Calendar of Events/Hearing Notices

CALENDAR

October 2005

delaware council on police training

NOTICE OF PUBLIC HEARING

The Council on Police Training (COPT), in accordance with 11 Delaware Code Section 8404(a)(14) and 29 Delaware Code Section 10115 of the Administrative Procedures Act, hereby gives notice that it shall hold a public hearing on October 11, 2005 at 9:00 a.m., in the first-floor conference room at the Delaware State Police Training Academy, N. DuPont Highway, Dover, Delaware 19903.

The Council on Police Training will receive written comments or oral testimony from interested persons regarding the following regulations to amend the current COPT Regulation II-14 (Minimum Standards Qualification Course of Fire) and current COPT Regulation II-15 (Firearms Instructor Retraining). The final date for interested persons to submit written comments shall be the date of the public hearing. Written comments should be addressed to: Captain Harry W. Downes, Jr., Director, Delaware State Police Training Academy, P.O. Box 430, Dover, DE 19903-0430.

Anyone wishing to make written or oral comments who would like a copy of the proposed regulations may contact the COPT at (302) 739-5903, or write to the above address.

department of agriculture

Office of the Secretary

1200 Nutrient Management

NOTICE OF RESCHEDULED PUBLIC HEARING

Pursuant to 29 Del.C. ??10115, I hereby recommend the proposed amendments to the certification regulations to be posted in the Register of Regulations.

Synopsis: Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. ??2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. As required by the regulations, certain continuing education credits are needed in order to maintain certification. The proposed changes reduce the required credits in order to maintain consistency with recertification requirements from regional programs.

Comments on the proposed changes will be accepted from September 1, 2005 until October 11, 2005. Any comments should be provided to William Rohrer, Program Administrator. A hearing for the proposed regulations will be conducted at the Delaware Department of Agriculture on November 8, 2005 at 7:00 p.m.

Ammendments: Paragraph 7.0, reference 1200 Nutrient Management, 1201 Nutrient Management Certification Regulations.

Harness Racing Commission

NOTICE OF PUBLIC HEARING

501 Harness Racing Rules and Regulations

The Delaware Harness Racing Commission, pursuant to 3 Del.C. ??10005, proposes to amend rules 8.4.3.4.2 and 8.4.3.5.9 to permit the use of Commission approved blood collection containers. The Commission will hold a public hearing on the proposed rule change on October 20, 2005. Written comments should be sent to Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.

DEPARTMENT OF EDUCATION

The State Board of Education will hold its monthly meeting on Thursday, October 20, 2005 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

Pharmaceutical Services ??? Multi-State Pooling Rebate Program

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 the Title XIX Medicaid State Plan to expand the recently approved preferred drug list by participating in a Medicaid Multi-State Pooling Rebate Program to reduce the cost of pharmaceuticals in a clinically sound way.

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 by October 31, 2005.

Division of Medicaid and Medical Assistance

WITHDRAWAL OF NOTICE OF INTENT

Pharmaceutical Services:

Mail Order Pharmacy Services

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, notice is hereby given that the Notice of Intent published in the General Notices section of Volume 8, Issue 12 of the June 1, 2005 issue of the Delaware Register of Regulations has been withdrawn.

Summary of Withdrawal

On June 1, 2005, the Division of Medicaid and Medical Assistance (DMMA) published for public comment a notice of intent to submit an amendment to the Title XIX Medicaid State Plan to the Centers for Medicare and Medicaid Services (CMS) to implement mail order prescription service. DMMA withdraws its notice of intent published on June 1, 2005 at 8 DE Reg. 1737 as of October 1, 2005.

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Long Term Care Nursing Facilities

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR ??447.205, 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 is proposing to amend the Title XIX Medicaid State Plan regarding the reimbursement methodology for nursing facilities. Additionally, the proposed rule is technical in nature to change a reference from the HCFA (Health Care Financing Administration) to the CMS (Centers for Medicare and Medicaid Services).

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Long Term Care Medicaid

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. Additionally, the proposed rule is technical in nature to change a reference from the Division of Social Services to the Division of Medicaid and Medical Assistance.

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Assisted Living Medicaid Waiver Program

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) related to the Assisted Living Medicaid Waiver Program.

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

Case Record Maintenance and Retention

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 Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by October 31, 2005.

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 insurance

NOTICE OF PUBLIC HEARING

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Tuesday November 1, 2005 at 2:00 p.m. in the Consumer Services Conference Room of the Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, Delaware. The hearing is to receive public comment in Docket No. 2005-140, proposed amendments to Regulation 607 relating to Defensive Driving Course Discount Automobiles and Motorcycles.

