Calendar of Events/Hearing Notices

CALENDAR

June 2014

DELAWARE RIVER BASIN COMMISSION

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing on Tuesday, June 10, 2014 beginning at 1:30 p.m. A business meeting will be held on the following day, Wednesday, June 11, 2014 beginning at 12:15 p.m. The hearing and meeting are open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania. For more information, visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, at 609 883-9500 extension 203.

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, June 19, 2014 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PUBLIC NOTICE

Case Processing Procedures - Applications

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 Administrative Procedures, specifically, Case Processing Procedures - Applications.

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 June 30, 2014.

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 Social Services

PUBLIC NOTICE

Food Supplement Program - Income and Eligibility Verification System

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 the Food Supplement Program, specifically, Income and Eligibility Verification System - Exclude Unearned Income Data from IRS.

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 June 30, 2014.

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 Social Services

PUBLIC NOTICE

Food Supplement Program - Household Definition

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 the Food Supplement Program, specifically, Household Definition.

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 June 30, 2014.

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 Air Quality

PUBLIC NOTICE

Delaware 2011 Base Year State Implementation Plan (SIP) Emission Inventory under the 2008 Ozone National Ambient Air Quality Standard (NAAQS)

This document contains Delaware???s State Implementation Plan (SIP) revision for meeting the Clean Air Act (CAA) requirements for the 8-hour ozone National Ambient Air Quality Standard (NAAQS) set forth by US Environmental Protection Agency (EPA) in 2008.

According to Section 182(a)(1) of CAA and EPA???s implementation rule for the 2008 ozone standard (Proposed Rule, June 6, 2013, 78 FR 34178), Delaware is required to submit to EPA in July 2014 a SIP revision which compiles Delaware 2011 emissions of volatile organic compounds (VOC), oxides of nitrogen (NOx), and carbon monoxide (CO) from five source sectors: stationary point sources, stationary non-point sources, on-road mobile sources, non-road mobile sources, and natural sources. The subject document contains Delaware???s base year emission inventory State Implementation Plan (SIP) revision under the 8-hour ozone National Ambient Air Quality Standard (NAAQS) set forth by US Environmental Protection Agency (EPA) in 2008.

Interested parties may submit comments in writing to David Fees, Division of Air Quality, 655 South Bay Road, Dover, DE 19901.

Statements and testimony may be presented either orally or in writing at the public hearing to be held on Thursday, June 26, 2014, beginning at 6:00 p.m. in the auditorium, Richardson & Robbins Building, 89 Kings Hwy, Dover, 19901.

DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Division of State Police

1300 Board of Examiners of Private Investigators & Private Security Agencies

PUBLIC NOTICE

Notice is hereby given that the Board of Examiners of Private Investigators and Private Security Agencies, in accordance with Del. Code Title 24 Chapter 13 proposes to amend Rule 1.0 ??? Firearms Policy ??? placing the approval of instructors on Professional Licensing Section; Rule 2.0 ??? Use of Rifle and Shotgun ??? general housekeeping; Rule 3.0 ??? Nightstick, PR24, Mace, Peppergas and Handcuffs ??? requiring all certifications be on file with Professional Licensing and the instructors are approved by Professional Licensing; Rule 7.0 ??? Employment Notification ??? general housekeeping; Rule 9.0 ??? Security Guards/Armored Car Guards ??? by deleting entire rule; Rule 12.0 ??? Personnel Rosters and Job Assignments ??? general housekeeping; Rule 13.0 ??? Record Book; Right of Inspection ??? allowing Professional Licensing to inspect guards and agency offices; Rule 14.0 ??? Agency Licensing Fees/Structure ??? giving Professional Licensing authority to renew agencies with not changes. If you wish to view the complete Rules, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by June 30, 2014, to Delaware State Police, Professional Licensing, P.O. Box 430, Dover, DE 19903.

DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES

Division of Family Services

Office of Child Care Licensing

PUBLIC NOTICE

101 Rules for Early Care and Education and School-Age Centers

The Office of Child Care Licensing (OCCL) proposes to amend the DELACARE Rules for Early Care and Education and School-Age Centers. A comprehensive review process was held in which all providers were asked to participate as part of the public hearing process for Executive Order 36 and a preliminary draft was created. The preliminary draft was posted on the OCCL website and comments were invited and received. Additional public comments were received from the Provider Advisory Board, from providers and stakeholders during a series of Task Force meetings, as well as written comments from other providers and stakeholders.

