8.43.7If the total generating capacity of all Customer-generation using net metering systems served by an electric utility exceeds 1 percent (15%) of the capacity necessary to meet the electric utility'sElectric Supplier’s aggregated Customer monthly peak demand for a particular calendar year, the electric utility Electric Supplier may elect not to provide nNet mMetering services to any additional Customers-generators. 8.54Any requirements necessary to permit interconnected operations between the Retail Electric Customer’s generating facility Customer-Generator Facility and the Electric Supplier, and the costs associated with such requirements, shall be dealt with in a manner consistent with a standard tariff filed with the Commission by the Electric Supplier. An Electric Supplier's interconnection rules shall be developed by using the Interstate Renewable Energy Council's (“IREC”) Model Interconnection Rules and best practices identified by the U.S. Department of Energy. 8.65Each Electric Supplier shall submit an annual net-metering report to the Commission 90 days after the annualized billing period. The end of the calendar year. Such report shall include the following information from the prior compliance previous calendar year: 8.65.1The total number of Customer-gGenerator fFacilities; 8.65.2The total estimated rated generating capacity of its net-metered Customer-generators; 8.65.3The total estimated net kilowatt-hours received from Customer-generators; and 8.65.4The total estimated amount of energy produced by Customer-generators, using a methodology approved by the Commission. 8.76The Commission shall periodically review the impact of net-metering rules in this section and recommend changes or adjustments necessary for the economic health of utilities. 8.7A retail electric customer having on its premises one or more grid Grid-Integrated Electric Vehicles shall be credited in kilowatt-hours (kWh) for energy discharged to the grid from the Grid-Integrated Electric Vehicle's battery at the same kWh rate that customer pays to charge the battery from the grid, as determined in Section 8.3 of this Rule. Excess kWh credits shall be handled in the same manner as Net Metering as described in Section 8.3 of this Rule. To qualify under this section of the Rule, the Grid-Integrated Electric Vehicle must meet the requirements in Sections 8.1.1.1., 8.1.1.2, and 8.1.1.6 of this Rule. Connection and metering of Grid-Integrated Electric Vehicles shall be subject to the rules and regulations found in Sections 8.3, 8.4, and 8.5 of this Rule. 8.8The Commission may adopt tariffs for regulated electric utilities that are not inconsistent with Section 8.7 of this Rule. Such tariffs may include rate and credit structures that vary from those set forth in Section 8.7 of this Rule, as long as alternative rate and credit structures are not inconsistent with the development of Grid-Integrated Electric Vehicles. 12 DE Reg. 518 (10/01/08) http://regulations.delaware.gov/register/november2009/proposed/13 DE Reg 614 11-01-09.htm PUBLIC SERVICE COMMISSION Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a)) 26 DE Admin. Code 3008 Public Service Commission 861 Silver Lake Boulevard Cannon Building, Suite 100 Dover, Delaware, 19904 Attn: Reg. Dckt. No. 56 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standard (Opened August 23, 2005) 1.0Definitions 1.1The following words and terms, when used in this Regulation, should have the following meanings unless the context clearly indicates otherwise: "Sustainable Energy Utility" ("SEU") is the nonprofit entity according to the provisions of 29 Del. C. § 8059 that develops and coordinates programs for energy end-users in Delaware for the purpose of promoting the sustainable use of energy in Delaware. 3.0Administration of RPS (Break in Continuity Within Section) 3.3Verification of Compliance with the RPS 3.3.1Within 120 days of the end of a compliance year, each Retail Electricity Supplier who has made sales to an End-use Customer in the State of Delaware must submit a completed Retail Electricity Supplier's Verification of Compliance with the Delaware Renewable Energy Portfolio Standard Report (Report) which includes, but is not limited to, evidence of the specified number of SRECs and RECs required for that Compliance Year according to Schedule 1 or Schedule 2 and the Total Retail Sales of each Retail Electricity Product. 3.3.2SRECs or RECs must have been created by PJM-EIS's GATS, or its successor at law or pursuant to Section 3.1.6.1 of this Regulation. 3.3.3SRECs or RECs, submitted for compliance with this Regulation, may be dated no earlier than three (3) years prior to the beginning of the current Compliance Year. 3.3.4The three (3) year period referred to in 3.3.3 shall be tolled during any period that a renewable energy credit or solar renewable energy credit is held by the SEU as defined in 29 Del.C. § 8059. 3.3.45In lieu of standard means of compliance with the RPS, any Retail Electricity Supplier may pay into the Fund a SACP or ACP pursuant to the provisions of 26 Del.C. §358 or as determined by the State Energy Coordinator of the Delaware Energy Office consistent with 26 Del.C. §354 (a). 3.3.56The Commission Staff shall notify any Retail Electricity Supplier of any compliance deficiencies within 165 days of the close of the current Compliance Year. If the Retail Electricity Supplier is found to be deficient by the Commission Staff, the Retail Electricity Supplier shall be required to pay the appropriate ACP or SACP, according to Section 3.3.4 of this Regulation. All such payments shall be due within 30 days of notification by the Commission Staff. Upon receipt of payment, the Retail Electricity Supplier shall be found to be in compliance for that given year. 3.3.67All compliance payments, made by the Retail Electricity Supplier, shall be payable to the Delaware Green Energy Fund and sent to the Commission. 11 DE Reg. 1670 (06/01/08) 12 DE Reg. 1110 (02/01/09) DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND POLICY Statutory Authority: 17 Delaware Code Sections 131, 146 and 508; Chapters 1 and 5 (17 Del.C. §§131, 146, 508) 2 DE Admin. Code 2309 Theodore Bishop, Assistant Director of Planning Delaware Department of Transportation PO Box 778 Dover, DE 19903 (302) 760-2122 (telephone) (302) 739-2251 (fax) theodore.bishop@state.de.us 2309 Standards and Regulations for Subdivision Streets and State Highway Access 2.2.5 2.3.2 2.5.1 2.9.11.6 3.4.1.1 DELAWARE STATE FIRE PREVENTION COMMISSION Statutory Authority: 16 Delaware Code, Section 6603 (16 Del.C. §6603) 1 DE Admin. Code 700 1.0General 1.1Scope 1.1.1This Chapter implements regulations for the Reduced Ignition Propensity Cigarettes Law under 16 Del. C. Ch. 71A. Reduced Ignition Propensity Cigarettes. 