Cumulative Tables........................................................................................................................................1248

PROPOSED

DEPARTMENT OF AGRICULTURE

Harness Racing Commission

501 Harness Racing Rules and Regulations, Section 10.0 Due Process and Disciplinary Action ...1256

DEPARTMENT OF LABOR

Division of Industrial Affairs

Office of Workers’ Compensation

1341 Workers’ Compensation Regulation .................................................................................1266

1342 Health Care Practice Guidelines .......................................................................................1266

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

1351 Delaware Regulations Governing Underground Storage Tank Systems, Parts A through H...1267

Division of Fish and Wildlife

3541 Atlantic Sharks ........................................................................................................................1283

3581 Spiny Dogfish; Closure of Fishery ................................................... .................................. .....1283

Division of Soil and Water Conservation

5103 Delaware Dam Safety Regulations .........................................................................................1288

DEPARTMENT OF STATE

Division of Professional Regulation

3700 Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers..............1289

Public Service Commission

PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer

Service by Delmarva Power & Light Company ..........................................................................1293

FINAL

DEPARTMENT OF AGRICULTURE

Harness Racing Commission

501 Harness Racing Rules and Regulations, Section 9.0 Pari-Mutuel Wagering.............................1305

DEPARTMENT OF EDUCATION

Office of the Secretary

746 Criminal Background Check for Student Teaching.....................................................................1306

Professional Standards Board

1513 Denial of Licenses....................................................................................................................1307

1514 Revocation, Limitation, or Suspension of Licenses..................................................................1311

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

DSSM 15120.2 Financial Eligibility ...................................................................................................1320

DSSM 16230.1.2 Self-Employment Income .....................................................................................1320

DSSM 16500.1 Eligibility Requirements ...........................................................................................1322

DSSM 20320 Ownership of Real Property by Institutionalized Individuals ......................................1324



Division of Social Services

DSSM 9008 Residency .....................................................................................................................1326

DSSM 9064.4 Anticipating Expenses ...............................................................................................1329

DSSM 9065 Calculating Net Income and Benefit Levels ..................................................................1329

DSSM 9086 Mass Changes .............................................................................................................1329

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products,

Section 2.0 Consumer Products and Section 4.0 Adhesives and Sealants .....................................1333

DEPARTMENT OF STATE

Division of Professional Regulation

3100 Board of Funeral Services .......................................................................................................1335

Executive Orders:

Executive Order No. 3 Creation of the Governor’s Stimulus Solutions Group ........................................1337

CALENDAR OF EVENTS/HEARING NOTICES

Department of Agriculture, Harness Racing Commission, Notice of Public Hearing...............................1339

State Board of Education, Notice of Monthly Meeting.................................................................................1339

Dept. of Health and Social Services

Annual Grant Application Submission .....................................................................................................1339

Dept. of Labor, Div. of Industrial Affairs, Office of Workers’ Compensation, Notice of Public Hearing.1339

Dept. of Natural Resources and Environmental Control

Div. of Air and Waste Management, Tank Management Branch, Notice of Public Hearing ..............1340

Div. of Fish and Wildlife, Notice of Public Hearing................................................................................1341

Div. of Soil and Water Conservation, Notice of Public Hearing............................................................1342

Department of State, Div. of Professional Regulation

Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers, 

Notice of Public Hearing....................................................................................................................1342

Boxing, Sparring Matches and Exhibitions, Notice of Rescheduled Public Hearing................................1343

Public Service Commission, Notice of Public Comment Period...........................................................1344





102 Delaware Health Information Network Regulations on Participation......................12 DE Reg. 540 (Prop.)

12 DE Reg. 979 (Final)

201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................12 DE Reg. 59 (Final)

Water Code and Comprehensive Plan to Implement a Revised Water Audit Approach

to Identify and Control Water Loss..........................................................................12 DE Reg. 275 (Prop.)

Water Quality Regulations, Water Code and Comprehensive Plan to Classify the

Lower Delaware River as Special Protection Waters..............................................12 DE Reg. 310 (Final)

501 Regulations of the Delaware Solid Waste Authority................................................12 DE Reg. 375 (Prop.)

12 DE Reg. 1192 (Final)

Delaware State Fire Prevention Regulations, Part IX, Fire Service Standards .............12 DE Reg. 6 (Prop.)

Part VIII, Fire Department and Ambulance Company Administrative Standards

Chapter 1................................................................................................................12 DE Reg. 278 (Prop.)

12 DE Reg. 926 (Final)

Part IX, Fire Service Standards, Chapter 4, Minimum Requirements of the

Establishment of Fire Companies and Sub Stations...............................................12 DE Reg. 436 (Final)

301 Violent Crimes Compensation Board Rules and Regulations.................................12 DE Reg. 546 (Prop.)

12 DE Reg. 1150(Prop.)

12 DE Reg. 1193 (Final)

304 Exotic Animal Regulations................................................................................12 DE Reg. 388 (Prop.)

