Calendar of Events/Hearing Notices

CALENDAR

November 2006

DEPARTMENT OF EDUCATION

The Department of Education will hold its monthly meeting on Thursday, November 16, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

Department of Finance

Division of Revenue

PUBLIC NOTICE

“PUBLICATION OF TAX INFORMATION”

This regulation is promulgated pursuant to the authority given the Secretary of Finance, State of Delaware (the Department) in section 354 of Title 30 of the Delaware Code as well as section (8) of the new act.

Questions have arisen about the application and interplay between sections (b)(2)and (b)(4) of the act as they relate to the publication of names when in the case of entities other than natural persons the Department is contemplating publishing the names of 25% owners, beneficial owners, or responsible officers of such entities. Particularly, the Department has been asked if the word “taxpayer” appearing in the first line of section (b)(2) and in section (b)(4) means only “the entities other than natural persons” referred to in last part of section (b)(2) or whether the word “taxpayer” as used in section (b)(2) includes those individual 25% owners, beneficial owners or responsible officers of the entities whose names the Department intends to publish?

Questions or comments about this regulation may be directed to Deputy Director Colleen Yegla at c.yegla@state.de.us or by phone to (302) 577-8680. The deadline for receipt of public comments is November 30, 2006.

department of health and social services

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Long Term Care Medicaid – Retirement Funds

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 302-255-4425 (new fax number) by November 30, 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

NOTICE OF PUBLIC COMMENT PERIOD

Long Term Care Medicaid – Annuities

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 existing rules in the Division of Social Services Manual (DSSM) to comply with the treatment of annuities provisions mandated by the Deficit Reduction Act (DRA) of 2005 (Public Law 109-171).

department of insurance

1501 Medicare Supplement Insurance Minimum Standards

NOTICE OF REGULATORY CHANGE

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of a proposed change to Department of Insurance Regulation 1501 relating to producer continuing education. The Commissioner proposes to amend Regulation 1501 relating to MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS. The docket number for this proposed amendment is 291.

The proposed change to the regulation appears only in section 17.4.4 of the regulation and is intended to correct the inadvertent omission of certain language designed to clearly indicate that any insurer offering Medicare Supplement Insurance in the State of Delaware is required to offer Plans A, B, C and F to all eligible consumers. This amendment corrects that omission and is the only proposed change to the regulation.

The proposed amendment 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, December 3, 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 justice

Fraud and Consumer Protection Division

Debt Management Services

NOTICE OF PUBLIC HEARING

The Attorney General in accordance with 6 Del.C. §2432(h) has proposed to adopt rules and regulations to implement the Delaware Uniform Debt Management Act in 6 Del.C. Chapter 24A.

A public hearing will be held at 10:00 a.m. on December 11, 2006 in the Attorney General's conference on the 6th floor of the Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801, 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 Consumer Protection Unit of the Department of Justice at Carvel State Office Building, 5th floor, 820 N. French Street, Wilmington, DE 19801. Persons wishing to submit written comments may forward these to the Director of the Consumer Protection Unit at the above address. The final date to receive written comments will be at the public hearing.

Fraud and Consumer Protection Unit

Identity Theft Passports

NOTICE OF PUBLIC HEARING

The Attorney General in accordance with 11 Del.C. §854A(e) has proposed to adopt rules and regulations to implement the Identify Theft Passport program established under 11 Del.C. §854A. The rules provide a procedure for submitting a police report and application from a victim of identity theft in order to obtain a certificate and passport card from the Attorney General.

A public hearing will be held at 10:00 a.m. on December 4, 2006 in the Attorney General’s conference on the 6th floor of the Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801, 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 Consumer Protection Unit of the Department of Justice at Carvel State Office Building, 5th floor, 820 N. French Street, Wilmington, DE 19801. Persons wishing to submit written comments may forward these to the Director of the Consumer Protection Unit at the above address. The final date to receive written comments will be at the public hearing.

department of natural resources and environmental control

Division of Air and Waste Management

NOTICE OF PUBLIC HEARING

Title of of the Regulations:

Amendment to Regulation No. 1124 Control of Volatile Organic Compounds Emissions

Brief Synopsis of the Subject, Substance and Issues:

Regulation 1124 establishes emission standards for sources emitting volatile organic compounds (VOCs). VOC emissions are precursors to the formation of ozone and Delaware does not meet the federal air quality standards for ozone. This amendment proposes to add a new section, Section 46, to control the emissions of VOCs from lightering operations that occur in the waters of the State. Lightering is the process where the draft of large ocean going vessels is reduced by bulk transfer of cargo (usually crude oil) from the ocean going vessels to smaller service vessels. This reduction in draft is necessary for the ocean going vessel to be able to proceed upriver. In 2002, more than 1,836 tons of VOCs were emitted during lightering operations. Lightering operations represented the largest stationary VOC emission source in Delaware.

Some of the VOCs emitted during lightering operations are also classified as hazardous air pollutants (HAPs). It was estimated that in 2002 nearly 200 tons of HAPs were emitted during lightering operations. These HAPs include benzene, toluene, xylenes, ethyl benzene and various polycyclic aromatic hydrocarbons (PAHs). Benzene is a known human carcinogen and benzo(a)pyrene, a PAH, has been classed as a probable human carcinogen. Exposure to the other HAPs can have a non-cancer impact on the public health, safety and welfare. The emissions of these HAPs will also be reduced under this amendment.

Notice of Public Comment:

Statements and testimony may be presented either orally or in writing at a public hearing to be held on Monday, December 4, 2006 beginning at 6:00PM in the DNREC auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover DE. Interested parties may submit comments in writing to: Jim Snead, Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720.

Prepared By:

James R. Snead (302) 323-4542 September 25, 2006

Department of state

Division of Professional Regulation

2500 Board of Pharmacy

NOTICE OF PUBLIC HEARING

The Delaware Board of Pharmacy, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §2509, proposes amendments to its regulation 9.0 relating to hospital pharmacies. Specifically, the amendment to 9.0 Hospital Pharmacy removes provisions relating to hospitals served by off-site pharmacies.

A public hearing is scheduled for Wednesday, January 17, 2007 at 9:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Mariah Krass at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Mariah Krass at the above address or by calling (302) 744-4526.

The Board will consider promulgating the proposed regulations immediately following the public hearing.