Authenticated PDF Version1.1 This regulation establishes procedures for filing and publication of agency regulations under 29 Del.C. Ch. 101.
"Agency" means agency as defined in 29 Del.C. §10102.
"Codify" means the process of collecting, arranging, and publishing administrative regulations systematically in the Delaware Administrative Code, and includes the process of verifying that each amendment was marked as required in Section 6.0 of this regulation.
"Division" means the Division of Research of Legislative Council as established pursuant to 29 Del.C. Ch. 11.
"File" means an agency's electronic submission of regulatory documents to the Registrar of Regulations for publication.
"Official regulation" means a regulation in its final form as adopted by an order as defined in 29 Del.C. §10118 and filed with the Registrar of Regulations.
"Publish" means to compile and make regulations available to the public by full text or summary and includes availability in an electronic format.
"Register" means the Delaware Register of Regulations, a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed, together with supplemental information as deemed appropriate by the Registrar, as outlined in 29 Del.C. §1134.
"Registrar" means the Registrar of Regulations, an employee of the Division charged with the responsibility of compiling, maintaining, and publishing the Register of Regulations.
"Regulation" means regulation as defined in 29 Del.C. §10102.
"Regulation Drafting Manual" means the Delaware Administrative Code Drafting and Style Manual, a manual of composition and style guidelines and requirements for drafting documents to be published in the Delaware Register of Regulations and the Delaware Administrative Code.
3.0 Publication Dates and Deadlines
3.1 Pursuant to 29 Del.C. §§10115 and 10118, an agency shall file its regulation and its public notice or final order by 4:30 p.m. on the fifteenth day of the month for publication in the Register issued on the first of the next month.
3.3 Any regulation received after the deadlines provided in subsections 3.1 and 3.2 for publication in the next calendar month shall be held for publication in the Register for the calendar month that follows the missed publication date.
3.4 The official date of publication for the Register is the first day of each calendar month as required by 29 Del.C. §1136.
4.0 Public Comment Period for a Proposed Regulation
4.1 For the purposes of 29 Del.C. §10118, "30 days" is computed by:
4.1.1 Counting the day after publication of the regulation as the first day; and
4.2 The extended "15 days" of public written comment under 29 Del.C. §10118 is computed by:
5.0 Final Order and Effective Date for a Final Regulation
5.1 Pursuant to 29 Del.C. §10118, upon expiration of the public comment period designated in the regulation analysis and filed with the regulation, and before expiration of 12 months after the end of the public comment period for the regulation or the last public hearing, whichever is later, the agency proposing the regulation shall notify the Registrar of the date the regulation is to become effective and enforceable by filing an order with the Registrar as specified in 29 Del.C. §10118.
5.2 The agency shall notify the Registrar after determining that the proposed regulation, in the form published, shall be the final form of the regulation, and after informing the Registrar of any nonsubstantive changes in the regulation as provided for in 29 Del.C. §10118 and marked as described in the Regulation Drafting Manual.
5.3 The agency shall file with the Registrar a final order and copy of the regulation, which shall clearly identify the proposed regulation, state the date the proposed regulation was published in the Register, and state its effective date.
5.4 The date designated as the effective date shall be at least 10 days after the date the final regulation is to be published in the Register. The earliest effective date is the 11th of the month of publication of the final regulation.
5.5 The Registrar shall publish the final order, effective date, and the final regulation, in full or as a summary, in the next issue of the Register, subject to section 3.0 of this regulation.
6.0 Regulation Drafting Manual; Underscoring and Striking Out
6.1.1 An agency shall follow the guidelines for drafting regulations set out in the Regulation Drafting Manual.
6.1.2 The Regulation Drafting Manual is available in hardcopy from the Division and can be found online at: http://regulations.delaware.gov/services/style_manual.shtml.
6.3 Underscoring and Striking Out
6.3.3.2.1 Each page annotated "repealed in its entirety"; or
6.3.3.2.2 The entire text struck out in its entirety.
6.4.1 Whether the unmarked change is substantive or nonsubstantive; and
6.4.2 If the purpose of public notification has been adequately served.
6.5 The Registrar's refusal to codify an unmarked change means that the change is not operative for the purposes of 29 Del.C. Ch. 101 and that the agency must comply with regular administrative rulemaking procedures to make the change.
7.0 Refusal to Publish or Codify a Regulation or Regulation Change
7.1 The Registrar may not publish a proposed regulation or regulation change when the Registrar determines the agency has not met the requirements of 29 Del.C. Ch. 101 and Ch. 104 and this regulation.
7.2 The Registrar may not publish an agency's final order and effective date, nor codify the regulation or regulation change in the Delaware Administrative Code, if the agency exceeds the 12-month limit required by 29 Del.C. §10118(f).
8.0 Use of Incorporation by Reference in Regulations
8.1 An agency incorporating materials by reference shall comply with the following standards:
