Delaware Register of Regulations Issue Date: NOVEMBER 1, 2016 Volume 20 - Issue 5, Pages 330 - 385 IN THIS ISSUE: Regulations: Proposed Final General Notices Calendar of Events & Hearing Notices Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains all documents required to be published, and received, on or before October 15, 2016. “Fall at Fifer Orchards” INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 19 DE Reg. 1100 (06/01/16) Refers to Volume 19, page 1100 of the Delaware Register issued on June 1, 2016. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME December 1 November 15 4:30 p.m. January 1 December 15 4:30 p.m. February 1 January 17 4:30 p.m. March 1 February 15 4:30 p.m. April 1 March 15 4:30 p.m. DIVISION OF RESEARCH STAFF Lori Christiansen, Director; Mark J. Cutrona, Deputy Director; Tara Donofrio, Administrative Specialist II; Julie Fedele, Joint Sunset Research Analyst; Bethany Fiske, Assistant Registrar of Regulations; Deborah Gottschalk, Legislative Attorney; Robert Lupo, Printer; Kathleen Morris, Human Resources/Financials; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Don Sellers, Printer; Yvette W. Smallwood, Registrar of Regulations; Holly Vaughn Wagner, Legislative Attorney; Rochelle Yerkes, Office Manager; Sara Zimmerman, Legislative Librarian. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 TABLE OF CONTENTS Cumulative Tables............................................................................................................................. ............ 335 PROPOSED DEPARTMENT OF EDUCATION Office of the Secretary 255 Definitions of Public School, Private School and Nonpublic School............................... ............ 338 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Patient Pay Calculation for Division of Developmental Disabilities Services (DDDS) Waiver Recipients....................................................................................................................... ............ 340 Pharmaceutical Services – Reimbursement of Covered Outpatient Drugs........................... ............ 342 Division of Public Health 4205 Vital Statistics............................................................................................................... ............ 346 Health Care Commission Delaware Health Resources Management Plan.................................................................... ............ 347 DEPARTMENT OF JUSTICE Fraud and Consumer Protection Division Rules Pursuant to the Delaware Securities Act..................................................................... ............ 348 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Waste and Hazardous Substances 1305 Universal Recycling Regulations.................................................................................. ............ 353 1352 Regulations Governing Aboveground Storage Tanks.................................................. ............ 355 DEPARTMENT OF STATE Division of Professional Regulation 1700 Board of Medical Licensure and Discipline................................................................... ............ 356 2900 Real Estate Commission.............................................................................................. ............ 357 EXECUTIVE DEPARTMENT Delaware Economic Development Authority 401 Procedures Regarding Non-State Guaranteed Bonds................................................... ............ 362 476 Energy Alternatives Program Regulation........................................................................ ............ 364 477 Information Technology Training Grant Program Regulation......................................... ............ 364 478 Neighborhood Assistance Act Tax Credit Program Regulation...................................... ............ 364 FINAL DEPARTMENT OF EDUCATION Office of the Secretary 1105 Standards for School Buses Placed in Production on or after January 1, 2017 .......... ........... 365 Professional Standards Board 1562 English to Speakers of Other Languages (ESOL) Teacher.......................................... ............ 366 DEPARTMENT OF FINANCE Office of the State Lottery 202 Delaware Lottery Rules and Regulations....................................................................... ............ 370 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 334 TABLE OF CONTENTS DEPARTMENT OF INSURANCE Office of the Commissioner 304 Standards and Commissioner’s Authority for Companies Deemed to be in Hazardous Financial Condition......................................................................................................... ............ 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers................. ............ 371 372 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Water 7301 Regulations Governing the Construction and Use of Wells.......................................... ............ 374 DEPARTMENT OF STATE Division of Professional Regulation 300 Board of Architects......................................................................................................... ............ 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals.................................................................................................................. ............ 375 376 GENERAL NOTICES DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Proposed Amendment to the DDDS HCBS Waiver to Create the Lifespan Waiver.............. ............ 378 CALENDAR OF EVENTS/HEARING NOTICES Delaware River Basin Commission, Notice of Public Hearing and Business Meeting....................... ............ 381 Dept. of Education, Notice of Monthly Meeting.................................................................................. ............ 381 Dept. of Health and Social Services, Div. of Medicaid and Medical Assistance; Div. of Public Health; Delaware Health Care Commission, Notices of Public Comment Periods and Public Hearing.. 381 - 382 Dept. of Justice, Fraud and Consumer Protection Division, Notice of Public Comment Period......... ............ 382 Dept. of Natural Resources and Environmental Control, Div. of Waste and Hazardous Substances, Notices of Public Hearings and Public Comment Periods........................................................................ ............ 383 Dept. of State, Div. of Professional Regulation, Board of Medical Licensure and Discipline; Real Estate Commission, Notices of Public Hearings and Public Comment Periods..................................... ............ 384 Executive Department, Delaware Economic Development Authority, Notices of Public Comment Periods .................................................................................................................... ............ 384 - 385 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DEPARTMENT OF AGRICULTURE Harness Racing Commission 502 Delaware Standardbred Breeders’ Fund Regulations................................ 20 DE Reg. 219 (Prop.) DEPARTMENT OF EDUCATION Office of the Secretary 255 Definition of Public School, Private School and Nonpublic School............. 20 DE Reg. 9 (Prop.) 286 Application Fee for Educator Licensure...................................................... 20 DE Reg. 220 (Prop.) 612 Possession, Use or Distribution of Drugs and Alcohol............................... 20 DE Reg. 223 (Prop.) 616 Uniform Due Process Procedures for Alternative Placement Meetings and Expulsion Hearings.............................................................................. 20 DE Reg. 277 (Final) 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces of the United States......................................................................... 20 DE Reg. 89 (Prop.) 20 DE Reg. 281 (Final) 804 Immunizations............................................................................................. 20 DE Reg. 227 (Prop.) 817 Medications and Treatments....................................................................... 20 DE Reg. 231 (Prop.) 922 Children with Disabilities Subpart A, Purposes and Definitions.................. 20 DE Reg. 116 (Final) 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs............................................................. 20 DE Reg. 172 (Final) 20 DE Reg. 233 (Prop.) 926 Children with Disabilities Subpart E Procedural Safeguards for Parents and Children................................................................................................ 20 DE Reg. 234 (Prop.) 1105 Standards for School Buses Placed in Production on or after January 1, 2017 ....................................................................................................... 20 DE Reg. 141 (Prop.) 1201 Christa McAuliffe Award Program............................................................. 20 DE Reg. 237 (Prop.) Professional Standards Board 1506 Emergency Certificate.............................................................................. 20 DE Reg. 174 (Final) 1522 Elementary School Counselor.................................................................. 20 DE Reg. 42 (Final) 1545 Secondary School Counselor................................................................... 20 DE Reg. 45 (Final) 1561 Bilingual Teacher...................................................................................... 20 DE Reg. 240 (Prop.) 1562 English to Speakers of Other Languages (ESOL) Teacher...................... 20 DE Reg. 142 (Prop.) 1565 World Language Teacher.......................................................................... 20 DE Reg. 244 (Prop.) 1582 School Nurse............................................................................................ 20 DE Reg. 49 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Covered Outpatient Drugs for the Categorically Needy - Nonprescription Drug Products...................................................................................................... 20 DE Reg. 83 (Emer.) 20 DE Reg. 91 (Prop.) Financial Institution Accounts – Delaware Achieving a Better Life Experience (ABLE) Accounts......................................................................................... 20 DE Reg. 283 (Final) Long-Term Care Eligibility; Spousal Impoverishment Undue Hardship............. 20 DE Reg. 52 (Final) Long-Term Care Facilities-Eligibility Determinations and Post-Eligibility Treatment; Undue Hardships............................................................................... 20 DE Reg. 117 (Final) Target Case Management Services for Individuals with Intellectual and Developmental Disabilities.......................................................................... 20 DE Reg. 247 (Prop.) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CUMULATIVE TABLES Title XIX Medicaid State Plan: Medical Care and Other Types of Remedial Care - Behavioral Interventions to Treat Autism Spectrum Disorder........... 20 DE Reg. 11 (Prop.) 20 DE Reg. 291 (Final) Division of Public Health 4458A Cottage Food Regulations...................................................................... 20 DE Reg. 176 (Final) 4462 Public Drinking Water Systems................................................................. 20 DE Reg. 249 (Prop.) DEPARTMENT OF INSURANCE Office of the Commissioner 304 Standards and Commissioner’s Authority for Companies Deemed to be in Hazardous Financial Condition................................................................ 20 DE Reg. 146 (Prop.) 1214 Senior Protection in Annuity Transactions................................................ 20 DE Reg. 149 (Prop.) 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers 20 DE Reg. 150 (Prop.) 1317 Network Disclosure and Transparency..................................................... 20 DE Reg. 155 (Prop.) DEPARTMENT OF JUSTICE Fraud and Consumer Protection Division 104 Privacy Policies For Commercial Online Sites, Services and Applications 20 DE Reg. 55 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air Quality 1104 Particulate Emissions from Fuel Burning Equipment................................ 20 DE Reg. 250 (Prop.) 1105 Particulate Emissions from Industrial Process Operations....................... 20 DE Reg. 251 (Prop.) 1124 Control of Volatile Organic Compound Emissions.................................... 20 DE Reg. 256 (Prop.) 1125 Requirements for Preconstruction Review................................................ 20 DE Reg. 257 (Prop.) 1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products.................................................................................. 20 DE Reg. 21 (Prop.) 1142 Specific Emission Control Requirements.................................................. 20 DE Reg. 258 (Prop.) Division of Energy and Climate 2105 Evaluation, Measurement and Verification Procedures and Standards.... 20 DE Reg. 95 (Prop.) Division of Fish and Wildlife 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit................................................................................ 20 DE Reg. 265 (Prop.) 3504 Striped Bass Possession Size Limit; Exceptions 20 DE Reg. 6 (Emer.) 20 DE Reg. 216 (Emer.) 20 DE Reg. 265 (Prop.) 3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements............................................................................. 20 DE Reg. 265 (Prop.) 3774 Oyster Minimum Size Limits..................................................................... 20 DE Reg. 58 (Final) Division of Waste and Hazardous Substances 1301 Regulations Governing Solid Waste......................................................... 20 DE Reg. 82 (Errata) 20 DE Reg. 296 (Final) Division of Water 7301 Regulations Governing the Construction and Use of Wells...................... 20 DE Reg. 180 (Final) Division of Watershed Stewardship 5101 Sediment and Stormwater Regulations.................................................... 20 DE Reg. 87 (Emer.) 5102 Regulation Governing Beach Protection and the Use of Beaches........... 20 DE Reg. 120 (Final) 7402 Shellfish Sanitation Regulations............................................................... 20 DE Reg. 183 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 1300 Board of Examiners of Private Investigators & Private Security Agencies, Sections 1.0 and 4.0.................................................................................... 20 DE Reg. 159 (Prop.) 2400 Board of Examiners of Constables........................................................... 20 DE Reg. 162 (Prop.) 5500 Bail Enforcement Agents, Section 2.0...................................................... 20 DE Reg. 61 (Final) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CUMULATIVE TABLES 5500 Bail Enforcement Agents, Section 4.0 Firearms Policy................................... 20 DE Reg. 166 (Prop.) Sections 6.0, 7.0 and 8.0................................................................................... 20 DE Reg. 22 (Prop.) 20 DE Reg. 299 (Final) DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES Division of Family Services 103 Family Child Care Homes........................................................................... 20 DE Reg. 270 (Prop.) 104 Large Family Child Care Homes................................................................. 20 DE Reg. 271 (Prop.) 201 Child Placing Agencies............................................................................... 20 DE Reg. 271 (Prop.) DEPARTMENT OF STATE Division of Professional Regulation 103 Regulations Governing Charitable Gambling Other Than Raffles.............. 20 DE Reg. 123 (Final) 700 Board of Chiropractic.................................................................................. 20 DE Reg. 186 (Final) 1000 Board of Pilot Commissioners.................................................................. 20 DE Reg. 300 (Final) 1100 Board of Dentistry and Dental Hygiene..................................................... 20 DE Reg. 23 (Prop.) 1770 Respiratory Care Practice Advisory Council............................................. 20 DE Reg. 187 (Final) 1795 Midwifery Advisory Council....................................................................... 20 DE Reg. 62 (Final) 1799 Genetic Counselor Advisory Council........................................................ 20 DE Reg. 190 (Final) 1900 Board of Nursing....................................................................................... 20 DE Reg. 301 (Final) 2930 Council on Real Estate Appraisers........................................................... 20 DE Reg. 65 (Final) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals......................................................................... 20 DE Reg. 25 (Prop.) 3300 Board of Veterinary Medicine.................................................................... 20 DE Reg. 168 (Prop.) 3700 Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.................................................................................................. 20 DE Reg. 107 (Prop.) 3900 Board of Clinical Social Work Examiners................................................. 20 DE Reg. 169 (Prop.) Uniform Controlled Substances Act Regulations............................................... 20 DE Reg. 31 (Prop.) 20 DE Reg. 124 (Final) Office of the State Bank Commissioner 2101 Operating Regulation................................................................................ 20 DE Reg. 304 (Final) 2201 Operating Regulation................................................................................ 20 DE Reg. 308 (Final) 2701 Operating Regulation................................................................................ 20 DE Reg. 309 (Final) 2901 Operating Regulation................................................................................ 20 DE Reg. 310 (Final) Public Service Commission 3001 Rules for Certification and Regulation of Electric Suppliers .................... 20 DE Reg. 272 (Prop.) DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2224 Defensive Driving Course, Providers, and Instructors.............................. 20 DE Reg. 125 (Final) 2289 Transportation Network Companies......................................................... 