Calendar of Events/Hearing Notices
CALENDAR
August 2005
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting on Thursday, August 18, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
department of health and social services
Division of Social Services
NOTICE OF PUBLIC COMMENT PERIOD
Self-Employment Income
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 several policies in the Division of Social Services Manual (DSSM) to implement a simplified way to calculate self-employment income.
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 19720-0906 by August 31, 2005.
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
NOTICE OF PUBLIC COMMENT PERIOD
Client Cost Sharing for Pharmaceutical Services: Cumulative Maximum
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 the Division of Social Services Manual (DSSM) regarding the Pharmaceutical Services 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 Social Services, P.O. Box 906, New Castle, Delaware 19720-0906 by August 31, 2005.
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
NOTICE OF PUBLIC COMMENT PERIOD
Child Care Subsidy 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 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy 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 Social Services, P.O. Box 906, New Castle, Delaware 19720-0906 by August 31, 2005.
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 Insurance
NOTICE OF PUBLIC HEARING
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Thursday September 1, 2005 at 10:00 a.m. in the Consumer Services Conference Room of the Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, Delaware. The hearing is to receive public comment in Docket No. 2005-34, proposed Regulation 703 relating to PROHIBITED PRACTICES RELATED TO THE NONREWNAL OF RESIDENTIAL HOMEOWNERS POLICIES.
The purpose for proposing Regulation 703 is to prohibit insurance companies from terminating or nonrenewing residential homeowners real and personal property insurance policies under circumstances where a policyholder merely makes an inquiry about the policy or how claims are handled by the insurer.
The hearing will be conducted in accordance with 18 Del.C. ??311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 9:00 a.m., Thursday September 1, 2005, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us.
NOTICE OF PUBLIC HEARING
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Thursday September 6, 2005 at 10:30 a.m. (or as soon thereafter as possible) in the Consumer Services Conference Room of the Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, Delaware. The hearing is to receive public comment in Docket No. 2005-35, proposed Regulation 907 relating to RECORDS RELATING TO CONSUMER COMPLAINTS.
The purpose for proposing Regulation 907 is to establish a method by which founded consumer complaints against an insurer can be recorded, tracked and such records be made available to the public.
The hearing will be conducted in accordance with 18 Del.C. ??311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 9:00 a.m., Thursday September 1, 2005, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us.
department of natural resources and environmental control
Division of Air and Waste Management
NOTICE OF PUBLIC HEARING
Title of the Regulations:
1102 Permits
1144 Control of Stationary Generator Emissions
Brief Synopsis of the Subject, Substance and Issues:
The Department is proposing to adopt a new regulation, Regulation No. 1144, which will require the control of air emissions from both new and existing stationary generators. The Department is also proposing to amend Regulation No. 1102, in order to clarify permitting requirements applicable to stationary generators.
Delaware is not in compliance with federal standards for ground-level ozone and fine particulate matter (PM2.5). Among other things, the purpose of Regulation No. 1144 is to help ensure that the air emissions from new and existing stationary electric generating units do not cause or contribute to these existing air quality problems. Regulation No. 1144 is intended to establish emissions standards, operating requirements, fuel sulfur content limits, and recordkeeping requirements applicable to covered generators.
Regulation No. 1102 Permits details what sources need, or do not need, a permit to begin construction and to operate. Regulation No. 1102 is being amended to clarify the permitting requirements applicable to stationary generators.
Notice of Public Comment:
The public comment period for this proposed regulation and proposed amendment will extend through at least August 31, 2005. Interested parties may submit comments in writing during this time frame to: Mark A. Prettyman, Air Quality Management Section, 156 S. State St., Dover, DE 19901, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held on Thursday, August 25, 2005, beginning at 6:00 PM in the DNREC auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE 19901.
Prepared By:
Mark A. Prettyman (302) 739-9402 July 7, 2005
Division of Water Resources
NOTICE OF PUBLIC HEARING
7410 TMDLs for the Naamans Creek and 7411 Shellpot Creek Watersheds
Brief Synopsis of the Subject, Substance, and Issues
The Department of Natural Resources and Environmental Control (DNREC) is proposing to adopt Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Shellpot Creek and Naamans Creek Watersheds. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties and future growth.
Possible Terms of the Agency Action
Following adoption of the proposed Total Maximum Daily Loads for the Shellpot Creek and Naamans Creek Watersheds, DNREC will develop a Pollution Control Strategy (PCS) to achieve the necessary load reductions. The PCS will identify specific pollution reduction activities and timeframes and will be developed in concert with Shellpot Creek and Naamans Creek Tributary Action Teams, other stakeholders, and the public.
Notice of Public Hearing and Comment
A public hearing will be held at 6:00 p.m., Wednesday, September 7, 2005, at the auditorium of Mt. Pleasant Elementary School, 500 Duncan Road, Wilmington, Delaware, 19809. The hearing record will close at the conclusion of the hearing. Please send written comments to Robert P. Haynes, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE, 19901; facsimile: (302) 739- 6242; email: Robert.Haynes@state.de.us.
Additional information and supporting technical documents may be obtained by contacting Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-4590, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us)
Prepared By:
John Schneider, Watershed Assessment Section, 739-4590
Department of State
Division of Professional Regulation
NOTICE OF PUBLIC HEARING
The Delaware Board of Nursing in accordance with 24 Del.C. Subsection 1906(1) has proposed to promulgate a change to the Rules and Regulations related to the reporting of continuing education.
The proposed change provides that nurses will be able to attest to the completion of the required number of contact hours by approved providers, rather than documenting date, program name, provider and number of contact hours.
A public hearing will be held on Wednesday, September 14, 2005 at 9:00 a.m., in the second floor conference room , 861 Silver Lake Boulevard, Dover, Delaware.
Anyone desiring a copy of the proposed Rules and Regulations may obtain a copy from the Delaware Board of Nursing, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904, (302) 744-4515 or (302) 744-4516. Persons desiring to submit written comments concerning this proposed revision to the Board???s Rules and Regulations may forward these comments to the above address. The final date to receive written comments will be at the hearing on September 14, 2005
Division of Professional Regulation
NOTICE OF PUBLIC HEARING
The Delaware Board of Mental Health and Chemical Dependency Professionals in accordance with 24 Del.C. ??3006(a)(1) has proposed changes to Regulation 5.0 in order to make the regulation consistent with the mandate of Senate 229 enacted by the 142nd General Assembly. The proposal strikes regulation 5.2.4 as currently written with references to felony convictions and replaces it with language that requires an applicant to submit an affidavit stating that the applicant has not been convicted of and has no pending criminal charge(s) relating to any crime that is substantially related to the provision of mental health counseling and chemical dependency counseling. The proposal also amends the rule where applicable to include references to chemical dependency professionals. The proposed regulation also changes the name of the Board in applicable sections to conform to the Board???s new title resulting from House Bill 215 as amended by House Amendment No. 1 and Senate Amendment No.1 enacted by the 143rd General Assembly adding licensed marriage and family therapists to those professionals regulated by the Board.
A public hearing will be held on September 27, 2005 at 2:00 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Mental Health and Chemical Dependency Professionals, 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.
