Calendar of Events/Hearing Notices

CALENDAR

July 2006

delaware river basin commission

NOTICE OF PUBLIC HEARING

The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, July 19th, 2006 at 10:15 a.m. at the Commission’s offices, 25 State Police Drive, West Trenton, New Jersey. For more information visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203

Department of Agriculture

Delaware Agricultural Lands Preservation Foundation

NOTICE OF PUBLIC HEARING

The Delaware Agricultural Lands Preservation Foundation (the "Foundation") will hold a public hearing to discuss proposed regulations relating to the administration of the Delaware Agricultural Forestland Preservation Program established pursuant to 3 Del.C. §931. The Foundation was established by the Delaware Legislature pursuant to 3 Del.C. §903. The Foundation is responsible for, among other things, adopting criteria for the establishment and maintenance of Forestland Preservation Areas and establishing criteria for the purchase of Forestland Preservation Easements. To carry out its statutory responsibilities, the Foundation has been directed to, among other things, adopt rules of practice and procedure for the acquisition of Forestland Preservation Easements, including the process and timeframe for submitting applications for the sale of Forestland Preservation Easements, the establishment of the purchase price for the easements through the use of appraisal information, the manner in which offers to sell such easements are accepted, and the basis upon which offers for sale of such easements are accepted.

Pursuant to its statutory authority, the Foundation is proposing for adoption a comprehensive set of guidelines and regulations to be used for the administration of the forestlands preservation program. The proposed regulations published herein will, among other things: (a) establish eligibility criteria, (b) establish application procedures, (c) establish criteria for the purchase of Forestland Preservation Easements and methods by which the purchase price will be determined, (d) establish ranking criteria for easement applications, and (e) establish the legal forms to be used in connection with the creation of Forestland Preservation Areas and Easements.

The public hearing will be on Wednesday, July 26, 2006 beginning at 10:00 a.m. and ending at 12:00 p.m. at the Foundation's office located at 2320 S. DuPont Highway, Dover, Delaware 19901.

Copies of the proposed regulations are available for review by contacting:

William A. Denman, Esquire

Parkowski, Guerke & Swayze, P.A.

116 W. Water Street

Dover, DE 19904

(302) 678-3262

Email: wdenman@pgslegal.com

Anyone wishing to present oral comments at this hearing should contact Mr. William A. Denman at (302) 678-3262 by July 25, 2006. Anyone wishing to submit written comments as a supplement to, or in lieu of oral testimony, should submit such comments by July 31, 2006 to:

William A. Denman, Esquire

Parkowski, Guerke & Swayze, P.A.

116 W. Water Street

Dover, DE 19904

(302) 678-3262

Email: wdenman@pgslegal.com

Thoroughbred Racing Commission

NOTICE OF PUBLIC HEARING

The Delaware Thoroughbred Racing Commission, pursuant to 3 Del.C. §10005, proposes to amend rule 15.14.1 to permit the imposition of penalties if a horse does not report for testing. The Commission will hold a public hearing on the proposed rule change on July 18, 2006. Written comments should be sent to John F. Wayne, Executive Director, Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, DE 19804.

DEPARTMENT OF EDUCATION

The Department of Education will hold its monthly meeting on Thursday, July 20, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

department of health and social services

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

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 Medicaid and Medical Assistance (DMMA) is proposing to amend a rule in the Division of Social Services Manual (DSSM) used to determine eligibility for medical assistance.

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 and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by July 31, 2006.

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.

Division of Medicaid and Medical Assistance

Diamond State Health Plan 1115 Demonstration Waiver

NOTICE OF PUBLIC COMMENT PERIOD

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, and, in compliance with State Notice procedures as set forth in the Federal Register, September 27, 1994, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) intends to submit an application to the Centers for Medicare and Medicaid Services (CMS) for renewal of its 1115 Demonstration Waiver entitled, the Diamond State Health Plan, for the period from January 1, 2007 through December 31, 2009.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning extension of the Diamond State Health Plan 1115 Demonstration Waiver must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by July 31, 2006. The waiver application will be made available upon request.

