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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2018

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This regulation is promulgated under 16 Del.C. §10306 and supports implementation of 16 Del.C. Ch. 103, Subchapter II, The Delaware Health Care Claims Database. It summarizes the requirements for submission of claims data by a mandatory reporting entity, to include a reporting schedule and a template for a data submission and use agreement to be entered into between DHIN and each reporting entity.
The 149th General Assembly enacted SB 227 and the Governor signed it into law on August 29, 2018. This statute expands the definition of "Mandatory Reporting Entity" in 16 Del.C. §10312. Proposed amendments to the "Definitions" section of the Health Care Claims Database Data Collection Regulation remove language which merely quotes definitions established in the code and replaces it with a statement that the terms have the meaning assigned in the code. These changes will ensure that the regulation is always congruent with the governing statute.
The Delaware Harness Racing Commission (DHRC) pursuant to 3 Del.C. §10005, proposes to amend its rules and regulations. The proposed regulation changes address needed amendments to maintain compliance with the United States Trotting Association, particularly related to improvements in horse identification technology, and thereby allowing rules more favorable to the welfare of the horse.
After discussions, which included technical experts, regulatory officials, and harness racing stakeholders, on June 12, 2018, the DHRC Rules Committee voted to recommend this rule amendment package to the full DHRC. On August 29, 2018, at its regular monthly meeting, the DHRC unanimously approved these proposed amendments. The DHRC rules committee meetings and DHRC regular monthly meetings are publically noticed open meetings. Subsequent to a 30-day comment period from October 1 to 31, 2018 and notice in the Register of Regulations, the DHRC plans to finalize the regulations on November 13, 2018 during its regularly scheduled monthly meeting. The meetings are held at the Delaware Department of Agriculture, 2320 South DuPont Highway Dover, DE at 10:00am. Written comments must be received by COB October 31, 2018. Those comments should be sent to the same address listed above for meeting location, attention Mr. Mark Davis.
1001 Thoroughbred Racing Rules and Regulations
A copy of the proposed regulations is being published in the October 1, 2018 edition of the Delaware Register of Regulations. A copy is also on file in the office of the Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware 19804 and is available for inspection during regular office hours. Copies are also published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml.
The Director of the Office of the State Lottery (Director) hereby gives notice of proposed amendments to 10 DE Admin. Code 202 relating to the Delaware Lottery Rules and Regulations.
The Director seeks to adopt general overall revisions to the main rules of the State Lottery's existing regulations, the Delaware Lottery Rules and Regulations (10 DE Admin. Code 202), to update and clarify these regulations. These collective changes are primarily administrative in nature. The revisions also serve in part to clarify the intent of the Director as enacted through these regulations. These revisions should not pose additional burdens on licensees or consumers. The Delaware Code authority for these proposed revisions is 29 Del.C. §§ 4805(a), 4805(b), 4806 to 4810, 4812 to 4814, 4818, 4823, and 4830.
The Director of the Office of the State Lottery (Director) hereby gives notice of amendments to 10 DE Admin. Code 203 relating to the Video Lottery and Table Games Regulations.
The Director seeks to adopt substantive and procedural revisions to the State Lottery's existing regulations on video lottery and table games (10 DE Admin. Code 203) to clarify certain sections of the Delaware Code, to update the regulations to allow exemptions for certain ownership interests in video lottery agents, and to allow waivers for institutional investors. These revisions should not pose additional burdens or costs on individual licensees or small business licensees. The statutory authority for these revisions is 29 Del.C. §4805(a)(14), (a)(31), and (b)(13). The Office of the State Lottery does not plan to hold a public hearing on the proposed revisions to the existing regulations. The revisions appear below. Members of the public may also request a copy of the revisions by visiting the Office of the State Lottery, 1575 McKee Road, Suite 102, Dover, Delaware 19904.
Delaware's commercial striped bass fishery is allocated through an annual quota in accordance with the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan for Atlantic Striped Bass. Delaware's annual commercial striped bass quota allocation is apportioned by regulation to two gear types - commercial gill net (GN) and commercial hook and line (HL). These are managed as separate fisheries, with different size limits, seasons and allocations in an effort to maximize fishing opportunities for each fishery, minimize dead discards and prevent growth overfishing. Eligible participants in each fishery are provided with an allotment of tags based on the number of participants, predicted size of the fish and annual quota. Tags are used to assist the Department with quota tracking and accountability. During the period 1990 - 96, 90% of Delaware's quota was allocated to the GN fishery and 10% was allocated to the HL fishery. In 1997, to better ensure full use of Delaware's quota, the striped bass allocation to the GN fishery was increased to 95%, but the less efficient commercial HL fishery was kept at 10% to maintain individual H&L quotas. This over-allocation improved quota attainment as the GN fishery routinely landed its 95% while the HL fishery, for various reasons, never landed more than 3% of the quota. Despite the over-allocation, Delaware did not have any quota overages during 1997 through 2017 because quota could not be transferred between the GN and HL fisheries.
