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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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The Registrar of Regulations of the Division of Research of the Legislative Council, pursuant to 29 Del.C. §1134(a)(4), proposes to adopt Regulation Governing Administrative Rulemaking Procedures. The regulation was presented at the April 30, 2014 meeting of the Legislative Council.
The Registrar of Regulations published the notice of proposed adoption of Regulation Governing Administrative Rulemaking Procedures pursuant to 29 Del.C. §10115 in the June 1, 2014 Delaware Register of Regulations, requiring written comments concerning the new regulation to be submitted by July 1, 2014.
Pursuant to 29 Del.C. §1134(a)(4), the Registrar of Regulations has the statutory authority to promulgate rules and regulations. The purpose of the regulation is to provide procedures for the filing of regulations under the Administrative Procedures Act, 29 Del.C. Ch. 101, and for publication in the Delaware Register of Regulations and the Administrative Code.
IT IS ORDERED, that the proposed regulation, Regulation Governing Administrative Rulemaking Procedures, is adopted and shall be final effective August 11, 2014, ten days after publication in the Delaware Register of Regulations.
"Agency" means agency as defined in 29 Del.C. §10102.
"Codify" means the process of collecting, arranging, and publishing administrative regulations systematically in the Delaware Administrative Code, and includes the process of verifying that each amendment was marked as required in Section 6.0 of this regulation.
"Division" means the Division of Research of Legislative Council as established pursuant to 29 Del.C. Ch. 11.
"File" means an agency's electronic submission of regulatory documents to the Registrar of Regulations for publication.
"Official regulation" means a regulation in its final form as adopted by an order as defined in 29 Del.C. §10118 and filed with the Registrar of Regulations.
"Publish" means to compile and make regulations available to the public by full text or summary and includes availability in an electronic format.
"Register" means the Delaware Register of Regulations, a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed, together with supplemental information as deemed appropriate by the Registrar, as outlined in 29 Del.C. §1134.
"Registrar" means the Registrar of Regulations, an employee of the Division charged with the responsibility of compiling, maintaining, and publishing the Register of Regulations.
"Regulation" means regulation as defined in 29 Del.C. §10102.
"Regulation Drafting Manual" means the Delaware Administrative Code Drafting and Style Manual, a manual of composition and style guidelines and requirements for drafting documents to be published in the Delaware Register of Regulations and the Delaware Administrative Code.
3.1 Pursuant to 29 Del.C. §§10115 and 10118, an agency shall file its regulation and its public notice or final order by 4:30 p.m. on the fifteenth day of the month for publication in the Register issued on the first of the next month.
3.4 The official date of publication for the Register is the first day of each calendar month as required by 29 Del.C. §1136.
4.1 For the purposes of 29 Del.C. §10118, "30 days" is computed by:
5.1 Pursuant to 29 Del.C. §10118, upon expiration of the public comment period designated in the regulation analysis and filed with the regulation, and before expiration of 12 months after the end of the public comment period for the regulation or the last public hearing, whichever is later, the agency proposing the regulation shall notify the Registrar of the date the regulation is to become effective and enforceable by filing an order with the Registrar as specified in 29 Del.C. §10118.
5.4 The date designated as the effective date shall be at least 10 days after the date the final regulation is to be published in the Register. The earliest effective date is the 11th of the month of publication of the final regulation.
6.1.2 The Regulation Drafting Manual is available in hardcopy from the Division and can be found online at:
6.5 The Registrar's refusal to codify an unmarked change means that the change is not operative for the purposes of 29 Del.C. Ch. 101 and that the agency must comply with regular administrative rulemaking procedures to make the change.
7.2 The Registrar may not publish an agency's final order and effective date, nor codify the regulation or regulation change in the Delaware Administrative Code, if the agency exceeds the 12-month limit required by 29 Del.C. §10118(f).
Last Updated: December 31 1969 19:00:00.
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