The proposed changes provide clarity, reflect changes in laws, align with current best practices, and improve standards of care. The revisions represent a consensus of participants including licensed providers and subject experts, and are based on best practice, a review of regulations promulgated by other States, research on subjects related to early care and education and school-age center care, internal OCCL review and discussion, and identified issues and services within existing programs within Delaware.

Regulations published here are numbered in administrative code format. To facilitate the comparison of this new document to the current regulations and the location of information in the current regulations, in many instances a current rule number still appears in this document in parentheses regardless of whether the text has been edited or remains the same. (Example: Rules 102-104). Some current regulations have been eliminated and new information and regulations added. These referencing rule numbers will be eliminated in the next publication of these regulations in the Register.

Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs, or other materials concerning the proposed regulations must submit same to Elizabeth Timm, Office of Child Care Licensing, 1825 Faulkland Road, Wilmington, Delaware 19805 or by fax to 302-633-5112 by the close of business on July 31, 2014. Comments may also be offered at public meetings to be held in each county. Participants may attend any meeting. While the meetings begin at 6:00 p.m., participants may arrive at any time prior to the close of the meetings at 7:45 p.m. Time allotted to each speaker will be limited. The meetings will be held as follows:

New Castle County: Tuesday, June 24, 2014, 6:00 ??? 7:45 p.m.

Paul J. Sweeney Public Safety Building

(also known as New Castle County Public Safety Building)

3601 N. DuPont Highway, New Castle, DE 19720

Sussex County: Wednesday, July 9, 2014, 6:00 ??? 7:45 p.m.

Thurman Adams State Service Center

(also known as Georgetown State Service Center)

546 South Bedford Street, Georgetown, DE 19947

Kent County: Wednesday, July 16, 2014, 6:00 ??? 7:45 p.m.

DelDOT Administration Building, Farmington Room

800 Bay Road, Dover, DE 19903

DEPARTMENT OF STATE

Division of Professional Regulation

100 Board of Accountancy

PUBLIC NOTICE

Pursuant to 24 Del.C. ??105(a)(1), the Delaware Board of Accountancy has proposed revisions to its rules and regulations. The rules pertaining to renewal and audit are amended to provide that renewal must be accomplished electronically and that continuing education summaries shall be submitted within 30 days of the date of the notification of selection for audit.

A public hearing will be held on July 16, 2014 at 9:00 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 on the amendments to the rules and regulations. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Accountancy, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address.

In accordance with 29 Del.C. ??10118(a), the final date to receive written comments will be July 31, 2014 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on August 20, 2014 at 9:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.

Division of Professional Regulation

300 Board of Architects

PUBLIC NOTICE

The Delaware Board of Architects, pursuant to 24 Del.C. ??306(a)(1), proposes to add regulation 7.6.1.1 and amend regulation 7.6.2. The proposed addition at 7.6.1.1 seeks to grant authority to licensees to utilize electronic seals whenever the use of an architect???s seal is permitted. The amendment at 7.6.2 seeks to allow architects to utilize an electronic signature when signed and sealed submissions are published and/or submitted under the current requirements of regulation 7.6.2.

The Board will hold a public hearing on the proposed regulation change on July 2, 2014 at 1:30 p.m., Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Meaghan Jerman, Administrative Specialist of the Delaware Board of Architects, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until July 17, 2014 pursuant to 29 Del.C. ??10118(a).

Division of Professional Regulation

1100 Board of Dentistry and Dental Hygiene

PUBLIC NOTICE

The Delaware Board of Dentistry and Dental Hygiene, pursuant to 24 Del.C. ??1106(a)(1), proposes to amend its regulations. The proposed changes to regulation 6 set forth guidelines for application renewal and late renewal.

The Board will hold a public hearing on the proposed rule change August 21, 2014 at 3:00 PM, Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Amanda McAtee, Administrator of the Delaware Board of Dentistry and Dental Hygiene, Cannon Building, Suite 203, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until September 5, 2014.