The recent adoption of 7 Del.C. §903A provides for the transfer of striped bass quota (tags) between the GN and HL fisheries. This resulted in improved landing efficiency and, ultimately, a commercial quota overage in 2018. To prevent subsequent overages, the Department is ending over-allocation of the quota and is proposing two alternative allocation strategies. Option 1 would allocate 90% of Delaware's striped bass commercial quota to the gill net fishery and 10% to the H&L fishery. This option would match the proportions used prior to 1997. Historically, this option resulted in an underutilization of the quota. Option 2 would allocate 95% of Delaware's striped bass commercial quota to the gill net fishery and 5% to the H&L fishery. Option 2 is the allocation strategy recommended by the Advisory Council on Tidal Fin Fisheries as a way to better ensure full use of Delaware's quota.
The hearing record on the proposed changes to 7 DE Admin. Code 3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements will open October 1, 2018. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901. A public hearing on the proposed amendment will be held on Wednesday, October 31, 2018 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Public comments will be received until close of business Thursday, November 15, 2018.
The Sex Offender Management Board (SOMB), pursuant to 11 Del.C. §4120A(c)(8), proposes to revise its regulations. The proposed amendments, which were voted on in a General Meeting by the SOMB on April 30, 2018, seek to update, clarify and provide more detailed information regarding qualifications for Sex Offense Service Providers and the credentialing process.
The SOMB will allow for the submission of written comments, suggestions, or other materials regarding the proposed rules to the Criminal Justice Council Attn: Bridget V. Poulle, Carvel State Office Building, 10th Floor, 820 N French Street, Wilmington, Delaware 19801-3590 or e-mail BridgetV.Poulle@state.de.us. Any written submission in response to this notice and the relevant proposed regulations must be received by the Department of Safety and Homeland Security no later than 4:30 p.m. (EST) on October 31, 2018. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml.
The Delaware Board of Nursing, pursuant to 24 Del.C. §1904(c), proposes to revise its regulations to bring them into conformity with the current enhanced Nurse Licensure Compact law, 24 Del.C. §1900A, et. seq.. The proposed changes strike the outdated regulations and incorporate by reference the current enhanced Nurse Licensure Compact regulations.
Pursuant to 24 Del.C. §2906(a)(1), the Delaware Real Estate Commission has proposed revisions to the Real Estate Commission Education Guidelines (the "Guidelines").
Pursuant to 24 Del.C. §4006(a)(1), the Delaware Council on Real Estate Appraisers has proposed revisions to its rules and regulations. The rules pertaining to licensing qualifications are proposed to be amended to conform to new Appraisal Qualifications Board criteria.
Pursuant to the authority provided by 2 Del.C. §1802(b), the Delaware Department of Transportation (DelDOT), adopted the Public Carrier Regulations.
DelDOT will take written comments on these proposed general revisions to 2 DE Admin. Code 2287, from October 1, 2018 through October 31, 2018. The public may submit their comments to:
(Bruce.Demeter@state.de.us) or in writing to his attention,
Pursuant to the authority provided by 2 Del.C. §1922 and 21 Del.C. §302, the Delaware Department of Transportation (DelDOT), adopted the Transportation Network Companies regulation.
DelDOT will take written comments on these proposed general revisions to 2 DE Admin. Code 2289 from October 1, 2018 through October 31, 2018. The public may submit their comments to:
(Bruce.Demeter@state.de.us) or in writing to his attention,
Pursuant to the authority provided by 17 Del.C. §137, the Delaware Department of Transportation (DelDOT), adopted the 2406 Policy and Procedures for Acquisition of Certain Real Property.
The Department, through its Division of Transportation Solutions, seeks to adopt general revisions to its existing regulation, to address changes made to 17 Del.C. §137 by 2018 Delaware Laws Chapter 225 (H.B. 144) and Chapter 374 (H.B. 432). The changes clarify the process for DelDOT, the Advanced Acquisition Committee and the public to follow when acquiring property in advance of final plans being completed. The changes also establish a Dispute Resolution Process which allows the impacted owners the ability to go to arbitration if they so desire. These collective changes are administrative in nature and serve in part to clarify the intent of the Department as enacted through these regulations.
(Robert.cunningham3@state.de.us) or in writing to his attention,
Last Updated: December 31 1969 19:00:00.
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