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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2014

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In accordance with procedures set forth in 29 Del.C., Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Cash Management Policy Board of the State of Delaware is proposing to adopt a regulation on objectives and guidelines for the investment of State funds designated as the Delaware Land and Water Conservation Trust Fund as described in 29 Del.C. §2716. The proposed regulation sets forth the rules governing practices for those investments.
The Delaware Harness Racing Commission (DHRC) pursuant to 3 Del.C. §501, proposes to amend its rules and regulations. The proposed regulation changes address the practice of using an authorized agent, reference, 5.4, and 1.0 Definitions.
The DHRC Rules Committee originally voted to approve this rule amendment on September 30, 2014, and then the Delaware Harness Racing Commission (DHRC) subsequently voted to approve the proposed amendment at its October 16, 2014 monthly meeting. Both those meetings are noticed public meetings. Subsequent to this public notice in the Register of Regulations, the DHRC will leave the public comment period open until January 13, 2015 when the DHRC will hold its regularly scheduled monthly meeting. The DHRC January 2015 monthly meeting is public and is noticed on the state meeting notice website. Those meetings are held at the Delaware Department of Agriculture, 2320 South DuPont Highway Dover, DE at 10:00am. Written comments must be received by COB January 12, 2015. Those comments should be sent to the same address listed above for meeting location, attention Mark Davis.
The purpose of this action is to propose rules to govern how the Director of the Division of Energy & Climate (Director) and the Division of Energy & Climate (Division) administer their obligations under 26 Del.C. §354(i) & (j). The statute directs when and whether the Director may institute a freeze on the implementation of Delaware’s Renewable Energy Portfolio Standards as provided for in 26 Del.C. §354(a).
Individuals may submit written comments regarding the proposed changes via e-mail to or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on January 7, 2015 beginning at 6:00 p.m. in the Public Service Commission Hearing Room, Cannon Building, 861 Silver Lake Blvd., Dover, DE, 19904.
1300 Board of Examiners of Private Investigators & Private Security Agencies
Notice is hereby given that the Board of Examiners of Private Investigators and Private Security Agencies, in accordance with 24 Del.C., Ch. 13 proposes to amend Rule 13.0 – Agency Licensing Fees/Structure – removing the requirement of the Delaware manager bond and all other bonds will be a minimum of one year. If you wish to view the complete Rule, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by December 31, 2014, to Delaware State Police, Professional Licensing, P.O. Box 430, Dover, DE 19903.
A draft of the Regulations was posted in the June 2014 Register of Regulations and comments accepted until August 31, 2014. Many comments were received from providers and other interested parties and were reviewed by the Office of Child Care Licensing, resulting in a revised set of proposed regulations.
The Delaware Board of Landscape Architects, pursuant to 24 Del.C. §205(a)(1), proposes to amend its rules and regulations. The proposed regulation changes address continuing education requirements and set forth a procedure by which licensees and continuing education sponsoring organizations may seek pre-approval of continuing education units. The proposed changes also bring the regulations into compliance with the Division of Professional Regulation’s operating procedures and create continuity throughout the regulations.
Pursuant to 24 Del.C. §1406(a)(1), the Delaware Board of Electrical Examiners has proposed revisions to its rules and regulations. The rules pertaining to electronic attestation, insurance, continuing education and crimes substantially related to the practice of electrical services are amended to provide current practices at the Division of Professional Regulation and the Board’s desire to expand its crimes list.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be January 22, 2015 which is 15 days following the public hearing.
Pursuant to 24 Del.C. §1775(c), the Respiratory Care Practice Advisory Council ("the Council") of the Board of Medical Licensure and Discipline has proposed revisions to Rule 10.0, pertaining to renewal of licenses. In particular, Rule 10.3 is amended to state that a license that has expired may be renewed within one year after the expiration date. Currently, Rule 10.0 provides for a three year period for late renewal. Further, the revisions to Rule 10.3.1 add the requirement that a license in expired status as of December 1, 2014 must be renewed no later than November 30, 2015.
The Delaware Board of Nursing, pursuant to 24 Del.C. §1904(c), proposes to revise regulations,, and The proposed change at simply corrects a cross-reference error. The proposed change at brings Delaware into line with other states in regard to CME contact hours such that a contact hour will equal a clock hour; and the proposed change at allows the Board to discipline a nurse who possesses, obtains, supplies or administers an illegal drug.
Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers ("the Board") has proposed revisions to its rules and regulations.
Pursuant to 24 Del.C. §2906(a)(1), the Delaware Real Estate Commission has proposed revisions to its rules and regulations. Section 2906(a)(1) gives the Commission the authority to "Formulate rules and regulations, with appropriate notice to those affected; Each rule or regulation shall implement or clarify a specific section of this chapter."
The Commission has proposed a new Rule 1.4.1 and revisions to Rule 8.0 which are designed to implement and clarify the auctioneer exemption set forth in 24 Del.C. §2901(e)(4). A new Rule is added to provide advertising requirements for on-site unlicensed salespeople. Finally, Rule 13.0 is amended to clarify the continuing education pro-ration requirements.
The Delaware Board of Mental Health and Chemical Dependency Professionals, pursuant to 24 Del.C. §3006(a)(1), proposes to revise its regulations. The proposed amendments to the regulations seek to eliminate the need for inactive licensees to renew a license while inactive; set forth the specific requirements of direct supervision between LCDP supervisors and supervisees in order to be consistent with the other professions regulated by the Board; allow for direct supervision to take place by videoconferencing for LCDPs and LMFTs; and provide more detailed information regarding the curriculum requirements of LMFT candidates.
These draft regulations appeared in the Delaware Register of Regulations on February 1, 2011, at 14 DE Reg. 800, and the written comment period ended March 5, 2011.
The Department has now determined to go forward with draft regulations regarding the Committee and its oversight of this aspect of the Department’s responsibilities. The new draft regulations incorporate and amend the prior draft regulations published in 14 DE Reg. 800, taking into account changes in the Department’s management structure since that time, and add new provisions to reflect past discussions among the Administration, the Department, and the Committee. Among other alterations, these revised proposed regulations deal with certain special property acquisitions that are not necessarily tied to a particular project location, as is usually the case for properties it acquires for most highway-related projects. This draft incorporates these additional provisions.
Last Updated: December 31 1969 19:00:00.
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