Division of Medicaid and Medical Assistance

Assisted Living Medicaid 1915(c) Waiver

NOTICE OF PUBLIC COMMENT PERIOD

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, and, in compliance with State Notice procedures as set forth in the Federal Register, September 27, 1994, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) will submit an application to the Centers for Medicare and Medicaid Services (CMS) for renewal of its Home and Community-Based Services waiver entitled, Assisted Living Medicaid Waiver Program (ALMWP), for an additional five years.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning extension of the this waiver must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by July 31, 2006. The waiver application will be made available upon request.

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

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 reporting changes.

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 and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by July 31, 2006.

DEPARTMENT OF INSURANCE

NOTICE OF PUBLIC COMMENT PERIOD

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of a proposed change to Department of Insurance Regulation 504 relating to producer continuing education. The Commissioner proposes to amend Regulation 504 relating to Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants. The docket number for this proposed amendment is 276.

The proposed change to the regulation appears only in section 8.2.2 relating to the required number of ethics hours required for continuing education for public adjusters and fraternal agents. When the regulation was last amended, the change from four hours of required ethics for public adjusters and fraternal agents to three hours (in conformity to the similar change for other licensees) was unintentionally not included in the notice and final regulation approval. This amendment corrects that inconsistency and is the only proposed change to the regulation. The required number of ethics credits for public adjusters is proposed to decrease from four hours to three hours for each reporting period. The Delaware Code authority for the change is 18 Del.C. §§311, 1718. The text of the change to the regulation is as follows:

8.2.2 Resident adjusters, public adjusters and Fraternal Agents shall be required to fulfill twelve (12) credit hours of Department approved education subjects, three (3)four (4) of which shall be in ethics subjects during each biennial reporting period.

The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml.

The Department of Insurance does not plan to hold a public hearing on the proposed changes. 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 change must be received by the Department of Insurance no later than 4:30 p.m., Wednesday, August 2, 2006, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us.

DEPARTMENT OF INSURANCE

NOTICE OF PUBLIC COMMENT PERIOD

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of proposed Department of Insurance Regulation 610 relating to the availability of private passenger automobile premium rate comparison data. The Commissioner proposes to promulgate Regulation 610 relating to Automobile Premium Consumer Comparison. The docket number for this proposed regulation is 280.

The proposed regulation would require automobile insurers to provide survey data to the Department of Insurance for the purposes of allowing consumers of private passenger non-fleet automobiles the opportunity to compare rates from different companies. The survey data would have to be filed with the Department on an annual basis. The regulation would also require the insurers to provide direct email responses to the consumer. The Delaware Code authority for the change is 18 Del.C. §§311and 2501 et seq.

The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml.

The Department of Insurance does not plan to hold a public hearing on the proposed changes. 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 change must be received by the Department of Insurance no later than 4:30 p.m., Wednesday, August 2, 2006, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, sent by fax to 302.739.5566 or emailed to michael.rich@state.de.us.

DEPARTMENT OF labor

Division of Employment and Training

NOTICE OF PUBLIC HEARING

The Governor’s Council on Apprenticeship and Training in accordance with 19 Del.C. §202(a) has proposed changes to the rules and regulations relating to apprenticeship and training. The proposal modifies the number of classes a registered Apprentice can miss while enrolled in a related studies program at any of the vocational schools in the three (3) counties of the State of Delaware before being dropped from that school. Being dropped from the school will result in the Apprentice’s Apprenticeship Agreement being terminated by their Sponsor and/or State Registration Agency.

A public hearing will be held before the Council on Apprenticeship and Training (“Council”) at 1:00 p.m. on August 2, 2006, at the Delaware Department of Labor, Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rule may obtain a copy from Kevin Calio, Manager, Apprenticeship and Training, Department of Labor, P.O. Box 9828, 4425 N. Market Street, Wilmington, Delaware 19808-0828. Persons wishing to submit written comments may forward these to the Council at the above address. The final date to receive written comments will be at the public hearing.

The Council will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public hearing.

department of state

Division of Professional Regulation

1800 Board of Plumbing Examiners

NOTICE OF PUBLIC HEARING

The State Board of Plumbing Examiners is proposing changes to its regulations related to the designation of its licensure examination.

