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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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 •Attorney General’s Opinions in full text •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: 6 DE Reg. 1541-1542 (06/01/03) Refers to Volume 6, pages 1541-1542 of the Delaware Register issued on June 1, 2003. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been pub­lished in its final form in the Register of Regula­tions, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be sub­ject to review until final agency action on the pro­posal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE CLOSING CLOSING DATE DATE TIME NOVEMBER 1OCTOBER 154:30 P.M. DECEMBER 1NOVEMBER 154:30 P.M. JANUARY 1DECEMBER 154:30 P.M. FEBRUARY 1JANUARY 174:30 P.M. MARCH 1FEBRUARY 154:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. Cumulative Tables........................................................ 506 EMERGENCY DIVISION OF PUBLIC HEALTH 203 Cancer Treatment Program .................................. 509 PROPOSEDProposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters....................... 513 Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Establish Pollutant Minimization Plan Requirements for Point and Non-Point Source Discharges of Toxic Pollutants Following Issuance of a TMDL by either the U. S. Environmental Protection Agency or a Member State, or an Assimilative Capacity Determination by the Delaware River Basin Commission.......................................................... 515 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 2500 Board of Pharmacy, Rule 16.0, Crimes Substantially Related to the Practice of Pharmacy............................................................... 517 2000 Board of Occupational Therapy Practice, rule 7.0, Crimes Substantially Related to the Practice of Occupational Therapy........................ 518 DEPARTMENT OF EDUCATION742 Compensation of District Personnel Under Specific Project Proposals..................................... 520 DIVISION OF SOCIAL SERVICESDMMS; 9026.1, Food Stamp Program........................ 521 DEPARTMENT OF SAFETY AND HOMELAND SECURITYElectronic Red Light Safety Program.......................... 524 DEPARTMENT OF STATE DIVISION OF HISTORICAL AND CULTURAL AFFAIRSHistoric Preservation Tax Credit................................. 526 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION Gaming Control Board, Bingo, Charitable Gambling and Raffles............................................................ 531 2100 Board of Examiners in Optometry...................... 536 DEPARTMENT OF EDUCATION260 General Appeal Procedure for the Child and the Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA...................................................... 537 852 Child Nutrition...................................................... 540 1105 School Transportation......................................... 541 PROFESSIONAL STANDARDS BOARD 323 Certification Computer Science Teacher.............. 552 331 Certification Family and Consumer Services Teacher................................................................ 553 DIVISION OF SOCIAL SERVICES20700.5-20700.5.8, Aquired Brain Injury Waiver Program.................................................... 555 DEPARTMENT OF INSURANCE301 Audited Financial Reports.................................... 557 1404 Long-term Care Insurance.................................. 562 DEPARTMENT OF STATE HUMAN RELATIONS COMMISSION1502 Fair Housing Regulations................................... 591 MERIT EEMPLOYEES RELATIONS BOARDClassification Maintenance Review Appeal Procedures............................................................. 599 GOVERNOR Appointments............................................................... 602 GENERAL NOTICES DEPARTMENT OF INSURANCEForms and Rates Bulletin No. 29, Automobile Liability Policies................................................... 604 CALENDAR OF EVENTS/HEARING NOTICES Delaware Rive Basin Commission, Notice of Public Hearing....................................................... 605 Dept. Of Administrative Services, Div. of Professional Regulation, Board of Pharmacy, Notice of Public Hearing..... 605 Board of Occupational Therapy Practice Notice of Public Hearing............................... 605 State Board of Education Monthly Meeting Notice..... 606 Dept. of Health and Social Services, Div. of Social Services, Food Stamp Program Notice of Public Comment Period.................................... 606 Dept. of Safety & Homeland Security, Notice of Public Hearing....................................................... 606 Dept. of State, Div. of Historical & Cultural Affairs, Notice of Public Comment Period........................ 606 DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations....................................................................................................8 DE Reg. 6 (Prop.) 8 DE Reg. 416 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 1900 Board of Nursing...........................................................................................................8 DE Reg. 377 (Prop.) 2100 Board of Examiners in Optometry.........................................................................8 DE Reg. 16 (Prop.) 3900 Board of Clinical Social Work Examiners....................................................................8 DE Reg. 218 (Prop.) 5300 Board of Massage and Bodywork..................................................................................8 DE Reg. 390 (Prop.) DEPARTMENT OF AGRICULTURE Rule 8.3.3.5, Erythropietin.............................................................................................................8 DE Reg. 329 (Final) Standardbred Breeder’s Fund Regulations.....................................................................................8 DE Reg. 336 (Final) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program.................................................................................8 DE Reg. 17 (Prop.) 8 DE Reg. 425 (Final) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)......8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACFP/USDA ....................................................8 DE Reg. 221 (Prop.) 501 State Content Standards..........................................................................................................8 DE Reg. 36 (Prop.) 8 DE Reg. 445 (Final) 618 (Formerly Reg. 879) School Safety Audit..............................................................................8 DE Reg. 344 (Final) 620 (Formerly Reg. 880) School Crisis Response Plans...............................................................8 DE Reg. 344 (Final) 705 Training Camp and Special Duty in the National Guard and/or Reserves.............................................................................................8 DE Reg. 396 (Prop.) 706 Credit for Experience for Full Time Service in the Armed Forces................................................................................................................8 DE Reg. 397 (Prop.) 718 Health Examinations for School District Employees.....................................................8 DE Reg. 37 (Prop.) 8 DE Reg. 399 (Prop.) 805 The School Health Tuberculosis (TB) Control Program................................................8 DE Reg. 38 (Prop.) 8 DE Reg. 400 (Prop.) 852 Child Nutrition........................................................................................................................8 DE Reg. 224 (Prop.) 885 Safe Management and Disposal of Surplus Chemicals in the Delaware Public School System.................................................................................................................................8 DE Reg. 345 (Final) 925 Children with Disabilities.......................................................................................................8 DE Reg. 225 (Prop.) 8 DE Reg. 402 (Prop.) 1105 School Transportation...................................................................................................8 DE Reg. 237 (Final) PROFESSIONAL STANDARDS BOARD 323 Certification Computer Science Teacher................................................................................8 DE Reg. 247 (Prop.) 331 Certification Family and Consumer Sciences Teacher...........................................................8 DE Reg. 248 (Prop.) 368 Certification School Psychologist...................................................................................8 DE Reg. 41 (Prop.) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................8 DE Reg. 73 (Final) 1502 Educator Mentoring..............................................................................................................8 DE Reg. 347 (Final) 1505 Professional Growth Programs.....................................................................................8 DE Reg. 78 (Final) 1509 Meritorious New Teacher Candidate Designation...............................................................8 DE Reg. 446 (Final) 1528 Foreign Language Teacher Comprehensive..................................................................8 DE Reg. 80 (Final) 1529 Foreign Language Teacher Secondary..........................................................................8 DE Reg. 80 (Final) 1533 Foreign Language Teacher Elementary........................................................................8 DE Reg. 80 (Final) 1537 Bilingual Teacher (Spanish) Secondary........................................................................8 DE Reg. 80 (Final) 1554 Standard Certificate Reading Specialist................................................................................8 DE Reg. 405 (Prop.) 1558 Bilingual Teacher (Spanish) Primary Middle Level.....................................................8 DE Reg. 80 (Final) 1577 (Formerly Reg. 368) Standard Certificate-School Psychologist .........................................8 DE Reg. 448 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.....................................................................8 DE Reg. 46 (Prop.) 8 DE Reg. 85 (Final) DIVISION OF PUBLIC HEALTH Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders.................................................................................8 DE Reg. 100 (Final) 203 Cancer Treatment Program......................................................................................8 DE Reg. 107 (Final) 463 Licensing and Registration of Operators of Public Water Supply Systems.............8 DE Reg. 47 (Prop.) 8 DE Reg. 453 (Final) DIVISION OF SOCIAL SERVICESDivision of Social Services Manual (DSSM) 5311 Notification of Time and Place of Hearing.............................................................8 DE Reg. 351 (Final) 8 DE Reg. 376 (Errata) 9068.1 Certification Period Length.........................................................................8 DE Reg. 113 (Final) 20700.5-20700.5.8, Acquired Brain Injury Waiver Program..........................................8 DE Reg. 250 (Prop.) Child Care Subsidy Program: 11002.9 Definitions and Explanation Of Terms; 11004.4.1 Explanation of Certificates; 11006.4.2 Fee Paying Clients....................8 DE Reg. 407 (Prop.) DEPARTMENT OF INSURANCE 301 Audited Financial Reports......................................................................................................8 DE Reg. 252 (Prop.) 504 (Formerly Reg. No. 47) Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.........................................................................................................8 DE Reg. 409 (Prop.) 606, (Formerly Reg. No. 31) Proof of Automobile Insurance...............................................8 DE Reg. 55 (Prop.) 607, (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles......................................................................................................................8 DE Reg. 59 (Prop.) 8 DE Reg. 460 (Final) 1404 Long-Term Care Insurance...................................................................................................8 DE Reg. 257 (Prop.) 1501 Medicare Supplement Insurance Minimum Standards.................................................8 DE Reg. 62 (Prop.) 8 DE Reg. 465 (Final) DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship...................................................................8 DE Reg. 65 (Prop.) 8 DE Reg. 468 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY Green Energy Fund Program Regulation...............................................................................8 DE Reg. 114 (Final) DIVISION OF AIR AND WASTE MANAGEMENT-AIR QUALITY MANAGEMENT SECTION Hazardous Waste, Regulations Governing.............................................................................8 DE Reg. 352 (Final) Reporting of a Discharge of a Pollutant or Air Contaminant.........................................8 DE Reg. 126 (Final) Solid Waste, Regulations Governing......................................................................................8 DE Reg. 354 (Final) DIVISION OF FISH & WILDLIFE4.0 Seasons & 7.0 Deer...........................................................................................................8 DE Reg. 355 (Final) 3308 (Formerly NT-7) Fish Stocking Practices......................................................................8 DE Reg. 374 (Emer.) DIVISION OF WATER RESOURCESDesign, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems, Regulations Governing............................................................................................8 DE Reg. 283 (Prop.) Surface Water Quality Standards....................................................................................8 DE Reg. 154 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies................................8 DE Reg. 325 (Final) DEPARTMENT OF STATE DIVISION OF HISTORICAL AND CULTURAL AFFAIRSHistoric Preservation Tax Credit, Regulations Governing ............................................8 DE Reg. 194 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 708 (Formerly Reg. No. 5.770.0009) Establishment of a Branch Office by a Bank or Trust Company........................................................................................................8 DE Reg. 68 (Prop.) 8 DE Reg. 472 (Final) 714 Establishment of a Mobile Branch Office by a Bank or Trust Company................8 DE Reg. 68 (Prop.) 8 DE Reg. 473 (Final) 1113 Election by a Subsidiary Corporation of a Banking Organization of Trust Company to be Taxed in Accordance with Chapter 19 of Title 30..........................................8 DE Reg. 68 (Prop.) 8 DE Reg. 474 (Final) Appointments................................................................................................................................8 DE Reg. 361 (Final) 8 DE Reg. 479 (Final) Executive Order No. 56, Establishing The Infant Mortality Task Force.......................................8 DE Reg. 199 (Final) Executive Order No .57, Declaring Friday, June 11, 2004 A Legal Holiday In Remembrance Of Former President Reagan..........................................................................8 DE Reg. 360 (Final) Executive Order No. 58, Relating to the Reestablishment of the Juvenile Justice Advisory Group......................................................................................................................8 DE Reg. 477 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF PUBLIC HEALTHStatutory Authority: 16 Delaware Code, Section 133 (16 Del.C. §133) Nature of the Proceedings The Delaware Department of Health and Social Services ("Department") has determined that a threat to the public welfare exists if revision to the Cancer Treatment Program Regulations, Section 4.0 Technical Eligibility, is not implemented without prior notice or hearing. Failure to retroactively (July 1, 2004) update this Section will result in delay in treatment and pose an unnecessary health risk to minors under 18 years of age, diagnosed with Cancer, who are otherwise eligible for benefits under the Cancer Treatment Program. Nature of Proposed Revisions Revisions indicated by underlined type and strike through. Findings of Fact The Department finds that these changes should be made in the best interest of the general public of the State of Delaware. The Department will receive, consider and respond to petitions by any interested person for the reconsideration or revision thereof. THEREFORE, IT IS ORDERED, this 15th day of September, 2004, that the proposed revision to the regulation be adopted on an emergency basis without prior notice or hearing, and shall become effective immediately and retroactively to July 1, 2004. Vincent P. Meconi, Secretary Department of Health and Social Services 203 Cancer Treatment Program 1.0Purpose The Cancer Treatment Program (CTP) is a program of Delaware Health and Social Services (DHSS), Division of Public Health (DPH), intended to provide medical insurance coverage to Delawareans for the treatment of cancer. The program serves Delawareans who have no health insurance. 2.0Availability of Funds 2.1Benefits will be available to enrollees provided that funds for this program are made available to DHSS. 2.2In the event that funds are not available, DHSS will notify enrollees and providers. 3.0General application information 3.1The application must be made in writing on the prescribed CTP form. An individual, agency, institution, guardian or other individual acting can make this request for assistance for the applicant with his knowledge and consent. The CTP will consider an application without regard to race, color, age, sex, disability, religion, national origin or political belief as per State and Federal law. 3.2Each individual applying for the CTP is requested, but not required, to furnish his or her Social Security Number. 3.3Filing an application gives the applicant the right to receive a written determination of eligibility and the right to appeal the written determination. 4.0Technical Eligibility 4.1The following are required for an adult applicant to receive benefits under this program. The adult applicant must: 4.1.1Need treatment for cancer in the opinion of the applicant’s licensed physician of record. Cancer treatment will not include routine monitoring for pre-cancerous conditions, or monitoring for recurrence during or after remission. 4.1.2Be a Delaware resident. 4.1.3Have been a Delaware resident at the time cancer was diagnosed. 4.1.4Have no health insurance. 4.1.4.1Examples of health insurance include comprehensive, major medical and catastrophic plans, Medicare, and Medicaid. 4.1.4.2Excepted are the following types of insurance plans, which do not exclude eligibility for the CTP: dental, vision, dismemberment, drug, mental health, nursing home, blood bank, workman’s compensation, accident, family planning, the Delaware Prescription Assistance Program, the Delaware Chronic Renal Disease program, and non-citizen medical coverage. 4.1.4.3The CTP is the payer of last resort and will only provide benefits to the extent that they are not covered by the plans listed in 4.1.4.2. 4.1.5Be over the age of 18 years. 4.1.6Be diagnosed with any cancer on or after July 1, 2004, or be receiving benefits for the treatment of colorectal cancer through the Division of Public Health’s Screening for Life program on June 30, 2004. 4.2The following are required for a minor (child under 18 years of age) to receive benefits under this program. The minor applicant must: 4.2.1Need treatment for cancer in the opinion of the applicant’s licensed physician of record. Cancer treatment will not include routine monitoring for pre-cancerous conditions, or monitoring for reoccurrence during or after remission. 4.2.2Be a Delaware resident 4.2.3Have been a Delaware resident at the time cancer was diagnosed. 4.2.4Be diagnosed with any cancer on or after July 1, 2004. Coverage shall be retroactive up to 3 months prior to date of application, provided applicant meets medical requirements and applicant’s parent(s) or legal guardian(s) meet financial eligibility requirements under 5.1. In no case will the minor applicant be eligible for benefits under this program before July 1, 2004. 4.2.5The CTP is payer of last resort and will only provide benefits to the extent that they are not covered by other plans. 4.3An inmate of a public institution shall be eligible for the CTP, provided that the benefits of the CTP are not otherwise provided in full or in part. 4.3.1For the purposes of the CTP, the definitions of public institution and inmate shall be the same as used by the Delaware Medicaid program. 4.4The Medical Assistance Card is the instrument used to verify an individual’s eligibility for benefits. Prior to rendering services, medical providers are required to verify client eligibility using the client’s identification number by accessing one of the Electronic Verification Systems (EVS) options. Instructions for accessing EVS are described in the EVS section of the billing manual. 5.0Financial Eligibility 5.1To be eligible for the CTP the applicant must have countable household income that is less than 650% of the Federal Poverty Level (FPL). 5.2Income is any type of money payment that is of gain or benefit to an individual. Income is either counted or excluded for the eligibility determination. 5.3Countable income includes but is not limited to: 5.3.1Social Security benefits – as paid after deduction for Medicare premium 5.3.2Pension – as paid 5.3.3Veterans Administration Pension – as paid 5.3.4U.S. Railroad Retirement Benefits – as paid 5.3.5Wages – net amount after deductions for taxes and FICA Senior Community Service Employment – net amount after deductions for taxes and FICA 5.3.6Interest/Dividends – gross amount 5.3.7Capital Gains – gross amount from capital gains on stocks, mutual funds, bonds. 5.3.8Credit Life or Credit Disability Insurance Payments – as paid 5.3.9Alimony – as paid 5.3.10Rental Income from entire dwelling – gross rent paid minus standard deduction of 20% for expenses 5.3.11Roomer/Boarder Income – gross room/board paid minus standard deduction of 10% for expenses 5.3.12Self Employment – countable income as reported to Internal Revenue Service (IRS) 5.3.13Unemployment Compensation - as paid 5.4Excluded income includes but is not limited to: 5.4.1Annuity payments 5.4.2Individual Retirement Account (IRA) distributions 5.4.3Payments from reverse mortgages 5.4.4Capital gains from the sale of principal place of residence 5.4.5Conversion or sale of a resource (i.e. cashing a certificate of deposit) 5.4.6Income tax refunds 5.4.7Earned Income Tax Credit (EITC) 5.4.8Vendor payments (bills paid directly to a third party on behalf of the individual) 5.4.9Government rent/housing subsidy paid directly to individual (i.e. HUD utility allowance) 5.4.10Loan payments received by individual 5.4.11Proceeds of a loan 5.4.12Foster care payments made on behalf of foster children living in the home 5.4.13Retired Senior Volunteer Program (RSVP) 5.4.14Veterans Administration Aid and Attendance payments 5.4.15Victim Compensation payments 5.4.16German reparation payments 5.4.17Agent Orange settlement payments 5.4.18Radiation Exposure Compensation Trust Fund payments 5.4.19Japanese-American, Japanese-Canadian, and Aleutian restitution payments 5.4.20Payments from long term care insurance or for inpatient care paid directly to the individual 5.5Determination of the household income will be based on the family budget group, which is the total number of persons whose income is budgeted together. This will always include the following: 5.5.1Married couples if they live together; and, 5.5.2Unmarried couples who live together as husband and wife. 5.5.3Couples will be considered as living together as husband and wife if: 5.5.3.1They say they are married, even if the marriage cannot be verified; or, 5.5.3.2They are recognized as husband and wife in the community; or, 5.5.3.3One partner uses the other's last name; or, 5.5.3.4They state they intend to marry. 5.6In households that include a caretaker, the caretaker's children and other children that are the caretaker's responsibility, the caretaker's income and those of his/her children are always budgeted together. The income of any other children in the home will be considered separately. In these situations, the separate budget groups can be combined to form a single family budget group only when the following conditions are met: 5.6.1CTP benefits would be denied to any of the recipients by maintaining separate budget groups. 5.6.2The caretaker chooses to have his/her income and those of his/her children considered with the income of any other people in the home. 6.0Residency 6.1A Delaware resident is an individual who lives in Delaware with the intention to remain permanently or for an indefinite period, or where the individual is living and has entered into a job commitment, or seeking employment whether or not currently employed. 6.2Factors that may be taken into account when determining residency are variables such as the applicant’s age, location of dwellings and addresses, location of work, institutional status, and ability to express intent. 6.3Eligibility: 6.3.1Will not be denied to an otherwise qualified resident of the State because the individual's residence is not maintained permanently or at a fixed address. 6.3.2Will not be denied because of a durational residence requirement. 6.3.3Will not be denied to an institutionalized individual because the individual did not establish residence in the community prior to admission to an institution. 6.3.4Will not be terminated due to temporary absence from the State, if the person intends to return when the purpose of the absence has been accomplished. 6.4When a State or agency of the State, including an entity recognized under State law as being under contract with the State, arranges for an individual to be placed in an institution in another State, the State arranging that placement is the individual's State of residence. 7.0Verification of eligibility information 7.1The CTP may verify information related to eligibility. Verification may be verbal or written and may be obtained from an independent or collateral source. 7.2Documentation shall be date stamped and become part of the CTP case record. 7.3Verifications received and/or provided may reveal a new eligibility issue not previously realized. Additional verifications may be required. 7.4Failure to provide requested documentation may result in denial or termination of eligibility. 8.0Disposition of applications 8.1The CTP will dispose of each application by a finding of eligibility or ineligibility, unless: 8.1.1There is an entry in the case record that the applicant voluntarily withdrew the application, and that the CTP sent a notice confirming the applicant’s decision; 8.1.2There is a supporting entry in the case record that the applicant is deceased; or 8.1.3There is a supporting entry in the case record that the applicant cannot be located. 9.0Changes in circumstances and personal information 9.1Enrollees are responsible for notifying the CTP of all changes in his circumstances that could potentially affect eligibility for the CTP. Failure to do so may result in overpayments being processed and legal action taken to recover funds expended on his/her behalf during periods of ineligibility. 9.2Enrollees are responsible for notifying the CTP of changes in the enrollee’s name, address and telephone number. 10.0Termination of eligibility 10.1Eligibility terminates: 10.1.1When the enrollee attains other medical insurance, including Medicare, Medicaid, and the Medicaid Breast and Cervical Cancer treatment program. 10.1.2When the enrollee is no longer receiving treatment for cancer as defined in 4.1.1. 10.1.3When the enrollee no longer meets the technical or financial eligibility requirements. 10.1.412 months after the date that cancer treatment is initiated. 10.2If eligibility is terminated, it may only be renewed for an individual who is diagnosed with another cancer for which coverage has not been previously provided. 11.0Coverage and benefits 11.1Coverage is limited to the treatment of cancer as defined by DHSS. 11.2There is no managed care enrollment. 11.3Benefits will be paid at rates equivalent to Medicaid under a fee for service basis. If a Medicaid rate does not exist for the service provided, the CTP will determine a fair rate. 11.4Benefits will only be paid when the provider of the cancer treatment services is a Delaware Medicaid Assistance Provider. 