1.2Purpose 1.2.1The purpose of this regulation is to promulgate regulations as necessary to implement and administer 16 Del. C. Ch. 71A Reduced Ignition Propensity Cigarettes, and; 1.2.2To promulgate regulations to conduct random inspections of wholesale dealers, agents, and retail dealers to ensure that only cigarettes complying with 16 Del. C. Ch. 71A are sold in the State. 1.3Application 1.3.1This regulation shall apply to those operating in the State of Delaware in manufacturing, wholesaling, and/or retail sales of cigarettes. 1.3.2This regulation does not apply to cigarettes purchased outside of the State of Delaware that are not offered for sale in the State. 2.0Definitions 2.1The definitions found in this Chapter shall be in addition to the definitions found in other sections of these Regulations and shall be inclusive for this Chapter only. “Agent” Any person authorized by the State to purchase and affix tax stamps on packages of cigarettes. “Cigarette” “Manufacturer” “Quality Control” and “Quality Assurance Program” The laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in 16 Del. C.§ 7117(a)(6) for all test trials used to certify cigarettes in accordance with this Regulation and 16 Del. C. Ch. 71A. “Repeatability” The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. “Retail Dealer” Any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products. “Sale” In addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. “Sell” To sell or to offer or agree to do the same. “State Fire Marshal” The Delaware State Fire Marshal or the State Fire Marshal's deputies. “Wholesale Dealer” Any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. 3.0Fundamental Requirements 3.1Every cigarette brand style sold in the State of Delaware must comply with the Reduced Ignition Propensity Cigarettes law under 16 Del. C. Ch. 71A. 3.2Every cigarette offered for sale in the State of Delaware must exhibit package markings indicating that the cigarette has been tested and certified under the requirements of the Reduced Ignition Propensity Cigarettes Law. (16 Del. C. Ch. 71A) 3.3Every cigarette brand style must be certified by the State Fire Marshal prior to being offered for sale in Delaware. 3.3.1Every cigarette brand style must be recertified by the State Fire Marshal every three years from the last date that the cigarette brand style was approved. 4.0Testing Method and Performance Standard 4.1Cigarettes offered for sale in the State must comply with the testing method and performance standard defined in 16 Del. C. §7117. 4.1.1No cigarette may be sold or offered for sale in this State or offered for sale or sold to persons located in this State unless such cigarettes have been tested in accordance with the test method and meet performance standard specified in 16 Del. C. §7117. 4.2The Office of the State Fire Marshal will certify and register cigarette brand styles that are permitted to be sold or offered for sale in the State of Delaware after reviewing and approving the cigarette manufacturer's submission as outlined in 16 Del. C. §7118. 4.3The Office of the State Fire Marshal will maintain a directory of cigarette brand styles that are permitted to be sold or offered for sale in the State. 5.0Package Markings 5.1All packages containing reduced ignition propensity cigarettes shall be marked indicating that the cigarettes have been certified by the manufacturer in compliance of 16 Del. C. Ch. 71A. 5.1.1Prior to certification of any cigarette, a manufacturer shall present its proposed marking to the State Fire Marshal for approval. 5.1.2Upon receipt of the request, the State Fire Marshal or State Fire Marshal designee shall approve or disapprove the marking offered. 5.2Manufacturers requesting their markings to be approved must submit an exemplar to the Office of the State Fire Marshal for each brand style. 6.0Enforcement 6.1The Office of the State Fire Marshal is responsible to administer and manage the Reduced Ignition Propensity Cigarettes Program. 6.2Enforcement of the Reduced Ignition Propensity Cigarettes program will be coordinated through the Office of the State Fire Marshal. 7.0Penalties 7.1The State Fire Marshal shall assess all civil penalties as outlined in 16 Del. C. Ch. 71A. 7.2All civil penalties will be paid within 30 days of assessment. 8.0Inspections 8.1The Office of the State Fire Marshal will conduct random inspections of wholesale and retail businesses engaged in the selling of cigarettes in the State of Delaware to ensure compliance with this Chapter. 8.2Random selections of cigarettes in random locations throughout the State that sell or offer for sale cigarettes will be purchased and sent to a third party independent testing facility selected by the State Fire Marshal. 8.2.1A total of 80 specific cigarettes from one cigarette brand style will be collected from various locations in the State selling or offering for sale that specific cigarette brand style. 8.2.2A total of 40 specific cigarettes from one cigarette brand style will be tested by an independent accredited testing facility selected by the State Fire Marshal. 8.2.3The remaining 40 specific cigarettes from one cigarette brand style will be held with the Office of the State Fire Marshal. 8.3Any cigarette brand style that fails the compliance test will be retested from the remaining 40 specific cigarettes being held by the Office of the State Fire Marshal. 8.3.1The manufacturer shall be notified by the Office of the State Fire Marshal of the initial compliance test failure. 8.4Any cigarette brand style that fails the second confirmation test will be decertified by the Office of the State Fire Marshal. 8.4.1The manufacturer shall be notified by the Office of the State Fire Marshal of the second failed test. The manufacturer will have no less than or no more than thirty calendar days to appeal the test results from the second test only. The manufacturer may not appeal the results of the first test. 8.4.2The State Fire Marshal shall seek an injunction from the Attorney General's office for the removal of the decertified cigarette brand style from retail businesses selling or offering for sale the noncompliant cigarette brand style. 8.5The Office of the State Fire Marshal will confiscate all noncompliant cigarettes being sold or offered for sale in the State. 9.0Certification Renewal 9.1Every cigarette brand style must be certified by the State Fire Marshal every three years after the initial certification date on file with the Office of the State Fire Marshal. 9.2Certification tests conducted by the manufacturer or manufacturer's representative must have been successfully completed no more than one year prior to the certification renewal date of the specific cigarette brand style. 9.2.1Certification test data will not be accepted if the test completion date is greater than one year. 9.3A registration fee of $250 USD is required for each cigarette brand style certification. 9.3.1Only domestic checks or money orders made payable to the State of Delaware will be accepted. 