Division of Professional Regulation

1700 Board of Medical Licensure and Discipline

PUBLIC NOTICE

The Delaware Board of Medical Licensure and Discipline, pursuant to 24 Del.C. ??1713(a)(12), proposes to revise regulation 6.0 to remove surplusage. Specifically, the proposal removes the words ???less than once a quarter??? from the regulation as it is unnecessary and renders the regulation???s intent unclear. The Board will hold a public hearing on the proposed regulation change on July 22, 2014 at 3:00 p.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Shauna Slaughter, Executive Director of the Delaware Board of Medical Licensure and Discipline, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until August 6, 2014 pursuant to 29 Del.C. ??10118(a).

Division of Professional Regulation

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners

PUBLIC NOTICE

Pursuant to 24 Del.C. ??1806(a)(2), the Delaware Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners has proposed revisions to its rules and regulations. The rules are amended to provide a continuing education requirement.

A public hearing will be held on July 8, 2014 at 8:30 a.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 on the amendments to the rules and regulations. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address.

In accordance with 29 Del.C. ??10118(a), the final date to receive written comments will be July 23, 2014 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on September 9, 2014 at 8:30 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.

Division of Professional Regulation

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

PUBLIC NOTICE

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 bring the regulations into conformity with the statutory provisions which govern the Board; eliminate regulatory references to the ???Academy of Clinical Mental Health Counselors,??? a non-existent organization; and eliminate regulations stating that professional counselors must obtain licensure by first becoming assistant counselors.

The Board will hold a public hearing on the proposed rule change on June 25, 2014 at 12:00 p.m., in the Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Jessica Williams, Administrator of the Delaware Board of Mental Health and Chemical Dependency Professionals, Cannon Building, 861 Silver Lake Blvd, Dover, DE 19904. Written comments will be accepted until July 10, 2014.

Division of Professional Regulation

4400 Delaware Manufactured Home Installation Board

PUBLIC NOTICE

The Delaware Board of Manufactured Home Installation, pursuant to 24 Del.C. ??4416 (b)(1), proposes to revise its regulations. The proposed revisions to the regulations are administrative in nature.

The Board will hold a public hearing on the rule change on July 14, 2014 at 9:00 a.m., in the Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Sandra Wagner, Administrator of the Delaware Board of Manufactured Home Installation, Cannon Building, 861 Silver Lake Blvd., Suite 203, Dover, DE 19904.

Division of Professional Regulation

5200 Board of Examiners of Nursing Home Administrators

PUBLIC NOTICE

The Delaware Board of Examiners of Nursing Home Administrators, pursuant to 24 Del.C. ??5206(1), proposes to revise its regulations. The proposed revisions to the regulations would mandate that AIT registrants take additional training in preparation for the National Association of Long Term Care Administrator Boards and the practice of nursing home administration. The Board has always strongly recommended that applicants take the course and now recommends that the course become mandatory pursuant to 24 Del.C. ??5209(a)(1).

The Board will hold a public hearing on the proposed rule change on July 8, 2014 at 1:00 p.m., in the Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Sheryl Paquette, Administrator of the Delaware Board of Nursing Home Administrators, Cannon Building, 861 Silver Lake Blvd, Suite 203, Dover, DE 19904.

Office of the State Bank Commissioner

PUBLIC NOTICE

2207 Exemption of Licensed Lenders

2302 Exemptions

3401 Regulations Governing Revocable and Irrevocable Trust Agreements

3402 Surety Bond or Irrevocable Letter of Credit

The State Bank Commissioner proposes to amend four Regulations adopted in accordance with Title 5 of the Delaware Code. Regarding Title 5, Chapter 22 (Licensed Lenders), the proposed amendment to Regulation 2207 (Exemption of Licensed Lenders) deletes certain outdated provisions and specifies that all exemptions issued pursuant to 5 Del.C. ??2202(b) shall expire on December 31 of each year. Regarding Title 5, Chapter 23 (Sale of Checks and Transmission of Money), the proposed amendment to Regulation 2302 (Exemptions) specifies that all exemptions issued pursuant to 5 Del.C. ??2304(c) shall expire on December 31 of each year. Regarding Title 5, Chapter 34 (Preneed Funeral Contracts), the proposed amendments to Regulation 3401 (Operating Regulation) and Regulation 3402 (Surety Bond or Irrevocable Letter of Credit) clarify, streamline and update the existing regulations for ease of understanding and increased relevance to current licensee operations. Other regulations issued by the State Bank Commissioner are not affected by this proposal. The State Bank Commissioner is issuing these proposed amended regulations in accordance with Title 5 of the Delaware Code. This notice is issued pursuant to the requirements of Title 29 of the Delaware Code, Chapter 11, Subchapter III, and Chapter 101, Subchapter II.