11.5Benefits for patients enrolled prior to September 1, 2004 (or whatever date is established by DHSS as having an operational benefits management information system), may not be paid until after that date. 11.6The CTP is the payer of last resort and will only provide benefits to the extent that they are not otherwise covered by another insurance plan. 11.7Eligibility may be retroactive to the day that cancer treatment was initiated provided that the application is filed within one year of that day. In such circumstances, covered services will only be provided for the time period that the applicant is determined to have been eligible for the CTP. 11.8In no case will eligibility be retroactive to a time period prior to July 1, 2004, except if the enrollee was receiving benefits for the treatment of colorectal cancer through the Division of Public Health’s Screening for Life program on June 30, 2004. If this exception occurs, eligibility will be retroactive only to the date the enrollee was receiving benefits for colorectal cancer treatment through the Screening for Life program. 12.0Cancer treatment services which are not covered 12.1The cost of nursing home or long-term care institutionalization is not covered. (The cost of cancer treatment services within a nursing home or long term care institution is a covered benefit.) 12.2Services not related to the treatment of cancer as determined by DHSS are not covered. 12.3Cancer treatment services for which the enrollee is eligible to receive by other health plans as listed in 4.1.4.2 are not covered. 13.0Changes in program services 13.1When changes in program services require adjustments of CTP benefits, the CTP will notify enrollees who have provided an accurate and current name, and address or telephone number. 14.0Confidentiality 14.1The CTP will maintain the confidentiality of application, claim, and related records as required by law. 15.0Review of CTP decisions 15.1Any individual who is dissatisfied with a CTP decision may request a review of that decision. 15.2Such request must be received by the CTP in writing within 30 days of the date of the decision in question. 15.3The CTP will issue the results of its review in writing. The review will be final and not subject to further appeal. DELAWARE RIVER BASIN COMMISSIONProposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters Agency: Delaware River Basin Commission Summary: The Delaware River Basin Commission ("Commission" or "DRBC") will hold a public hearing to receive comments on proposed amendments to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to classify as Special Protection Waters the reach of the main stem Delaware River known as the "Lower Delaware." The Lower Delaware extends from the southern boundary of the Delaware Water Gap National Recreation Area at River Mile ("RM") 209.5 to the head of tide at Trenton, New Jersey, RM 133.4. Background. The Special Protection Waters regulations, consisting of Section 3.10.3.A.1. of the Water Quality Regulations (also, "Regulations"), are intended to maintain the quality of interstate waters where existing water quality is better than the established stream quality objectives. They consist in large part of a series of policies relating to: water quality management (§3.10.3.A.2.b.), allowable discharges (§3.10.3.A.2.c.), wastewater treatment facilities (§3.10.3.A.2.d.), the control of non point sources of pollution (§3.10.3.A.2.e.), and inter governmental responsibilities (§3.10.3.A.2.f). Other sections of the rule include definitions (§3.10.3.A.2.a.), a list of waters classified as Special Protection Waters (§3.10.3.A.2.g.), a table defining existing water quality with numeric values for a series of different parameters in each of the river sections classified as Special Protection Waters (Table 1), and a table describing the location of the Boundary and Interstate Special Protection Waters Control Points, which are the locations used to assess water quality for purposes of defining and protecting existing water quality (Table 2). To be protected as Special Protection Waters, stream reaches must be classified as either "Outstanding Basin Waters" or "Significant Resource Waters." "Outstanding Basin Waters" are defined as "interstate and contiguous intrastate waters that are contained within the established boundaries of national parks; national wild, scenic and recreational rivers systems; and/or national wildlife refuges that are classified by the Commission under Subsection 2.g.1). [of the Regulations] as having exceptionally high scenic, recreational and ecological values that require special protection" (§ 3.10.3.A.2.a.1.). "Significant Resource Waters" are defined as "interstate waters classified by the Commission under Subsection 2.g.2. [of the Regulations] as having exceptionally high scenic, recreational, ecological, and/or water supply uses that require special protection" (§ 3.10.3.A.2.a.2.). In accordance with Section 3.10.3.A.2. of the Regulations, the Delaware Riverkeeper Network submitted to the Commission in April 2001 a nomination petition requesting that the Commission classify the Lower Delaware River as Special Protection Waters. The Commission initiated a five year monitoring program in May of 2000 to characterize existing water quality in the Lower Delaware. Four years of data have been collected and analyzed. Data collection and analysis for the fifth year will be completed in 2004. A series of studies, plans, and policies and a federal designation document the scenic, recreational, ecological and water supply values and uses of the Lower Delaware and support the goal of preserving these qualities. The four years of data and findings set forth in the report entitled, Delaware Eligibility Determination for DRBC Declaration of Special Protection Waters (DRBC, August 2004) demonstrate that water quality in the Lower Delaware River generally is better than the water quality criteria. The Lower Delaware National Wild & Scenic River Study Report (National Park Service, Northeast Region, 1999) documents that the Lower Delaware River includes islands, wetlands, and diverse ecosystems that support rare and endangered plant and animal species and constitute scenic and recreational amenities. The Lower Delaware River Management Plan(Lower Delaware River Wild and Scenic River Study Task Force and Local Government Committee, with assistance from the National Park Service, August 1997) (LDRMP) contains goals relating to water quality, natural resources, historic resources, recreation, economic development and open space preservation for the Lower Delaware River. Goal 1 of the LDRMP calls for maintaining, and where practical, improving existing water quality in the main stem of the Lower Delaware River and its tributaries. On November 1, 2000, the President of the United States signed Public Law 106 418, designating portions of the Lower Delaware River as part of the National Wild and Scenic Rivers System. The system was established by Congress in 1968 to preserve the character of rivers with "outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values" and to ensure that designated rivers remain free flowing (P.L. 106 418, 10e Congress). The Water Resources Plan for the Delaware River Basin (DRBC Watershed Advisory Committee, September 2004) ("Basin Plan"), which is supported by each of the Commission's signatories, directs, "[w]here water quality is better than standards for the protection of aquatic life and wildlife, implement anti degradation regulations, policies and/or other mechanisms to maintain or improve existing water quality." Proposed Amendments. The Commission proposes to amend the Special Protection Waters regulations by adding one section of the main stem Delaware River to the list of stream reaches classified as Outstanding Basin Waters (see §3.10.3.A.2.g.1) and two sections of the main stem Delaware River to the list of stream reaches classified as Significant Resource Waters (see §3.10.3.A.2.g.2). The section of the main stem proposed to be classified as "Outstanding Resource Waters" is the reach extending from RM 171.4, a point just south of the Gilbert Generating Station in Holland Township, New Jersey, to RM 141.8, at Washington Crossing, Pennsylvania. The sections of the main stem proposed to be classified as "Significant Resource Waters" extend from RM 209.5, the downstream boundary of the Delaware Water Gap National Recreation Area, to RM 171.4, the location of which is noted above, and from RM 141.8 at Washington Crossing, Pennsylvania, to RM 133.4, the location of the head of tide at Trenton, New Jersey. The proposed amendments do not at this time include additions to Table 1, defining existing water quality in each classified reach with numeric values for a series of different parameters, or to Table 2, describing the location of the Boundary and Interstate Special Protection Waters Control Points. These amendments will be made at a later date, when analysis of a fifth year of water quality data for the Lower Delaware has been completed. Thus, the Commission proposes to add to Section 3.10.3.A.2.g. a new section 6)., providing that the regulations that depend for enforcement upon the use of approved numeric values for existing water quality will not apply, under the proposed amendments, to regulated activities within the drainage area of the Lower Delaware River and that all other provisions of Section 3.10.3.A.2. shall apply for the Lower Delaware River upon the effective date of the proposed amendments. Provisions of the Special Protection Waters regulations that will apply within the drainage area to the Lower Delaware River include but are not limited to the following: Subsections 3.10.3.A.2.c.1. through 3., in part requiring an analysis of alternatives to new or expanded discharges; Subsections 3.10.3A.2.d.1. through 7., setting forth requirements for wastewater treatment facilities; and Subsections 3.10.3A.2.e.1. and 2., conditioning project approval on the existence of an approved Non Point Source Pollution Control Plan for the project area and requiring that approval of a new or expanded withdrawal and/or wastewater discharge project be subject to the condition that new connections to the project system be limited to service areas regulated by non point source control plans approved by the Commission. Dates: The public hearing will be held on October 27, 2004 at approximately 2:00 P.M. as part of the Commission's regularly scheduled business meeting. This time is approximate because the Commission will conduct hearings on several dockets (project approvals) beforehand, beginning at approximately 1:30 P.M. The hearing will continue until all those who wish to testify are afforded an opportunity to do so. In the event all those who wish to testify cannot be heard on October 27, the hearing will be continued at a date, time and location to be announced by the Commission Chair that day. Persons wishing to testify at the hearing are asked to register in advance with the Commission Secretary by phoning 609 883 9500, extension 224. Written comments will be accepted through Tuesday, November 30, 2004. Addresses: The public hearing will be held in the Kirby Auditorium of the National Constitution Center, 525 Arch Street, Independence Mall, Philadelphia. Written comments should be addressed to the Commission Secretary as follows: by e mail to 12aula.schmitt@drbc.state.nj.us; by fax to Commission Secretary dial 609 883 9522; by U.S. Mail to Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628 0360; or by overnight mail to Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628 0360. Additional Information, Contacts: The full text of the draft resolution containing the proposed rule change, a map illustrating the proposed stream classifications for the Lower Delaware, a map illustrating the Wild and Scenic Rivers System designations in the Lower Delaware, and reports about the Lower Delaware will be posted no later than October 1, 2004 on the Commission's web site, http://www.drbc.net. The Commission will hold two informational meetings on the proposed rulemaking. One meeting will be held on Thursday, October 14, 2004 from 7:00 to 9:00 P.M. at the Delaware and Raritan Canal Commission office at the Prallsville Mills Complex, 33 Risler Street (Route 29) in Stockton, New Jersey. Another will be held on Wednesday, October 20, 2004 from 7:00 to 9:00 P.M. in Room 315 of the Acopian Engineering Building at Lafayette College, located on High Street in Easton, Pennsylvania. Directions to the meeting locations will be posted on the Commission's web site, http://www.drbc.net in advance of the meeting dates. Please contact Pamela Bush, tel. 609-883-9500 ext. 203 with questions about the proposed rule or the rulemaking process. Pamela M. Bush, Esquire Commission Secretary September 14, 2004 NOTICE OF PROPOSED RULEMAKING Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Establish Pollutant Minimization Plan Requirements for Point and Non-Point Source Discharges of Toxic Pollutants Following Issuance of a TMDL by either the U. S. Environmental Protection Agency or a Member State, or an Assimilative Capacity Determination by the Delaware River Basin Commission. Agency: Delaware River Basin Commission Summary: The Delaware River Basin Commission ("Commission" or "DRBC") will hold a public hearing to receive comments on a proposed amendment to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to establish pollutant minimization plan requirements for point and non-point source discharges of toxic pollutants following issuance of a total maximum daily load (TMDL) under Section 303(d) of the Clean Water Act (CWA) by either a member state or the U. S. Environmental Protection Agency (EPA), or issuance of an assimilative capacity determination by the Commission. A TMDL establishes the maximum loading of a pollutant that a water body can receive without causing an impairment of the water quality standard, which includes designated uses, water quality criteria calculated to protect those uses and anti degradation requirements. When water quality standards are not attained, despite the technology-based control of industrial and municipal wastewater (point sources), the CWA requires that the impaired waters be identified on the state's Section 303(d) list and that a TMDL be developed for the pollutant or pollutants causing the impairment. A determination of the assimilative capacity of a water body for a given pollutant under Section 4.30.7 of the Commission's Water Quality Regulations is similar to the establishment of maximum total loading for a water body in a TMDL. The Commission may issue an assimilative capacity determination whenever a stream quality objective (the Commission's term for a numeric water quality criterion) is not being attained. A TMDL or assimilative capacity determination does not in and of itself result in any improvement in water quality. Rather, the total loading or assimilative capacity must be allocated among the various sources contributing to