10.0Statute 10.1No regulation promulgated in this Chapter is intended to supersede the requirements of 16 Del.C. Ch. 71A.] DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 260 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 705 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States 1.0Leave for Training or Special Duty 1.1Any permanent and full time employee shall be excused from work with pay to attend training camp or special duty on orders as a member of the military reserves of the United States or the National Guard, not to exceed fifteen (15) days or the equivalent hours as required by the Delaware Code, on a prorated basis in any calendar year. 1.1.1Such training or special duty leave shall not be deducted from their annual leave or in any other way result in loss of privileges or compensation to said employee. 1.1.2Any permanent or full time employee shall file a request for military leave with their employer at least two weeks prior to their leave, along with a copy of their official orders. (Non regulatory Note: See 29 Del.C. §5105 Leave of Absence for Military Service, Pension Right; Terms of Successor Appointees and 14 Del.C. §1327 Leave of Absence for Person in Military Service) 3 DE Reg. 631 (11/1/99) 8 DE Reg. 700 (11/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 706 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces of the United States 1.0Credit for Experience 1.1Credit for Experience for full time active duty service, not in excess of six (6) years in the armed services of the United States, shall be granted provided the individual became a teacher, principal, superintendent, or other employee in a Delaware public school: 1.1.1Within five (5) years after completion of a tour of duty; or 1.1.2Within five (5) years after completion of a course of professional or vocational training, if such course was begun within five (5) years after completion of the individual’s tour of duty. 2.0Instruction Any instruction in Military Science given during years of enlistment shall be included in the six (6) years in the armed services of the United States. 3.0Calculation of Service Time 3.1Credit for service in the armed forces of the United States shall be calculated as follows: 3.1.1One year of experience shall be allowed for each creditable year of full time active duty service. 3.1.2In the case of a teacher, principal, superintendent or other administrative employee a combined total of ninety one (91) days of service and employment in any of these positions during any one school year will count as a year of experience. 3.1.3No more than one (1) year of experience may be credited for any one (1) calendar year. (Non regulatory Note: See 14 Del.C. §1312(a) and §1327 Leave of Absence for Persons in Military Service). 3 DE Reg. 631 (11/1/99) 8 DE Reg. 701 (11/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 718 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs 1.0Required Physician’s Certification At initial employment, all employees of school districts, charter schools and alternative programs shall provide a physician's certification that he or she is free (a) from any medical condition which would prevent the applicant from performing the essential functions of the applicant’s job and (b) free from any medical condition which cannot be remedied through reasonable accommodations. The physician’s certification, along with any other medical information, shall be retained in an individual's file kept in accordance with any Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirement and separate from the individual’s personnel file. Non regulatory note: See 14 Admin. Code 805 The School Health Tuberculosis Control Program for TB screening and testing. Also, see 21 Del.C. §2708 and 14 DE Admin. Code 1105 for requirements for school bus drivers. 3 DE Reg. 526 (10/1/99) 8 DE Reg. 702 (11/1/04) PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1507 Alternative Routes to Teacher Licensure and Certification Program 1.0Content This regulation shall apply to the Alternative Routes for Teacher Licensure and Certification Program, pursuant to 14 Del.C. §§1260 through 1264. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Coherent Major” means a major in an area appropriate to the instructional field. “Department” means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under Chapter 12 of 14 Del.C. 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., but For purposes of 14 Del.C. Chapter 12, the, term 'educator' does not include substitute teachers. "Emergency Certificate" means a certificate issued to an educator who holds a valid Delaware Initial, Continuing, or Advanced License, but lacks necessary skills and knowledge to meet certification requirements in a specific content area a temporary credential issued pursuant to 14 DE Admin. Code 1506 Emergency Certificate. “Examination of Content Knowledge” means a standardized State test of subject matter knowledge which measures knowledge in a specific content area, such as PRAXIS™ II. “Examination of General Knowledge” means a standardized test which measures general knowledge and essential skills in mathematics or quantitative and verbal skills, including reading and writing, such as PRAXIS™ I, which for the purposes of this regulation, means the State Basic Skills Test. “Initial License” means the first license issued to an educator that allows an educator to work in a position requiring a license in a Delaware public school. “Major or Its Equivalent” means no fewer than thirty (30) credit hours in a content area. “Secretary” means the Secretary of the Delaware Department of Education. “Standard Certificate” means a credential issued to verify 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. "Teach For America" means the nationally established program consisting of recent college graduates and professionals of all academic majors and career interests who commit to a minimum of two (2) consecutive years of classroom teaching in either a low-income urban or rural public school. "Teacher Residency Program" means a teacher preparation program meeting the minimum criteria of this regulation and approved pursuant to this regulation and any Department regulation. Such a program is typically sponsored by a regionally accredited college or university in partnership with one or more State Education Agencies and/or an established Organization/Foundation, where the participant is paired with a mentor and veteran teacher in a classroom for their initial school year experience. 3.0Alternative Routes to Teacher Licensure and Certification 3.1Qualified Candidates meeting all conditions and seeking participation in the an Alternative Routes to Teacher Licensure and Certification program shall be issued an Initial License of no more than three (3) years duration conditioned on continued enrollment in the an Alternative Routes for Teacher Licensure and Certification Program and an Emergency Certificate or certificates of no more than three years duration. 