DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Statutory Authority: 16 Delaware Code, Section 122 (16 Del.C. 122)
Conrad State 20/J-1 Visa Waiver Program
In the Matter Of: |
|
Adoption of State of Delaware |
Rules and Regulations Governing |
The Conrad State 20/J-1 Visa Waiver |
Program |
Nature of the Proceedings:
Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt Rules and Regulations Governing The Conrad 20/J-1 Visa Waiver Program. The DHSS’s proceedings to adopt regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 16 Delaware Code Chapter 1, Section 122.
On November 1, 1999, DHSS published in the Delaware Register of Regulations Volume 3 Issue 5 (pages 603-615) its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by December 2, 1999, or be presented at a public hearing on November 30, 1999, at which time DHSS would review information, factual evidence and public comment to the said proposed regulations.
Two supporting comments were given at the public hearing. A summary of the comments are part of the accompanying “Summary of Evidence.”
Findings of Fact:
The Department finds that the proposed regulation as set forth in the attached copy should be made in the best interest of the general public of the State of Delaware.
THEREFORE, IT IS ORDERED, that the proposed Rules And Regulations Governing The Conrad State 20/J-1 Visa Waiver Program are adopted and shall become effective January 11, 2000 after publication of the final regulation in the Delaware Register of Regulations.
Gregg C. Sylvester, MD
Secretary
12/14/99
Summary of Evidence
State of Delaware Rules and Regulations Governing the Conrad State 20/J-1 Visa Waiver Program
A public hearing was held on November 30, 1999, in room 309 of the Jesse Cooper building in Dover, Delaware, before David P. Walton, Hearing Officer, to discuss the proposed Department of Health and Social Services Rules and Regulations Governing the Conrad State 20/J-1 Visa Waiver Program. The announcements regarding the hearing were advertised in the Delaware State News, the News Journal and the Delaware Register of Regulations in accordance with Delaware Law. Ms. Gina Bianco Perez, Director, Health Systems Development, Division of Public Health, made the agency’s presentation. Attendees were allowed and encouraged to discuss and ask questions regarding all sections of the proposed regulations. Two public comments (verbal) supporting the proposed regulations were received during the public hearing.
The first comment supported the regulatory requirement of physician needs studies as a way to recruit specialty physicians and to address the medically under served populations in Delaware. Rather than using the first come, first served selection method, the regulation uses a needs-based selection method, which will more appropriately disperse the 20 allotted J-1 slots.
The other comment centered around the regulations creating standards to analyze the market as well as justify the needs and desires to recruit J-1 Visa Waiver applicants.
There were no changes made to the draft regulations.
The public comment period was open from November 1, 1999 to December 2, 1999.
Verifying documents are attached to the Hearing Officer’s record. The regulations have been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS.
*Please note that no changes were made to the regulation as originally proposed and published in the November 1, 1999 issue of the Register at page 603 (3 DE Reg 603 (11/1/99). Therefore, the final regulation is not being republished. Please refer to the November 1, 1999 issue of the Register of contact the Department of Health and Social Services.