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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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Summary: The Delaware River Basin Commission (“DRBC” or “Commission”) will hold a public hearing to receive comments on proposed amendments to the Commission’s Water Quality Regulations, Water Code and Comprehensive Plan to revise the water quality criteria for polychlorinated biphenyls (“PCBs”) in the Delaware Estuary and Bay, DRBC Water Quality Management Zones 2 through 6, for the protection of human health from carcinogenic effects. The Commission will simultaneously solicit comment on a draft implementation strategy to support achievement of the criteria.
Dates: The public hearing will be held starting at 1:00 P.M. on Tuesday, September 10, 2013. The hearing will continue until all those wishing to testify have had an opportunity to do so. Written comments will be accepted and must be received by 5:00 P.M. on Friday, September 20, 2013. Additional information regarding the procedures for the hearing and comments is provided below.
Addresses: The public hearing will be held in the Goddard Conference Room at the Commission’s office building located at 25 State Police Drive, West Trenton, NJ. As Internet mapping tools are inaccurate for this location, please use the driving directions posted on the Commission’s website.
Oral Testimony and Written Comments: Persons wishing to testify at the hearing are asked to register in advance by phoning Paula Schmitt at 609-883-9500, ext. 224. Written comments may be submitted as follows:
For Further Information: The basis and background document and the draft Implementation Strategy are available on the DRBC website, A May 10, 2012 PowerPoint presentation that illustrates PCB loading reductions achieved through the implementation of the Commission’s PMP Rule is also posted on the website. For further information, please contact Commission Secretary Pamela M. Bush, 609-883-9500 ext. 203.
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Division of Social Services Manual (DSSM) regarding implementation of the Modified Adjusted Gross Income (MAGI) methodology provisions related to eligibility determinations for certain medical assistance programs (Medicaid and Children’s Health Insurance Program) under the Affordable Care Act.
The proposed amended Regulation supports the Delaware Workplace Safety Program (18 Del.C. §2533) and follows new requirements passed under House Bill 175, for the 147th General Assembly, enacted on June 27, 2013. The Delaware Code authority for the change is 18 Del.C. §311 and §2533; and 29 Del.C. Ch. 101.
Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendment. Any written submission in response to this notice and relevant to the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m. EST, Friday, August 30, 2013. Any such requests should be directed to:
The purpose of this regulation is to implement the provisions of 18 Del.C. §§2610 (e), (f), and (g) (enacted June 27, 2013, by HB 175) regarding the Ratepayer Advocate who shall represent the interests of Delaware workers compensation insurance rate-payers in connection with the filing of an application by an advisory organization with the Commissioner relating to rates or prospective loss costs. The Delaware Code authority is 18 Del.C. §311 and §2610 and 29 Del.C. Ch. 101.
A copy of the proposed regulations is being published in the August 1, 2013 edition of the Delaware Register of Regulations. Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs or other materials concerning the proposed regulations must submit same to Elizabeth Timm, Office of Child Care Licensing, 1825 Faulkland Road, Wilmington, Delaware 19805 or by fax to 302-633-5112 by the close of business on August 31, 2013.
Pursuant to 16 Del.C. §4731, the Delaware Controlled Substance Advisory Committee has proposed revisions to its rules and regulations. Rule 2.0 is revised to add the requirement that all practitioners registered under Chapter 47 of Title 16 of the Delaware Code must complete continuing education in order to qualify for continued registration. The amendment will enhance practitioner competence for greater protection of the public.
The Delaware Board of Architects, pursuant to 24 Del.C. §306(a)(1), proposes to revise sections 1.0 and 6.2.1 and add new text in 1.0, 4.1.2, 6.22, 6.3, and 6.9. The proposed changes seek to add a section for architect emeritus status, reinstitute a regulation for Intern Development Program Guidelines in order to comply with the National Council of Architectural Registration Boards and amend the current continuing education requirements to allow for proration of credits and become more in line with other states architecture licensing boards.
Pursuant to 24 Del.C. §2506(a)(1), the Delaware Board of Pharmacy has proposed revisions to its rules and regulations.
A public hearing was held on May 15, 2013, with deliberations conducted on June 19, 2013. As the result of deliberations, the Board decided to make substantive revisions to the proposed amendments originally published in the Delaware Register of Regulations on April 1, 2013, Volume 16, Issue 10. Specifically, the Board proposes to strike the language “only to patients that are self-medicating” in Rule 6.4. The balance of the proposed revisions remain as published on April 1, 2013.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be September 5, 2013 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on September 18, 2013 at 10:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.
The Delaware Board of Examiners of Nursing Home Administrators, pursuant to 24 Del.C. §5206(1), proposes to revise its regulations. The proposed revisions to the regulations are an attempt to better organize and clearly establish the standards governing licensed nursing home administrators in the State of Delaware.
Regulation 2202 - Issuance of Duplicate Driver’s Licenses: Stipulates an unnecessary policy that the division no longer performs.
Regulation 2214 – Waiver of Written Examinations for Certain New Residents: This regulation is no longer needed because it is already covered under 21 Del.C. §2713.
Regulation 2251 – Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle: This regulation is no longer needed because it is superseded by 21 Del.C. §2310.
Regulation 2272 – Authorization of Police Agencies to Issue Vehicle Inspection Notices: This regulation is no longer needed because it is now covered under 21 Del.C. §2144(a).
Regulation 2274 – Distribution of Literature Advertising Businesses: This regulation is no longer needed because existing ethics laws cover this action.
Regulation 2275 – Requirements for Licensing of Vehicle Dealers: This regulation is no longer needed because it is now covered under Title 21, chapter 63.
Under 21 Del.C. §4504, the Delaware Department of Transportation (DelDOT), adopted an Oversize/Overweight Hauling Permit Policy and Procedures Manual. DelDOT has now drafted revisions to the manual, and is seeking public comments on the proposed changes.
Last Updated: December 31 1969 19:00:00.
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