3.2Candidates must shall meet the following minimum qualifications: 3.2.1Successfully completed one of the following education requirements: 3.2.1.1Hold a bachelor's degree from a regionally accredited college or university in a coherent major, or its equivalent, [which shall be no less than thirty (30) credit hours] inappropriate to the instructional field they desire to will teach; or 3.2.1.2Hold a Bachelor's Degree from a regionally accredited college or university in any content area and are enrolled in the Teach For America program and have completed all pre- service requirements for such program; or 3.2.1.3Hold a Bachelor's Degree from a regionally accredited college or university in any content area and are enrolled in an approved teacher residency program and have completed all pre-service requirements for such program; and 3.3Pass an examination of general knowledge, such as PRAXIS™ I, or provide an acceptable alternative to the PRAXIS™ I test scores, as set forth in 14 DE Admin. 1510, within the period of time from the date of hire to the end of the next consecutive fiscal year; and 3.4Obtain acceptance into an approved alternative routes to licensure and certification program. 3.4.1Notwithstanding any other provisions to the contrary, candidates enrolled in the Teach For America program shall not be limited to teaching in areas identified as critical curricular areas. 3.4.2Notwithstanding any other provisions to the contrary, candidates enrolled in an approved teacher residency program shall not be limited to teaching in areas identified as critical curricular areas; and 3.5Demonstrate the prescribed knowledge and skills for a particular content area by completing the following: 3.5.1Pass an examination of content knowledge, such as PRAXIS™ II, in the instructional field they desire to teach, if applicable and available, within the period of time from the date of hire to the end of the next fiscal year. 3.5.2Notwithstanding any other provisions to the contrary, candidates enrolled in the Teach For America program shall, where applicable and available, have achieved a passing score on an examination of content knowledge, such as Praxis II, for the area in which such candidate will be teaching, prior to taking full responsibility for teaching a classroom; or 3.5.3Notwithstanding any other provisions to the contrary, candidates enrolled in a teacher residency program shall, where applicable and available, have achieved a passing score on an examination of content knowledge, such as Praxis II, for the area in which such candidate will be teaching, prior to taking full responsibility for teaching a classroom; and 3.6Obtain an acceptable health clearance and an acceptable criminal background check clearance; and 3.7Obtain a teaching position by one of the following: 3.7.1Obtain and accept an offer of employment in a position that requires licensure and certification.; or 3.7.2In the case of a teacher residency program, obtain and accept an offer for a position that if paid would require licensure and certification. 4.0Components of the Program 4.1The An Alternative Routes for Teacher Licensure and Certification Program shall consist of be approved by the Secretary of Education and meet the following minimum criteria: 4.2Incorporate one of the following prerequisite options: 4.2.1A summer institute of [approximately no less than one hundred and twenty (120)] instructional (clock) hours completed by the candidate prior to the beginning of his/her teaching assignment. This includes an orientation to the policies, organization and curriculum of the employing school district or charter school, instructional strategies and classroom management and child or adolescent development. 4.2.1.1Candidates employed too late to participate in the summer institute will complete the practicum experience and seminars on teaching during the first school year and will participate in the summer institute following their first year of teaching.; or 4.2.2A teacher entering a Delaware public school through the Teach For America program shall complete the two hundred (200) hours of pre-service training provided by Teach for America; or 4.2.3A teacher entering a Delaware public school through a teacher residency program shall complete a minimum of one hundred and twenty (120) hours of pre-service training provided by the approved teacher residency program; and 4.3A Require a one year, full time practicum experience which includes a period of intensive on-the-job mentoring and supervision beginning the first day in which the candidate assumes full responsibility for a classroom and continuing for a period of thirty (30) weeks. 4.4Require Sseminars on teaching that provide Alternative Routes to Licensure and Certification teachers with approximately 200 instructional (clock) hours or equivalent professional development during the first year of their teaching assignment and during an intensive seminar the following summer. Content shall include curriculum, student development and learning, and the classroom and the school, as required in 14 Del.C. §1261. 4.5Receive any required approvals under the Department's regulation 14 DE Admin. Code 290 Approval of Educator Preparation Programs. 5.0Mentoring Support Mentoring support shall be carried out in accordance with 14 DE Admin. Code 1503. No mentor shall participate in any way in decisions which might have a bearing on the licensure, certification or employment of teachers participating in the an Alternative Routes for Teacher Licensure and Certification Program. 6.0Supervision and Evaluation Teachers enrolled in the an Alternative Routes for Teacher Licensure and Certification Program shall be observed and formally evaluated by a certified evaluator using the state approved evaluation system at least once during the first ten (10) weeks in the classroom, and a minimum of two (2) additional times within the next twenty (20) weeks. Evaluations shall be no more than two (2) months apart. 7.0Recommendation for Licensure and Certification Upon completion of the an Alternative Routes for Teacher Licensure and Certification Program, the certified evaluator shall prepare a summative evaluation report for the teacher participating in the Program. The evaluation report shall include a recommendation as to whether or not a license shall be issued. The evaluation report and license recommendation shall be submitted to the Department. A copy of the evaluation report and license recommendation should be issued to the candidate twenty (20) days before submission to the Department. 8.0Issuance of License If the evaluation report recommends approval of the candidate for licensure, provided the candidate is otherwise qualified, the Department shall issue an Initial License valid for the balance of the three (3) year term, if the participant has completed the Program in less than three (3) years, or a Continuing License, if the three (3) year term of the Initial License has expired, and shall issue the appropriate Standard Certificate or Certificates. Candidates who receive a recommendation of ‘disapproved’ shall not be issued an Initial License and Standard Certificate by the Department, and may not continue in the an Alternative Routes for Licensure and Certification Program. 