20 DE Reg. 66 (Final) Division of Transportation Solutions 2405 Oversize/Overweight Hauling Permit Policy and Procedures Manual...... 20 DE Reg. 41 (Prop.) 20 DE Reg. 194 (Final) 20 DE Reg. 213 (Errata) EXECUTIVE DEPARTMENT Office of Management and Budget Statewide Benefits Office 2007 Disability Insurance Program Rules and Regulations........................ 20 DE Reg. 70 (Final) OFFICE OF THE STATE TREASURER Investments and Cash Management 1201 Objectives and Guidelines for the Investment of State of Delaware Funds 20 DE Reg. 275 (Prop.) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) PUBLIC NOTICE Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 255 Definitions of Public School, Private School and Nonpublic School A. TYPE OF REGULATORY ACTION REQUIRED Amendment to Existing Regulation B. SYNOPSIS OF SUBJECT MATTER OF THE REGULATION The Secretary of Education intends to amend 14 DE Admin. Code 255 Definitions of Public School, Private School and Nonpublic School. The purpose of amending this regulation is to include and clarify definitions of various types of schools as well as change the title of the regulation to more accurately reflect its content. This regulation was originally published in July 2016. Due to comments received which resulted in substantive changes to the definitions of Charter School, Reorganized School District and Vocational Technical School District, the regulation is being republished at this time. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before December 7, 2016 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml, or obtained at the Department of Education, Finance Office located at the address listed above. C. IMPACT CRITERIA 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation does not directly address the improvement of student achievement as measured against state achievement standards. 2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation does not directly help to ensure that all students receiving an equitable education. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amendments do not address students' health and safety. 4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation does not address student's legal rights. 5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation does not change the decision making at the local board and school level. 6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place any unnecessary reporting or administrative requirements on decision makers. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated do not change because of the amendment. 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amendment is consistent with and not an impediment to the implementation of other state educational policies. 9. Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method for addressing the purpose of the regulation. 10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no expected cost to implementing this amended regulation. *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 338RFA 11-01-16.pdf 255 Definitions of Public School, Private School and Nonpublic School Types of Schools 1.0 Public School Purpose A public school shall mean a school or Charter School having any or all of grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators. It also shall include the agencies of states and cities which administer the public funds. The purpose of this regulation is to define various types of schools and educational entities operating in the State of Delaware identified in Title 14 of the Delaware Code. 2.0 Private School Definitions A private school shall mean a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised and shall be interpreted further to include an accredited or approved college or university. The following words and terms are applicable unless a specific regulation, statute or the context in which they are used clearly indicates otherwise: "Charter School" means a non-home-based public school including two or more of grade kindergarten through twelve, operating in an approved physical plant for the personal physical attendance of all students and is managed by a board of directors. It exists under a charter granted by a public school district or the Delaware Department of Education, with the approval of the State Board of Education, pursuant to 14 Del.C. Ch. 5. "Homeschool" means a nonpublic school as defined in 14 Del.C. §2703A. "Local Education Agency (LEA)" means a reorganized traditional school district, vocational/technical school district or Charter School legally constituted and established, under Delaware law for either administrative control or direction of public elementary or secondary school(s). "Nonpublic School" means a private school or any home school as defined in this regulation or 14 Del.C. §2703A. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS "Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised. "Public School" means a physical plant having any or all of grades kindergarten through twelve, supported primarily from public funds and under the supervision of public school administrators. A Charter School, as defined herein, is also a public school. "Reorganized School District" means a clearly defined geographic subdivision of the state organized for the purposes of administering public education in that area. "School District" means either a Reorganized School District or a Vocational-Technical School District or both depending upon the context in which the term is used. "Vocational-Technical School District" means a subdivision of the state, the boundaries of which are co-extensive with the boundaries of the county in which it is located, organized for the purposes of administering vocational and technical education in that area. 3.0 Nonpublic School A nonpublic school shall mean a private school as that term is defined in paragraph 2.0 of this regulation or any homeschool defined in 14 Del.C. §2703A. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Patient Pay Calculation for Division of Developmental Disabilities Services (DDDS) Waiver Recipients In compliance with the State's Administrative Procedures Act (APA -Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend, to revise and update, specifically, to the Delaware Social Services Manual (DSSM). Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Kimberly.xavier@state.de.us, or by fax to 302-255-4425 by December 1, 2016. Please identify in the subject line: DDDS Waiver - Patient Pay. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSAL The purpose of this notice is to advise the public that Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Delaware Social Services Manual (DSSM) regarding Patient Pay Calculations, specifically, to change the entity responsible for the collection of the patient pay amount for Division of Developmental Disabilities Services (DDDS) waiver recipients. Statutory Authority • Social Security Act §1915(c), Home and community-based services • 42 CFR §435.217, Individuals receiving home and community-based services • 42 CFR §435.726(a) and (b), Post-eligibility treatment of income of individuals receiving home and community-based services furnished under a waiver: Application of patient income to the cost of care. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Background The Medicaid Home and Community-Based Services (HCBS) waiver program is authorized in 1915(c) of the Social Security Act. The program permits a State to furnish an array of home and community-based services that assist Medicaid beneficiaries to live in the community and avoid institutionalization. The State has broad discretion to design its waiver program to address the needs of the waiver's target population. Waiver services complement and/or supplement the services that are available to participants through the Medicaid State plan and other federal, state and local public programs as well as the supports that families and communities provide. The Centers for Medicare & Medicaid Services (CMS) recognizes that the design and operational features of a waiver program will vary depending on the specific needs of the target population, the resources available to the State, service delivery system structure, State goals and objectives, and other factors. A State has the latitude to design a waiver program that is cost-effective and employs a variety of service delivery approaches, including participant direction of services. The Delaware Division of Medicaid and Medical Assistance (DMMA), in partnership with the Division of Developmental Disabilities Services (DDDS) has operated the DDDS waiver since 1987. This waiver is targeted to individuals with intellectual disabilities (including brain injury) and autism spectrum disorder who can no longer live independently or with their family. The waiver includes an array of services and supports designed to enable the individual to live safely in the community and to respect and support their desire to work or engage in other productive activities. Summary of Proposal Purpose The purpose of this policy amendment is to change the entity responsible for the collection of the patient pay amount for Division of Developmental Disabilities Services (DDDS) waiver recipients so as to be compliant with federal regulation. Summary of Proposed Changes If implemented as proposed, this regulation will accomplish the following, effective January 11, 2017: Change Delaware Social Services Manual, 20720, to list the entity responsible for the collection of the patient pay amount for Division of Developmental Disabilities Services (DDDS) waiver recipients from DDS to the provider of Residential Habilitation. Public Notice In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the Patient Pay Calculation proposed regulation. Comments must be received by 4:30 p.m. on December 1, 2016. Provider Manuals Update Applicable Delaware Medical Assistance Program (DMAP) Provider Policy Specific Manuals will be updated. Manual updates, revised pages or additions to the provider manual are issued, as required, for new policy, policy clarification, and/or revisions to the DMAP program. Provider billing guidelines or instructions to incorporate any new requirement may also be issued. A newsletter system is utilized to distribute new or revised manual material and to provide any other pertinent information regarding manual updates. DMAP provider manuals and official notices are available on the DMAP website: http://www.dmap.state.de.us/home/index.html Fiscal Impact Statement The proposed regulation is clarifying rules of practice and procedure by the agency and has no fiscal impact. *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 340RFA 11-01-16.pdf DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS DMMA PROPOSED REGULATION APA 16-024 REVISION: 20720 Patient Pay Calculation This policy applies to all individuals receiving Medicaid through the Division of Developmental Disabilities Services (DDDS) Waiver and the Long Term Care Community Services Program. 1. The Medicaid recipient's total income will be used in the post eligibility treatment of income. This includes income that is counted for eligibility and income that is excluded for eligibility. 2. Allowable deductions are given based on an individual's circumstances. Not all deductions will apply to all individuals. 3. Any amount of income remaining after allowable deductions is the patient pay amount. This amount must be paid on a monthly basis as indicated below: • For DDDS Waiver recipients, the patient pay amount is paid to the Division of Developmental Disabilities. Individuals receiving Residential Habilitation funded by the DDDS waiver will submit their patient pay amount directly to the provider of Residential Habilitation. • "Individuals residing in an Assisted Living Facility will submit their patient pay amount directly to the Assisted Living Facility. The following deductions from the Medicaid recipient's total gross income should be taken in the following order: DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Pharmaceutical Services – Reimbursement of Covered Outpatient Drugs In compliance with the State's Administrative Procedures Act (APA -Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding Pharmaceutical Services, specifically, to clarify reimbursement methodology for covered outpatient drugs. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Kimberly.Xavier@state.de.us, or by fax to 302-255-4425 by December 1, 2016. Please identify in the subject line: Pharmaceutical Services - Reimbursement of Covered Out-Patient Drugs The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSAL The purpose of this notice is to advise the public that Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding Pharmaceutical Services, specifically, to clarify reimbursement methodology for covered outpatient drugs. Statutory Authority • 1927 of the Social Security Act, Payment for Covered Outpatient Drugs • 42 CFR §447.512, Drugs: Aggregate upper limits of payment • 42 CFR §447.201, State plan requirements DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS • 42 CFR §447.205, Public notice of changes in Statewide methods and standards for setting payment rates Background Under the Medicaid program, States may provide coverage of outpatient drugs as an optional service under section 1905(a)(12) of the Social Security Act (the Act). Section 1903(a) of the Act provides for Federal financial participation (FFP) in State expenditures for these drugs. States generally reimburse pharmacies for prescribed covered outpatient drugs dispensed to Medicaid beneficiaries based on a two-part formula consisting of the ingredient cost of a drug and a professional dispensing fee. States have flexibility to determine reimbursement amounts, consistent with applicable statutory and regulatory requirements. These reimbursement amounts are subject to review and approval by the Centers for Medicare & Medicaid Services (CMS) through the State Plan Approval (SPA) process. On February 1, 2016 CMS published the Covered Outpatient Drug Rule. This rule became final on April 1, 2016 and implements provisions of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act) pertaining to Medicaid reimbursement for covered outpatient drugs (CODs). The regulations direct the Medicaid programs to reimburse all outpatient covered drugs based on the actual acquisition cost of the medication and the professional dispensing fee if applicable. The Division of Medicaid & Medical Assistance (DMMA) has been applying an Actual Acquisition Cost (AAC) plus a professional dispensing fee since April 1, 2016 for all dispensed products, as well as for medications that are administered in a clinical setting. Medications can be purchased through different avenues depending on the type of entity purchasing the drugs. Prices can be published using multiple methods. DMMA will no longer be using the drug file that list Average Wholesale Prices. The new drug file will contain the Wholesale Acquisition Cost. Additionally, CMS has requested that all possible sources of drugs have a corresponding definition for reimbursement. Drugs reimbursed when administered either in a clinic or physician's office are submitted using a procedure code. These codes have been manually reviewed to establish an acquisition cost for any provider. The SPA is documenting the steps that are taken to develop those reimbursement levels. Summary of Proposal Purpose To add language to the Medicaid State plan to clarify the reimbursement methodology for covered outpatient drugs. Summary of Proposed Changes Effective for services provided on and after January 1, 2017 Delaware Health and Social Services/Division of Medicaid and Medical Assistance (DHSS/DMMA) proposes to amend Attachment 4.19-B Page 14 and Page 14a to clarify the reimbursement methodology for all outpatient medications for the DMMA beneficiaries, by defining the Actual Acquisition Cost Methodology used. Public Notice In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input to the methods and standards governing payment methodology for pharmaceutical services. Comments must be received by 4:30 p.m. on December 1, 2016. CMS Review and Approval The provisions of this draft state plan amendment (SPA) are subject to the Centers for Medicare and Medicaid Services (CMS) review and approval. The draft SPA page(s) may undergo further revisions before and after submittal to CMS based upon public comment and/or CMS feedback. The final version may be subject to significant change. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Provider Manual Update Also, upon CMS approval, the applicable Delaware Medical Assistance Program (DMAP) Provider Policy Specific Manuals will be updated. Manual updates, revised pages or additions to the provider manual are issued, as required, for new policy, policy clarification, and/or revisions to the DMAP program. Provider billing guidelines or instructions to incorporate any new requirement may also be issued. A newsletter system is utilized to distribute new or revised manual material and to provide any other pertinent information regarding manual updates. Fiscal Impact The proposed amendment is being implemented to clarify current practices attested to by DMAP pharmacy providers. Therefore, there is no impact on the General Fund. *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 342RFA 11-01-16.pdf DMMA PROPOSED REGULATION #16-023a REVISED ATTACHMENT 4.19-B Page 14 STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT STATE: DELAWARE METHODS AND STANDARDS FOR ESTABLISHING PAYMENT RATES – OTHER TYPES OF CARE REIMBURSEMENT FOR PHARMACEUTICALS Overview The Delaware Medical Assistance Program (DMAP) will reimburse pharmaceuticals using the lower of: • The usual and customary (U & C) charge to the general public for the product, • National Average Drug Acquisition Cost (NADAC), or if a NADAC is not available the Average Wholesale Price (AWP) minus 19%, • A State-specific maximum allowable cost (DMAC) when the purchase price is not appropriately represented by either the NADAC or the Average Wholesale Price (AWP) minus 19%, • The Federal Upper Limit (FUL) will not be used since the NADAC reflects the actual acquisition cost. • Wholesale Acquisition Cost (WAC), • WAC for legend • WAC minus 2% for non-legend • Delaware Maximum Allowable Cost (DMAC), or • Actual Acquisition Cost (AAC). Methodology for establishing AAC is provided in the table on page Attachment 4.19-B Page 14a. Entities that qualify for special purchasing under Section 602 of the Veterans Health Care Act of 1992, and entities exempt from the Robinson-Patman Price Discrimination Act of 1936 must charge the DMAP no more than their actual acquisition cost (AAC) plus a professional dispensing fee. The AAC must be supported by invoice and payment documentation. Entities that purchase Section 340B of the Public Health Service Act products must request to use these drugs for all DMAP patients, including Medicaid fee-for-service patients and for patients whose care is covered by Medicaid Managed Care Organizations. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Professional Dispensing Fee The professional dispensing fee rate is ten dollars ($10.00). There is one-time professional fee per thirty (30)-day period unless the class of drugs is routinely prescribed for a limited number of days. Definitions Delaware Maximum Allowable Cost (DMAC) - a maximum price set for reimbursement: • When a single source product has Average Selling Prices provided by the manufacturer that indicates the AWP WAC is exaggerated, • When the NADAC does not reflect the most current cost of a multiple source drug, or • If a single provider agrees to a special price. Any willing provider can dispense the product. DMMA PROPOSED REGULATION #16-023b REVISED ATTACHMENT 4.19-B Page 14a STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT STATE: DELAWARE METHODS AND STANDARDS FOR ESTABLISHING PAYMENT RATES – OTHER TYPES OF CARE REIMBURSEMENT FOR PHARMACEUTICALS Federal Upper Limit (FUL) - The FUL is a federally defined price and constitutes the upper limit of reimbursement where a DMAC limit does not exist. Non-Traditional Pharmacy - long term care and specialty pharmacies. Traditional Pharmacy - retail independent and retail chain pharmacies. Reimbursement Policy: • Medicaid reimbursement is limited to only those drugs supplied from manufacturers that have a signed national agreement or approved existing agreement under Section 1927(a) of the Social Security Act. Restrictions in drug coverage are listed on Page 5 Addendum of Attachment 3.1-A of this Plan. • The Actual Acquisition Cost (AAC) for Drug Reimbursement is derived using the methodology in the table below. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Category Ingredient Cost Professional Dispensing Fee Brand Drug NADAC $10 Generic Drug NADAC $10 Drugs Without NADAC WAC for legend and WAC-2% for non-legend; or a Delaware Maximum Allowable Cost, whichever is lower. $10 340B Purchased Drug AAC for dispensed and physician administered drugs. $10 Contract 340B Pharmacy Drugs acquired through the Federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies are not covered. N/A Drugs purchased by 340B entities enrolled with DMMA as utilizing public health service products, which based on specific conditions, must purchase drugs outside of the 340B inventory when that drug is not available or eligible for 340B purchase. NADAC $10 Indian Health Service N/A N/A Federal Supply Schedule AAC $10 Drugs Acquired at Nominal Price AAC $10 Specialty Drugs-Mailed AAC (Invoice price) $27 Drug Not Dispensed by Retail Pharmacy NADAC or WAC, whichever is lower. $10 Physician Administered Drugs AAC N/A Clotting Factor AAC $27 Investigational Drugs (when prior authorized; as a general rule not covered products) AAC $10 Exceptions: • Exceptions of the reimbursement of FUL and DMAC can be made if a physician certifies in their own handwriting that a specific brand is medically necessary. The medical necessity must be documented on a FDA Med-Watch form based on the client experiencing an adverse reaction. • Other Exceptions will be made if documentation provided demonstrates that the product can only be obtained at a higher rate. DIVISION OF PUBLIC HEALTH Statutory Authority: 16 Delaware Code, Section 3103 (16 Del.C. §3103) 16 DE Admin. Code 4205 PUBLIC NOTICE 4205 Vital Statistics Office of Vital Statistics (OVS), Division of Public Health, Department of Health and Social Services, is proposing revisions to the regulations governing Vital Statistics (4205). The regulations are being revised to accommodate changes to the gender listed on an individual's birth certificate. On November 1, 2016, OVS plans to publish as proposed the amended regulations, and hold them out for public comment per Delaware law. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS Copies of the proposed regulations are available for review in the November 1, 2016 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951. Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit same to Jamie Mack by Monday, December 12, 2016, at: Jamie Mack Division of Public Health 417 Federal Street Dover, DE 19901 Email: jamie.mack@state.de.us Phone: (302) 744-4951 *Please Note: (1) The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 346RFA 11-01-16.pdf (2) Due to the size of the proposed regulation, it is not being published here. A copy of the regulation is available at: 4205 Vital Statistics DELAWARE HEALTH CARE COMMISSION DELAWARE HEALTH RESOURCES BOARD Statutory Authority: 16 Delaware Code, Section 9303 (16 Del.C. §9303) PUBLIC NOTICE Delaware Health Resources Management Plan The Delaware Health Resources Board (DHRB) pursuant to Title 16 Chapter 93 of the Delaware Code proposes to revise its Health Resources Management Plan (HRMP) regulation 16 Del.C. §9303(d)(1). The purpose of the plan is to establish the core set of common review considerations for use in reviewing Certificate of Public Review (CPR) applications. The proposed amendment seeks to clarify detail and fully update the edition of the HRMP to promote alignment with Delaware's existing statewide policy aimed at improving health outcomes, health care quality and patient experience, lowering growth in per capital health care costs and enhancing provider satisfaction. As per recommendations of Joint Sunset Committee in 2012, this is the first full document revision of the HRMP. The board will hold a public hearing on the proposed HRMP amendment on December 5, 2016 at 1:00 p.m. at Delaware Technical Community College Terry Campus, Corporate Training Center, Rooms 400 A and B, 100 Campus Drive, Dover DE. Written comments should be sent to Latoya Wright, Staff to the DHRB at Delaware Health Care Commission, 410 Federal Street, Suite 7, Margaret O'Neill Building, Third Floor, Dover, DE 19901. Written comments will be accepted until January 5, 2017. *Please Note: (1) The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 347RFA 11-01-16.pdf (2) Due to the size and formatting of the proposed regulation, it is not being published here. A link to a PDF version of the proposed regulation is provided below: Health Resources Management Plan (Delaware Health Resources Management Plan) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS DEPARTMENT OF JUSTICE FRAUD AND CONSUMER PROTECTION DIVISION INVESTOR PROTECTION UNIT Statutory Authority: 6 Delaware Code, Section 73-102(b) (6 Del.C. §73-102(b)) PUBLIC NOTICE Rules Pursuant to the Delaware Securities Act In compliance with the State’s Administrative Procedures Act (APA -Title 29, Chapter 101 of the Delaware Code) and section 73-102(b) of Title 6 of the Delaware Code, the Investor Protection Unit of the Delaware Department of Justice (“the Unit”) hereby publishes notice of a proposed revision to the Rules Pursuant to the Delaware Securities Act. Persons wishing to comment on the proposed revision may submit their comments in writing to: Gregory C. Strong Investor Protection Director Department of Justice, Investor Protection Unit State Office Building, 5th Floor 820 N. French Street Wilmington, DE 19801 The comment period on the proposed revision will be held open for a period of thirty days from the date of the publication of this notice in the Delaware Register of Regulations. SUMMARY OF THE PROPOSED REVISION The proposed revision amends several existing Rules and creates several new Rules as follows: The proposed revision includes an amendment of Rule 401 relating to registration of securities offerings by qualification. This amendment includes a provision that permits issuers offering securities pursuant to Regulation A Tier 1 to file a copy of Form 1-A with our office, in lieu of a registration statement, when registering their offering. Section 73-102(b) and section 73-204(f) of the Delaware Securities Act (the "Act") authorize the Investor Protection Director (the "Director") to make such an amendment. The proposed revision adds new Rule 402 which provides an alternative uniform process by which small corporate issuers may register by qualification. The registration process in Rule 402 is commonly known as Small Corporate Offering Registration ("SCOR"). Specifically, SCOR provides certain issuers a uniform treatment of offerings that are exempt from federal registration under Regulation A, as well as Rule 504 of Regulation D. The previous SCOR rule also included offerings relying on Section 3(a)(11) of the1933 Act, but references to those offerings have been stricken from this re-proposed version because they are now covered by the new intrastate crowdfunding exemption from registration. Other than that, new Rule 402 largely reinstates old Rule 402, which was previously repealed. Section 73-102(b) and section 73-204(f) of the Act authorize the Director to make such a Rule. Rule 404, pertaining to fees, is amended to require a fee for notice filings of Regulation A - Tier 2 Offerings. The proposed fee is identical to the current fee for notice filing by Form D. Sections 73-102(b) and 73-208(c) of the Act authorize the Director to require a fee for such filings. Rule 404 is also amended to require a fee for notice filings of intrastate crowdfunding offerings. Sections 73-102(b) and 73-207(b)(15) (effective November 8, 2016) of the Act authorize the Director to require a fee for such filings. Rule 406, pertaining to notice filing of Form D, is amended consistent with a December 9, 2014 Order Adopting The Electronic Filing Depository as a Permissible Means of Filing Form D. The amendment also mandates the use of Electronic Filing Depository for such notice filings as of June 1, 2017. Section 73-102 of the Act authorizes the Director to make such an amendment. The proposed revision adds new Rule 407 to the Rules. Rule 407 requires issuers of securities relying on the exemption from registration in Section 3(b)(2) of the Securities Act of 1933 and Rule 251(a)(2) pursuant to the Securities Act of 1933, known as Regulation A Tier 2 offerings, to file notice with the Director. Sections 703-102(b) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS and 73-208(c) of the Act authorize the Director to require such filings. This new Rule is based on a NASAA model rule and will promote uniformity with other states that also choose to adopt the model rule to cover notice filings for Regulation A Tier 2 offerings. The proposed revision adds new Rule 408 to the Rules. Rule 408 pertains to the new intrastate crowdfunding exemption and provides detail regarding the notice filing issuers relying on this exemption are required to file as well as detail regarding the registration requirements for Internet Site Operators involved in intrastate crowdfunding offerings. Sections 73-102(b) and 73-207(b)(15) (effective November 8, 2016) of the Act authorize the Director to make such a Rule. Rule 508, pertaining to the Manual Exemption, is amended to strike an out of print manual from the list and to add two new manuals published by OTC Markets. Sections 73-102 and 73-207(b)(2)d. of the Act authorize the Director to make such an amendment. *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 348RFA 11-01-16.pdf Rules Pursuant to the Delaware Securities Act (Break in Continuity of Sections) Part D. Securities Registration and Notice Filings (Break in Continuity of Sections) 401 Registration by Qualification (a) Any security may be registered by qualification. A person who seeks to register a security by qualification shall file with the Unit the following documents and information: (Break in Continuity Within Section) (3) One copy of an executed registration statement which complies with SEC Form S-1, together with all exhibits, which shall include all information required under Sections 73-204(b)(1)-(16) and 73205( b) of the Act. For securities offerings pursuant to Tier 1 of Regulation A for which Form 1-A has been filed with the SEC, filing a copy of Form 1-A with the Unit will satisfy the registration statement filing requirement. (Break in Continuity Within Section) 402 Repealed Small company offering registrations (a) Availability of Small Company Offering Registration ("SCOR"). (1) An issuer may register securities by qualification under Section 73-204 of the Act by using the Form U-7 (Small Company Offerings Registration Form) if the conditions set forth in this regulation and in the instructions to Form U-7 are satisfied. (2) In general, a company may do a SCOR offering if it is relying upon an exemption from registration with the SEC under the Federal Securities Act of 1933 provided by SEC Regulation A Tier 1 (17 C.F.R. §§230.251-263) or Rule 504 of SEC Regulation D (17 C.F.R. §230.504). (3) Under SEC Regulation A, the aggregate amount of a Tier 1 offering cannot exceed $20,000,000.00. Under Rule 504 of SEC Regulation D, the aggregate offering amount cannot be more than $1,000,000.00. (b) Prospectus. A completed Form U-7 that has been declared effective by the Commissioner shall serve as the prospectus for an offering registered under this regulation. (c) Eligibility of Issuer. To be eligible to register securities under this regulation, the issuer must satisfy the following conditions: (1) The issuer is a corporation or centrally managed limited liability company organized under the law of the United States or Canada, or any state, province, or territory or possession thereof, or the District of Columbia and have its principal place of business in one of the foregoing; DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 350 PROPOSED REGULATIONS (2) The issuer is not subject to the reporting requirements of Sections 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. §§78m, 78o(d); (3) The issuer is not an investment company registered or required to be registered under the Investment Company Act of 1940, 15 U.S.C. §§80a-1 to 80a-52; (4) The issuer is not engaged in and does not propose to be engaged in petroleum exploration and production, mining, or other extractive industries; (5) The issuer is not a development stage company that either has no specific business plan or purpose or has indicated that its business plan is to engage in a merger or acquisition with an unidentified company or companies or other entity or person; and (6) The issuer is not disqualified under subsection (i) of this regulation. (d) Minimum price. The offering price for common stock or common ownership interests (hereinafter, collectively referred to as common stock), the exercise price for options, warrants, or rights to common stock, or the conversion price for securities convertible into common stock, must be greater or equal to $1.00 per share or unit of interest. The issuer must agree with the administrator that it will not split its common stock, or declare a stock dividend for two years after the effective date of the registration if such action has the effect of lowering the price below $1.00. (e) Commissions, fees or other remuneration for soliciting any prospective purchaser in connection with the offering in the state are only paid to persons who, if required to be registered or licensed, the issuer believes, and has reason to believe, are appropriately registered or licensed in the state. (f) Financial statements shall be prepared in accordance with either U.S. or Canadian generally accepted accounting principles. If appropriate, a reconciliation note should be provided. If the company has not conducted significant operations, statements of receipts and disbursements shall be included in lieu of statements of income. Interim financial statements may be unaudited. All other financial statements shall be audited by independent certified public accountants; provided, however, that if each of the following four conditions are met, such financial statements in lieu of being audited may be reviewed by independent certified public accountants in accordance with the Accounting and Review Service Standards promulgated by the American Institute of Certified Public Accountants or the Canadian equivalent: (1) the company shall not have previously sold securities through an offering involving the general solicitation of prospective investors by means of advertising, mass mailing, public meetings, "cold call" telephone solicitation, or any other method directed toward the public; (2) the company has not been previously required under federal, state, provincial or territorial securities laws to provide audited financial statements in connection with any sale of its securities; (3) the aggregate amount of all previous sales of securities by the company (exclusive of debt financing with banks and similar commercial lenders) shall not exceed $1,000,000.00; and (4) the amount of the present offering does not exceed $1,000,000.00. (g) The offering shall be made in compliance with Rule 504 of Regulation D or Regulation A. (h) Filing Requirements and Fees. The issuer shall file an executed Form U-1, Form U-2, Form U-2A, Form U-7 with exhibits, and shall include the fee required by Rule 404. In addition, if the offering is made pursuant to Rule 504 of Regulation D, the issuer shall file a copy of its Form D as part of its SCOR application; if the offering is made pursuant to Regulation A, the issuer shall file a