12 DE Reg. 1017(Prop.)

501 Harness Racing Rules and Regulations, 6.0 Type of Races

 and 8.0 Veterinary Practices, Equine Health Medication.................................12 DE Reg. 95 (Prop.)

12 DE Reg. 324 (Final)

12 DE Reg. 666 (Final)

501 Harness Racing Rules and Regulations, Section 7.0 Rules of the Race;

Section 10.0 Due Process and Disciplinary Action...........................................12 DE Reg. 554 (Prop.)

12 DE Reg. 1074 (Final)

501 Harness Racing Rules and Regulations, 9.0 Pari-Mutuel Wagering................12 DE Reg. 864 (Prop.)

1001 Thoroughbred Racing Rules and Regulations, 11.0 Entries, etc....................12 DE Reg. 394 (Prop.)

12 DE Reg. 667 (Final)





1001 Thoroughbred Racing Rules and Regulations, 13.0 Claiming Races.............12 DE Reg. 201 (Final)

103 Accountability for Schools, Districts and the State............................................12 DE Reg. 202 (Final)

110 Teachers and Specialists Appraisal Process (Repeal) .....................................12 DE Reg. 204 (Rep.)

112 Addendum to Teachers and Specialists Appraisal Process (Repeal)...............12 DE Reg. 205 (Rep.)

115 School Level Administrator Appraisal Process (Repeal) .................................12 DE Reg. 207 (Rep.)

220 Diversity............................................................................................................12 DE Reg. 894 (Prop.)

12 DE Reg. 1203 (Final)

230 Promotion.........................................................................................................12 DE Reg. 556 (Prop.)

12 DE Reg. 932 (Final)

240 Recruiting and Training of Professional Educators for Critical Curricular

Areas................................................................................................................12 DE Reg. 895 (Prop.)

12 DE Reg. 1205 (Final)

245 Michael C. Ferguson Achievement Awards Scholarship..................................12 DE Reg. 398 (Prop.)

12 DE Reg. 780 (Final)

255 Definitions of Public School, Private School and Nonpublic School.................12 DE Reg. 108 (Prop.)

12 DE Reg. 668 (Final)

258 Federal Programs General Complaint Procedures ..........................................12 DE Reg. 208 (Final)

275 Charter Schools ...............................................................................................12 DE Reg. 211 (Final)

410 Satellite School Agreements.............................................................................12 DE Reg. 61 (Final)

502 Alignment of Local School District Curricula to the State Content Standards .12 DE Reg. 216 (Final)

505 High School Graduation Requirements and Diplomas.....................................12 DE Reg. 401 (Prop.)

12 DE Reg. 557 (Prop.)

12 DE Reg. 934 (Final)

506 Policies for Dual Enrollment and Awarding Dual Credit....................................12 DE Reg. 110 (Prop.)

12 DE Reg. 437 (Final)

525 Requirements for Career Technical Education Programs.................................12 DE Reg. 113 (Prop.)

12 DE Reg. 439 (Final)

12 DE Reg. 562 (Prop.)

12 DE Reg. 936 (Final)

540 Driver Education...............................................................................................12 DE Reg. 281 (Prop.)

12 DE Reg. 670 (Final)

603 Compliance with the Gun Free Schools Act.....................................................12 DE Reg. 9 (Prop.)

12 DE Reg. 325 (Final)

605 Student Rights and Responsibilities ................................................................12 DE Reg. 219 (Final)

608 Unsafe School Choice Option for Students in Persistently Dangerous

Schools and for Students who have been Victims of a Violent Felony .............12 DE Reg. 62 (Final)

611 Consortium Discipline Alternative Programs for Treatment of Severe

Discipline Problems...........................................................................................12 DE Reg. 707 (Prop.)

12 DE Reg. 1075 (Final)

612 Possession, Use or Distribution of Drugs and Alcohol.....................................12 DE Reg. 406 (Prop.)

12 DE Reg. 781 (Final)

615 School Attendance ...........................................................................................12 DE Reg. 221 (Final)

618 School Safety Audit..........................................................................................12 DE Reg. 711 (Prop.)

12 DE Reg. 1080 (Final)

620 School Crisis Response Plans, Repeal of........................................................12 DE Reg. 712 (Prop.)