9.0Recommendation of “Disapproved” Candidates who receive a recommendation of “disapproved” may petition the Department for approval of additional opportunities to participate in the an Alternative Routes for Teacher Licensure and Certification Program. Within fifteen (15) days of receipt of the evaluation report and the certification recommendation, a candidate disagreeing with the recommendation may submit to the evaluator written materials documenting the reasons that the candidate believes a license should be awarded. The evaluator shall forward all documentation submitted by the candidate, along with the evaluation report and recommendation concerning licensure and certification to the Secretary of Education. The Secretary or his or her designee shall review the evaluation report, the licensure and certification recommendation, and any documentation supplied by the candidate and make a determination with respect to licensure and certification. 10.0Right to a Hearing A teacher participating in the an Alternative Routes for Teacher Licensure and Certification Program who is denied a license and certificate may appeal the decision, and is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules. 11.0Program Evaluation Those responsible for Alternative Routes to Certification Programs approved by the Standards Board and the State Board shall develop a program evaluation process. The focus of the program evaluation must shall be to demonstrate the degree to which teachers who complete the program are effective in the classroom. 7 DE Reg. 161 (8/1/03) 12.0Other Approval of Alternative Routes Programs The Secretary may approve for implementation other Alternative Routes to Teacher Licensure and Certification Programs, provided the programs meet the minimum criteria set forth in this regulation and in any applicable laws. 7 DE Reg. 161 (8/01/03) 9 DE Reg. 971 (12/01/05) Renumbered effective 6/1/07 - see Conversion Table PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1512 Issuance and Renewal of Advanced License 1.0Content This regulation shall apply to the issuance and renewal of an Advanced License for educators, pursuant to 14 Del.C. §1213 and §1214. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Department" means the Delaware Department of Education. "Educator" means an employee paid under 14 Del.C. §1305 a person licensed and certified by the State under 14 Del.C. Chapter 12, 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. For purposes of 14 Del.C. Chapter 12, the term 'educator' does not include substitute teachers. "Exigent Circumstances" means unanticipated circumstance or circumstances beyond the educator's control, including, but not limited to serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service. The expiration of an educator's license before the end of the school year shall be considered an exigent circumstance, however the educator's license may only be extended to the end of that current school year. "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 or otherwise. "Maintenance of Proficiency" means evidence of valid renewal of National Board for Professional Teaching Standards certification. "National Board Certified Teacher" means an educator who holds National Board for Professional Teaching Standards certification. "National Board Certification" means certification of an educator by the National Board for Professional Teaching Standards. "Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §104Chapter 12. "State" means State of Delaware. 3.0Advanced License 3.1In accordance with 14 Del.C. §1213, the Department, upon receipt of the list of successful candidates provided annually by the National Board for Professional Teaching Standards, shall issue an Advanced License to any educator who receives National Board for Professional Teaching Standards certification. An Advanced License is valid for up to 10 years unless extended pursuant to 14 Del.C. §1216 or revoked for cause, as defined in 14 Del.C. §1218. 3.2The Department shall issue, upon application, an Advanced License to an educator licensed in another jurisdiction who provides verification of receipt of National Board certification. 3.3The Department shall not act on an application for licensure 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. 3.2.1"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. 4.0RESERVED (For Equivalent Program) 5.0Renewal of Advanced License 5.1In accordance with 14 Del.C. §1214, the Department shall renew an Advanced License, valid for an additional 10 years, to an educator who has maintained proficiency through the National Board for Professional Teaching Standards. Proficiency for National Board certification shall be deemed to have been maintained if the educator provides evidence of valid renewal of National Board for Professional Teaching Standards certification. 5.2The Department shall renew an Advanced License upon receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards. 5.3An applicant who elects not to renew with the National Board for Professional Teaching standards or who fails to meet the recertification requirements set forth by the National Board will shall be issued a Continuing License. 6.0Extension for Exigent Circumstances The Department may extend an Advanced License for a period not to exceed one year, exigent circumstances warranting the necessity of such extension. 7.0Leave of Absence An educator may take a leave of absence of up to three years with no effect upon the validity or expiration of the Advanced License. 8.0Criminal Conviction History An applicant shall disclose his or her criminal conviction history upon application for an Advanced License, the renewal of an Advanced License, or upon the issuance of a Continuing License pursuant to section 5.2. Failure to disclose a criminal conviction history is grounds for denial or revocation of an advanced license or a Continuing License and criminal prosecution as specified in 14 Del.C. §1219. 