the water quality impairment, and each discharger must reduce its discharge to achieve its allocated load. For point source discharges, the individual load allocation typically is converted to an effluent limitation in a National Pollutant Discharge Elimination System (NPDES) permit issued under Section 402 of the Clean Water Act. For non-point sources, the load allocation typically is achieved through Best Management Practices (BMPs). For certain toxic pollutants in water bodies within the Delaware River Basin, ambient and/or effluent monitoring shows that loadings are many times higher than the levels required to ensure that water quality standards are met. Substantial reductions in loadings of such pollutants from all point and non-point sources are needed to protect the designated uses. However, the process of developing and allocating a total load or determining the assimilative capacity of the water body for the pollutant may take the regulatory agencies many years. As has become apparent in the case of the TMDLs for polychlorinated biphenyls (PCBs) in the Delaware Estuary, issued by EPA on December 15, 2003 on behalf of the states of Delaware, New Jersey and Pennsylvania, it may be many more years before the states are able to incorporate implementing provisions into NPDES permits for point sources and require implementing BMPs for non-point sources. For PCBs, and possibly for other persistent bioaccumulative toxic chemicals, still more time - in some cases decades - will be needed before dischargers achieve sufficient load reductions to achieve the water quality standards. The proposed rule is intended to accelerate real improvements in water quality by authorizing the Commission to require point and non-point source dischargers to initiate load reduction efforts sooner. No numeric targets are proposed. Rather, the rule is based on concepts of pollution prevention and sustainability and the recognition that dischargers that are familiar with their own operations may be best situated to identify opportunities for achieving prompt loading reductions in a cost-effective manner. To comply with the rule, dischargers must plan and implement measures for achieving the maximum practicable reduction of pollutant discharges to the air, soil and water. The proposed rule is primarily a gap-filling measure. For point sources, it will cease to apply to any discharge upon the next issuance by the state or EPA of a NPDES permit or permit renewal with respect to that discharge. For non-point discharges, the Commission's intention is to apply the rule only where existing state and federal programs will not ensure implementation of the TMDL or assimilative capacity determination. The rule has four principal parts. Section A addresses the scope of the rule - both the pollutants and the entities intended to be regulated. Section B sets forth procedures for submission, review, implementation and continuation of Pollutant Minimization Plans ("PMPs" or "plans") required under the rule, including the relationship of the rule to the NPDES permit program. Section C lists the elements required to be included in a PMP, and Section D sets forth the requirement that dischargers submit a report annually, quantifying changes in pollutant loadings since initiation of the PMP and describing measures under way or completed to reduce loadings. Additional sections include a waiver provision and a provision for the development of guidance to assist dischargers in developing PMPs under the rule. Scope of the Proposed Rule. The scope of the proposed rule is limited to toxic chemicals listed in Section A.1 of the rule. The proposed rule lists one pollutant - polychlorinated biphenyls or "PCBs," for which the EPA issued a TMDL for the Delaware Estuary on December 15, 2003. Additional pollutants may be added to the rule only through notice and comment rulemaking. Classes of dischargers or individual dischargers proposed to be subject to the rule may be added by amendment or by a directive of the Commission's Executive Director, upon approval by the Commission. Two classes of PCB dischargers are initially proposed to be included: those listed in Group 1 of Tables 3-2 through 3-5 of Appendix 3 of the document, US. Environmental Protection Agency Regions II and Ill, Total Maximum Daily Loads for Polychlorinated Biphenyls (PCBs) for Zones 2-5 of the Tidal Delaware River (December 15, 2003); and those listed in Group 2 of the same tables in the event that the presence of PCB congeners is confirmed through monitoring in accordance with the requirements set forth in Appendix 3 of the same document. Procedures for Submission, Review, Implementation and Continuation of PMPs. The proposed rule requires dischargers to submit a PMP to the Commission and the permitting agency, if any, within three months of publication of a final rule or issuance of a directive by the Executive Director. The Commission staff, in consultation with the permitting agency staff (if applicable), will review each PMP for completeness, and the executive director will issue a completeness determination, confirming that a PMP contains all components required by the rule, or identifying deficiencies in the PMT. Where a deficiency is identified, a discharger has 30 days to submit a revised PMP reflecting a good faith effort to cure the deficiency. The rule sets forth procedures for subsequent revisions if necessary, and allows the executive director to seek penalties against a discharger for repeated failure to comply, or grant a waiver from a requirement of the rule for good cause shown. The discharger must commence implementation of its plan as submitted within 60 days of receipt of a determination of completeness. Upon issuance of a final new or renewed NPDES permit by EPA or a member state after the imposition of a PMP requirement under the proposed rule, the permit supersedes any provisions of the PMP that relate to the NPDES-permitted discharge. PMPs for point source discharges will receive a thorough substantive review at the time of NPDES permit issuance or reissuance. Due to limited agency resources, earlier substantive review of PMPs by the Commission or the member states is authorized but not required. The rule provides that if the Commission determines at any time that a PMP is not likely to achieve the maximum practicable reduction of pollutant discharges to the air, soil or water, it may require the discharger to submit a revised PMP to more aggressively reduce pollutant loading. The initial term of the PMP is to be five years. The term of any PMP that is not superseded by a NPDES permit within five years may be extended by the Executive Director, following a review by the commission staff in consultation with the staff of the appropriate state environmental agency. Plan Elements. Interested parties are referred to the text of the rule for the required elements of a PMP. Notably, these elements include strategies for tracking down unknown sources of the pollutant, as well as for minimizing releases of the pollutant where sources are found. Plans also must include a description of the procedures to be used to measure, demonstrate and report progress in reducing potential and actual discharges of the pollutant, including annual sampling and analysis of discharges using a prescribed analytical method if one is listed in the rule. In the case of PCBs, dischargers are required to measure loadings annually using EPA Method 1668, Revision A. Dischargers are encouraged to use less complex and expensive analytical methods where possible for purposes of screening or identifying pollutant sources. Annual Report. Annual sampling and reporting using a uniform method are required in order for dischargers and regulators to determine the effectiveness of a PMP in reducing pollutant loadings to a waterway. Dates: The public hearing will be held on October 27, 2004 at 11:00 A.M. as part of the Commission's regularly scheduled business meeting. The hearing will end 60 to 90 minutes later, at the discretion of the Commission chair. If necessary, the hearing will be continued at a date and location announced by the Commission chair, until all those who wish to testify are afforded an opportunity to do so. Persons wishing to testify at the hearing are asked to register in advance with the Commission Secretary by phoning 609-883-9500, extension 224. Written comments will be accepted through Friday, November 19, 2004. Addresses: The full text of the proposed rule will be posted no later than October 1, 2004 on the Commission's web site, http://www.drbc.net. The public hearing will be held in the Kirby Auditorium at the National Constitution Center, 525 Arch Street, Independence Mall, Philadelphia. Written comments should be addressed to the Commission Secretary as follows: by e-mail to paula.schmitt@drbc.state.ni.us; by fax to Commission Secretary - dial 609-8839522; by U.S. Mail to Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 086280360; or by overnight mail to Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628-0360. Further Information, Contacts: Please contact Pamela Bush, 609-883-9500 ext. 203, with questions about the proposed rule or the rulemaking process. Pamela M. Bush, Esquire, Commission Secretary September 14, 2004 DEPARTMENT OF ADMINISTRATIVE SERVICESDIVISION OF PROFESSIONAL REGULATION BOARD OF PHARMACY24 DE Admin. Code 2500 Statutory Authority: 24 Delaware Code, Section 2509 (24 Del.C. §2509) The Delaware Board of Pharmacy in accordance with 24 Del.C. §2509 has proposed changes to its rules and regulations as mandated by Senate Bill 229. The proposal identified crimes that are substantially related to the practice of pharmacy. A public hearing will be held on the proposed changes on November 10, 2004 at 10:00 a.m. in the Jesse Cooper Building, Room 309 (third floor conference room), Federal and Water Streets, Dover, DE 19901. The Board will receive and consider input from any person on the proposed Regulation. Written comment can be submitted at any time prior to the hearing in care of David Dryden, Executive Secretary, at the above address. In addition to publication in the Register of Regulations, copies of the proposed regulation can be obtained from David Dryden, Executive Secretary, by calling (302) 739-4798. Notice of the hearing and the nature of the proposal are also published in two Delaware newspapers of general circulation. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Proposed Rules and Regulations 16.0Crimes substantially related to the practice of pharmacy. 16.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal the following crimes, is deemed to be a crime substantially related to the practice of pharmacy in the State of Delaware without regard to the place of conviction: 16.1.1Unlawfully administering a controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626. 16.1.2Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A. 16.2Crimes substantially related to the practice of pharmacy 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 COMPLETE SET OF THE RULES AND REGULATIONS FOR THE BOARD OF PHARMACY IS AVAILABLE AT: http://www.state.de.us/research/AdminCode/title24/2500%20Board%20of%20Pharmacy.shtml#TopOfPage DIVISION OF PROFESSIONAL REGULATIONBOARD OF OCCUPATIONAL THERAPY 24 DE Admin. Code 2000 Statutory Authority: 24 Delaware Code, Section 2006(b) (24 Del.C. §2006(b)) PUBLIC NOTICE The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006 (b) has proposed changes to its rules and regulations as mandated by Senate Bill 229. The proposal identifies crimes that are substantially related to the practice of occupational therapy. A public hearing will be held at 4:30 p.m. on November 17, 2004, 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 State Board of Occupational Therapy Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Proposed Rules and Regulations 7.0Crimes substantially related to practice of occupational therapy 7.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the practice of occupational therapy in the State of Delaware without regard to the place of conviction: 7.1.1Unlawful harm to law enforcement or seeing eye dogs. 7 Del.C. §1717 7.1.2Aggravated menacing. 11 Del.C. §602(b) 7.1.3Reckless endangering. 11 Del.C. §604 7.1.4Abuse of a pregnant female in the second degree. 11 Del.C. §605 7.1.5Abuse of a pregnant female in the first degree. 11 Del.C. §606 7.1.6Assault in the third degree. 11 Del.C. § 611 7.1.7Assault in the second degree. 11 Del.C. § 612 7.1.8Assault in the first degree. 11 Del.C. § 613 7.1.9Abuse of a sports official. 11 Del.C. § 614 7.1.10Assault by abuse or neglect. 11 Del.C. § 615 7.1.11Terroristic threatening. 11 Del.C. § 621(a)(b) 7.1.12Unlawful administering drugs. 11 Del.C. § 625 7.1.13Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. § 626 7.1.14Prohibited acts as to substances releasing vapors or fumes. 11 Del.C. § 627 7.1.15Vehicular assault in the first degree.11 Del.C. § 629 7.1.16Criminally negligent homicide.11 Del.C. § 631 7.1.17Manslaughter. 11 Del.C. § 632 7.1.18Murder by abuse or neglect in the second degree. 11 Del.C. § 633 7.1.19Murder by abuse or neglect in the first degree. 11 Del.C. §634 7.1.20Murder in the second degree. 11 Del.C. § 635 7.1.21Murder in the first degree. 11 Del.C. § 636 7.1.22Sexual harassment. 11 Del.C. § 763 7.1.23Unlawful sexual contact in the second degree. 11 Del.C. §768 7.1.24Unlawful sexual contact in the first degree. 11 Del.C. § 769 7.1.25Rape in the fourth degree. 11 Del.C. §770 7.1.26Rape in the third degree.11 Del.C. § 771 7.1.27Rape in the second degree.11 Del.C. § 772 7.1.28Rape in the first degree. 11 Del.C. § 773 7.1.29Sexual extortion. 11 Del.C. § 7767 7.1.30Bestiality. 11 Del.C. § 777 7.1.31Continuous sexual abuse of a child. 11 Del.C. § 778 7.1.32Dangerous crime against a child. 11 Del.C. § 779 7.1.33Unlawful imprisonment in the first degree.11 Del.C. § 782 7.1.34Kidnapping in the second degree.11 Del.C. § 783 7.1.35Kidnapping in the first degree. 11 Del.C. § 783A 7.1.36Acts constituting coercion.11 Del.C. § 791 7.1.37Burglary in the second degree.11 Del.C. § 825 7.1.38Burglary in the first degree. 11 Del.C. § 826 7.1.39Robbery in the second degree.11 Del.C. § 831 7.1.40Robbery in the first degree. 11 Del.C. § 832 7.1.41Carjacking in the second degree. 11 Del.C.§ 835 7.1.42Carjacking in the first degree.11 Del.C. § 836 7.1.43Extortion.11 Del.C. § 846 7.1.44Identity theft.11 Del.C. § 854 7.1.45Forgery. 11 Del.C. § 861 7.1.46Falsifying business records. 11 Del.C. § 871 7.1.47Unlawful use of a credit card.11 Del.C. § 903 7.1.48Insurance fraud.11 Del.C. § 913 7.1.49Health care fraud. 11 Del.C. § 913A 7.1.50Dealing in children.11 Del.C. § 1100 7.1.51Abandonment of a child.11 Del.C. § 1101 7.1.52Endangering the welfare of a child.11 Del.C. § 1102 7.1.53Endangering the welfare of an incompetent person. 11 Del.C. § 1105 7.1.54Unlawfully dealing with a child. 11 Del.C. § 1106 7.1.55Sexual exploitation of a child. 11 Del.C. § 1108 7.1.56Unlawful dealing in child pornography. 11 Del.C. § 1109 7.1.57Possession of child pornography.11 Del.C.§ 1111 7.1.58Sexual offenders; prohibitions from school zones. 11 Del.C. § 1112 7.1.59Sexual solicitation of a child.11 Del.C. § 1112A 7.1.60Terroristic threatening of public officials or public servants. 11 Del.C. § 1240 7.1.61Abetting the violation of driver’s license restrictions. 11 Del.C. § 1249 7.1.62Offenses against law enforcement animals. 11 Del.C. §1250 7.1.63Felony hate crimes. 11 Del.C. § 1304 7.1.64Felony stalking. 11 Del.C. § 1312A 7.1.65Felony cruelty to animals. 11 Del.C. § 1325 7.1.66Felony maintaining a dangerous animal.11 Del.C. § 1327(a) 7.1.67Felony violation of privacy. 11 Del.C. § 1335(a) 7.1.68Adulteration.11 Del.C. § 1339 7.1.69Promoting prostitution in the second degree. 11 Del.C. §1352 7.1.70Promoting prostitution in the first degree.11 Del.C. §1353 7.1.71Obscenity.11 Del.C. § 1361 7.1.72Carrying a concealed deadly weapon.11 Del.C. § 1442 7.1.73Felony unlawful dealing with a dangerous weapon.11 Del.C. §1445(a) 7.1.74Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. § 1447 7.1.75Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. § 1448 7.1.76Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. § 1457(a) 7.1.77Duty to report child abuse or neglect. 16 Del.C. § 903 7.1.78Abuse, neglect, mistreatment or financial exploitation of residents or patients in a nursing or similar facility. 16 Del.C. §1136 7.1.79Falsification or destruction of records related to maintenance medical treatment. 16 Del.C. § 2513 7.1.80Manufacture, delivery or possession with intent to deliver Schedule I or II narcotic drugs. 16 Del.C. § 4751 7.1.81Manufacture, delivery or possession with intent to deliver Schedule I , II, III, IV, or V non-narcotic drugs.16 Del.C. §4752 7.1.82Possession, consumption,or use of controlled substances.16 Del.C. §4753 7.1.83Trafficking in marijuana, cocaine, illegal drugs, metamphetamines, L.S.D., or designer drugs. 16 Del.C. § 4753A. 7.1.84Possession, consumption, or use of on-narcotic controlled substances classified in Schedule I, II, III, IV, or V. 16 Del.C. § 4754 7.1.85Crimes by persons who are controlled substance registrants. 16 Del.C. § 4755 7.1.86 Crimes related to controlled substances. 16 Del.C. § 4756 7.1.87Distribution of controlled substances to persons under 21 years of age.16 Del.C. §4761 7.1.88Distribution, delivery or possession of a controlled substance within 1,000 feet of school property. 16 Del.C. § 4767 7.1.89Distribution, delivery or possession of a controlled substance within 300 Feet of park, recreation area, church, synagogue or other place of worship.16 Del.C. § 4768 7.1.90Obtaining benefit under false pretense. 31 Del.C. § 1003 7.1.91Falsification of reports, statements, or documents. 31 Del.C. §1004 7.1.92Kickback schemes and solicitation. 31 Del.C. §1005 7.1.93Conversion of benefit payment. 31 Del.C.§ 1006 7.1.94Intentional abuse, neglect, mistreatment, or exploitation of an infirm adult. 31 Del.C. § 3913 7.2Crimes substantially related to the practice of occupational therapy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. PLEASE NOTE: AS THE REST OF THE SECTIONS WERE NOT AMENDED, THEY ARE NOT BEING PUBLISHED. A COMPLETE SET OF THE RULES AND REGULATIONS FOR THE BOARD OF PHARMACY IS AVAILABLE AT: http://www.state.de.us/research/AdminCode/title24/2000%20Board%20of%20Occupational%20Therapy.shtml#TopOfPage DEPARTMENT OF EDUCATION14 DE Admin. Code 742 Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) 742 Compensation of District Personnel Under Specific Project Proposals A.Type of Regulatory Action Required Amendment to Existing Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code 742 Compensation of District Personnel Under Specific Project Proposals in order to add a reference to charter schools and change the title and the regulation so the regulation refers only to federal projects. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses staff compensation issues not student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses staff compensation not issues of an equitable education. 3.Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses staff compensation issues not health and safety issues. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses staff compensation issues not students’ legal rights. 5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity. 8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. 9.Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost the State and to the local school boards of compliance with the regulation. 742 Compensation of School District and Charter School Personnel Under Specific Project Proposals Federal Projects 1.0A school district or charter school may use Federal or local federal funds to: 1.1Employ additional administrative, supervisory and teaching personnel, or other necessary personnel beyond those allocated in Delaware Code, Title 14, in order to implement a federally or locally supported project. 1.2Extend the employment of a ten or eleven month employee through the eleventh and twelfth month for purposes of conducting a federally or locally supported program. Part-time assignments shall be paid a pro-rata share. 1.3Employ teachers of the school district or charter school during the school year for additional hours each week to support such activities as extra-time instruction federally supported programs. 1.4Employ full-time instructional personnel who are qualified for administrative or supervisory positions to carry on administrative or supervisory activities of a federally supported program beyond the regular school day or school week. 1.5Pay a salary equal to the combined Sstate and local salary of other persons in similar assignments at the same rank. 1.6Pay an hourly rate for a part-time assignment as an amount pro-rated against the annual salary for the same rank and assignment and in accordance with the qualifications of the individual so assigned and in accordance with previous sections of this statement. 2.0 A district shall: 2.1 Where applicable include a description of the position in the project proposal as presented to the Department of Education for approval. 2.2 In describing any new or additional position, align it with a recognized rank as described in Delaware Code, Title 14; or in the case of a nonpublic school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work. 2.3 Include in the benefits of the employee all of those benefits that accrue to an employee of the State or the local school district except that the benefit of the provisions of 14 Del.C. Ch. 14 shall not apply to any person whose salary is paid from Federal funds in whole or in part. 2.4 Seek and obtain approval of a Federally-funded project through the office of the appropriate coordinator in the Department of Education prior to the assignment of personnel for the assumption of duties and payment of wages or salary. 2.5 Comply with the maximum hourly compensation rates as published by the Department of Education unless there is authorization to pay at a per diem rate. See 3 DE Reg. 755 (12/1/99) 2.0A school district or charter school shall not: 2.1Supplant funds for a local or state position by substituting federal funds for payment of that position. 2.2Pay a salary to cover paid vacation days during intended federal employment when that federal employment is an extension of a ten or eleven-month school year as assigned and paid by the state. 3 DE Reg. 755 (12/1/99) 3.0A district shall not: 3.1Supplant funds for a local or State position by substituting Federal funds for payment of that position. 3.2Pay a salary to cover paid vacation days during intended Federal employment when that Federal employment is an extension of a ten- or eleven-month school year as assigned and paid by the State. 3.0For federal project proposals that require the approval of the Department of Education, the applicant shall: 3.1Describe any new or additional position, align it with a recognized rank as described in Delaware Code Title 14 or in the case of a nonpublic school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work. 3.2Include in the benefits of the employee all of those benefits that accrue to an employee of the state or the local school district or charter school except that the benefit of the provisions of 14 Del.C. Ch. 14 shall not apply to any person whose salary is paid from federal funds in whole or in part. 3.3Seek and obtain approval of the project through the Department of Education prior to the assignment of personnel for the assumption of duties and payment of wages or salary. 4.0Local school districts shall comply with the maximum hourly compensation rates as published by the Department of Education. DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 107 (31 Del.C. §107) PUBLIC NOTICE Food Stamp Program In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 107, Delaware Health and Social Services (DHSS) / Division of Social Services / Medicaid/Medical Assistance Program is proposing to amend the policy of the Food Stamp Program in the Division of 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 Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by October 31, 2004. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. Summary Of Proposed Changes Citation 7 CFR 273.7(j): Certification of Eligible Households – Work Provisions – Voluntary Quit and Reduction of Work Effort Previous regulations required States to impose voluntary quit sanctions only on active individuals. When an individual was not getting benefits, States had to wait until the individual reapplied for benefits to impose the sanction. The regulations were changed to allow States to impose voluntary quit sanctions even if the household’s certification had ended and the household did not reapply for benefits. This means the sanctions can be applied while the case is closed. DSS PROPOSED REGULATION #04-08 REVISIONS: 9026 Voluntary Quit [273.7(n)] No individual who voluntarily quit his/her most recent job or reduced work hours to less than 30 hours per week, without good cause will be eligible to participate in the Food Stamp Program as specified below. At the time of application, explain to the applicant the consequences of the individual quitting his or her job without good cause. 9026.1 Application Processing 1)When a household files an application for participation or when a participating household reports the loss of a source of income, determine whether any household member voluntarily quit a job. Benefits will not be delayed beyond the normal processing times specified in DSSM 9028 pending the outcome of this determination. This provision applies only if the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by 30 hours; the quit occurred within 60 days prior to the date of application or anytime thereafter; and the quit was without good cause. Changes in employment status that result from reducing hours of employment while working for the same employer, terminating a self employment enterprise or resigning from a job at the demand of the employer will not be considered as a voluntary quit for the purpose of this subsection. An employee of the Federal Government or of a state or local government, who participates in a strike against such government and is dismissed from his or her job because of participation in the strike, will be considered to have voluntarily quit a job without good cause. 2)In the case of an applicant household, determine whether any currently unemployed (i.e., employed less than 30 hours per week or receiving less than weekly earnings equivalent to the Federal minimum wage multiplied by 30 hours) household member who is required to register for work has voluntarily quit his or her most recent job within the last 60 days. If DSS learns that a household has lost a source of income after the date of application but before the household is certified, determine whether a voluntary quit occurred. 3)In the case of a participating household, determine whether any household member voluntarily quit his or her job or reduced work his or her hours, while participating in the Program. 4)If the determination of voluntary quit is established, determine if that member is the head of the household per DSSM 9014 or another household member. 5)Upon a determination that the head of household/individual voluntarily quit employment, determine if the voluntary quit was with good cause as defined in DSSM 9026.3. In the case of an applicant household, if the voluntary quit was without good cause, the household's application for participation will be denied and the appropriate period of ineligibility imposed per DSSM 9021.2. Provide the applicant household with a notice of denial informing the household of the following items: •The proposed disqualification period, •Its right to reapply at the end of the period of ineligibility, •Its right to a fair hearing. If DSS determines that the head of a participating household/individual voluntarily quit his/her job or reduced his/her work hours while participating in the program or discovers a quit or reduction of work hours which occurred within sixty (60) days prior to application or between application and certification, provide a notice of adverse action within ten (10) days after the determination of a voluntary quit is made. The notification must contain the proposed period of ineligibility and must specify that the household may reapply at the end of the sanction. The periods of ineligibility are imposed according to DSSM 9021.2, and is effective upon the issuance of the notice of denial. For those households which leave the program before the sanction can be levied, do not impose the sanction until the household returns to the program. If a voluntary quit or reduction in work effort occurs in the last month of a certification period, or it is determined in the last 30 days of the certification period, the individual must be denied recertification for a period equal to the appropriate mandatory disqualification period. The beginning of the disqualification starts with the first day after the last certification period ends and continues for the length of the disqualification period, regardless of whether the individual reapplies for food stamps. Example: It is determined that a participating individual quit his job without good cause in the last month of the certification period. The individual does not reapply for benefits. The individual is disqualified for three months starting with the first day after the certification period ended. •If the individual reapplies before the three month period has ended, the individual is denied benefits due to the voluntary quit sanction. •If the individual reapplies after the three month period has ended, the disqualification period has been served and eligibility can be determined. Each household has a right to a fair hearing to appeal a reduction or termination of benefits due to a determination that the household's head voluntarily quit his/her job without good cause. If the participating household requests a fair hearing and the Division's determination is upheld, the disqualification period begins with the first month after the hearing decision is rendered. Household heads who have been disqualified for quitting a job will carry their sanction with them if they join a new household as its head. The new household will be ineligible for the remainder of the sanction period unless the person who caused the disqualification ends it per DSSM 9021.4. 6)If an application for participation is filed in the third month of disqualification, use the same application for the denial of benefits in the remaining month of disqualification and certification for any subsequent month(s) if all other eligibility criteria are met. 9026.2 Exemptions From Voluntary Quit Provisions Persons exempt from the full-time work registration provisions are also exempt from voluntary quit provisions (See DSSM 9018.3). 9026.3 Good Cause Good cause for leaving employment includes the good cause provisions found in DSSM 9025 and resigning from a job that does not meet the suitability criteria specified at DSSM 9022. Good cause for leaving employment also includes: 1)Discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs; 2)Work demands or conditions that under continued employment would be unreasonable, such as working without being paid on schedule; 3)Acceptance by the head of household of employment, or enrollment at least halftime in any recognized school, training program or institution of higher education, that requires the head of household to leave employment; 4)Acceptance by another household member of employment or enrollment at least half time in any recognized school, training program, or institution of higher education in another county which requires the household to move and thereby requires the head of household to leave employment; 5)Resignations by persons under the age of 60 which are recognized by the employer as retirement; 6)Employment which becomes unsuitable by not meeting the criteria specified in DSSM 9022 after the acceptances of such employment; 7)Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours which, because of circumstances beyond the control of the head of household, subsequently either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the federal minimum wage multiplied by 30 hours; and 8)Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for food stamp benefits between jobs, particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of previous employment will be considered as with good cause if it is part of the pattern of that type of employment. 9026.4 Voluntary Quit Verification To the extent that the information given by the household is questionable as defined in DSSM 9033, request verification of the household's statements. The primary responsibility for providing verification as provided in DSSM 9035 rests with the household. If it is difficult or impossible for the household to obtain documentary evidence in a timely manner, assistance will be offered to the household to obtain the needed verification. Acceptable sources of verification include but are not limited to the previous employer, employee associations, union representatives, and grievance committees or organizations. Whenever documentary evidence cannot be obtained, substitute a collateral contact. The Division is responsible for obtaining verification from acceptable collateral contacts provided by the household. If the household and the Division are unable to obtain requested verification from these or other sources because the cause for the quit resulted from circumstances that for good reason cannot be verified, such as a resignation from employment due to discrimination practices or unreasonable demands by an employer or because the employer cannot be located, the household will not be denied access to the Food Stamp Program. 9026.5 Ending a Voluntary Quit Or A Reduction In Work Hours Disqualification Following the end of the disqualification period, as defined in DSSM 9021.2, a household may begin participation in the program if it applies again and is determined eligible. Eligibility may be reestablished during a disqualification period and the household will, if otherwise eligible, be permitted to resume participation if the violator becomes exempt from the work registration requirements through DSSM 9018.3, other that through exemptions based on items (3) and (5) of that sections. Should a household which has been determined to be non-compliant without good cause split into more than one household, the sanction will follow the member who caused the disqualification. If a head of household who committed the violation joins another food stamp household as head of the household, that household is ineligible for the balance of the period of ineligibility. DEPARTMENT OF SAFETY AND HOMELAND SECURITYStatutory Authority: 21 Delaware Code, Section 4101(d) (21 Del.C. §4101(d)) PUBLIC NOTICE Notice is hereby given that the Secretary of the Department of Safety and Homeland Security, formerly the Secretary of the Department of Public Safety, in accordance with 21 Del.C. §4101(d) and 73 Del. Laws, c. 350, sec. 92 intends to promulgate regulations. These regulations will regulate the administration of the Electronic Red Light Safety Program in unincorporated areas of the State of Delaware. The Electronic Red Light Safety Program through the use of traffic light signal monitoring systems will impose monetary liability on owners or operators of motor vehicles for failure to comply with traffic light signals. A public hearing will be held on Monday, November 1, 2004 at 11:00 A.M. in the second floor main conference room (rm. 205) of the Safety and Homeland Security Building, 303 Transportation Circle, Dover, DE. The Secretary of Safety and Homeland Security will receive and consider input in writing from any person on the proposed regulations. Any written comments should be submitted to the Department of Safety and Homeland Security, in care of William G. Bush, IV, at P.O. Box 818, Dover, DE 19903-0818 on or before November 1, 2004. Anyone wishing to obtain a copy of the proposed regulations may do so by sending a written request to the Department of Safety and Homeland Security, P.O. Box 818, Dover, DE 19903-0818 or may obtain a copy in room 220 of the Safety and Homeland Security Building, 303 Transportation Circle, Dover, DE. This notice will be published in two newspapers of general circulation not less than twenty (20) days prior to the date of the hearing. Electronic Red Light Safety Program (ERLSP) 1.0Statement of Purpose The purpose of these regulations are to provide for the establishment and administration of a program in unincorporated areas of the State of Delaware imposing monetary liability on owners or operators of motor vehicles for failure to comply with traffic light signals. These regulations are being promulgated in accordance with 21Del.C. §4101(d) and 73 Del. Laws, c. 350, sec. 92. 2.0Locations of Traffic Light Signal Monitoring Systems There shall be up to 10 locations in unincorporated areas of the State of Delaware where traffic light signal monitoring systems shall be installed and operated. 3.0Nestor Traffic Systems, Inc. The Department of Transportation has selected Nester Traffic Systems, Inc. to provide traffic light signal monitoring systems for unincorporated areas of the State of Delaware and to assist in administering the Electric Red Light Safety Program in unincorporated areas of the State of Delaware. Nestor Traffic Systems, Inc. and its employees may participate in the administration of the Electronic Red Light Safety Program. 4.0Fines The owner or operator of a vehicle that commits a violation by failing to comply with a traffic light signal, as evidenced by information obtained from a traffic light signal monitoring system, shall be subject to a civil assessment in the amount of $75. 5.0Violation Criteria For a violation to occur, the front of a vehicle must be behind the stop line marked on the pavement at the time the traffic light signal turns red and must then continue into the intersection while the traffic light signal is red. 6.0Determination of Violation An employee of the Delaware State Police shall review video evidence from a traffic light signal monitoring system and make a determination as to whether a violation has occurred. If a determination is made that a violation has occurred, a Notice of Violation shall be sent to the registered owner of the vehicle that committed the violation. 7.0Exemptions The following vehicles are exempt from receiving a notice of violation: 7.1Emergency vehicles with active emergency lights; 7.2Vehicles moving through the intersection to avoid or clear the way for a marked emergency vehicle; 7.3Vehicles under police escort; and 7.4Vehicles in a funeral procession. 8.0Notice of Violation Content A Notice of Violation shall contain: 8.1A civil violation number; 8.2The name and address of the registered owner of the vehicle that committed the violation; 8.3The registration number of the motor vehicle involved in the violation; 8.4The violation charges; 8.5The location where the violation occurred; 8.6The date and time of the violation; 8.7The date the notice of violation is mailed; 8.8Four images that demonstrate proof of a violation. This shall include: 8.8.1An image showing the vehicle behind the stop line, light is red; 8.8.2An image showing vehicle within intersection, light is red; 8.8.3An image showing a close-up of the license plate; and 8.8.4An image showing the rear of vehicle, with license plate; 8.9The amount of the civil assessment imposed and the date by which the civil assessment should be paid; 8.10Information advising an owner or operator of a vehicle regarding the manner, time and place by which liability as alleged in a Notice of Violation may be contested and warning that the failure to pay the civil assessment or to contest liability within 30 days of the mailing of the Notice of Violation is an admission of liability and may result in a judgment being entered against the owner or operator and/or the denial of the registration or the renewal of the registration of any of the owner’s vehicles; and 8.11Notice concerning a person’s ability to rebut the presumption that he or she was the operator of the vehicle at the time of the alleged violation and the means for rebutting the presumption. 9.0Affidavits 9.1If the registered owner of a vehicle whom has received a notice of violation contends that he/she was not the operator of the vehicle at the time of the violation, he/she will be required to submit an affidavit denying that he/she was an operator and shall provide the name and address of the operator at the time of the violation. 9.2If the registered owner is a leasing company that rents/leases vehicles, that leasing company must provide by affidavit the name and address of the person or entity who rented/leased or otherwise had care, custody, or control of the vehicle at the time of the violation. 9.3If a vehicle, or its plates were stolen at the time of the alleged violation, the registered owner must provide an affidavit denying he/she was an operator and provide a certified copy of the police report/log reflecting such theft. 9.4An affidavit must be provided by the registered owner of a vehicle receiving a Notice of Violation within 30 days of the mailing date of the Notice of Violation. 9.5Upon receipt of an affidavit by the State of Delaware or Nestor Traffic Signals, Inc., the newly implicated person will be mailed a notification informing him/her of the violation. 10.0Payment of Civil Assessment A person electing to pay a civil assessment should make payment by check or money order to ERLSP. Payment should be made by mail to: P.O. Box 2018, Winchster, VA 22604 or at such other address as specified on the Notice of Violation. 11.0Procedures to Contest a Violation A hearing to contest a violation will be heard in the Justice of the Peace Court for the State of Delaware. A person receiving a Notice of Violation may request a hearing to contest a violation by sending such request to the address provided with or on the Notice of Violation within 30 days of the date the Notice of Violation was sent to the owner or operator of the vehicle. If a request for a hearing is not made within 30 days of the Notice of Violation being sent to the owner or operator of the vehicle, that person or entity has waived the right to contest the violation. 