12 DE Reg. 1081 (Final)

621 District and School Emergency Preparedness Policy.......................................12 DE Reg. 714 (Prop.)

12 DE Reg. 1082 (Final)

716 Maintenance of Local School District and Charter School Personnel Records12 DE Reg. 116 (Prop.)

12 DE Reg. 443 (Final)

737 Tuition Billing for Special Schools and Programs.............................................12 DE Reg. 566 (Prop.)





12 DE Reg. 940 (Final)

745 Criminal Background Check for Public School Related Employment...............12 DE Reg. 11 (Prop.)

12 DE Reg. 327 (Final)

746 Criminal Background Check for Student Teaching ..........................................12 DE Reg. 17 (Prop.)

12 DE Reg. 329 (Final)

12 DE Reg. 1025(Prop.)

881 Releasing Students to Persons Other Than Their Parent, Guardian or 

Relative Caregiver............................................................................................12 DE Reg. 222 (Final)

901 Education of Homeless Children and Youth.....................................................12 DE Reg. 119 (Prop.)

12 DE Reg. 444 (Final)

915 James H. Groves High School ........................................................................12 DE Reg. 63 (Final)

925 Children with Disabilities Subpart D.................................................................12 DE Reg. 569 (Prop.)

12 DE Reg. 1084 (Final)

1105 School Transportation.....................................................................................12 DE Reg. 716 (Prop.)

12 DE Reg. 1086 (Final)

1502 Professional Growth Salary Increments.........................................................12 DE Reg. 572 (Prop.)

12 DE Reg. 942 (Final)

1506 Emergency Certificate....................................................................................12 DE Reg. 1027(Prop.)

1510 Issuance of Initial License..............................................................................12 DE Reg. 577 (Prop.)

12 DE Reg. 945 (Final)

1513 Denial of Licenses..........................................................................................12 DE Reg. 1031(Prop.)

1514 Revocation of Licenses and Certificates........................................................12 DE Reg. 1035(Prop.)

1531 Middle Level English Language Arts Teacher................................................12 DE Reg. 332 (Final)

1532 Middle Level Mathematics Teacher................................................................12 DE Reg. 333 (Final)

1533 Middle Level Science Teacher........................................................................12 DE Reg. 335 (Final)

1534 Middle Level Social Studies Teacher..............................................................12 DE Reg. 336 (Final)

1552 Career and Technical Specialist.....................................................................12 DE Reg. 338 (Final)

1559 Trade and Industrial Education Teacher.........................................................12 DE Reg. 584 (Prop.)

12 DE Reg. 952 (Final)

1561 Bilingual Teacher............................................................................................12 DE Reg. 339 (Final)

1562 English to Speakers of Other Languages (ESOL) Teacher............................12 DE Reg. 341 (Final)

1572 Teacher of Students Who Are Gifted and Talented.........................................12 DE Reg. 409 (Prop.)

12 DE Reg. 785 (Final)

1580 School Library Media Specialist.....................................................................12 DE Reg. 901 (Prop.)

12 DE Reg. 1206 (Final)

1597 Delaware Professional Teaching Standards...................................................12 DE Reg. 904 (Prop.)

12 DE Reg.1208 (Final)

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

2100 Eligibility Criteria.............................................................................................12 DE Reg. 738 (Prop.)

3201 Skilled and Intermediate Care Nursing Facilities............................................12 DE Reg. 592 (Prop.)

12 DE Reg. 960 (Final)

DSSM:14900 Enrollment in Managed Care...........................................................12 DE Reg. 446 (Final)

15120.2 Financial Eligibility........................................................................12 DE Reg. 1044(Prop.)

16230.1.2 Self-Employment Income..........................................................12 DE Reg. 1044(Prop.)

16500.1 Eligibility Requirements................................................................12 DE Reg. 1044(Prop.)

17800 Medical Assistance During Transition to Medicare Program...........12 DE Reg. 270 (Emer)

12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

17900 Medicaid for Workers with Disabilities.............................................12 DE Reg. 446 (Final)





20700.6 - 20700.6.7, Attendant Services Waiver, Repeal of......................12 DE Reg. 740 (Prop.)

12 DE Reg. 1088 (Final)

20800 Long Term Care - Acute Care Program (SSI)..................................12 DE Reg. 123 (Prop.)

20810 Treatment of Couples in Medical Institutions...................................12 DE Reg. 224 (Final)

Pharmaceutical Services Program - Tamper-Resistant Prescription Pads.12 DE Reg. 20 (Prop.)

12 DE Reg. 342 (Final)

Title XIX Medicaid State Plan

Attachment 2.2-A, Page 18...............................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Attachment 2.2-A, Page 23C.............................................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Pages 12c through 12o.......................................................12 DE Reg. 446 (Final)

Attachment 2.6-A, Supplement 6......................................................................12 DE Reg. 284 (Prop.)