6 DE Reg. 77 (7/1/02) 7 DE Reg. 956 (1/1/04) PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1590 Delaware Administrator Standards http://regulations.delaware.gov/register/november2009/final/13 DE Reg 650 11-01-09.htm DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Ch. 5, §512 (31 Del.C., Ch. 5, §512) Diamond State Health Plan 1115 Demonstration Waiver DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 17900 Medicaid for Workers with Disabilities 12 DE Reg. 446 (10/01/08) 17908 Unearned Income Exclusion 17911Financial Eligibility Determination 17912Retroactive Eligibility DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) Reimbursement Methodology for Inpatient Hospital Services 6 DE Reg. 885 (1/1/03) 9 DE Reg. 783 (11/01/05) 13 DE Reg. 259 (8/1/09) DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) Reimbursement Methodology for Medicaid Services 13 DE Reg. 259 (8/1/09) DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 2001.1 Redetermination: Eligibility Review Periods DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 4002.2 Available Resources 4002.5Excluded Resources 9 DE Reg. 1374 (03/01/06) 4002.6Disposal of Real Property DEPARTMENT OF JUSTICE DIVISION OF SECURITIES Statutory Authority: 6 Delaware Code, Section 7325 (6 Del.C. §7325) Delaware Securities Act Delaware Securities Act DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60) 7 DE Admin. Code 1138 1138 Emission Standards for Hazardous Air Pollutants for Source Categories DIVISION OF AIR AND WASTE MANAGEMENT Statutory Authority: 7 Delaware Code, Chapter 60, (7 Del.C. Ch. 60) 7 DE Admin. Code 1142 1142 Specific Emission Control Requirements DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Section 903(e)(2)a.(3) (7 Del.C. §1903(e)(2)a.(3) 7 DE Admin. Code 3512 3512 Winter Flounder Size Limit; Possession Limit; Seasons (Penalty Section 7 Del.C. §936(b)(2)) 1.0It shall be unlawful for any person to possess any winter flounder, (Pseudopleuronectes americanus), that measure less than twelve (12) inches, total length. 2.0It shall be unlawful for any recreational fisherman to have in possession more than ten (10) two (2) winter flounder per day (a day being 24 hours) at or between the place where said winter flounder were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. 3.0It shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder before 12:01 AM February 11 or after midnight April 10 in any given calendar year. 4.0It shall be unlawful for any non-federally licensed commercial fishermen to harvest, land or possess more than 50 pounds of winter flounder per day. Federally licensed commercial fishermen are subject to current federal winter flounder harvest, landing, and possession limits. 8 DE Reg. 1718 (6/1/05) DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Sections 1902(a)(5) and 2804 (7 Del.C. §§1902(a)(5) and 2804) 7 DE Admin. Code 3711 3711 Conch Minimum Size Limits (Penalty Section 7 Del.C. §1912) 1.0It shall be unlawful for any person to possess any channeled conch, Busycotypus canaliculatum, that measures less than six (6) inches in length or 3 1/8 inches in diameter at the whorl. 2.0Notwithstanding the provisions of paragraph 1.0, a person may possess no more than five (5) channeled conchs per 60 pounds that are less than six (6) inches in length or 3 1/8 inches in diameter at the whorl. 3.0It shall be unlawful for any person to possess any knobbed conch, Busycon carica, that measures less than five 5 ¼ inches in 2007, 5 ½ inches in 2008, 5 ¾ inches in 2009, and six (6) inches in length in 2010. Beginning in 2010, the minimum length shall remain 6 inches thereafter until changed by regulation. The minimum diameter at the whorl shall be no less than 3 inches in 2007, 3 ¼ inches in 2008, 3 ¼ inches in 2009 and 3 ½ inches in 2010 and shall remain 3 ½ inches thereafter until changed by regulation. 4.0Notwithstanding the provisions of paragraph 3.0, a person may possess no more than five (5) knobbed conchs per 60 pounds that are less than the allowable minimum length limit or the minimum diameter at the whorl. 1 DE Reg. 250 (9/1/97) 1 DE Reg. 835 (1/1/98) 10 DE Reg. 1034 (12/01/06) DEPARTMENT OF SAFETY AND HOMELAND SECURITY DIVISION OF STATE POLICE Statutory Authority: 10 Delaware Code, Chapter 27 (10 Del.C. Ch. 27) 2400 Constables 1.0Experience 1.1A constable must meet the minimum training standards as established by the Council on Police Training Board. 2.0Appeal 2.1Any applicant who is rejected for a commission as a constable may, within 30 days of such notice of rejection, submit a written notice of appeal. 2.2A hearing date, to be determined by the Board, will be convened to take relevant evidence on the appeal. 2.3Such proceedings shall be conducted in accordance with the administrative procedures act (Title 29). 2.4The Board decision, in writing, will be mailed to the applicant within ten working days after the hearing. 3.0Law Enforcement Exemption 3.1Applicants, who were prior law enforcement officers in any jurisdiction and have been away from police work for not more than five (5) years, will be considered for commissions on a case-by-case basis. 3.2Applicants, who have been law enforcement officers in the past but have been away from active law enforcement for more than five (5) years, will be required to take either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory), under the conditions noted in Rule 4.0, and a [, equivalent to the C.O.P.T. exam to identify weaknesses in their knowledge of law enforcement comprehensive, multiple-choice examination] of the minimum standards established by the Board to identify weaknesses in their knowledge of the duties of a Constable. Once those shortcomings have been identified, the individual officer will be required to take the requisite training where the deficiency was noted. 12 DE Reg. 977 (01/01/09) 4.0Employment 4.1All applicants must submit written testimony from five (5) reputable citizens attesting to good character, integrity, and competency. 4.2All applicants must submit to either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory) evaluation performed by a licensed psychologist who has knowledge of the requirements of the duties of the Constable position, that the applicant is psychologically fit to function as a competent Constable. 4.3All applicants shall be required to submit an application and their fingerprints to the Director of Detective Licensing on the appropriate forms. The Director of the State Bureau of Identification shall set the processing fee. 4.4No full-time police officer may apply for a commission as a constable. 4.5All applicants seeking a new commission as a constable shall be required to submit a $100.00 application fee. 4.6A $50.00 annual renewal fee shall be required to accompany the renewal application each year thereafter. 4.7A constable shall not be a member or employee of any Delaware law enforcement organization, as defined by the council on Police Training, or a member or employee of a law enforcement organization of any other state or federal jurisdiction. Adopted 05/16/00 12 DE Reg. 977 (01/01/09) 5.0Firearm’s Policy 5.1No person licensed under Title 24 Chapter 13 Sections 1315 & 1317 shall carry a firearm unless that person has first passed an approved firearms course given by a Board approved certified firearms instructor, which shall include a minimum 40 hour course of instruction. Individuals licensed to carry a firearm must shoot a minimum of three (3) qualifying shoots per year, scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots. Of these three (3), there will be one (1) mandatory "low light" shoot. Simulation is permitted and it may be combined with a daylight shoot. 