A copy of the proposed amended regulations is being published in the June 1, 2014 edition of the Delaware Register of Regulations. A copy is also on file in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 and is available for inspection during regular office hours. Copies are available upon request.

Interested parties may offer comments on the proposed amended regulations or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner at the above address as to whether these proposed amended regulations should be adopted, rejected or modified. Pursuant to 29 Del.C. ??10118(a), public comments must be received on or before July 3, 2014. Written materials submitted will be available for inspection at the above address.

On or after July 3, 2014, following review of the public comment, the State Bank Commissioner will determine whether to adopt the proposed amended Regulations 2207, 2302, 3401, and 3402, or make additional changes because of the public comments received.

DEPARTMENT OF TRANSPORTATION

Division of Planning and Policy

PUBLIC NOTICE

2309 Standards and Regulations for Subdivision Streets and State Highway Access

Background

The Delaware Department of Transportation (DelDOT), through its Division of Planning, seeks to adopt significant general revisions to its existing regulations regarding subdivisions streets and state highway access, not least of which to broaden the title of the regulations to "Development Coordination Manual," among other changes.

The current regulations were generally enacted in 2007, and were revised in partial form in 2010. The proposed regulations are a comprehensive re-write of the entire Section 2309 of title 2 of the Delaware Administrative Code. The changes take into account the issues and concerns identified and addressed as needing amendment by not only DelDOT staff, but also the end users of the current regulations.

The draft regulations were published at 17 DE Reg. 1055 (05/01/14), and written comments are also being sought. Access to the draft can be obtained by following this link:

http://regulations.delaware.gov/register/may2014/proposed/17%20DE%20Reg%201054%2005-01-14.htm.

Public hearings will be held at the following locations:

The intent of the hearings is to inform the public about the changes and to solicit input prior to finalizing the regulations. The hearings will consist of a presentation on the regulatory changes and a question and answer session with DelDOT staff. Interested citizens are encouraged to contribute written questions or comments in advance of the hearing by sending them via email to Marc Cot?? at Marc.Cote@state.de.us. Audience members may provide written questions or comments at the time of the hearing for the discussion or may provide verbal comments privately to a court reporter who will be present at each location. The number of questions addressed will be subject to the time available at the hearing. You may review the proposed changes on www.deldot.gov. The Department will take comments on the Regulations through June 30, 2014. The public may submit their comments to Marc Cot??, P.E., Assistant Director for Development Coordination, via email (Marc.Cote@state.de.us) or in writing to his attention, Division of Planning, DelDOT, P.O. Box 778, Dover, DE 19903.

These locations are accessible to persons with disabilities. Any person having special needs or requiring special aid, such as an interpreter for the hearing impaired, is requested to contact DelDOT by phone or mail one week in advance. For further information contact the Office of Public Relations at 1-800-652-5600 (in DE) or 302-760-2080 or write to the address above.

Marc Cote, P.E., Assistant Director, Planning Development Coordination

Delaware Department of Transportation

P.O. Box 778

Dover, DE 19903

(302) 760 -2122 (phone) (302) 739-2251 (fax)

Marc.cote@state.de.us

DIVISION OF RESEARCH

Office of the Registrar of Regulations

PUBLIC NOTICE

Regulation Governing Administrative Rulemaking Procedures

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 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. The regulation was presented at the April 30, 2014 meeting of the Legislative Council.

Persons wishing to present their views regarding the proposed new regulation must do so in writing by 4:30 pm on July 1, 2014 to Vicki Schultes, Office of the Registrar of Regulations, Division of Research, 411 Legislative Avenue, Dover, DE 19901 or by email to Vicki.Schultes@state.de.us. Copies of the regulation are available for review in the June 1, 2014 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov and are available from the above address.