12.0Failure to Pay Civil Assessment If the owner or operator of a vehicle does not pay a civil assessment within 30 days of the Notice of Violation being sent to the owner or operator of the vehicle or does not successfully contest a violation, the Division of Motor Vehicles may refuse to register and/or deny the renewal of the registration of any of the owner’s vehicles. Additionally, the Department of Transportation may pursue a civil action, including seeking judgment and execution on a judgment against the owner or operator of the vehicle. DEPARTMENT OF STATEDIVISION OF HISTORICAL AND CULTURAL AFFAIRSStatutory Authority: 30 Delaware Code, Section 1815(b), (30 Del.C. §1815(b)) PUBLIC NOTICE Title: Amendments to the Regulations Governing the Historic Preservation Tax Credit Brief Synopsis: The Historic Preservation Tax Credit Act (30 Del.C. Ch. 18, Subch. II) was first enacted by the General Assembly in 2001 and was amended in 2002, 2003 and 2004. Program regulations were adopted in July, 2002 (6 DE Reg. 108 (7/1/02).and were amended in July, 2004 (8 DE Reg. 194 (7/1/04). The 2004 amendments allowed for phasing of rehabilitation projects. The purpose of the following proposed regulatory amendments is to implement the code changes of 2004 and to clarify various sections of the regulations. As to the phasing of projects under this program, the proposed amendments modify six sections of the regulations (§3.0, §5.4, §6.1, §6.3, §6.4, §6.5, §7.1). As to clarification of the regulations, the proposed amendments modify eight sections of the regulations (§1.0, §3.0, §4.1, §4.2, §4.4, §5.1, §5.2, §5.3, §5.5, 5.6, §5.7, §5.8, §5.9, §5.10, §5.11, §6.2, §6.3, §6.4). The Historic Preservation Tax Credit Act is designed to promote community revitalization and redevelopment through the rehabilitation of historic property by providing tax credits for expenditures made to rehabilitate any certified historic property. Statutory Basis or Legal Authority to Act: 30 Del.C. §1815(b) Other Regulations that may be Affected by the Proposal: The State Bank Commissioner and the Division of Revenue will adopt regulations or issue guidelines for tax elements of the Historic Preservation Tax Credit Act. Notice of Public Comment: PLEASE TAKE NOTICE, pursuant to 29 Del.C. Ch. 101, the Division of Historical and Cultural Affairs proposes to amend rules and regulations pursuant to its authority under 30 Del.C. §1815(b). The Division will receive and consider all written comments on the proposed rules and regulations related to implementation of amendments to the Historic Preservation Tax Credit Act. Comments should be submitted to the Division in care of Daniel R. Griffith, Director, Division of Historical and Cultural Affairs, 21 The Green, Suite B, Dover, DE 19901. The final date to submit comments is October 31, 2004. Anyone wishing to obtain a copy of the proposed amendments to the rules and regulations should notify Daniel R. Griffith at the above address or call 302-739-5685. This notice will be published in two newspapers of general circulation. Prepared by: Daniel R. Griffith, Director 302-739-5685 September 15, 2004 Proposed Regulations Governing the Historic Preservation Tax Credit Act: 1.0Scope A person or business entity that owns and rehabilitates a certified historic property may receive a credit against personal Delaware State income tax or bank franchise tax liabilities according to procedures and criteria established in these regulations and those that may be promulgated by the Division of Revenue or the State Bank Commissioner. Any person eligible for credits under this Chapter, except a person engaged in a resident curator relationship, may transfer, sell or assign any or all unused credits. except a person engaged in a resident curator relationship. 6 DE Reg. 108 (7/2/02) 2.0Statutory Authority These regulations are created pursuant to 30 Del.C. Ch. 18, Subch. II which authorizes the Division of Historical and Cultural Affairs to promulgate regulations for implementation of the provisions of this subchapter (except tax-related procedures) including, but not limited to, setting of fees and development of standards for the rehabilitation of eligible historic properties. The subchapter further authorizes the Division of Historical and Cultural Affairs to promulgate the application and forms governing participation in the certification program. 3.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Act” means the 30 Del.C. Ch. 18, Subch. II. “Application” means the Delaware Historic Preservation Tax Credit application that shall consist of threefour parts, as follows: the Request for Certification of Historic Property (Part 1); the Request for Certification of Rehabilitation (Part 2); and the Request for Certification of Completion (Part 3), and the Request for Credit Award. “Certified historic property” or “qualified property” means a property located within the State of Delaware that is: •individually listed in the National Register of Historic Places; or •located in a historic district listed in the National Register of Historic Places and certified by the United States Secretary of the Interior as contributing to the historic significance of that district; or •individually designated as a historic property by local ordinance and certified by the Delaware State Historic Preservation Office as meeting the criteria for inclusion in the National Register of Historic Places; or •located in a historic district set apart or registered by a local government, certified by the Delaware State Historic Preservation Office as contributing to the historic significance of such area, and certified by the Delaware State Historic Preservation Office as meeting the criteria for inclusion in the National Register. "Certification of Completion", "Completion Certificate" or "Certificate of Completion" means the certificate issued by the Delaware State Historic Preservation Officer attesting that certified rehabilitation, or, if applicable, phase thereof, has been completed and that the documentation of qualified expenditures and project plans that would be required in order to qualify for tax credits under Section 47 of the Internal Revenue Code (whether or not such project would be eligible for such federal tax credit) has been obtained. “Certified rehabilitation” means rehabilitation of a certified historic structure property or portion thereof that has been certified by the Delaware State Historic Preservation Officer as a substantial rehabilitation, and is in conformance with the Standards of the Secretary of the Interior’s Standards for Rehabilitation (36 CRF, part 67) or such other standards as the Delaware State Historic Preservation Office shall from time to time adopt. “Credit award” means the amount of qualified expenditures as determined by the State Office as part of the Part 2 approval multiplied by the appropriate amountpercentage as determined in 30 Del.C. §1813. “Delaware State Historic Preservation Officer” means the person designated and appointed in accordance with 16 USC §470a(b)(1)(a). “Federal tax credit” means the Federal Rehabilitation Tax Credit as defined in the United States Tax Code, Title 26, Subtitle A, Chapter 1, Subchapter A, Part IV, Subpart E, Section 47. “Fiscal Year” means the State’s of Delaware’s fiscal year. “National Register of Historic Places” or “National Register” means the National Register of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture that the United States Secretary of the Interior is authorized to expand and maintain pursuant to Section 101(a)(1) of the National Historic Preservation Act of 1966, as amended. "Office" or "State Office" means the Delaware State Historic Preservation Office. "Owner-occupied historic property" means any certified historic property, or any portion thereof, which is owned by a taxpayer and is being used, or within a reasonable period will be used, by such taxpayer as the taxpayer's principal residence. “Reasonable period” shall mean within six months of the issuance of the Certification of Completion. The State Office, in its sole discretion, may offer one extension, not to exceed three months, for cause. Such property may consist of part of a multiple dwelling or multiple purpose building or series of buildings, including a cooperative or condominium. If only a portion of a building is used as the principal residence, only those qualified expenditures that are properly allocable to such portion shall be eligible under this subchapter. "Person" means any individual, any form of company or corporation which is lawful within the State of Delaware (including limited liability companies and S corporations) whether or not for profit, any form of partnership which is lawful within the State of Delaware (including limited liability partnerships) whether or not for profit, any trust or estate, and any lawful joint venture. "Person" shall also mean any governmental entity, pass-through entity, or person under a lease contract for five years or longer. “Phased rehabilitation” means any certified rehabilitation of a certified historic property reasonably expected to be completed in two or more distinct stages of development as more fully described in Treasury Regulation 1-48-12(b)(v) or any successor provision. "Property" means real estate and shall include any building or structure, including multiple-unit structures. “Qualified expenditure” means any amount properly expended by a person for the certified rehabilitation of a certified historic property, but shall not include: •acquisition of real property or acquiring an interest in real property; •any addition to an existing structure except where the combined square footage of all additions is 20% or less than the total square footage of the historic portion of the property and each such addition is approved by the Delaware State Historic Preservation Officer, pursuant to federal guidelines, as: •preserving the character-defining features of the certified historic property, •adequately differentiating the new construction from the existing structure, and •complying with requirements regarding safety and accessibility in a manner reasonably designed to minimize any adverse impact on the certified historic property; •paving or landscaping costs which exceed 10% of the total qualified expenditures; •sales and marketing costs; or •expenditures not properly charged to a capital account, including in the case of owner-occupied property, expenditures that would not properly be charged to a capital account where the owner using such property is a trade or business. “Reasonable period” means that an owner must occupy the rehabilitated property as their principal residence within six months of the issuance of the Certificate of Completion. The State Office, in its sole discretion, may offer one extension, not to exceed three months, for cause. “Resident Curator” means a person who has entered into a contractual agreement with the owner of a qualified property in which the person agrees to pay for full restoration of the owner’s qualifying property in exchange for a life tenancy in the property without remunerative compensation to the owner for the life tenancy. “Substantial rehabilitation” or “full restoration” means rehabilitation of a certified historic property for which the qualified expenditures, during the 24-month period, or the 60-month period for a phased rehabilitation, selected by the taxpayer and ending with or within the taxable year, exceed: •for income-producing property, and non-income producing property other than owner-occupied historic property, the current standard required by Section 47(c)(1)(C) Internal Revenue Code; and •for owner-occupied historic property or property under contract with a resident curator, $5,000. “Taxpayer” means any person as defined in this section, and shall include any individual or corporation taxable under Title 5, or taxable under either 30 Del.C. Ch. 11 or 30 Del.C.Ch. 19. 6 DE Reg. 108 (7/1/02) 8 DE Reg. 194 (7/1/04) 4.0Procedures for Certification of Historic Property 4.1A taxpayer may request that a property in a National Register listed or locally designated historic district be certified by the Delaware State Historic Preservation Officer as a certified historic property by filing the Part 1 application with the State Office. The Part 1 application shall be filed on standard forms available from the State Office. An incomplete application will not be processed until all required application information has been received. The State Office will notify the taxpayer of the additional information needed to undertake or complete the review. 4.2An incomplete Part 1 application will not be processed until all required application information has been received. Where adequate documentation is not provided, the State Office will notify the taxpayer of the additional information needed to undertake or complete the review. 4.3The Delaware State Historic Preservation Officer shall determine whether the property for which a complete Part 1 application is received meets the definition of certified historic property and will notify the taxpayer of the decision. 4.4Taxpayers of properties If a property is individually listed in the National Register, do not need to submitsubmission of a Part 1 application is not required. The name of the historic property and its date of listing in the National Register must be provided in the Part 2 application. 6 DE Reg 108 (7/1/02) 5.0Procedures for Certification of Rehabilitation 5.1A taxpayer may request a determination by the Delaware State Historic Preservation Officer that a proposed substantial rehabilitation plan meets the criteria for certification by filing a Part 2 application with the State Office. The Part 2 application shall be filed on standard forms available from the State Office. 5.2A taxpayer must submit Part 1 of the application prior to, or with, Part 2. The Part 2 of the application will not be processed until an adequately documented and approved Part 1 application, where required as outlined in Section 4.0 of these regulations, is on file. 5.3An incomplete Part 2 application will not be processed until all required application information has been received. Where adequate documentation is not provided, the State Office will notify the taxpayer of the additional information needed to undertake or complete review. 5.4A taxpayer requesting approval of a phased rehabilitation plan shall provide the State Office with a description of the phases and their completion dates when submitting the Part 2 application. The Delaware State Historic Preservation Officer will notify the taxpayer if the phased rehabilitation plan is approved. The final completion date for a phased rehabilitation is binding unless the taxpayer requests a change in writing. For a phased rehabilitation, the taxpayer has 60 months to meet the substantial rehabilitation test. 5.4.5The Delaware State Historic Preservation Officer shall determine whether the proposed substantial rehabilitation for which a complete application is received under Section 5.1 of this regulation meets the definition of a certified rehabilitation and shall send the taxpayer notice of the determination and of the credit award. The State Office may require modifications to the plan in order to meet the definition of a certified rehabilitation. 5.5.6A Request for Credit Award application must be submitted with the Part 2 application. The Part 2 application A taxpayer must also provide cost estimates of qualified expenditures prepared by a licensed architect, engineer, or contractor or a certified construction cost estimator. for the proposed rehabilitation. This information will be used to determine the credit award for approved Part 2 applications. 