5.2Firearms - approved type of weapons 5.2.19mm 5.2.2.357 5.2.3.38 5.2.4.40 5.3All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications. 5.4Under no circumstances will anyone be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein. 5.5All individuals must qualify with the same type of weapon that he/she will carry. 5.6All ammunition will be factory fresh (no re-loads). 5.7The minimum passing score is 80%. All licenses are valid for a period of one (1) year. DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 1713(a)(12) 24 DE Admin. Code 1700 1700 Board of Medical Practice DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 3606 (24 Del.C. §3606) 24 DE Admin. Code 3600 3600 Board of Registration of Geologists STATE EMPLOYEE BENEFITS COMMITTEE Statutory Authority: 29 Delaware Code, Sections 5210(4) and 9602(b)(4) (29 Del.C. §§5210(4) and 9602(b)(4)) 19 DE Admin. Code 2001 2001 Group Health Care Insurance Eligibility and Coverage Rules (Used to determine who may enroll. See "Cost of Coverage" to determine the amount of State contributions, toward an employee's coverage.) 5.0Cost Of Coverage (Used to determine the amount of State Share contributed toward an employee's coverage and the amount of employee contributions required, if any.) 5.1"Regular officers and employees" begin earning State Share contributions on the first of the month following three full months of employment. See Eligibility Table for specific information regarding State Share payments and employee payroll deductions for employees who elect coverage when eligible for State Share. 5.2Permanent part-time, temporary per diem and contractual employees of the General Assembly as described in Eligibility and Enrollment Rule 1.01 are eligible to participate in the State Plan, but are not eligible for State Share. Therefore, any such employee joining the State Plan must pay the full cost of the health plan selected. Payment must be collected by the organization and forwarded to the Statewide Benefits Office by the first day of the month for which the employee's coverage becomes effective. 5.2.1If an existing full time state employee takes a limited term position, State Share shall continue. 5.2.2Casual and seasonal employees and substitutes are not eligible to participate in the State Plan, nor are they eligible for State Share. 5.3When a husband and wife are both permanent full time active employees, they shall earn State Share contributions in accordance with the following: 5.3.1If they elect to enroll in two individual contracts, the increment of cost of the options selected by the two employees which exceeds the cost of two First State Basic family plans, shall be deducted by OMB from salary, pension or disability payments. 5.3.2If they elect to enroll in one employee and spouse or family contract, the increment of cost of the option selected by the employee that exceeds the cost of two First State Basic family plans, shall be deducted by OMB from salary, pension or disability payments. 5.4When the spouse of an eligible employee is a retired State of Delaware employee receiving a monthly pension or a Disability Insurance Program (DIP) LTD beneficiary receiving an LTD check, each may enroll as two individual contracts, employee and spouse contract or a family contract. The increment of cost of the option selected by the employee that exceeds the cost of two First State Basic family plans, shall be deducted by OMB from salary, pension or disability payments. (A notation should be made in the employee's file that the spouse is a State of Delaware Pensioner or DIP LTD beneficiary). The Pension Office should be notified when the active employee terminates State Service. 5.5An eligible employee who elects to be covered prior to becoming eligible for State Share must pay the full cost of coverage, State Share and employee share, until State Share begins. 5.6If a regular officer, employee, eligible pensioner, or beneficiary selects coverage under any plan other than the First State Basic Plan, the employee is responsible for paying the additional cost, if any, over and above the cost of the same coverage class (individual, employee & child, employee & spouse, or family) under the First State Basic plan. 5.7A regular officer or employee or eligible pensioner who is eligible for the State Share contribution may not receive the cash equivalent in lieu of the coverage itself. 5.8Health coverage premiums are collected on a lag basis. (Example: January coverage is paid by deduction in the second pay of January plus deduction in the first pay of February). Each agency/ school district/sub group is responsible for reconciling premiums to ensure that proper payment has been remitted. Payments, other than those made through OMB's automated payroll system, and all adjustments must be submitted in a timely manner to the Statewide Benefits Office. The State Plan will not be responsible for payment of premiums and/or claims if a signed enrollment form/confirmation statement/waiver is not in the employee file. 5.9An eligible employee who returns from an authorized unpaid leave of absence is entitled to State Share payments upon return without fulfilling another three month waiting period. The employee must request enrollment by contacting their Human Resources Office within 30 days of return from leave of absence. State Share and coverage (if it has lapsed) begin on the date of return from leave of absence. 5.10Any regular officer or employee or eligible pensioner who fails to make payment for his/her share of the cost of health coverage when he/she is eligible to continue coverage and does not have sufficient salary from which payment can be deducted will have coverage canceled on the first day of the month that a regular officer or employee or eligible pensioner fails to pay the required share for the coverage selected. 5.10.1Family and Medical Leave Act (FMLA) regulations provide that employees have a 30 day grace period for late premium payments. The employer's obligation to maintain health coverage ceases if an employee's premium payment is more than 30 days late. Benefit Representative or Human Resources Offices should continue the employee's health coverage for the 30 day period provided under FMLA. The Benefit Representative or Human Resources Offices can then do a retroactive cancellation if the required employee contribution was not paid by the end of the 30 day grace period. 