Calendar of Events/Hearing Notices
CALENDAR
April 2006
Department of Agriculture
Delaware Forest Service
NOTICE OF PUBLIC COMMENT PERIOD
The State of Delaware Department of Agriculture Forest Service proposes these amended regulations pursuant to 3 Del.C. §§1008 and 1011. These proposed amended regulations are intended to clarify the duties of the Department’s personnel and the responsibilities of the visitors to the State Forests.
Copies of the proposed amended regulations may be obtained from the Delaware Department of Agriculture by calling 1-800-282-8685, by writing to the Delaware Department of Agriculture, Forestry Administrator at 2320 S. DuPont Hwy., Dover, DE 19901, or visiting the Register of Regulations website at http://www.delregs.state.de.us/index.html. Public comments may be submitted in writing or in person to Austin Short, Forestry Administrator, during the 30-day public comment period which commences with the promulgation of these proposed, amended regulations on April 1, 2006.
Harness Racing Commission
NOTICE OF PUBLIC HEARING
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change rules 8.3.6.1.1 to permit the administration of phenylbutazone to horses of any age. The Commission will hold a public hearing on the proposed rule change on April 25, 2006. Written comments should be sent to Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting on Thursday, April 20, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
Department of Finance
NOTICE OF PUBLIC COMMENT PERIOD
The Division of Revenue proposes to adopt the following regulation concerning the Audit Period for Voluntary Disclosure Agreements Pursuant to 12 Del.C. §1154. Written comments or other written materials concerning the proposed regulation must be received by the Division of Revenue no later than 4:30 p.m., Wednesday, May 1, 2005, and should be addressed to Deputy Attorney General Jos. Patrick Hurley, Esquire, c/o Department of Finance, Division of Revenue, 820 North French Street, Wilmington, DE 19899-8911 or sent by fax to (302)577-8656 or Email to pat.hurley@state.de.us.
department of health and social services
Division of Medicaid and Medical Assistance
PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR §447.205, and, under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid & Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan related to the reimbursement methodology for specialized dental services under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Program.
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 Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by April 30, 2006.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
Division of Social Services
PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding technical eligibility for cash assistance for certain minors.
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, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by April 30, 2006.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
department of natural resources and environmental control
Office of the Secretary
NOTICE OF PUBLIC HEARING
NOTIFICATION OF PROGRAM REGULATIONS FOR “Environmental Standards for Eligible Energy Resources” as required by Senate Bill 74, Renewable Energy Portfolio Standards.
Pursuant to Title 26 Delaware Code, Chapter 1, Subchapter III-A, the Secretary is required to promulgate rules and regulations necessary to establish Environmental Standards for Eligible Energy Resources” as required by Senate Bill 74, Renewable Energy Portfolio Standards.
In addition to the State Register, the proposed Regulation will also be available on the DNREC Website at www.dnrec.delaware.gov and under the “Delaware Energy Office Website at www.delaware-energy.com.
Comments will be accepted by the Delaware Energy Office, 146 South Governors Avenue, Dover, DE 19901 via standard mail or e-mail to charlie.smisson@state.de.us, or fax to 302-739-1527 during the comment period of 4/1/2006 to 4/30/2006.
A public hearing has been scheduled at the Delaware Energy Office, 146 South Governors Avenue, Dover, DE 19904 for 6:00 p.m. on Monday, May 1, 2006.
Division of Air and Waste Management
NOTICE OF PUBLIC HEARING
Title of of the Regulations:
Regulation No. 1102 – “Permits”
Brief Synopsis of the Subject, Substance and Issues:
Delaware must now revise Regulation No. 1102 because the EPA has identified that the regulatory language is not clear that all permits issued pursuant to Regulation No.1102 are federally enforceable. The EPA believes that the current regulatory language implies that only permits intended to limit Potential to Emit of a source are federally enforceable. The Air Quality Management Section agrees with the EPA. Also, as part of this revision the Regulation 1102 numbering will be updated consistent with the style manual of the Code of Delaware Regulations.
Notice of Public Comment:
The public comment period for this proposed amendment will extend through at least April 26, 2006. Interested parties may submit comments in writing during this time frame to: Gene M. Pettingill, Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held on Wednesday, April 26, 2006, beginning at 1:00 PM in the DNREC auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE 19901.
department of state
Division of Professional Regulation
100 Board of Accountancy
NOTICE of public Hearing
The Delaware Board of Accountancy in accordance with 24 Del.C. §105(a)(1) has proposed changes to its rules and regulations. The proposal amends multiple sections of the rules and regulations to conform to changes in practice requirements resulting from the enactment of Senate Bill 27 with House Amendment 1 in July of 2005. The proposed changes to the rules and regulations also contain provisions for online renewal and attestation of having fulfilled continuing education requirements.
A public hearing will be held on April 26, 2006 at 9:00 a.m. in the second floor conference room B 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 regulations may obtain a copy from the Delaware Board of Accountancy, 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 regulation at its regularly scheduled meeting following the public hearing.
