DEPARTMENT OF LABOR
Division of Industrial Affairs
Office of Workers’ Compensation
1341 Workers’ Compensation Regulations
The Secretary of Labor, in accordance with 19 Del.C. §§2322B, C, and F, has proposed revisions to the rules and regulations relating to the Delaware Workers’ Compensation Health Care Payment System. These proposals revise sections of the Definitions; Fee Schedule Instructions and Guidelines; as well as revise the Artificial Lumbar Disc Replacement section of the Low Back Practice Guidelines.
A public meeting will be held before the Health Care Advisory Panel (“Panel”) at 4:00 p.m. on May 3, 2010, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules may obtain a copy from Donna Forrest, Medical Component Manager, Office of Workers’ Compensation, Division of Industrial Affairs, Department of Labor, 4425 N. Market Street, Wilmington, Delaware, 19802. Persons wishing to submit written comments may forward them to the Panel at the above address. The final date to receive written comments will be at the public meeting.
The Panel will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public meeting.
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste Management
Section 328(a)(1) of the Clean Air Act requires the EPA to establish requirements to control air pollution from outer continental shelf (“OCS”) sources in order to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of Part C of Title 1 of the Act. 40 CFR Part 55 Outer Continental Shelf Air Regulations establishes the air pollution control requirements for OCS sources and the procedures for implementation and enforcement of the requirements, consistent with the stated objectives of section 328(a)(1) of the Act.
Delaware is proposing to adopt a new regulation which will incorporate by reference the provisions of 40 CFR Part 55. 40 CFR Part 55 is currently implemented and enforced by the EPA, specifically incorporates many of Delaware’s existing air regulations, and makes those regulations applicable to OCS sources (i.e., generally within 25 miles of the State's seaward boundary). This adoption will enable the EPA to delegate to Delaware primary responsibility to implement and enforce these OCS requirements, as opposed to the EPA.
Statements and testimony may be presented either orally or in writing at a public hearing to be held on Wednesday, April 21, 2010 beginning at 6:00 PM in the DNREC’s Priscilla Building Conference Room, 156 S. State Street, Dover, DE. Interested parties may submit comments in writing to: Mark A. Prettyman, DNREC Air Quality Management Section, 156 South State Street, Dover, DE 19901.
Division of Fish and Wildlife
Oyster harvesting regulations need to be updated to clarify when oyster bags and cages are to be tagged. Additionally, a time frame for the retention of tags has been established; so that Enforcement may document the amount of oysters harvested and processed.
Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover DE 1990, (302 739 9914). A public hearing on this proposed amendment will be held on April 29, 2010 at 7:00 P.M. in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 P. M. April 30, 2010.
DEPARTMENT OF STATE
Division of Professional Regulation
100 Delaware Gaming Control Board
Pursuant 28 Del.C. §1122, the Delaware Gaming Control Board has proposed revisions to its rules and regulations.
A public hearing will be held on May 6, 2010 at 1:15 p.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 rules and regulations may obtain a copy from the Delaware Gaming Control Board, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board proposes amendments to Rule 3.1.1 and Rule 3.1.5 in 10 DE Admin. Code 103, which address requirements concerning members of charitable organizations. Currently, Rule 3.1.1 requires that a charitable organization designate a bona fide active member as the Member in Charge primarily responsible for each function. The proposed amendment would prohibit the Member in Charge from working for a third party vendor or performing any service during the function for a third party vendor. Rule 3.1.5 concerns the handling of funds at a function. The proposed amendment would state that any organization member handling the money at a function may not be employed by or assist a third party vendor in performing its duties.
The Board also proposes to add a new rule to 10 DE Admin. Code 104 to require that only members of the charitable organization may receive funds during a Texas Hold’Em Tournament.
Division of Professional Regulation
1600 Commission On Adult Entertainment Establishments
Pursuant to 24 Del.C. §1604, the Commission on Adult Entertainment Establishments has proposed revisions to its rules and regulations.
A public hearing will be held on April 22, 2010 at 2:00 p.m. in the second floor conference room 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 Commission on Adult Entertainment Establishments, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Commission has proposed to add a definition of “substantial portion” to the rules and regulations. This revision implements the recent amendment to the Commission’s licensing law, Chapter 16 of Title 24 of the Delaware Code, with respect to adult oriented retail establishments.
The Board will consider promulgating the proposed rules and regulations at its regularly scheduled meeting following the public hearing.
13 DE Reg. 1359 (04/01/10)