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Calendar of Events/Hearing Notices

 

CALENDAR

February 2011

DELAWARE STATE FIRE PREVENTION COMMISSION

706 Specific Occupancy Requirements

PUBLIC NOTICE

In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 706 Specific Occupancy Requirements Regulation by adding a new section 6.0 Hard-Wired Smoke Detector Program to Chapter 4 – Residential Smoke Detectors of the current 706 Specific Occupancy Requirements Regulation.

The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present comments on the proposed regulation on March 15, 2011 at 9:00 a.m. in the Delaware State Fire Prevention Chamber at the Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above.

DELAWARE STATE FIRE PREVENTION COMMISSION

710 Ambulance Service Regulations

PUBLIC NOTICE

In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 710 Ambulance Service Regulation by striking the current 710 Ambulance Service Regulation in its entirety and substituting in lieu thereof a new and revised 710 Ambulance Service Regulation.

The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present comments on the proposed regulation on March 15, 2011 at 9:00 a.m. in the Delaware State Fire Prevention Chamber at the Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above.

DEPARTMENT OF AGRICULTURE

Thoroughbred Racing Commission

1001 Thoroughbred Racing Rules and Regulations

PUBLIC NOTICE

The Delaware Thoroughbred Racing Commission in accordance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends the rules and regulations to conform to recently revised national standards for the acceptable levels of phenylbutazone and oxyphenbutazone in thoroughbred race horses.

A public hearing will be held on March 15, 2011 at 10:00 a.m. in the second floor conference room of the Horseman’s Office, located on the grounds of Delaware Park, 777 Delaware Park Boulevard, Wilmington, Delaware 19804 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware 19804. 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.

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, February 17, 2011 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

Temporary Assistance for Needy Families (TANF)

PUBLIC NOTICE

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 policies in the Division of Social Services Manual (DSSM) regarding Delaware’s Temporary Assistance for Needy Families (TANF) programs, specifically, removing workfare requirements, removing clock extensions, and clearly defining hours for one- and two-parent families.

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, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by Wednesday, March 2, 2011.

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 natural resources and environmental control

Division of Soil and Water Conservation

5105 Regulations Governing the Election of Members of County Board of Conservation District Supervisors

PUBLIC NOTICE

Current regulations contain a discrepancy between voter qualification in Kent and New Castle Counties as compared to voter qualification in Sussex County. In Kent and New Castle Counties, qualified voters must hold title to land in the Specified Board Supervisor area. In Sussex County, qualified voters must hold title to land in Sussex County. This modification would change voter eligibility standards in Sussex County to mirror those in Kent and New Castel Counties.

This modification was requested by the Sussex Conservation District Board of Supervisors and the Delaware Association of Conservation District in an effort t to keep Title 7, Chapter 39, consistent and uniform throughout each of Delaware’s three Conservation Districts.

Individuals may present their comments or request additional information by contacting Robert Palmer of the District Operations Section, Division of Watershed Stewardship, 89 Kings Highway, Dover, DE 19901, (302) 739-9921. A public hearing on these proposed amendments will be held on February 24, 2011 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 PM, March 26, 2011.

DEPARTment of State

Division of Professional Regulation

1100 Board of Dental Examiners

PUBLIC NOTICE

The Board of Dentistry and Dental Hygiene ("the Board") in accordance with 24 Del.C. §1106(a)(1) has proposed amendments to Rule 4.0 Acupuncture and Rule 8.0 Certificate Requirements. The proposed amendments delete existing Rule 4.0 as it is an outdated provision related to acupuncture. The amendments also modify the exam provision to reflect the change from a specific score to a pass/fail standard. The Board is replacing the deleted Rule 4.0 with a new Rule 4.0 that sets for the criteria required for a specialty rotation to satisfy the requirements of the general practice residency required by 24 Del. C. §1122(a)(3). Finally, the Board is requesting that the Registrar use his editorial powers to change the name of the Board throughout the regulations to reflect the Board's new name. The changes arise as the result of the Board's Sunset review in the last legislative session.

A public hearing will be held on March 24, 2011 at 4:45 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 Dentistry and Dental Hygiene, 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 regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

4400 Delaware Manufactured Home Installation Board

PUBLIC NOTICE

Pursuant to 24 Del.C. §4416(b)(1), the Manufactured Home Installation Board has proposed revisions to its rules and regulations.

A public hearing on proposed revisions published on November 1, 2010 in the Register of Regulations, Volume 14, Issue 5 was held on November 22, 2010. The Manufactured Home Installation Board decided to make further revisions to the rules and regulations.

A public hearing to address these proposed revisions will be held on March 14, 2011 at 9:15 a.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 Manufactured Home Installation 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 has proposed revisions to Rule 9.0. The Board's licensing law, Chapter 44 of Title 24 of the Delaware Code, provides that all manufactured home installations must be performed, at minimum, in compliance with the requirements of the United States Department of Housing and Urban Development ("HUD"). See 24 Del.C. §4421. The revisions to Rule 9.0 expressly incorporate HUD's installation requirements. In particular, the rules reference specific sections of the Code of Federal Regulations. The revisions also specify that, with respect to site suitability (Rule 9.2), site preparation (Rule 9.3) and foundation construction (Rule 9.4), where State, county or municipal standards are more stringent than HUD requirements, the installer shall comply with the more stringent standards.

These amendments will make explicit what is already included in the Board's licensing law and will, therefore, provide greater clarity and greater protection for the public.

The Board will consider promulgating the proposed rules and regulations at its regularly scheduled meeting following the public hearing.

Department of Transportation

Division of Planning

2313 Policies and Procedures for Acquisition of Certain Real Property Interests

PUBLIC NOTICE

The Delaware Department of Transportation, through its Division of Planning, seeks to adopt regulations to ensure that its policies and procedures for the acquisition of real property are transparent, consistent, cost effective and fair.

The regulations will implement specific recommendations for advanced acquisitions set forth in the Report of the Governor’s Chief of Staff to Governor Markell dated January 7, 2011 (the “Report”). Specifically, the regulations will (1) require that the Committee review not only advanced acquisitions, but reservation agreements as well; (2) provide a process for the Committee to review the merits of advanced acquisitions and reservation agreements; (3) require the Department to obtain independent appraisal for advanced acquisitions and reservations; (4) require that advanced acquisitions and reservations be reviewed by legal counsel; (5) require that the terms of advanced acquisitions and reservations be reflected in an agreement signed by the Department and the property owner; and (6) set out the process for the Committee to conduct its consistency review of certain real property acquisitions proposed by the Department, as contemplated by 17 Del.C. §137(a)(2).

The Department will take written comments on the proposed Regulations Establishing Policies and Procedures for Acquisition of Certain Real Property Interests from February 1, 2011 through March 5, 2011. The proposed Regulations appear below.

Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to:

Cleon L. Cauley, Sr., Deputy Secretary

Delaware Department of Transportation

P.O. Box 778

Dover, DE 19903

(302) 760-2303 (telephone)

(302) 739-2895 (fax)

cleon.cauley@state.de.us

14 DE Reg. 833 (02/01/11)
 
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