5.11An employee who has a break in active employment due to authorized leave of absence, suspension, termination or unauthorized leave of absence without pay for a full calendar month, shall not be eligible for State Share for that calendar month and any subsequent calendar month that the employee is in a non pay status for the entire calendar month. In the case of an authorized leave of absence, an intermittent return to work or use of paid leave of less than five full days in one month, the employee shall not be entitled to State Share contributions. Full payment must be made for the month in order to retain coverage. Upon return, the employee is eligible for State Share without fulfilling another three month waiting period, provided the break was the result of any of the following: 5.11.1an authorized leave of absence; 5.11.2a suspension without pay; 5.11.3termination or unauthorized leave of absence for a period less than 30 calendar days. Coverage begins on the date of employee's return to work. 5.12State Share will be paid for employees drawing Workers' Compensation, provided the employee is not eligible for coverage from a subsequent employer. Such an employee must submit payment for the share of the coverage that would normally be deducted from his/her salary. 5.13State Share will be paid for employees who are approved for Short Term and/or Long Term Disability through the State's DIP. 5.13.1Employee's share of premium shall be deducted by OMB from employee's salary or DIP LTD check. 5.13.2Employees whose STD claims are in a pending status are entitled to receive State Share. If STD claim is denied, the employee is responsible for the State Share paid on his/her behalf while the claim was in a pending status. 5.13.3.Employees who are appealing a STD termination and/or benefit denial are eligible to receive State Share. If the appeal results in a denial, the employee is responsible for the State Share paid on his/her behalf while the claim was in a pending appeal status. 5.14Any refund of State Share or employee share is subject to the following requirements: 5.14.1An employee who has paid the State Share in order to insure continuation of health coverage and then later is found to have been eligible for receipt of State Share, is to be refunded the amount that was not paid by the State. The employee must make application for the refund within one calendar year of the date the employee paid the State Share to be refunded; 5.14.2An employee who has paid the employee share then later is found to have been eligible for receipt of DSS is to be refunded the amount paid for employee share for a period not to exceed one calendar year. The employee seeking a refund must make application for the refund within one year of the date the employee paid the employee share to be refunded; 5.14.3An employee who has paid the employee share for an ineligible dependent (for example following a divorce, death or exceeding the dependent age limits) is to be refunded the amount paid for employee share for a period not to exceed 60 days, provided that the employee seeking a refund must make application for the refund within 60 days of the date the employee paid the employee share to be refunded and further that the employee shall be liable for any amounts paid by the State Plan on behalf of the ineligible dependent until the employee provides notice to the Statewide Benefits Office of the dependent's ineligibility; 5.14.4If an employee is terminated from employment and does not pay the employee share for the second half of the month in which terminated, coverage under the Plan is terminated as of the first of the month, any claims paid for that month will be reversed and a refund will be given, if employee makes request for refund within 60 days. 5.14.5In any event, refunds of less than $1.00 will not be made. 5.15Teachers who are granted a sabbatical leave of absence are eligible for State Share while they are on such leave. Also see Eligibility and Enrollment Rule 6.3. 5.16All employees whose positions are involuntarily terminated after they have been employed for a full calendar year who return to full time State employment within 24 months of their termination will be eligible for State Share without fulfilling another three month qualification period. 5.17A temporary, casual, seasonal employee, or substitute who becomes a "Regular Officer or Employee" shall have his/her unbroken temporary, casual, seasonal, or limited term, provisional or permanent part time "Aggregate State Service" applied toward the three month qualification period for State Share contributions. The "Aggregate State Service" must immediately precede becoming a "Regular Officer or Employee". The temporary, casual, seasonal employee, or substitute must have worked each pay cycle for the three months prior to hire eligibility for state share - or last three full months of the school year prior to September hire. 5.18State Share shall continue for a "Regular Officer or Employee" who is temporarily appointed to a position that results in a dual incumbency. 5.19Any active employee who is also receiving a survivor's pension through the State of Delaware shall receive DSS. The increment of cost, which exceeds the cost of two First State Basic family plans, shall be deducted from employee's salary. 5.20A regular officer or employee called to active duty with the National Guard or Reserve for other than training purposes shall continue to receive state share toward health insurance coverage for a period of up to two years. Employee's share must be remitted to Benefit Representative or Human Resources Office for further processing. 6 DE Reg. 690 (11/1/02) 12 DE Reg. 986 (01/01/09) 13 DE Reg. 126 (07/01/09) DEPARTMENT OF FINANCE DIVISION OF REVENUE Statutory Authority: 30 Delaware Code, Section 354 (30 Del.C. §354) Patrick Carter Director of Revenue DEPARTMENT OF AGRICULTURE DIVISION OF ANIMAL HEALTH AND FOOD PRODUCTS INSPECTION 304 Exotic Animal Regulations DEPARTMENT OF EDUCATION DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES 9059 Income Exclusions DEPARTMENT OF INSURANCE 901 Arbitration of Automobile and Homeowners' Insurance Claims PUBLIC NOTICE DEPARTMENT OF INSURANCE 1305 Loss Ratio Filing Procedures for Health Insurers and Health Service Corporations for Medical and Hospital Expense-incurred Insurance Policies and Group Plans DEPARTMENT OF SAFETY AND HOMELAND SECURITY DELAWARE COUNCIL ON POLICE TRAINING PUBLIC NOTICE 801 Delaware Council on Police Training DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 2000 Board of Occupational Therapy Practice PUBLIC SERVICE COMMISSION 3001 Regulations Governing Service Supplied by Electrical Corporations Public Service Commission 861 Silver Lake Boulevard Cannon Building Suite 100 Dover, Delaware, 19904 Attn: Reg. Dckt. No. 49 PUBLIC SERVICE COMMISSION 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standard (Opened August 23, 2005) Public Service Commission 861 Silver Lake Boulevard Cannon Building, Suite 100 Dover, Delaware, 19904 Attn: Reg. Dckt. No. 56 DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND POLICY 2309 Standards and Regulations for Subdivision Streets and State Highway Access Theodore Bishop, Assistant Director of Planning Delaware Department of Transportation PO Box 778 Dover, DE 19903 (302) 760-2122 (telephone) (302) 739-2251 (fax) theodore.bishop@state.de.us