The primary purpose for proposing amendments to Regulation 907 is to eliminate the Defensive Driving Credentials Committee and revise the methods by which the Department of Insurance receives and processes complaints against course providers and instructors. There are conforming amendments in the balance of the text to delete references to the Defensive Driving Credentials Committee as well as to eliminate outdated text. The text of the proposed amendments is reproduced in the October 2005 edition of the Delaware Register of Regulations. 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 hearing will be conducted in accordance with 18 Del.C. ??311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 2:00 p.m., Tuesday, November 1, 2005, 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. If you are disabled and might need assistance in this matter, please contact Julia Blevins at 302.739.4251 ext. 111 or Julia.Blevins@state.de.us.

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

NOTICE OF PUBLIC HEARING

Regulations Governing the Control of Air Pollution

The Air Quality Management Section will hold three public workshops regarding the development of Source Category Permits pursuant to the State of Delaware ???Regulations Governing the Control of Air Pollution??? Regulation No. 2 - PERMITS, Section 2.1(b), Regulation No. 2 Section 10, and Regulation No. 30 ??? TITLE V STATE OPERATING PERMIT PROGRAM, Section 6(d) for dry cleaning shops. These workshops will cover the draft Source Category Permit and will provide dry cleaning business owners with instructions and assistance for completing permit applications. The workshops will be held on October 25, 2005 from 7-10 pm at the Delaware Technical and Community College Terry Campus Conference Center, on October 26, 2005 from 7-10 pm at the Delaware Technical and Community College Stanton Campus Conference Center, and on October 27, 2005 from 7-10 pm at the Delaware Technical and Community College Stanton Campus Conference Center. Please note that a Korean interpreter will attend the October 27th workshop.

For further information please contact Valerie Gray, in Dover, at (302) 739-9402.

Division of Water Resources

NOTICE OF PUBLIC HEARING

Proposed Total Maximum Daily Loads (TMDLs) for the Chester River, Choptank River, Marshyhope Creek and Pocomoke River Watersheds, Delaware

Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) is proposing to adopt Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Chester River, Choptank River, Marshyhope Creek and Pocomoke River Watersheds in Delaware. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties and future growth.

Notice of Public Hearing and Comment

A public hearing will be held at 6:00 p.m., Thursday, October 27, 2005, at the University of Delaware Cooperative Extension Service, Research and Education Center, 16684 County Seat Highway (Route 9), Georgetown, Delaware 19947. The hearing record will remain open until 4:30 p.m., Monday, October 31, 2005. Please send written comments to Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us). All written comments must be received by 4:30 p.m., Monday, October 31, 2005.

Additional information and supporting technical documents may be obtained by contacting Hassan Mirsajadi at the above address.

department of state

Office of the State Banking Commissioner

NOTICE OF PUBLIC HEARING

Summary

The State Bank Commissioner proposes to adopt new Regulation 904 (???Exceptions to Tying Restrictions???), which implements ??929(f) of Title 5 of the Delaware Code by authorizing certain conduct as exceptions to the anti-tying restrictions of ??929. These exceptions are in addition to those elsewhere in ??929. The State Bank Commissioner would adopt the proposed new Regulation 904 on or after November 4, 2005. Other regulations issued by the State Bank Commissioner are not affected by these proposals. The State Bank Commissioner is issuing this regulation in accordance with Title 5 of the Delaware Code.

Comments

A copy of the proposed new regulation is published in 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 are invited to comment or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner as to whether this proposed new regulation should be adopted, rejected or modified. Written materials submitted will be available for inspection at the above address. Comments must be received at or before the public hearing scheduled for November 4, 2005.

Public Hearing

A public hearing on the proposed regulation will be held in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 on Friday, November 4, 2005 commencing at 10:00 a.m. This notice is issued pursuant to the requirements of Subchapter III of Chapter 11 and Chapter 101 of Title 29 of the Delaware Code.

Division of Professional Regulation

NOTICE OF RESCHEDULED PUBLIC HEARING

The Delaware Board of Nursing in accordance with 24 Del.C. ??1906(1) has proposed changes to its rules and regulations related to the reporting of continuing education. The proposed change provides that nurses will be able to attest to the completion of the required number of contact hours by approved providers, rather than documenting date, program name, provider and number of contact hours. The full text of the proposed regulation was published in the Register of Regulations, Vol. 9, Issue 2, on August 1, 2005 (8 DE Reg 226).

The public hearing originally scheduled for September 14, 2005 at 9:00 a.m. has been rescheduled to October 12, 2005 at 9:00 a.m. The public hearing will be held 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 Nursing, 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.