copy of its Form 1-A as part of its SCOR application. That filing shall be made with the Commissioner at the same time it is filed with the SEC. (i) Disqualification. Unless the Commissioner determines that it is not necessary under the circumstances that the disqualification under this section be applied, application for registrations under this regulation shall be denied if the issuer, any of its officers, directors, ten percent or greater stockholders, promoters, or selling agents, or, any officer, director or partner of any selling agent: (1) has filed an application for registration which is subject to a currently effective stop order entered pursuant to any state or provincial securities laws within ten years prior to the filing of the registration statement; DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS (2) has been convicted, within ten years prior to the filing of the current application for registration, of any felony or misdemeanor in connection with the offer, purchase, or sale of securities, or of any felony involving fraud or deceit, including, but not limited to, forgery, embezzlement, obtaining money under false pretenses, larceny, or conspiracy to defraud; (3) is currently subject to any state or provincial administrative enforcement order or judgment entered by that state's or province's securities administrator within ten years prior to the filing of the current application for registration; (4) is subject to any state or provincial administrative enforcement order or judgment in which fraud or deceit, including, but not limited to, making untrue statements of material facts and omitting to state material facts, was found, and the order or judgment was entered within ten years prior to the filing of the current application for registration; (5) is subject to any state or provincial administrative enforcement order or judgment which prohibits, denies, or revokes the use of any exemption from registration in connection with the offer, purchase or sale of securities; (6) is currently subject to any order, judgment, or decree of any court of competent jurisdiction that temporarily, preliminarily, or permanently restrains or enjoins such party from engaging in or continuing any conduct or practice in connection with the purchase or sale of any security, or involving the making of any false filing with the state, entered within ten years prior to the filing of the current application for registration; or (7) has violated the law of a foreign jurisdiction governing or regulating any aspect of the business of securities or banking or, within the past ten years, has been the subject of an action of a securities regulator of a foreign jurisdiction denying, revoking or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser or investment adviser representative, or is the subject of an action of any securities exchange or self-regulatory organization operating under the authority of the securities regulator of a foreign jurisdiction suspending or expelling such person from membership in such exchange or self-regulatory organization. (j) Waiver of disqualifications. Any of the disqualifications listed in subsection (i) of this Regulation may be waived if the Commissioner in the exercise of his discretion should find good cause for such waiver. (Break in Continuity of Sections) 404 Fees (Break in Continuity Within Section) (d) The fee for notice filings for covered securities under Section 18(b)(3) of the Securities Act of 1933 pursuant to Section 73-208(c) of the Act shall be one half of one percent of the maximum aggregate offering price of securities to be offered in Delaware during the initial registration period, but not less than $200.00 or more than $1,000.00. (e) The fee for notice filings for offerings pursuant to the Intrastate Crowdfunding exemption in Section 73207( b)(15) and Rule 408 shall be $300.00. (df) All filing fees are due at the time of the initial application. No application fee is refundable even though an application may be withdrawn or denied. (eg) Any filing fee required by these Rules that is not paid when due shall be doubled, unless the Director waives the late payment, but in no case shall the total fee be more than the relevant statutory maximum amount. (Break in Continuity of Sections) 406 Notice Filings For Covered Securities Under Section 18(b)(4)(DE) of the U.S. Securities Act of 1933 (Break in Continuity Within Section) (c) Form D notice filings and related fees may be filed electronically with and transmitted to the Electronic Filing Depository ("EFD"), an internet based filing service operated and developed by the North DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS American Securities Administrators Association. Effective June 1, 2017, all such notice filings shall be submitted electronically through EFD. (1) Any documents or fees required to be filed with the Director that are not permitted to be filed with, or cannot be accepted by, EFD shall be filed directly with the Director. (2) A duly authorized person of the issuer shall affix his or her electronic signature to the Form D filing by typing his or her name in the appropriate fields and submitting the filing to the Electronic Data Gathering, Analysis and Retrieval System ("EDGAR"). Submission of a filing shall constitute irrefutable evidence of legal signature by any individual whose name is typed on the filing. 407 Notice Filings for SEC Tier 2 Regulation A Filings (a) Initial filing. An issuer planning to offer or sell securities in Delaware exempt from registration under Tier 2 of Regulation A, Rule 251(a)(2) and Section 18(b)(3) of the Securities Act of 1933, shall submit the following prior to the initial offer and/or sale: (1) A completed Regulation A - Tier 2 notice filing form or copies of all documents filed with the Securities and Exchange Commission; (2) A consent to service of process on Form U-2 if not filing on the Regulation A - Tier 2 notice filing form; and (3) The filing fee prescribed by Section 73-208(c) and Rule 404(d). (b) Effective period. The initial notice filing is effective for twelve months. 408 Intrastate Crowdfunding (a) Each issuer of securities relying on the intrastate crowdfunding exemption found in 6 Del.C. §73207( b)(15) shall file a notice with the Investor Protection Unit pursuant to 6 Del.C. §73-207(b)(15)(h) on Form DCF. The notice must include all documentation required by Form DCF and shall be filed with the Investor Protection Unit no later than ten days prior to the first offer of securities in reliance on the exemption. Incomplete filings will be rejected. The filing fee required by Section 73-207(b)(15)(o) and Rule 404(e) shall be submitted with the filing. (b) Each internet site operator participating in a securities offering pursuant to the intrastate crowdfunding exemption found in 6 Del.C. §73-207(b)(15) shall register with the Investor Protection Unit by filing Form DIO, unless exempted from registration by 6 Del.C. §73-207(b)(15)(k)(2). Registrations must be received and approved prior to the internet site operator participating in a securities offering. Incomplete registrations will be rejected. Part E. Exemptions from Registration (Break in Continuity of Sections) 508 Recognized Securities Manuals (a) Each of the following manuals shall be deemed a "Recognized Securities Manual" for the purposes of Section 73-207(b)(2) of the Act: (1) Mergent's Industrial Manual (2) Mergent's Transportation Manual (3) Mergent's Public Utility Manual (4) Mergent's Bank and Finance Manual (5) S&P Capital IQ Standard Corporation Descriptions (65) Fitch's Individual Stock Bulletin (76) Mergent's OTC Industrial Manual (7) OTCQB Market (8) OTCQX Market DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS (b) The term "manual" for purposes of this rule includes all commonly recognized formats of publications, including electronically stored media and electronic dissemination over the internet. *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: Rules Pursuant to the Delaware Securities Act DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WASTE AND HAZARDOUS SUBSTANCES Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C. Ch. 60) 7 DE Admin. Code 1305 REGISTER NOTICE SAN # 2016-03 1305 Universal Recycling Regulations 1. TITLE OF THE REGULATIONS: Universal Recycling Regulations 2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES: The purposes of the proposed regulations are to ensure: the proper programs and collection services for recyclable materials are implemented, maintained, and consistent with the law; the collected recycled materials are diverted from landfill disposal or incineration; the recyclable materials are otherwise properly processed and enter the marketplace; recycling in Delaware can be effectively measured; and that waste diversion is maximized through the reduction of solid waste deposited in our landfills. 3. POSSIBLE TERMS OF THE AGENCY ACTION: No sunset date for the proposed regulations. 4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT: Title 7 Conservation Natural Resources Chapter 60. Environmental Control Subchapter III. Solid Waste Recycling. 5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL: N/A 6. NOTICE OF PUBLIC COMMENT: The hearing record on the proposed Universal Recycling Regulations will be open on November 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Robert.Haynes@state.de.us or via the USPS to Robert Haynes, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE. 19901, (302)739-9921. A public hearing on the proposed regulations will be held on November 21, 2016 beginning at 4:00 PM in the DNREC Auditorium, located in the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901, (302)739-9003. 7. PREPARED BY: Don Long; Donald.long@state.de.us; (302) 739-9403 (x8) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 353RFA 11-01-16.pdf 1305 Universal Recycling Regulations 1.0 Declaration of Intent 1.1 The purposes of these regulations are to ensure the following: 1.1.1 The proper collection services for recyclable materials are implemented, maintained, and consistent with 7 Del.C. Ch. 60 Subchapter III. 1.1.2 Recyclables enter the marketplace. 1.1.3 Every residence has access to, and the commercial sector participates in, recycling programs that are both convenient and cost effective, through a comprehensive statewide system of resource recovery in which recycling is maximized and the necessary economies of scale are realized. 2.0 Scope and Applicability 2.1 Authority 2.1.1 These regulations are enacted pursuant to 7 Del.C. §6010(a). 2.1.2 These regulations shall be known as "Universal Recycling Regulations." 2.2 Applicability 2.2.1 These regulations apply to: 2.2.1.1 All persons providing municipal solid waste collection services in the State of Delaware; 2.2.1.2 All persons engaged in the collection, aggregation, transportation, processing, or marketing of source-separated recyclable materials. This includes but is not limited to all contractors, subcontractors, and those who contract for service; 2.2.1.3 Commercial sector entities required by 7 Del.C. §6053(4) to participate in comprehensive recycling; and 2.2.1.4 All property managers that are waste services providers in the single and multi-family residential and the commercial sectors. 2.3 These regulations exist in addition to Universal Recycling requirements and definitions specified in 7 Del.C. §§6051-6059. 3.0 Definitions Notwithstanding any definitions in Chapter 60 or 64 of Title 7 or any other regulatory definitions found in the Delaware Regulations Governing Solid Waste to the contrary, the following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise. "Commercial sector" means any for-profit or not-for-profit retail or wholesale stores, offices, food service establishments, hospitality, utility, warehouses, and other manufacturing, industrial or processing activities, and institutions such as social, charitable, educational, health care, professional and government services. "Marketplace" means a person or persons that utilize the majority, if not all, of the recyclable materials it receives to produce a marketable product. Incinerators, landfills, and other methods of disposal are disqualified as an acceptable marketplace. "Property manager" means the person or persons responsible for supervision, management or administration of the physical maintenance or the financial matters of real property. This includes but is not limited to the owner of the property. "Waste services provider" means the person or persons engaged in providing solid waste collection service to the consumer. This applies to the persons or entities that arrange or contract for the service and the persons or entities that provide that service. The meaning shall be the same for 'Provider of waste service'. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 4.0 General Provisions 4.1 Waste services providers shall: 4.1.1 Not commingle source-separated recyclables with other solid waste; 4.1.2 At a minimum, provide annual notification to their customers that single stream recycling services will be provided, with instructions on participation; and1 4.1.3 Provide multi-family residential customers with single stream recyclables collection containers that are located adjacent, or as close as possible, to the complex's waste disposal containers, so that recycling access is at least as convenient as waste disposal. 4.2 Property managers: 4.2.1 In the single or multi-family residential sectors shall ensure that single stream recycling services are available for tenants in accordance with 7 Del.C. §6053; 4.2.2 In the commercial sector shall ensure that single stream recycling services are available for tenants in a manner that is convenient and cost effective; 4.2.3 At a minimum, provide annual notification to their tenants that single stream recycling services will be provided with instructions on participation; and1 4.2.4 Are not precluded from requiring tenants to source-separate their single stream recyclable materials and place them in the appropriate recycling collection containers. 4.3 The commercial sector shall participate in a comprehensive recycling program. To accomplish this, all commercial sector persons shall: 4.3.1 Perform an annual review of the solid waste generated and maintain records of the review for three years; 4.3.2 Identify recyclables in the solid waste; 4.3.3 Subsequently keep recyclables separate from the solid waste stream; and 4.3.4 Ensure the recyclables enter the marketplace or are collected for recycling. 4.4 If a commercial sector entity has no recycling program or if they regularly have a significant portion of recyclables in their waste stream that are not source separated, they are not participating in a comprehensive recycling program and are subject to enforcement and penalties per Title 7 Chapter 60. 4.5 The exemption for persons who transport solid waste and recyclables from their own property as described in 7 Del.C. §6053(5) shall not include persons who act as a waste services provider to residences or tenants on their own property. DIVISION OF WASTE AND HAZARDOUS SUBSTANCES Statutory Authority: 7 Delaware Code, Chapter 74A; (7 Del.C. Ch. 74A) 7 DE Admin. Code 1352 REGISTER NOTICE SAN#: 2016-14 1352 Aboveground Storage Tanks 1. TITLE OF THE REGULATIONS: Administrative Code Section 1352, Regulations Governing Aboveground Storage Tanks 1. In those instances where the property manager and the waste service provider are one and the same, only one annual notice shall be required. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES: The proposed regulations reflect changes to definitions needed to clarify technical requirements applicable to aboveground storage tank systems. The changes also clarify which version of industry-based reference standards, published by the American Petroleum Institute and other trade organizations, are applicable to aboveground storage tanks that are subject to regulation. Also proposed are minimum distances for locating new aboveground storage tanks near private and public wells that mirror those contained in the Department’s Well Permitting Regulations. Lastly, the proposed changes address technical requirements associated with release reporting and corrective action needed when releases from aboveground storage tanks occur. 3. POSSIBLE TERMS OF THE AGENCY ACTION: There is not a sunset date related to the proposed regulations. 4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT: The statutory basis for these regulations is Title 7 Delaware Code Chapter 74A, Section 7407A. 5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL: None. 6. NOTICE OF PUBLIC COMMENT: The hearing record on the proposed amendments to 7 DE Admin Code Section 1352 Regulations Governing Aboveground Storage Tanks will be open November 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendments will be held on December 6, 2016 beginning at 6:00 PM at the DNREC New Castle Office, 391 Lukens Drive, New Castle, DE 19720. 7. PREPARED BY: Name/Phone: Alex Rittberg, 302-395-2500 Email: Alex.Rittberg@state.de.us *Please Note: (1) The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 355RFA 11-01-16.pdf (2) Due to the size of the proposed regulation, it is not being published here. A copy of the regulation is available at: 1352 Aboveground Storage Tanks DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1700 BOARD OF MEDICAL LICENSURE AND DISCIPLINE Statutory Authority: 24 Delaware Code, Sections 1713(a)(12) and 1769D (24 Del.C. §§1713(a)(12) & 1769D) 24 DE Admin. Code 1700 PUBLIC NOTICE 1700 Board of Medical Licensure and Discipline The Delaware Board of Medical Licensure and Discipline, pursuant to 24 Del.C. §§1713(a)(12) & 1769D, DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS proposes to revise its regulations adding a new regulation clarifying the language in the Medical Practice Act pertaining to telemedicine and telehealth. The Board will hold a public hearing on the proposed regulation change on January 3, 2017 at 3:00 p.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Devashree Brittingham, Executive Director of the Delaware Board of Medical Licensure and Discipline, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until January 18, 2017 pursuant to 29 Del.C. §10118(a). *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 356RFA 11-01-16.pdf 1700 Board of Medical Licensure and Discipline (Break in Continuity of Sections) 19.0 Telemedicine 19.1 A remote, audio-only examination is not an "appropriate in-person examination" as that term is used in 24 Del.C. §1769D(h)(1). 19.2 A remote, audio-only interaction does not meet the standards of establishing a patient-physician relationship pursuant to 24 Del.C. §1769D(h)(4). 19.3 No opioid prescribing is permitted via telemedicine. All other controlled substance prescribing utilizing telemedicine is held to the same standards of care and requisite practice as prescribing for in-person visits. 19.4 For diagnosis using audio and visual communications, the audio and visual communications must be live, real-time communications. *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 1700 Board of Medical Licensure and Discipline DIVISION OF PROFESSIONAL REGULATION 2900 REAL ESTATE COMMISSION Statutory Authority: 24 Delaware Code, Section 2906(a)(1) (24 Del.C. §2906(a)(1)) 24 DE Admin. Code 2900 PUBLIC NOTICE 2900 Real Estate Commission Pursuant to 24 Del.C. §2906(a)(1), the Delaware Real Estate Commission has proposed revisions to its rules and regulations. A public hearing will be held on December 8, 2016 at 9:00 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Real Estate Commission, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to Nicole Williams, administrative specialist for the Commission, at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be December 23, 2016, which is 15 days following the public hearing. The Commission will deliberate on all of the public comments at its regularly scheduled meeting, at which time the Commission will decide whether to adopt the revisions as proposed. The Commission has proposed revisions to provide that licensees are required to update their addresses with DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS the Division of Professional Regulation, and a licensee’s failure to provide an updated address will not excuse that licensee from discipline for continuing education violations. Section 15.0 has been amended to remove crimes not related to the practice of real estate and thereby eliminate unjustified obstacles to licensure. Certain changes have been proposed in the interests of clarity. *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 357RFA 11-01-16.pdf 1.0 Introduction (Break in Continuity Within Section) 1.5 Change of address. A Licensee shall notify the Commission of any change of address from that registered with the Commission. Such notice shall be sent to the Commission by certified mail not later than 30 days following the change of address. A Licensee’s failure to notify the Commission of a change in address will not excuse the Licensee from continuing education audit requirements, including possible sanctions for non-compliance. (Break in Continuity of Sections) 12.0 Reinstatement of Licenses [24 Del.C. §2910] (Break in Continuity Within Section) 12.3 Subsection 12.2 does not apply to a Licensee whose license has been permanently revoked. 13.0 Continuing Education [24 Del.C. §§2909(a)(7), 2910(d)] 13.1 Effective as of the license renewal period beginning May 1, 2012, Licensees shall meet the following CE requirements: (Break in Continuity Within Section) 13.3 At the time of renewal, the Licensee shall attest to completion of the required CE. Attestation shall be completed electronically. (Break in Continuity Within Section) 13.3.9 A Licensee’s failure to notify the Commission of a change in address, as required by subsection 1.5, will not excuse the Licensee from continuing education audit requirements, including possible sanctions for non-compliance. (Break in Continuity of Sections) 15.0 Crimes Substantially Related to the Practice of Real Estate Services [24 Del.C. §2906(c)] 15.1 Conviction of any of the following crimes, or conviction of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of Real Estate Services in the State of Delaware without regard to the place of conviction: 15.1.1 Aggravated menacing. 11 Del.C. §602(b) 15.1.2 Reckless endangering in the first degree. 11 Del.C. §604 15.1.32 Abuse of a pregnant female in the second degree. 11 Del.C. §605 15.1.43 Abuse of a pregnant female in the first degree. 11 Del.C. §606 15.1.54 Assault in the second degree. 11 Del.C. §612 15.1.65 Assault in the first degree. 11 Del.C. §613. 15.1.7 Assault by abuse or neglect. 11 Del.C. §615 15.1.8 Gang participation. 11 Del.C. §616 15.1.9 Terroristic threatening; felony. 11 Del.C. §621(a) and (b) DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 15.1.10 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626 15.1.116 Murder by abuse or neglect in the second degree; class B felony. 11 Del.C. §633 15.1.127 Murder by abuse or neglect in the first degree; class A felony. 11 Del.C. §634 15.1.138 Murder in the second degree; class A felony. 11 Del.C. §635 15.1.149 Murder in the first degree; class A felony. 11 Del.C. §636 15.1.15 Unlawful sexual contact in the third degree; class A misdemeanor. 11 Del.C. §767 15.1.16 Unlawful sexual contact in the second degree; class G felony. 11 Del.C. §768 15.1.170 Unlawful sexual contact in the first degree; class F D felony. 11 Del.C. §769 15.1.181 Rape in the fourth degree; class C felony. 11 Del.C. §770 15.1.192 Rape in the third degree; class B felony. 11 Del.C. §771 15.1.2013 Rape in the second degree; class B felony. 11 Del.C. §772 15.1.2114 Rape in the first degree; class A felony. 11 Del.C. §773 15.1.22 Sexual extortion. 11 Del.C. §776 15.1.2315 Continuous sexual abuse of a child; class B felony. 11 Del.C. §778 15.1.2416 Dangerous crime against a child; class B felony. 11 Del.C. §779 15.1.25 Unlawful imprisonment in the first degree. 11 Del.C. §782 15.1.26 Kidnapping in the second degree; class C felony. 11 Del.C. §783 15.1.217 Kidnapping in the first degree; class B felony. 11 Del.C. §783A 15.1.28 Arson in the third degree; class G felony. 11 Del.C. §801 15.1.2918 Arson in the second degree; class D felony. 11 Del.C. §802 15.1.3019 Arson in the first degree; class C felony. 11 Del.C. §803 15.1.31 Criminal mischief. 11 Del.C. §811 15.1.32 Trespassing with intent to peep or peer. 11 Del.C. §820 15.1.33 Burglary in the third degree. 11 Del.C. §824 15.1.3420 Burglary in the second degree; class D felony. 11 Del.C. §825 15.1.3521 Burglary in the first degree; class C felony; class B felony. 11 Del.C. §826 15.1.22 Home invasion; class B felony. 11 Del.C. §826A. 15.1.36 Possession of burglar's tools or instruments facilitating theft. 11 Del.C. §828 15.1.37 Robbery in the second degree; class E felony. 11 Del.C. §831 15.1.3823 Robbery in the first degree; class B. 11 Del.C. §832 15.1.3924 Carjacking in the second degree. 11 Del.C. §835 15.1.4025 Carjacking in the first degree; class C felony; class B felony. 11 Del.C. §836 15.1.41 Shoplifting; felony. 11 Del.C. §840 15.1.4226 Theft; class D or B felony. 11 Del.C. §841 15.1.4327 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842 15.1.4428 Theft; false pretense. 11 Del.C. §843 15.1.4529 Theft; false promise. 11 Del.C. §844 15.1.4630 Theft of services. 11 Del.C. §845 15.1.4731 Extortion; class E felony. 11 Del.C. §846 15.1.4832 Misapplication of property; class G felony. 11 Del.C. §848 15.1.49 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; felony. 11 Del.C. §850 15.1.5033 Receiving stolen property. 11 Del.C. §851 15.1.5134 Theft of rented property; class G felony. 11 Del.C. §849 15.1.5235 Identity theft; class E felony; class D felony. 11 Del.C. §854 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 15.1.5336 Forgery; class F felony; class G felony. 11 Del.C. §861 15.1.54 Possession of forgery devices; class G felony. 11 Del.C. §862 15.1.5537 Falsifying business records. 11 Del.C. §871 15.1.5638 Tampering with public records in the first degree; class E felony. 11 Del.C. §876 15.1.5739 Offering a false instrument for filing. 11 Del.C. §877 15.1.5840 Issuing a false certificate; class G felony. 11 Del.C. §878 15.1.5941 Defrauding secured creditors. 11 Del.C. §891 15.1.6042 Fraud in insolvency. 11 Del.C. §892 15.1.6143 Interference with levied-upon property. 11 Del.C. §893 15.1.6244 Issuing a bad check; felony. 11 Del.C. §900 15.1.6345 Unlawful use of credit card; felony. 11 Del.C. §903 15.1.6446 Reencoder and scanning devices. 11 Del.C. §903A 15.1.6547 Deceptive business practices. 11 Del.C. §906 15.1.66 Criminal impersonation. 11 Del.C. §907 15.1.67 Criminal impersonation, accident related. 11 Del.C. §907A 15.1.68 Criminal impersonation of a police officer. 11 Del.C. §907B 15.1.69 Unlawfully concealing a will. 11 Del.C. §908 15.1.7048 Securing execution of documents by deception. 11 Del.C. §909 15.1.7149 Debt adjusting. 11 Del.C. §910 15.1.7250 Fraudulent conveyance of public lands; class G felony. 11 Del.C. §911 15.1.7351 Fraudulent receipt of public lands; class G felony. 11 Del.C. §912 15.1.7452 Insurance fraud; class G felony. 11 Del.C. §913 15.1.75 Health care fraud. 11 Del.C. §913A 15.1.7653 Home improvement fraud; class G felony. 11 Del.C. §916 15.1.7754 New home construction fraud; class C felony, class F felony, class G felony. 11 Del.C. §917 15.1.78 Unauthorized access. 11 Del.C. §932 15.1.79 Theft of computer services. 11 Del.C. §933 15.1.80 Interruption of computer services. 11 Del.C. §934 15.1.81 Misuse of computer system information. 11 Del.C. §935 15.1.82 Destruction of computer equipment. 11 Del.C. §936 15.1.83 Unrequested or unauthorized electronic mail or use of network or software to cause same. 11 Del.C. §937 15.1.84 Failure to promptly cease electronic communication upon request. 11 Del.C. §938 15.1.855 Dealing in children; class E felony. 11 Del.C. §1100 15.1.856 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1100 15.1.857 Sexual exploitation of a child; class B felony. 11 Del.C. §1108. 15.1.858 Unlawfully dealing in child pornography; class D felony. 11 Del.C. §1109 15.1.859 Possession of child pornography; class F felony. 11 Del.C. §1111 15.1.960 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112 15.1.961 Sexual solicitation of a child; class C felony. 11 Del.C. §1112A 15.1.92 Bribery; class E felony. 11 Del.C. §1201 15.1.93 Receiving a bribe; class E felony. 11 Del.C. §1203 15.1.94 Giving unlawful gratuities. 11 Del.C. §1205 15.1.95 Receiving unlawful gratuities. 11 Del.C. §1206 15.1.96 Improper influence. 11 Del.C. §1207 15.1.97 Official misconduct. 11 Del.C. §1211 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 15.1.98 Profiteering. 11 Del.C. §1212 15.1.9962 Perjury in the second degree; class F felony. 11 Del.C. § 1222 15.1.10063 Perjury in the first degree; class D felony. 11 Del.C. §1223 15.1.10164 Making a false written statement. 11 Del.C. §1233 15.1.102 Terroristic threatening of public officials or public servants; felony. 11 Del.C. §1240 15.1.103 Hindering prosecution; felony. 11 Del.C. §1244 15.1.104 Falsely reporting an incident; felony. 11 Del.C. §1245 15.1.105 Escape in the second degree. 11 Del.C. §1252 15.1.106 Escape after conviction. 11 Del.C. §1253 15.1.107 Promoting prison contraband; felony. 11 Del.C. §1256 15.1.108 Bribing a witness. 11 Del.C. §1261 15.1.109 Bribe receiving by a witness. 11 Del.C. §1262 15.1.110 Tampering with a witness. 11 Del.C. §1263 15.1.111 Interfering with child witness. 11 Del.C. §1263A 15.1.112 Bribing a juror. 11 Del.C. §1264 15.1.113 Bribe receiving by a juror. 11 Del.C. §1265 15.1.114 Tampering with a juror. 11 Del.C. §1266 15.1.115 Misconduct by a juror. 11 Del.C. §1267 15.1.116 Tampering with physical evidence; class G felony. 11 Del.C. §1269 15.1.117 Unlawful grand jury disclosure. 11 Del.C. §1273 15.1.11865 Hate crimes; class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. 11 Del.C. §1304 15.1.119 Stalking; felony. 11 Del.C. §1312A 15.1.120 Violation of privacy; felony. 11 Del.C. §1335 15.1.12166 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338 15.1.12267 Carrying a concealed deadly weapon. 11 Del.C. §1442 15.1.12368 Possessing a destructive weapon. 11 Del.C. §1444 15.1.12469 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445 15.1.12570 Possession of a deadly weapon during commission of a felony; class B felony. 11 Del.C. §1447 15.1.12671 Possession of a firearm during commission of a felony; class B felony. 11 Del.C. §1447A 15.1.127 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448. 15.1.128 Giving a firearm to person prohibited. 11 Del.C. §1454 15.1.129 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455 15.1.13072 Removing a firearm from the possession of a law enforcement officer; class C felony. 11 Del.C. §1458 15.1.13173 Organized Crime and Racketeering, Class B Felony. 11 Del.C. §1504 15.1.132 Victim or Witness Intimidation 11 Del.C. §3532 and 3533 15.1.133 Abuse of patient or resident in nursing home; Class D felony; Class G felony; Class A felony. 16 Del.C. §1136(a) 15.1.1374 Abuse of patient or resident in nursing home; Class D felony; Class G felony; Class A felony. 16 Del.C. §1136(a) 15.1.1375 Financial exploitation of residents or patients; felony. 16 Del.C. §1136(b) 15.1.1376 Drug dealing - aggravated possession; class B felony. 16 Del.C. §4752 15.1.1377 Drug dealing - aggravated possession; class C felony. 16 Del.C. §4753 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS 15.1.1378 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A 15.1.1379 Any offense under the Uniform Controlled Substances Act, Title 16 of the Delaware Code, in violation of the aggravating factors in 16 Del.C. §4751A 15.1.140 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor] 15.1.14180 Third or more conviction for driving a vehicle while under the influence or with a prohibited alcohol or drug content; felony. 21 Del.C. §4177(a); 21 Del.C. §4177(d)(3)-(7) 15.1.14281 Attempt to evade or defeat tax. 30 Del.C. §571 15.1.14382 Failure to collect or pay over tax. 30 Del.C. §572 15.1.14483 Failure to file return, supply information or pay tax. 30 Del.C. §573 15.1.14584 Fraud and false statements. 30 Del.C. §574 15.1.146 Misdemeanors [tax related]. 30 Del.C. §576 15.1.147 Obtaining benefit under false representation; felony. 31 Del.C. §1003 15.1.148 Reports, statements and documents; felony. 31 Del.C. §1004 15.1.149 Kickback schemes and solicitations. 31 Del.C. §1005 15.1.150 Conversion of payment. 31 Del.C. §1006 15.1.15185 Violations of the Securities Act. 6 Del.C. §7322 Ch. 73 15.1.152 Attempt to Intimidate. 11 Del.C. §3534 15.1.153 Alteration, Theft or Destruction of Will. 12 Del.C. §210 15.1.15486 Financial exploitation of infirm adult; felony. 31 Del.C. §3913 15.1.15587 Prohibited trade practices against infirm or elderly. 6 Del.C. §2581 15.1.15688 Prohibition of intimidation [under the Fair Housing Act]; felony. 6 Del.C. 9 15.1.15789 Knowing or reckless abuse of an infirm adult; Class D felony; Class E felony; Class G felony; Class A felony. 31 Del.C. §3913 15.2 Crimes substantially related to the practice of Real Estate Services 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. *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 2900 Real Estate Commission EXECUTIVE DEPARTMENT DELAWARE ECONOMIC DEVELOPMENT AUTHORITY Statutory Authority: 29 Delaware Code, Section 5053(k), (29 Del.C. §5053(k)) 1 DE Admin. Code 401 PUBLIC NOTICE 401 Procedures Regarding Non-State Guaranteed Bonds The Delaware Economic Development Authority gives notice of a proposed amendment to the Procedures Governing Non-State Guaranteed Bonds. The purpose of this amendment is to provide guidelines for the review of Non-State Guaranteed bond offerings to protect the financial integrity of the State’s authority to issue non- guaranteed and general obligation financing. This amendment is particularly focused on non-rated or below investment grade Non-State Guaranteed Bond offerings. The amendment will require the Secretary to consult a DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS qualified independent investment advisor to assess the financial viability of applications for bonds. The Chairperson will have the discretion to waive this requirement if the proposed bond offering is projected or rated above BBB- by a nationally recognized rating agency, or a bank is underwriting the offering. The Authority does not plan to hold a public hearing on the proposed amended regulation. The proposed amended regulation appears below and can also be viewed at the Delaware Economic Development Office’s website at: http://dedo.delaware.gov. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amended regulation. Any written submission in response to this notice and relevant to the proposed amended regulation must be received by the Authority no later than December 1, 2016. Any such requests should be directed to: Amber Mudri Delaware Economic Development Authority 99 King’s Highway Dover, DE 19901 Phone: (302) 672-6818 Fax: (302) 739-5749 Email: amber.mudri@state.de.us *Please Note: The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 362RFA 11-01-16.pdf 401 Procedures Regarding Non-State Guaranteed Bonds (Break in Continuity of Sections) 4.0 Application Procedures 4.1 An application to the Authority for the approval of the issuance of a Bond shall be made on the application form provided by the Authority and must be completed according to the requirements stated therein. One (1) original and nine (9) copies of the completed application should be submitted to the Authority on or before the first (1st) day of the month preceding the month during which the council on Development Finance ("Council") will be asked to review an application. For example, for an application to be eligible for review by the Council at a May meeting, it should be submitted to the Authority on or before April 1. 4.2 The Authority shall consult a qualified independent financial advisor to assess the financial viability of Non-State Guaranteed Bond applications prior to the application being forwarded to the Council. In the event that the proposed Non-State Guaranteed Bond offering is projected or rated above BBB- by a nationally recognized rating agency, or a bank is underwriting the offering, the Chairperson may waive this requirement. *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 401 Procedures Regarding Non-State Guaranteed Bonds DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 PROPOSED REGULATIONS DELAWARE ECONOMIC DEVELOPMENT OFFICE Statutory Authority: 29 Delaware Code, Section 5053(k), (29 Del.C. §5053(k)) 1 DE Admin. Code 476, 477, & 478 PUBLIC NOTICE 476 Energy Alternatives Program Regulation 477 Information Technology Training Grant Program Regulation 478 Neighborhood Assistance Act Tax Credit Program Regulation The Delaware Economic Development Office (DEDO) conducted public hearings in Kent, New Castle and Sussex counties as part of the Governor’s Executive Order designed to re-assess the need for the agency’s regulations. Based on the public hearings and internal agency review of its regulations, DEDO proposes that Section 476 (Energy Alternatives Program Regulation); Section 477 (Information Technology Training Grant Program); and, Section 478 (Neighborhood Assistance Act Tax Credit Program) should be deleted from the administrative code because the programs do not exist or the authorizing statute has been repealed. DEDO does not plan to hold a public hearing on the proposed amendments to be eliminated. The proposed amendments to be eliminated appear below and can also be viewed at the Delaware Economic Development Office’s website at: http://dedo.delaware.gov. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amended regulations. Any written submission in response to this notice and relevant to the proposed amended regulations must be received by DEDO no later than December 1, 2016. Any such requests should be directed to: Amber Mudri Delaware Economic Development Authority 99 King’s Highway Dover, DE 19901 Phone: (302) 672-6818 Fax: (302) 739-5749 Email: amber.mudri@state.de.us *Please Note: (1) The Regulatory Flexibility Analysis and Impact Statement for this regulation, as required by 29 Del.C. Ch. 104, is available at: http://regulations.delaware.gov/register/november2016/proposed/20 DE Reg 364RFA 11-01-16.pdf (2) Due to the size of the proposed regulation, it is not being published here. A copy of the regulation is available at: 476 Energy Alternatives Program Regulation 477 Information Technology Training Grant Program Regulation 478 Neighborhood Assistance Act Tax Credit Program Regulation DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text added at the time of the proposed action. Language which is stricken through indicates text being deleted. Bracketed Bold language] indicates text added at the time the final order was issued. Bracketed bold stricken through] indicates language deleted at the time the final order was issued. Final Regulations The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt within the time allowed of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) REGULATORY IMPLEMENTING ORDER 1105 Standards for School Buses Placed in Production on or after January 1, 2017 I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Secretary of Education intends to create 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017. This regulation is being created to establish new standards for buses built after January 2017, specifically as it relates to current equipment, production and safety features. Notice of the proposed regulation was published in the News Journal and the Delaware State News on September 1, 2016, in the form hereto attached as Exhibit "A". One comment was received from Geoffrey Wolk, a sales representative of Wolfington Body (bus) Company. He suggested that the regulation allow for stainless steel mirror supports instead of the standard black metal mirror supports as these can rust as the bus ages. The Department considered the written comments and decided not to make any changes at this time. The Department believes that the proposed requirement that mirror supports be painted is more appropriate for safety reasons. Painted mirror supports reduce the chance of glare from any reflective part of the bus, and thus may be safer than stainless steel. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to create 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017 in order to establish new standards for buses built after January 2017, specifically as it relates to current equipment, production and safety features. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to create 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017 attached hereto as Exhibit "B" is hereby created. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017 hereby created shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017 created hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 1105 Standards for School Buses Placed in Production on or after January 1, 2017 in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on October 13, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 14th day of October 2016. Department of Education Steven H. Godowsky, Secretary of Education Approved this 14th day of October 2016 *Please note that no changes were made to the regulation as originally proposed and published in the September 2016 issue of the Register at page 141 (20 DE Reg. 141). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 1105 Standards for School Buses Placed in Production on or after January 1, 2017 PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1562 REGULATORY IMPLEMENTING ORDER 1562 English to Speakers of Other Languages (ESOL) Teacher I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the approval of the State Board of Education to amend 14 DE Admin. Code 1562 Teacher of English Learners. The proposed regulation adds a non-regulatory note concerning the passage of an examination of content knowledge, amends the title to accord with current terminology used in the education field, clarifies the additional requirements to obtain the certificate under section 4.0, and adds section 5.0, which recognizes a Standard Certificate English to Speakers of Other Languages (ESOL) issued before January 1, 2017. Notice of the proposed regulation was published in the Register of Regulations on September 1, 2016 in the form attached hereto as Exhibit "A." Persons who wished to present their views regarding the proposed regulation DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS were invited to do so in writing by October 3, 2016. The Professional Standards Board did not receive written comments. On October 6, 2016, the Professional Standards Board made non-substantive changes to the title to accord with current terminology used by the United States Department of Education and to clarify the proposed amendments to section 4.0. The Professional Standards Board believes that the proposed regulation serves to improve the quality of instruction for Delaware's children and that the amendments are designed to improve the quality of the Delaware educator workforce and to improve student performance. On October 6, 2016, the Professional Standards Board signed an order, in the form attached hereto as Exhibit "B", proposing to amend 14 DE Admin. Code 1562 Teacher of English Learners subject to the approval of the State Board of Education. II. FINDINGS OF FACT The Professional Standards Board finds that it is appropriate to amend 14 DE Admin. Code 1562 Teacher of English Learners to add a non-regulatory note concerning the passage of an examination of content knowledge, amend the title to accord with current terminology used by the United States Department of Education, clarify the additional requirements to obtain the certificate under subsection 4.0, and add subsection 5.0, which recognizes a Standard Certificate English to Speakers of Other Languages (ESOL) issued before January 1, 2017. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Professional Standards Board concluded that it is appropriate to amend 14 DE Admin. Code 1562 Teacher of English Learners. Pursuant to 14 Del.C. §1203, the amended regulation attached hereto as Exhibit "A" is hereby approved. IV. TEXT AND CITATION The text of 14 DE Admin. Code 1562 Teacher of English Learners amended hereby shall be in the form attached hereto as Exhibit "A" and said regulation shall be cited as 14 DE Admin. Code 1562 Teacher of English Learners in the Administrative Code. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Professional Standards Board pursuant to 14 Del.C. §1203 on October 6, 2016 and by the State Board of Education on October 13, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in its final form in the Register of Regulations. IT IS SO ORDERED the 6th day of October, 2016 by the Professional Standards Board. Byron Murphy, Chairman David Kohan, Vice Chairman Diane Albanese (absent) Dr. Darren T. Guido Amber Augustus Rosaria Macera Gerald Allen Darlene O’Neill Jennifer Burton Mary Pinkston Stephanie DeWitt Dr. Stephanie Smith (absent) Nelia Dolan Sue Smith Dr. Laura Glass IT IS SO ORDERED the 13th day of October, 2016. Department of Education Steven H. Godowsky, Secretary of Education DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS Approved this 13th day of October, 2016 by the State Board of Education. Teri Quinn Gray, Ph.D., President G. Patrick Heffernan Nina L. Bunting, Vice President Barbara B. Rutt Gregory B. Coverdale, Jr. Terry M. Whittaker, Ed.D. 1562 English to Speakers of Other Languages (ESOL) Teacher Teacher of English [Language] Learners Non-regulatory note: Passage on an examination of content knowledge may also be required to obtain this certification. Pursuant to 14 Del.C. §1220 and 14 DE Admin. Code 1505, an examination of content knowledge is required when applicable and available. An examination of content knowledge is applicable and available when it is required by the Professional Standards Board, in consultation with the Department, and with the approval of the State Board of Education. See the Department of Education’s website for additional information. 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for English to Speakers of Other Languages (ESOL) Teacher Teacher of English [Language] Learners. This certification is required for grades K to 12. 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions 2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.2 The following word[s] and term[s], when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Nationally recognized equivalent examination" means a standardized test which measures knowledge in a specific content area that is nationally recognized as having at a minimum the same rigor and reliability as a Praxis II examination. "Passing score" means a minimum score as established by the Standards Board, in consultation with the Department and with the concurrence approval of the State Board. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an English to Speakers of Other Languages (ESOL) Teacher Teacher of English [Language] Learners to an educator who has met the following: 3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and[,] 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and[,] 3.1.3 Has satisfied the additional requirements in this regulation. 4.0 Additional Requirements An educator must also have met the following: 4.1 Demonstrated oral and written proficiency in English by having completed the following: 4.1.1 Achieved a passing score on an oral proficiency examination in English; and 4.1.2 Achieved a passing score on a written proficiency examination in English; and 4.1.3 The written proficiency and oral proficiency examinations required may be a Praxis II examination if applicable and available or as specified in section 4.2. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS 4.2 If an examination of content knowledge such as Praxis II is not applicable and available for the Standard Certificate requested, an educator must also meet the following: 4.2.1 Where no PRAXIS II examination is applicable and available, nationally recognized equivalent examinations may be substituted. The applicant shall achieve a passing score on the examination as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board. 4.2.2 For the purposes of this regulation, the following test shall be accepted as a nationally recognized equivalent examination: the American Council on the Teaching of Foreign Languages (ACTFL) Oral Proficiency Interview and the ACTFL Writing proficient test. 4.2.2.1 For purposes of this regulation the following shall be considered a passing score: 4.2.2.1.1 For tests of English, candidates are required to achieve as a minimum score an Advanced Low level of the oral skills and an Advanced Low level on the writing skills based on the ACTFL Proficiency Guidelines. 4.3 If the educator is applying for their first Standard certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5.1 the required 15 credits or their equivalent in professional development required in 14 DE Admin. Code 3.1.5.1 that must be satisfactory completed for this standard certificate must at a minimum include the following areas; 4.3.1 Methods of Teaching English as a Second Language (3 credits); 4.3.2 Second Language Acquisition (3 credits); 4.3.3 Teaching Literacy for English Language Learners (3 credits); 4.3.4 Second Language Testing (3 credits); 4.3.5 Structure of the English Language (3 credits). 4.4 If the educator is applying for their second standard Certificate pursuant to 14 DE Admin. Code 1505 Standard Certificate 3.1.5, the satisfactory completion of fifteen (15) credits or their equivalent in professional development in the areas of; 4.4.1 Methods of Teaching English as a Second Language (3 credits); 4.4.2 Second Language Acquisition (3 credits); 4.4.3 Teaching Literacy for English Language Learners (3 credits); 4.4.4 Second Language Testing (3 credits); 4.4.5 Structure of the English Language (3 credits). 4.1 An educator shall also have satisfied each of the following requirements: 4.1.1 Demonstrated oral and written proficiency in English by [either]: 4.1.1.1 Completion of a bachelor’s, master’s, or doctoral degree from a regionally accredited college or university that is located in the United States or in a permanently inhabited territory of the United States; or 4.1.1.2 Achieving a minimum level of Advanced Mid based on the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines on the ACTFL Oral Proficiency Interview (OPI) in English and the ACTFL Writing Proficiency Test (WPT) in English; and [4.1.2 Holding a bachelor’s, master’s, or doctoral degree from a regionally accredited college or university with a major or its equivalent in Teaching English Language Learners from a program approved or recognized as provided in subsection 4.1.2.1; or 4.1.2.1 Required Program Approval or Recognition 4.1.2.1.1 National Council for the Accreditation of Teacher Education (NCATE) recognized educator preparation program; or 4.1.2.1.2 The Council for the Accreditation of Educator Preparation (CAEP) specialty organization recognized educator preparation program; or 4.1.2.1.3 State-approved educator preparation program where the State approval body employed the appropriate standards. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS 4.1.3 Completion of a minimum of fifteen (15) credits or the equivalent thereof in professional development as approved by the Department, with a focus in students who are English Language Learners in the following content areas: 4.1.3.1 Methods of Teaching English as a Second Language (3 credits); 4.1.3.2 Second Language Acquisition (3 credits); 4.1.3.3 Teaching Literacy for English Language Learners (3 credits); 4.1.3.4 Second Language Testing (3 credits); and 4.1.3.5 Structure of the English Language (3 credits). 4.1.2 Completion of either: 4.1.2.1 A bachelor's, master's, or doctoral degree from a regionally accredited college or university with a major or its equivalent in Teaching English Learners from an educator preparation program approved or recognized by National Council for the Accreditation of Teacher Education (NCATE), the Council for Accreditation of Educator Preparation (CAEP), or a state where a state approval body employed the appropriate standards; or 4.1.2.2 A minimum of fifteen (15) credits or the equivalent thereof in professional development as approved by the Department in the following content areas: 4.1.2.2.1 Methods of Teaching English as a Second Language (3 credits); 4.1.2.2.2 Second Language Acquisition (3 credits); 4.1.2.2.3 Teaching Literacy for English Learners (3 credits); 4.1.2.2.4 Second Language Testing (3 credits); and 4.1.2.2.5 Structure of the English Language (3 credits).] 5.0 Past Certification Recognized The Department shall recognize a Standard Certificate English to Speakers of Other Languages (ESOL) Teacher issued before January 1, 2017. A teacher holding such a Standard Certificate issued by the Department before January 1, 2017 shall be considered certified as [an English to Speakers of Other Languages (ESOL) Teacher a Teacher of English Learners]. 6.0 Effective Date This regulation shall be effective on January 1, 2017. DEPARTMENT OF FINANCE OFFICE OF THE STATE LOTTERY Statutory Authority: 29 Delaware Code, Sections 4805(a) and 10003 (29 Del.C. §§4805(a) and 10003) 10 DE Admin. Code 202 ORDER 202 Delaware Lottery Rules and Regulations Policies and Procedures Regarding FOIA Requests AND NOW, this 1st day of November, 2016, in accordance with 29 Del. C. §§4805(a) and 10003, and for the reasons stated below, this ORDER is adopted to amend Section 28 of the Office of the State Lottery's regulations on the policies and procedures regarding Delaware Freedom of Information (FOIA) requests as set forth in its existing regulations, 10 DE Admin. Code 202-28.0. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS NATURE OF PROCEEDINGS On October 20, 2011, the Governor of the State of Delaware signed Executive Order Number 31, which directed each executive branch agency to implement and promulgate uniform Freedom of Information Act policies that are substantially compliant with the form attached to the Executive Order. On December 1, 2011, the Secretary of the Department of Finance issued a final order which promulgated regulations setting forth the policies and procedures regarding FOIA requests. Under 29 Del.C. §4802, the State Lottery Office exists as part of the Department of Finance. Hence, the regulations issued by the Department of Finance provide the FOIA policies and procedures for the Office of the State Lottery. Pursuant to 29 Del.C. §10113(b)(1), regulations describing an agency's procedures for obtaining information are exempted from the notice and public comment requirements of 29 Del.C. Ch. 101. In order to comply with 29 Del. C. §10003, and based on the authority of the Director of the Office of the State Lottery to make non-substantive changes to regulations to make them consistent with changes in law, the Director is adopting final changes to its regulations governing the policies and procedures regarding FOIA requests. Pursuant to 29 Del.C. §10113(b)(5), such changes are exempt from the notice and public comment requirements of 29 Del.C. Ch. 101. The Office of the State Lottery follows the FOIA policy and procedures set forth in 8 DE Admin. Code 500. Hence, Section 28 of 10 DE Admin. Code 202 is hereby amended to rescind and remove Section 28 in its entirety. DECISION AND ORDER CONCERNING THE REGULATIONS NOW THEREFORE, under the statutory authority and for the reasons set forth above, the Director of the Office of the State Lottery does hereby ORDER that the regulations be, and that they hereby are, amended as set forth below. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g). Vernon A. Kirk, Director Office of the State Lottery *Please Note: Due to the size of the final regulation, it is not being published here. A copy of the regulation is available at: 202 Delaware Lottery Rules and Regulations DEPARTMENT OF INSURANCE OFFICE OF THE COMMISSIONER Statutory Authority: 18 Delaware Code, Section 311, 519 and 520 (18 Del.C. §§311, 519 & 520) 18 DE Admin. Code 304 ORDER 304 Standards and Commissioner’s Authority for Companies Deemed to be in Hazardous Financial Condition Proposed amended Regulation 304 relating to Standards and Commissioner's Authority for Companies Deemed to be in Hazardous Financial Condition [Formerly Regulation 70] was published in the Delaware Register of Regulations on September 1, 2016. The comment period remained open until October 3, 2016. There was no public hearing on proposed amended Regulation 304. Public notice of the proposed amended Regulation 304 was published in the Register of Regulations in conformity with Delaware law. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Comments were not received on the proposed amended Regulation 304. No changes were made to the DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS proposed amended Regulation 304. FINDINGS OF FACT Based on Delaware law and the record in this docket, I make the following findings of fact: 1. 18 Del.C. §§311, 519, 520, 5901 and 5905 require a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code. 2. The requirements of proposed amended Regulation 304 best serve the interests of the public and of insurers and comply with Delaware law. DECISION AND EFFECTIVE DATE Based on the provisions of 18 Del.C. §§311, 519, 520, 5901 and 5905; and 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed amended Regulation 304 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final. TEXT AND CITATION The text of proposed amended Regulation 304 last appeared in the Register of Regulations Vol. 20, Issue 3, pages 146-149. IT IS SO ORDERED this 1st day of November, 2016. Karen Weldin Stewart, CIR-ML Insurance Commissioner *Please note that no changes were made to the regulation as originally proposed and published in the September 2016 issue of the Register at page 146 (20 DE Reg. 146). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 304 Standards and Commissioner’s Authority for Companies Deemed to be in Hazardous Financial Condition OFFICE OF THE COMMISSIONER Statutory Authority: 18 Delaware Code, Sections 311, 333, 3371, and 3571S (18 Del.C. §§311, 333, 3371 & 3571S) 18 DE Admin. Code 1313 ORDER 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers Proposed amended Regulation 1313 relating to Arbitration of Health Insurance Disputes Between Carriers and Providers was published in the Delaware Register of Regulations on September 1, 2016. The comment period remained open until October 3, 2016. There was no public hearing on proposed amended Regulation 1313. Public notice of the proposed amended Regulation 1313 was published in the Register of Regulations in conformity with Delaware law. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Comments were received on the proposed amended Regulation 1313 from: • Letter received from Peter J. Shanley, Esquire, on behalf of his clients Emergency Medicine Coalition of Delaware (EMCODE) and the Delaware Chapter of the American College of Emergency Physicians (Delaware ACEP). DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS The collective comments were reviewed and considered, with an additional amendment being suggested. Changes were made to the proposed amended Regulation 1313 by adding a new subsection 9.1.3 that clarifies arbitrations involving emergency care services are already governed by Administrative Code 1316; and those changes are not substantive. FINDINGS OF FACT Based on Delaware law and the record in this docket, I make the following findings of fact: 1. 18 Del.C. §§311, 333, 3371 and 3571S require a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code. 2. The requirements of proposed amended Regulation 1313 best serve the interests of the public and of insurers and comply with Delaware law. DECISION AND EFFECTIVE DATE Based on the provisions of 18 Del.C. §§311, 333, 3371 and 3571S; and 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed amended Regulation 1313 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final. TEXT AND CITATION The text of proposed amended Regulation 1313 last appeared in the Register of Regulations Vol. 20, Issue 3, pages 150-154. IT IS SO ORDERED this 1st day of November, 2016. Karen Weldin Stewart, CIR-ML Insurance Commissioner 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers (Break in Continuity of Sections) 9.0 Additional Provisions for Arbitrations Conducted Pursuant to 18 Del.C. §§3371 and 3571S 9.1 Arbitrations conducted pursuant to 18 Del.C. §§3371 and 3571S shall reflect the objectives of those statutory provisions of protecting consumers from surprise bills and not creating incentives for providers to be out-of-network. 9.1.1 In addition to any other documentation required by this regulation, the parties to these arbitrations may present documentation or arguments during arbitration regarding how a particular award or request for reimbursement may incentivize providers to become out-of-network providers, and the Arbitrator shall consider such documentation and/or arguments in rendering a final decision. 9.1.2 Notwithstanding anything herein to the contrary, an arbitration award in favor of a provider that exceeds the opposing carrier's in-network reimbursement rate shall not be considered prima facie evidence of an incentive for providers to be out-of-network. [9.1.3 The provisions of this Regulation 1313 shall not apply to arbitration which is subject to Regulation 1316 as authorized in 18 Del.C. §3349(b) and 18 Del.C. §3565(b).] *Please note that no additional changes were made to the regulation as originally proposed and published in the September 2016 issue of the Register at page 150 (20 DE Reg. 150). Therefore, the final regulation is not being republished here in its entirety. A copy of the final regulation is available at: 1313 Arbitration of Health Insurance Disputes Between Carriers and Providers DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WATER Statutory Authority: 7 Delaware Code, Sections 6003 and 6010 (7 Del.C. §§6003 & 6010) 7 DE Admin. Code 7301 Secretary's Order No.: 2016-W-0042 7301 Regulations Governing the Construction and Use of Wells Date of Issuance: October 17, 2016 Effective Date of the Amendment: November 11, 2016 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) pursuant to 29 Del.C. §10113(b)(4), DNREC has revised Section 7301 of Title 7 of the Delaware Administrative Code to correct the technical errors found after the final adoption of this regulation (as set forth previously in Secretary’s Order No. 2016-W-0033). Findings of Fact Based on Delaware law and the record as reflected in the prior Secretary’s Order referenced above, I make the following findings of fact: 1. The proposed regulation is not in conflict with Delaware law; and 2. The proposed regulation is an appropriate exercise of the Department’s responsibilities and authority. Decision and Order Concerning the Regulation NOW THEREFORE, under the above-described statutory authority, and for the reasons set forth above, the Secretary of the Delaware Department of Natural Resources and Environmental Control does hereby ORDER that the revisions to 7 DE Admin. Code §7301: Regulations Governing the Construction and Use of Wells, be adopted and promulgated as follows, to wit: 1. Section 3.4 shall be corrected to reflect the proper reference to Section “3.1” instead of “3.1.2”; and 2. Section 5.8.3 shall be corrected to add the word “within” immediately following the word “grouted”, so that the section reads: “All wells shall be grouted within 24 hours after the casing has been set.” The effective date of this Order is ten (10) days from the date of its publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g). David S. Small, Secretary 7301 Regulations Governing the Construction and Use of Wells (Break in Continuity of Sections) 3.0 General Permitting Requirements And Procedures (Break in Continuity Within Section) 3.4 Permit Preparers. All well permit applications shall be prepared and submitted by a Delaware licensed well driller or driver pursuant to subsection 3.1.2 3.1. (Break in Continuity of Sections) 5.0 Well Construction Standards (Break in Continuity Within Section) 5.8 Well Grouting DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS (Break in Continuity Within Section) 5.8.3 All wells shall be grouted within 24 hours after the casing has been set. *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 7301 Regulations Governing the Construction and Use of Wells DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 300 BOARD OF ARCHITECTS Statutory Authority: 24 Delaware Code, Section 306(a)(1) (24 Del.C. §306(a)(1)) 24 DE Admin. Code 300 ORDER 300 Board of Architects The Delaware Board of Architects pursuant to 24 Del.C. §306(a)(1), proposed to revise its regulations. The proposed amendments to the regulations seek to bring the regulations into conformity with current law and remove outdated and inconsistent provisions. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Following publication in the Delaware Register of Regulations on June 1, 2016 a public hearing was held on July 6, 2016. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. At the hearing, the Board accepted as evidence and marked as the Board’s Exhibits 1 and 2 documentation of publication of the notice of the public hearing in the News Journal and the Delaware State News. At the time of the deliberations, the Board considered the following documents: Board Exhibit 1 – Affidavit of publication of the public hearing notice in the News Journal; Board Exhibit 2 – Affidavit of publication of the public hearing notice in the Delaware State News; There was no verbal testimony given at the public hearing on July 6, 2016. No written comments were received by the Board during the initial thirty-day public comment period; nor were any written comments received after the public hearing during the fifteen day 29 Del.C. §10118(a) second public comment period. FINDINGS OF FACT AND CONCLUSIONS 1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board’s regulations. 2. There were no public comments provided to the Board during the two written public comment periods, or the public hearing. 3. Pursuant to 24 Del.C. §306(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute. 4. The proposed changes seek to bring the regulations into conformity with current law and remove outdated and inconsistent provisions. For example, the proposed changes eliminate unnecessary definitions; update the regulations pertaining to reciprocity and training in order to be consistent with recent changes in the statute pertaining to the same; changes the date of renewal from July 31st to January 31st; updates the language on the seal; and adds several drug crimes to the list of crimes related to the practice of architecture. 5. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed changes to the Board’s rules and regulations. 6. Having received no public comments, the Board finds no reason to amend the regulations as proposed. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS DECISION AND ORDER CONCERNING THE REGULATIONS Having found that the proposed changes to the regulations are necessary as outlined herein, the Board finds that the regulations shall be adopted as final in the form as proposed. The exact text of the regulations, as amended, are attached to this order as Exhibit A. These changes will become effective ten days following publication of this order in the Delaware Register of Regulations on November 1, 2016. IT IS SO ORDERED this 7th day of September, 2016 by the Delaware Board of Architects. Kevin W. Wilson, President Paul Guggenberger, RA, Secretary (absent) Daniel Ridgely, RA Donnell McNair, Public Member (absent) Robert Maffia, RA Todd Breck, RA Elizabeth Happoldt, Public Member (absent) Rosemarie Vanderhoogt, Public Member *Please note that no changes were made to the regulation as originally proposed and published in the June 2016 issue of the Register at page 1067 (19 DE Reg. 1067). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 300 Board of Architects DIVISION OF PROFESSIONAL REGULATION 3000 BOARD OF PROFESSIONAL COUNSELORS OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS Statutory Authority: 24 Delaware Code, Section 3006(a)(1) (24 Del.C. §3006(a)(1)) 24 DE Admin. Code 3000 ORDER 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals NATURE AND STAGE OF THE PROCEEDINGS On July 1, 2016, the Delaware Board of Mental Health and Chemical Dependency Professionals published proposed changes to its regulations in the Delaware Register of Regulations, Volume 20, Issue 1. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on August 24, 2016 at a regularly scheduled meeting of the Delaware Board of Mental Health and Chemical Dependency Professionals to receive verbal comments regarding the Board's proposed amendments to its regulations. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED At the time of the deliberations, the Board considered the following documents: Board Exhibit 1 -Affidavit of publication of the public hearing notice in the News Journal; and Board Exhibit 2 -Affidavit of publication of the public hearing notice in the Delaware State News. There was no verbal testimony given at the public hearing on August 24, 2016. No written comments were received by the Board during the initial thirty-day public comment period; one public comment was submitted following the hearing in support of the proposed regulations during the fifteen day 29 Del.C. §10118(a) second public comment period. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 FINAL REGULATIONS FINDINGS OF FACT AND CONCLUSIONS 1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board's regulations. 2. There were no public comments provided to the Board during the first written public comment period, or the public hearing. There was one public comment submitted following the hearing that supported the regulations as proposed. 3. Pursuant to 24 Del.C. §3006(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute. 4. The proposed changes seek to eliminate confusing provisions related to acceptable continuing education credits and amend the list of crimes substantially related to the practice of counseling. 5. The Board finds no reason to amend the regulations as proposed. DECISION AND EFFECTIVE DATE Having found that the proposed changes to the regulations are necessary as outlined herein, the Board finds that the regulations shall be adopted as final in the form as proposed. The exact text of the regulations, as amended, are attached to this order as Exhibit A. SO ORDERED this 28th day of September, 2016. BY THE DELAWARE BOARD OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS Dr. Gregg Drevno, LPCMH (President) Irvin Bowers, Public Member (Vice President) Dr. Rosemary Madl-Young, LCDP, (Secretary) Daniel Cooper, LPCMH James Elder, LCDP Ruth Banta, Public Member Dr. Julius Mullen, LPCMH Elizabeth Vassas, Public Member *Please note that no changes were made to the regulation as originally proposed and published in the July 2016 issue of the Register at page 25 (20 DE Reg. 25). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 GENERAL NOTICES DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) Proposed Amendment to the DDDS HCBS Waiver to Create the Lifespan Waiver HOME AND COMMUNITY-BASED SERVICES WAIVER AMENDMENT In accordance with the public notice requirements of 42 CFR 441.304(e) and (f) and Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives notice related to an amendment to the DDDS HCBS Medicaid Waiver authorized under section 1915(c) of the Social Security Act. Purpose The purpose of this posting is to provide public notice and elicit public input regarding Delaware’s proposed amendment to its current HCBS Waiver that serves individuals with intellectual and developmental disabilities (IDD) to create the Lifespan Waiver. Overview and Summary of Proposed Lifespan Waiver Amendment Delaware proposes to amend the 1915(c) DDDS Waiver to change the criteria for prioritizing entry into the waiver and to increase the waiver enrollment limits to include people with IDD living at home with their family. The amended waiver will be called the “Lifespan Waiver.” Delaware also proposes to add new family support services designed to meet the needs of individuals living with their family to the current menu of waiver services. New services to be added to current waiver are: • community living support (includes respite and other types of personal care) which includes a self- directed option • home and vehicle modifications • assistive technology • specialized equipment and supplies All the services Delaware proposes adding to the current waiver are compliant with the CMS HCBS Rule. The current waiver services are covered under Delaware Statewide Transition Plan for the CMS Settings Rule that recently received initial approval from CMS. Delaware renames the "DDDS Waiver" to the “DDDS Lifespan Waiver” to reflect the continuum of waiver enrollment across the lifespan of the recipients. The source of funds for the state share of the cost of this amendment will be state funds that are already appropriated to DDDS and to DMMA and that are currently being spent on services for this population. There will be no additional cost to the general fund for this amendment if it is approved by CMS. Background The Epilogue of the FY15 and 16 Budget Acts directed DDDS to plan for a “Family Support Waiver”. During the planning phase, DDDS determined that it would be more efficient to amend the current DDDS HCBS Waiver to increase the enrollment cap and to add services targeted to individuals living in the family home rather than to create a new stand-alone waiver application. Public Comment Submission Process As required by 42 CFR Part 441.304, DHSS/DMMA must establish and use a public input process for any changes in the services or operation of the waiver. Per Del. Code, Title 29, Ch. 101 §10118 (a), The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. The opportunity for public written comment shall be extended for a minimum of 15 days after the final public hearing when 1 or more public hearings are held on the proposal. The public is invited to review and DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 GENERAL NOTICES comment on the proposed Lifespan Waiver Amendment. Comments must be received by 4:30 p.m. on December 19, 2016. Comments may be submitted in the following ways: This public notice, the Amendment, and a summary of the Amendment are posted online at: http://www.dhss.delaware.gov/dhss/dmma/ and http://dhss.delaware.gov/dhss/ddds/index.html The DDDS website will indicate the locations at which the hardcopy can be viewed. Individuals may submit written comments using one or all of the following methods: By email: DMMA_PublicHearing@state.de.us (Please identify in the subject line: DDDS Lifespan Waiver Amendment) By fax: 302-255-4481 to the attention of Glyne Williams By written comments sent to: DDDS Lifespan Waiver Amendment Division of Medicaid and Medical Assistance Planning, Policy & Quality Unit 1901 North DuPont Highway P.O. Box 906 New Castle, Delaware 19720-0906 The hardcopy waiver amendment will be available at the following locations from November 1 - December 19, 2016: • DDDS Fox Run Office at: 2540 Wrangle Hill Road, Suite 200, Bear, DE 19701 • Thomas Collins Building at: 540 South Dupont Hwy, 1st Floor, Dover, DE 19901 • At the Woodbrook Office at: 1056 S. Governors Ave, Dover, DE 19904 • On the Stockley Center campus at: 26351 Patriots Way, Georgetown, DE 19947 -101 Lloyd Lane and 101 Boyd Blvd. Public Hearings Notice will be published regarding the amendment in the November 1, 2016 Delaware Register of Regulations. The comment period begins on November 1, 2016 and ends on December 19, 2016. This timeframe allows an additional period of 15 days for the public to comment after the last public meeting. The public will have the opportunity to comment using the process described in the Register notice. Following the comment period, the State reviews, considers, and responds to all comments received. Dates and Locations for Public Meetings for the Lifespan Waiver Amendment 1. NEW CASTLE COUNTY Monday, November 28, 2016, 6-7PM Fox Run Large Training Conference Room 2nd floor 2540 Wrangle Hill road Suite 200 Bear, DE 19701 2. Sussex County Tuesday November 29, 2016, 1-2 pm Thurman Adams State Service Center Conference Room 100 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 GENERAL NOTICES 544 South Bedford Street Georgetown, DE 19947 3. KENT COUNTY Wednesday, November 30, 2016, 3-4 pm Dover Public Library Multi-Purpose Room A 15 Loockerman Plaza Dover, DE 19901 Any public feedback received will be summarized including any changes that will be made as a result of the public comment to the proposed Lifespan Waiver Amendment that will be submitted to CMS. If you require special assistance or auxiliary aids and/or services to participate in the public hearing (e.g., sign language or wheelchair accessibility), please call or e-mail the following contact at least ten (10) days prior to the hearing for arrangements: Lauren Gunton at (302) 255-9561; lauren.gunton@state.de.us The prompt submission of requests helps to ensure the availability of qualified individuals and appropriate accommodations in advance. Stephen M. Groff, Director Division of Medicaid and Medical Assistance 10/5/2016 DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CALENDAR OF EVENTS/HEARING NOTICES DELAWARE RIVER BASIN COMMISSION PUBLIC NOTICE The Delaware River Basin Commission will hold a public hearing on Wednesday, November 9, 2016 beginning at 1:30 p.m. A business meeting will be held the following month on Wednesday, December 14, 2016 beginning at 10:30 a.m. The hearing and meeting are open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania. For more information, visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203 and pamela.bush@drbc.nj.gov. DEPARTMENT OF EDUCATION PUBLIC NOTICE The State Board of Education will hold its monthly meeting on Thursday, November 17, 2016 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE PUBLIC NOTICE Patient Pay Calculation for Division of Developmental Disabilities Services (DDDS) Waiver Recipients In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend, to revise and update, specifically, to the Delaware Social Services Manual (DSSM). Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Kimberly.xavier@state.de.us, or by fax to 302-255-4425 by December 1, 2016. Please identify in the subject line: DDDS Waiver - Patient Pay. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF MEDICAID AND MEDICAL ASSISTANCE PUBLIC NOTICE Pharmaceutical Services – Reimbursement of Covered Outpatient Drugs In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding Pharmaceutical Services, specifically, to clarify reimbursement methodology for covered outpatient drugs. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Kimberly.Xavier@state.de.us, or by fax to 302-255-4425 by December 1, 2016. Please identify in the subject line: Pharmaceutical Services - Reimbursement of Covered Out-Patient Drugs The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CALENDAR OF EVENTS/HEARING NOTICES by other interested persons. DIVISION OF PUBLIC HEALTH PUBLIC NOTICE 4205 Vital Statistics Office of Vital Statistics (OVS), Division of Public Health, Department of Health and Social Services, is proposing revisions to the regulations governing Vital Statistics (4205). The regulations are being revised to accommodate changes to the gender listed on an individual's birth certificate. On November 1, 2016, OVS plans to publish as proposed the amended regulations, and hold them out for public comment per Delaware law. Copies of the proposed regulations are available for review in the November 1, 2016 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951. Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit same to Jamie Mack by Monday, December 12, 2016, at: Jamie Mack Division of Public Health 417 Federal Street Dover, DE 19901 Email: jamie.mack@state.de.us Phone: (302) 744-4951 DELAWARE HEALTH CARE COMMISSION DELAWARE HEALTH RESOURCES BOARD PUBLIC NOTICE Delaware Health Resources Management Plan The Delaware Health Resources Board (DHRB) pursuant to Title 16 Chapter 93 of the Delaware Code proposes to revise its Health Resources Management Plan (HRMP) regulation 16 Del.C. §9303(d)(1). The purpose of the plan is to establish the core set of common review considerations for use in reviewing Certificate of Public Review (CPR) applications. The proposed amendment seeks to clarify detail and fully update the edition of the HRMP to promote alignment with Delaware's existing statewide policy aimed at improving health outcomes, health care quality and patient experience, lowering growth in per capital health care costs and enhancing provider satisfaction. As per recommendations of Joint Sunset Committee in 2012, this is the first full document revision of the HRMP. The board will hold a public hearing on the proposed HRMP amendment on December 5, 2016 at 1:00 p.m. at Delaware Technical Community College Terry Campus, Corporate Training Center, Rooms 400 A and B, 100 Campus Drive, Dover DE. Written comments should be sent to Latoya Wright, Staff to the DHRB at Delaware Health Care Commission, 410 Federal Street, Suite 7, Margaret O'Neill Building, Third Floor, Dover, DE 19901. Written comments will be accepted until January 5, 2017. DEPARTMENT OF JUSTICE FRAUD AND CONSUMER PROTECTION DIVISION INVESTOR PROTECTION UNIT PUBLIC NOTICE Rules Pursuant to the Delaware Securities Act In compliance with the State’s Administrative Procedures Act (APA -Title 29, Chapter 101 of the Delaware Code) and section 73-102(b) of Title 6 of the Delaware Code, the Investor Protection Unit of the Delaware Department of Justice (“the Unit”) hereby publishes notice of a proposed revision to the Rules Pursuant to the DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CALENDAR OF EVENTS/HEARING NOTICES Delaware Securities Act. Persons wishing to comment on the proposed revision may submit their comments in writing to: Gregory C. Strong Investor Protection Director Department of Justice, Investor Protection Unit State Office Building, 5th Floor 820 N. French Street Wilmington, DE 19801 The comment period on the proposed revision will be held open for a period of thirty days from the date of the publication of this notice in the Delaware Register of Regulations. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WASTE AND HAZARDOUS SUBSTANCES PUBLIC NOTICE 1305 Universal Recycling Regulations The purposes of the proposed regulations are to ensure: the proper programs and collection services for recyclable materials are implemented, maintained, and consistent with the law; the collected recycled materials are diverted from landfill disposal or incineration; the recyclable materials are otherwise properly processed and enter the marketplace; recycling in Delaware can be effectively measured; and that waste diversion is maximized through the reduction of solid waste deposited in our landfills. The hearing record on the proposed Universal Recycling Regulations will be open on November 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Robert.Haynes@state.de.us or via the USPS to Robert Haynes, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE. 19901, (302)739-9921. A public hearing on the proposed regulations will be held on November 21, 2016 beginning at 4:00 PM in the DNREC Auditorium, located in the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901, (302)739-9003. DIVISION OF WASTE AND HAZARDOUS SUBSTANCES PUBLIC NOTICE 1352 Aboveground Storage Tanks The proposed regulations reflect changes to definitions needed to clarify technical requirements applicable to aboveground storage tank systems. The changes also clarify which version of industry-based reference standards, published by the American Petroleum Institute and other trade organizations, are applicable to aboveground storage tanks that are subject to regulation. Also proposed are minimum distances for locating new aboveground storage tanks near private and public wells that mirror those contained in the Department’s Well Permitting Regulations. Lastly, the proposed changes address technical requirements associated with release reporting and corrective action needed when releases from aboveground storage tanks occur. The hearing record on the proposed amendments to 7 DE Admin Code Section 1352 Regulations Governing Aboveground Storage Tanks will be open November 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendments will be held on December 6, 2016 beginning at 6:00 PM at the DNREC New Castle Office, 391 Lukens Drive, New Castle, DE 19720. DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CALENDAR OF EVENTS/HEARING NOTICES DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1700 BOARD OF MEDICAL LICENSURE AND DISCIPLINE PUBLIC NOTICE The Delaware Board of Medical Licensure and Discipline, pursuant to 24 Del.C. §§1713(a)(12) & 1769D, proposes to revise its regulations adding a new regulation clarifying the language in the Medical Practice Act pertaining to telemedicine and telehealth. The Board will hold a public hearing on the proposed regulation change on January 3, 2017 at 3:00 p.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Devashree Brittingham, Executive Director of the Delaware Board of Medical Licensure and Discipline, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until January 18, 2017 pursuant to 29 Del.C. §10118(a). DIVISION OF PROFESSIONAL REGULATION 2900 REAL ESTATE COMMISSION PUBLIC NOTICE Pursuant to 24 Del.C. § 2906(a)(1), the Delaware Real Estate Commission has proposed revisions to its rules and regulations. A public hearing will be held on December 8, 2016 at 9:00 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Real Estate Commission, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to Nicole Williams, administrative specialist for the Commission, at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be December 23, 2016, which is 15 days following the public hearing. The Commission will deliberate on all of the public comments at its regularly scheduled meeting, at which time the Commission will decide whether to adopt the revisions as proposed. The Commission has proposed revisions to provide that licensees are required to update their addresses with the Division of Professional Regulation, and a licensee’s failure to provide an updated address will not excuse that licensee from discipline for continuing education violations. Section 15.0 has been amended to remove crimes not related to the practice of real estate and thereby eliminate unjustified obstacles to licensure. Certain changes have been proposed in the interests of clarity. EXECUTIVE DEPARTMENT DELAWARE ECONOMIC DEVELOPMENT AUTHORITY PUBLIC NOTICE 401 Procedures Regarding Non-State Guaranteed Bonds The Delaware Economic Development Authority gives notice of a proposed amendment to the Procedures Governing Non-State Guaranteed Bonds. The purpose of this amendment is to provide guidelines for the review of Non-State Guaranteed bond offerings to protect the financial integrity of the State’s authority to issue non- guaranteed and general obligation financing. This amendment is particularly focused on non-rated or below investment grade Non-State Guaranteed Bond offerings. The amendment will require the Secretary to consult a qualified independent investment advisor to assess the financial viability of applications for bonds. The Chairperson will have the discretion to waive this requirement if the proposed bond offering is projected or rated above BBB- by a nationally recognized rating agency, or a bank is underwriting the offering. The Authority does not plan to hold a public hearing on the proposed amended regulation. The proposed amended regulation appears below and can also be viewed at the Delaware Economic Development Office’s website at: http://dedo.delaware.gov. Any person can file written comments, suggestions, briefs, and compilations DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016 CALENDAR OF EVENTS/HEARING NOTICES of data or other materials concerning the proposed amended regulation. Any written submission in response to this notice and relevant to the proposed amended regulation must be received by the Authority no later than December 1, 2016. Any such requests should be directed to: Amber Mudri Delaware Economic Development Authority 99 King’s Highway Dover, DE 19901 Phone: (302) 672-6818 Fax: (302) 739-5749 Email: amber.mudri@state.de.us DELAWARE ECONOMIC DEVELOPMENT OFFICE PUBLIC NOTICE 476 Energy Alternatives Program Regulation 477 Information Technology Training Grant Program Regulation 478 Neighborhood Assistance Act Tax Credit Program Regulation The Delaware Economic Development Office (DEDO) conducted public hearings in Kent, New Castle and Sussex counties as part of the Governor’s Executive Order designed to re-assess the need for the agency’s regulations. Based on the public hearings and internal agency review of its regulations, DEDO proposes that Section 476 (Energy Alternatives Program Regulation); Section 477 (Information Technology Training Grant Program); and, Section 478 (Neighborhood Assistance Act Tax Credit Program) should be deleted from the administrative code because the programs do not exist or the authorizing statute has been repealed. DEDO does not plan to hold a public hearing on the proposed amendments to be eliminated.The proposed amendments to be eliminated appear below and can also be viewed at the Delaware Economic Development Office’s website at: http://dedo.delaware.gov. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amended regulations. Any written submission in response to this notice and relevant to the proposed amended regulations must be received by DEDO no later than December 1, 2016. Any such requests should be directed to: Amber Mudri Delaware Economic Development Authority 99 King’s Highway Dover, DE 19901 Phone: (302) 672-6818 Fax: (302) 739-5749 Email: amber.mudri@state.de.us DELAWARE REGISTER OF REGULATIONS, VOL. 20, ISSUE 5, TUESDAY, NOVEMBER 1, 2016