5.5.7The amount of tax credit applied against the qualified expenditures in accordance with 30 Del.C. §1813shall represent the credit award. The cost estimate supplied by the taxpayer in accordance with Section 5.6 will be used to determine the credit award for approved Part 2 applications. 5.5.8Credits will be awarded in chronological order based upon the date and time on which each application receives Part 2 approval from the State Office. The State Historic Preservation Officer shall notify the taxpayer of the amount of the credit award. 5.5.9In the alternative, the Delaware State Historic Preservation Officer may certify a rehabilitation plan andissue a Part 2 approval to any taxpayer who has obtained a Part 1 and Part 2 certification from the federal government pursuant to 36 CFR 67. where applicable. Under this provision, a taxpayers must file the State of Delaware Part 2 cover form containing as well as the information required under Section 5.5 5.6 of these regulations. 5.5.10All taxpayers must begin construction on the approved Part 2 certified rehabilitation plan within one year of receiving the Part 2 approval. Taxpayers, having received Part 2 approval, must notify the State Office in writing of the start date of the rehabilitation work. If construction on the rehabilitation plan is not substantially commenced and is being diligently pursued within this time period, the taxpayer will forfeit the awarded credits, and the credits awarded to such taxpayer will become available for award to other taxpayers. Substantially commenced and diligently pursued means that at a minimum 25% of the estimated rehabilitation costs must have been expended. The State Office reserves the right to obtain documentation from the applicant supporting the expenditure. 5.10.11The project may be inspected by the Delaware State Historic Preservation Officer or his/her designated representative to determine if the work is consistent with the approved Part 2 certified rehabilitation plan, or and if the project has substantially commenced and is being diligently pursued. 6 DE Reg. 108 (7/1/02) 6.0Procedures for Certification of Completion 6.1Upon completion of a certified rehabilitation, or an approved project phase thereof, the taxpayer must submit a Part 3 application with required documentation and a final accounting of qualified expenditures, to the Delaware State Historic Preservation Office. The completed project may be inspected by the Delaware State Historic Preservation Officer or his/her designated representative to determine if the work meets the definition of a certified rehabilitation. 6.2An incomplete Part 3 application will not be processed until all required application information has been received. Where adequate documentation is not provided, the State Office will notify the taxpayer of the additional information needed to undertake or complete the review. The completed project may be inspected by the Delaware State Historic Preservation Officer or his/her designated representative to determine if the work meets the definition of a certified rehabilitation. 6.2 3Upon approval by the State Office that the completed rehabilitation, or an approved phase thereof,meets the definition of a certified rehabilitation, the State Office shall submit the documentation of qualified expenditures to the Division of Revenue or the State Bank Commissioner, as appropriate, and request a determination of the value of the tax credit for the completed project or an approved phase. 6.3 4Upon receipt from the Division of Revenue of the certification of the value of the tax credit for the project, or an approved phase thereof, associated with the Certificate of Completion by the Division of Revenue or the State Bank Commissioner, the Delaware State Historic Preservation Officer shall issue a Certificate of Completion to the taxpayer. For approved phased rehabilitations, each phase must receive a Certificate of Completion indicating that each phase is a certified rehabilitation in order for the overall project to be considered to be a certified rehabilitation. 6.5In the case of approved phased projects, more than one Certificate of Completion may be awarded to a single rehabilitation project. Credits issued to the initial assignee, or in the case of a tax-exempt assignee, to the first taxable transferee after the associated phase completion, shall be subject to revocation and repayment to the Delaware Division of Revenue or the Office of the State Bank Commissioner if, under regulations issued by the State Office, a phased rehabilitation is not completed by the agreed upon completion date indicating that the applicant for the credit award is unable or unwilling to complete it, or in the event that the project does not meet the certification requirements previously agreed to with the State Office. 6.4 6In no event shall the credit claimed by a taxpayer exceed the approved Part 2 credit award. 6 DE Reg. 108 (7/1/02) 7.0Fees for Processing Rehabilitation Certification Request 7.1The fee for review of rehabilitation work for projects where the qualified expenditures are over $100,000 is $250 for each separate application. The fee from a single taxpayer for multiple projects submitted at the same time shall not exceed $2,500. Final action will not be taken on any application until the appropriate remittance is received. No fee will be charged for rehabilitation projects where the qualified expenditures are under $100,000. 7.2The fee, where applicable, must be submitted with the Part 3 application. For phased projects, the fee must be submitted with the first Part 3 submitted. All checks shall be made payable to the State of Delaware. 8.0Resident Curator Program 8.1Curatorship property is subject to periodic inspection by the State Office during the tax years in which the credit is applicable. 8.2Improvements to curatorship property must be completed within five years from the date of execution of the contract between the owner and the resident curator. 8.3Curatorship property must not be used for commercial purposes. 8 DE Reg. 194 (7/1/04) 9.0Administrative Review 9.1A taxpayer whose application has been disapproved by the Delaware State Historic Preservation Officer under these regulations may file a written request for review with the Secretary of State or the Secretary’s designee within 60 days after the notice of disapproval is sent. 9.2The Secretary of State or the Secretary’s designee shall review the request within 60 days after receipt of the request. If the Secretary of State or the Secretary’s designee determines that the application filed meets the standards set forth in these regulations the application shall be considered approved. If the Secretary of State or Secretary’s designee determines that the application filed does not meet the standards set forth in these regulations, the application shall be disapproved. The Secretary of State or Secretary’s designee shall promptly notify the taxpayer of the Secretary’s determination. 9.3A taxpayer whose application has been disapproved by the Secretary of State may appeal that action in accordance with the Administrative Procedures Act, 29 Del.C. §10101 et. seq. 9.4An appellant who has exhausted all administrative remedies shall be entitled to judicial review in accordance with 29 Del.C. Ch. 101, Subch. V of the Administrative Procedures Act. 6 DE Reg. 108 (7/1/02) DEPARTMENT OF ADMINISTRATIVE SERVICESDIVISION OF PROFESSIONAL REGULATION GAMING CONTROL BOARDStatutory Authority: 28 Delaware Code, Section 1503 (28 Del.C. §1503) 24 DE Admin. Code 401 ORDER Pursuant to 29 Del.C. §10118 and 28 Del.C. §1503, the Delaware Gaming Control Board ("Board") hereby issues this Order, adopting a proposed amendment to the Board's Bingo Rules. Following notice and a public hearing held on August 5, 2004 on the proposed Rule, the Board makes the following findings and conclusions: Summary Of Evidence 1.The Board posted public notice of the proposed rule revision in the May 1, 2004 Register of Regulations and in two Delaware newspapers of general circulation. The proposal contained a proposed amendment to Bingo Regulation 2.3 to provide that all bingo applications, original and supplemental, shall be filed at least six weeks before the scheduled event. 2.The Board received no comments from the public either in writing or at the public hearing. Findings Of Fact 3.The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing regarding the proposed rule amendment. The Board received no public comments. 4.The Board finds that the proposed amendment to Bingo Regulation 2.3 should be adopted in its proposed form. Conclusion 5.The proposed rule amendment was promulgated by the Board in accord with its statutory duties and authority as set forth in 28 Del.C. §1503. The proposed rule will provide for clear guidelines for the submission of all bingo applications and allow the Board sufficient time to review all applications at its regularly scheduled meetings. 6.The Board deems these rules as proposed to be necessary for the effective enforcement of 28 Del.C. chapter 11 and for the full and complete regulation of bingo. 7.The Board concludes that the promulgated amendment to Bingo Regulation 2.3 will be adopted and will now provide as follows: 2.3All original and supplemental applications shall be filed with the Secretary of the Board at least six (6) weeks prior to the date of the occasion. All supplemental applications shall be filed fifteen (15) days prior to the first date of the occasion. 8.The effective date of this Order shall be ten (10) days from the publication of this order in the Registrar of Regulations on October 1, 2004. IT IS SO ORDERED this 2nd day of September, 2004. Frank Long, Chairman John Mancus, Vice-Chairman Ronald Mosher Roland Neeman Thomas R. Trader 401 Regulations Governing Bingo 1.0Definitions “Bingo” A game of chance played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a-card. “Bingo Statute” The statutory law concerning bingo, as contained in 28 Delaware Code, Section 1101 et. seq. “Board” The Delaware Gaming Control Board. “Color Coded” A different color for each of the five letters of the word "BINGO." “Cookie Jar Bingo” A game of chance in which players pay a set fee into a cookie jar or other container and receive a number which entitles the player to entry into a later drawing for the total funds deposited by all other players in the cookie jar or container. 2 DE Reg. 1224 (1/1/99) “Districts” Those districts mentioned in Article II, 917A of the Delaware Constitution. “Equipment” The receptacle and color coded numbered objects to be drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the boards or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address systems, tables, chairs, and other articles essential to the operation, conduct and playing of bingo. “Game” The game of bingo. “Instant Bingo” A game of chance played with sealed or covered cards which must be opened in some fashion by the holder such that the cards reveal instantly whether the holder has won a prize. This type of game includes but is not limited to games commonly known as “rip-offs” or “Nevada pull-tabs.” 2 DE Reg. 1224 (1/1/99) “Member in Charge” A bona fide, active member of the "Qualified Organization" in charge of, and primarily responsible for the conduct of the game on each occasion. “Occasion” A single gathering or session at which a series of successive bingo games (regular, special, or otherwise) is played, not to exceed forty (40) in number. “Proceeds” The gross income received from all activities engaged in or on occasion when bingo is played, less only, such actual expenses incurred as are authorized in the Bingo Statute and these Rules and Regulations. “Qualified Organization” A volunteer fire company, veterans organization, religious or charitable organization, or fraternal society that is operated in a manner so as to come within the provisions of Section 170 of the U.S. Secretary of the Treasury. 2.0Applications For Bingo License. 2.1original applications shall be filed upon: 2.1.1the first application of an organization for a license; 2.1.2after the first application and upon a subsequent change in the organization's charter or bylaws; or 2.1.3in the event of a subsequent application after a prior refusal, suspension, or revocation by the Board. 2.2Supplemental applications for bingo licenses shall be filed in all instances except those covered by the original application. All promotional give-away events, as defined under 28 Del.C. §1139(h)(2), must be listed on an applicant's application for licensure, giving the dates of the promotional give-away events. If the event is not listed on the application, no promotional give-away event can be conducted. 2.3All original and supplemental applications shall be filed with the Secretary of the Board at least six (6) weeks prior to the date of the occasion. All supplemental applications shall be filed fifteen (15) days prior to the first date of the occasion. 2.4No applications (original or supplemental) shall be accepted unless the applicant, at the time of the filing, attaches a check or money order for the full amount of the fees payable by law for each occasion requested. In the event an application is refused by the Board, the application fees shall be refunded in full to the applicant. There shall be a license fee of $15 for each occasion on which bingo is conducted under a license. 2.5No application shall be received by the Commission unless it clearly shows that the applicant is located in and seeks to conduct the game in a district which has approved the licensing of bingo by referendum, and on premises owned or regularly leased by the applicant. If the applicant desires to conduct games on premises specially leased for the occasion, a separate written request therefor (together with supporting reasons) shall accompany the application. The Board reserves the right to accept or reject any application for the conduct of games on specially leased premises. Organization conducting a Function shall prepare and have available on the premises a list of all persons taking part in the management or operation of the Function. Such list shall be maintained as part of the licensees, records of the Function and shall be made available to any member or agent of the Board or law enforcement officer. 2 DE Reg. 1224 (1/1/99) 3.0Bingo Licenses 3.1Upon receiving an application,