Division of Professional Regulation
1770 Respiratory Care Advisory Council
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, pursuant to 29 Delaware Code Chapter 101 and 24 Delaware Code Section 1775 (c), the Respiratory Care Advisory Council of the Delaware Board of Medical Practice has developed and proposes to modify Section 8.0 Continuing Education by amending subsection 8.6.7 to provide clarity to the continuing education requirements that must be met by a licensee seeking to reinstate a license that has lapsed for less than three (3) years. The proposal also includes new subsections 8.6.8 and 8.6.9 establishing additional requirements for applicants who wish to obtain reinstatement after the applicant’s prior license has expired for three or more years. In addition, the proposal modifies Section 10.0 Application for a License by amending subsection 10.2.1.4 to provide individuals who have not been licensed in any jurisdiction within three (3) years of initially passing the NBRC entry level examination will be required to re-take the NBRC examination and provide proof of a current passing score before a license will be issued.
The new subsections delineate the requirements for those applicants who have been engaged in the active practice of respiratory care during a specified period and those who have not.
A public hearing will be held on the proposed Rules and Regulations on Tuesday, April 18, 2006 at 2:30 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Council will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments should be submitted to the Council in care of Gayle MacAfee at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or to make comments at the public hearing should contact Gayle MacAfee at the above address or by calling (302) 739-4520.
Division of Professional Regulation
2000 Board of Occupational Therapy
NOTICE OF RESCHEDULED PUBLIC HEARING
The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006(a)(1) has proposed changes to its rules and regulations related to the online renewal and continuing education.
The hearing originally scheduled for March 15th has been rescheduled for 4:30 p.m. on April 19, 2006 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.
Public Service Commission
NOTICE OF PUBLIC HEARING
In PSC Order No. 5207 (Aug. 31, 1999), the Delaware Public Service Commission (the “Commission”) adopted Rules for Certification and Regulation of Electric Suppliers (the “Rules”).
As a result of an inquiry regarding the Rules from an electric supplier, by Order No. 6098 (Jan. 7, 2003), the Commission ordered the Commission Staff to undertake a review of the Rules and report back to the Commission regarding proposed amendments to the Rules. In order to assist Staff in preparing such a report, the Commission provided that electric suppliers, electric distribution companies, and other interested persons could submit proposed changes to the Rules for Staff’s review prior to the submission of Staff’s report to the Commission.
In compliance with Order No. 6098, Staff conducted several workshops to discuss proposed changes to the Rules. As a result of those workshops, and after consideration of all comments from the various interested parties, Staff has produced a draft of the proposed amended Rules (the “Proposed Amended Rules”) for the Commission’s review and consideration.
The Commission has authority to promulgate such Proposed Amended Rules pursuant to 26 Del.C. §§353 and 362.
The Commission hereby solicits written comments, suggestions, data compilations, briefs, or other written materials concerning the Proposed Amended Rules. Anyone desiring to submit such written comments, suggestions, data compilations, briefs, or other written materials concerning the Proposed Amended Rules shall file ten (10) copies of such materials with the Commission at its office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904. All such materials shall be filed with the Commission on or before May 1, 2006. Persons who wish to participate in the proceedings but who do not wish to submit written materials are asked to send a letter to the Commission informing the Commission of their intent to participate on or before May 1, 2006.
A public workshop will be held at the Commission’s office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904 on Wednesday, May 17, 2006, beginning at 10:00 AM.
The Commission will conduct a public hearing concerning the Proposed Amended Rules on Thursday, May 25, 2006, beginning at 10:00 AM at the Commission’s office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904. Interested persons may present comments, evidence, testimony, and other materials at that public hearing.
The Current Rules and the Proposed Amended Rules and all materials submitted in connection with this docket will be available for public inspection and copying at the Commission’s offices during normal business hours. The fee for copying is $0.25 per page. The Current Rules and the Proposed Amended Rules may also be reviewed at the office of the Division of the Public Advocate located at the Carvel State Office Building, 4th Floor, 820 N. French Street, Wilmington, DE 19801, during normal business hours by appointment. Finally, the Proposed Amended Rules will be available for review on the Commission’s website located at www.state.de.us/delpac.
Any individual with disabilities who wishes to participate in these proceedings should contact the Commission to discuss any auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, in writing, by telephone, or otherwise. The Commission’s toll-free telephone number is (800) 282-8574. Any person with questions may also contact the Commission Staff at (302) 739-4247 or by Text Telephone at (302) 739-4333. Inquiries may also be sent via Internet e-mail to david.bloom@state.de.us.
department of transportation
Division of Motor Vehicles
NOTICE OF PUBLIC COMMENT PERIOD
The Delaware Department of Transportation Division of Motor Vehicles, pursuant to 21 Del.C. §302 and 29 Del.C. Chapter 101, Subchapter II, proposes to amend 10 rules and regulations concerning Division operations. Written comments concerning these proposed regulations should be sent by April 30, 2006 to Jack Eanes, Chief of Operations, Division of Motor Vehicles, 303 Transportation Circle, P.O. Box 698, Dover, Delaware 19903.