A public hearing will be held at 8:30 a.m. on September 12, 2006 in the 2nd 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 State Board of Plumbing Examiners, 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

3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals

NOTICE OF PUBLIC HEARING

The State Board of Mental Health and Chemical Dependency Professionals is proposing changes to its regulations related to CPR certification.

A public hearing will be held at noon on September 27, 2006 in the 2nd 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 State Board of Mental Health and Chemical Dependency Professionals, 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

3600 Board of Registration of Geologists

NOTICE OF PUBLIC HEARING

The Delaware Board of Geologists in accordance with 24 Del.C. §3606 has proposed amendments to rule 5.0 Issuance and Renewal of License and rule 6.0 Continuing Education of its rules and regulations. The proposed amendments enable licensees to renew their licenses online and attest that they have completed the required continuing education. Documentation of having completed the required continuing education must still be maintained by the licensee but it will only be required to be produced in the event the licensee is randomly selected for continuing education audit.

A public hearing will be held on August 4, 2006 at 10:15 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 Delaware Board of Geologists, 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

5300 State Board of Massage and Bodywork

NOTICE OF PUBLIC HEARING

The State Board of Massage and Bodywork, in accordance with 24 Del.C. §5306(a)(1), has proposed changes to its rules and regulations related to CPR Certification.

A public hearing will be held at 1:30 p.m. on August 17, 2006 in the 2nd 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 State Board of Massage and Bodywork, 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.

Public Service Commission

Regulation Docket No. 50: Public Notice of Proposed Adoption of “Electric Service Reliability and Quality Standards”

NO TICE OF PUBLIC HEARING AND COMMENT PERIOD

Since 2003, the Public Service Commission (“the Commission”) has been developing Standards to measure and judge the reliability of the electrical services provided by electric distribution utilities such as Delmarva Power & Light Company and the Delaware Electric Cooperative, Inc. In PSC Order No. 6745 (Oct. 11, 2005), the Commission proposed and then published (9 DE Reg. 756 (Nov. 1, 2005)) final “Electric Service Reliability and Quality Standards.” In light of comments and objections filed in response to those earlier proposed Standards, the Commission now proposes to adopt a revised form of “Electric Service Reliability and Quality Standards.” These revised Standards would supersede the Standards proposed in 2005. As with the earlier proposal, the revised Standards set forth methods and benchmarks to be utilized to measure the reliability of services provided by electric distribution companies. The revised Standards also articulate principles and goals for reliability, describe responses to be made to outages and major events, and require the preparation of periodic performance reports and planning studies. The Standards also prescribe the available penalties for violations. Finally, the revised Standards direct electric generation facilities located within this State to participate in a “Generation Working Group” or file periodic reports concerning certain aspects of their operations.

You may review the text of the revised final Standards in the July, 2006 issue of the Delaware Register of Regulations. You may obtain written copies of the revised Standards at the Commission’s office at the address set forth below. The cost is $0.25 per page. You may also review an electronic copy of the revised Standards at the Commission’s website at www.state.de.us/delpsc (open PSC Order No. 6925). The Commission has the authority to adopt such regulations under 26 Del.C. §§209, 1002, 1008, and 1019.

Pursuant to 29 Del.C. §§1133, 10115, and 10118(c), the Commission now solicits comments, written suggestions, compilations of data, briefs, or other written materials concerning the revised final Standards. If you wish to submit such materials, you should file an original and ten copies at the following address:

Delaware Public Service Commission

861 Silver Lake Boulevard

Cannon Building

Suite 100

Dover, Delaware 19904

Attn: PSC Reg. Dckt. No. 50

You must file such materials on or before August 2, 2006.

In addition, pursuant to 26 Del.C. §209(a) and 29 Del.C. §10117, the Commission will conduct a public hearing on the revised Standards during its regularly scheduled meeting on Tuesday, August 8, 2006. That meeting will begin at 1:00 PM in the Commission’s Hearing Room at the above address. You can submit oral presentations or written materials at such hearing.

If you have questions, or desire further information about the matter, you can contact the Commission at 1-800-282-8574 or (302) 739-4333 (including text telephone). You can also send questions by Internet e-mail to robert.howatt@state.de.us. If you are disabled and need assistance, please contact the Commission to arrange assistance.