12 DE Reg. 788 (Final)

Attachment 2.6-A, Supplement 8A, Page 2.......................................................12 DE Reg.1153(Emer.)

Attachment 2.6-A, Supplement 12, Page 2a.....................................................12 DE Reg.1153(Emer.)

Delaware Healthy Children Program (DHCP)...................................................12 DE Reg.1153(Emer.)

Medicaid Integrity Program, Page 79y (4.43)....................................................12 DE Reg. 226 (Final)

School-Based Health Services, Attachment 3.1-A............................................12 DE Reg. 228 (Final)

Third Party Data Exchange...............................................................................12 DE Reg. 65 (Final)

4202 Control of Communicable and Other Disease Conditions..............................12 DE Reg. 913 (Prop.)

4403 Free Standing Birthing Centers.......................................................................12 DE Reg. 235 (Final)

4406 Home Health Agencies, Aide Only (Licensure)..............................................12 DE Reg. 412 (Prop.)

12 DE Reg. 1209(Final)

4410 Skilled Home Health Agencies Licensure.......................................................12 DE Reg. 412 (Prop.)

12 DE Reg. 1217(Final)

DSSM1000 Responsibility for the Administration of Delaware’s Assistance 

Programs12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003 Confidentiality....................................................................................12 DE Reg. 126 (Prop.)

12 DE Reg. 453 (Final)

1003.4 Court Appointed Special Advocate.................................................12 DE Reg. 743 (Prop.)

12 DE Reg. 1095 (Final)

3006 TANF Employment and Training Program.........................................12 DE Reg. 288 (Prop.)

12 DE Reg. 793 (Final)

5304.2 Nursing Facility Discharge Notice Hearings...................................12 DE Reg. 242 (Final)

5304.5 Jurisdiction for Hearings over Medicaid Program Services............12 DE Reg. 242 (Final)

9007.1 Citizenship and Alien Status ..........................................................12 DE Reg. 128 (Prop.)

12 DE Reg. 455 (Final)

9008 Residency..........................................................................................12 DE Reg. 1048(Prop.)

9029 Household Cooperation.....................................................................12 DE Reg. 918 (Prop.)

12 DE Reg. 1225 (Final)

9044.1 Newly-Certified Households...........................................................12 DE Reg. 22 (Prop.)

12 DE Reg. 344 (Final)

9046 Definition of Resources......................................................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9049 Resources Excluded for Food Stamp Purposes................................12 DE Reg. 744 (Prop.)

12 DE Reg. 1090 (Final)

9060 Income Deductions............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9064.4 Anticipating Expenses....................................................................12 DE Reg. 1051(Prop.)

9065 Calculating Net Income and Benefit Levels.......................................12 DE Reg. 1051(Prop.)

9068.1 Certification Period Length.............................................................12 DE Reg. 135 (Prop.)





9068.1 Certification Period Length.............................................................12 DE Reg. 462 (Final)

9085 Reporting Changes............................................................................12 DE Reg. 135 (Prop.)

12 DE Reg. 462 (Final)

9086 Mass Changes...................................................................................12 DE Reg. 1051(Prop.)

9093 Electronic Benefit Transfer (EBT)......................................................12 DE Reg. 751 (Prop.)

12 DE Reg. 1092 (Final)

14710 Income.............................................................................................12 DE Reg.1153(Emer.)

6001 Substance Abuse Facility Licensing Standards.............................................12 DE Reg. 464 (Final)

301 Audited Financial Reports [Formerly Regulation 50]..............................................12 DE Reg. 140 (Prop.)

12 DE Reg. 480 (Final)

606 Proof of Automobile Insurance................................................................................12 DE Reg. 23 (Prop.)

12 DE Reg. 346 (Final)

803 Workers’ Compensation Data Collection................................................................12 DE Reg. 610 (Prop.)

12 DE Reg. 973 (Final)

804 Workers’ Compensation Provision of Services Contracts.......................................12 DE Reg. 920 (Prop.)

1212 Valuation of Life Insurance Policies......................................................................12 DE Reg.1135(Emer.)

12 DE Reg. 1157(Prop.)

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve 

Liabilities.................................................................................................................12 DE Reg.1146(Emer.)

12 DE Reg.1167 (Prop.)

1301 Internal Review, Arbitration and Independent Utilization Review of Health

Insurance Claims.....................................................................................................12 DE Reg. 611 (Prop.)

12 DE Reg. 974 (Final)

1311 Office of Anti-Discrimination Rules and Regulations......................................12 DE Reg. 158 (Prop.)

12 DE Reg. 797 (Final)

1341 Workers’ Compensation Regulations.............................................................12 DE Reg. 67 (Final)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories,

Section 9.0........................................................................................................12 DE Reg. 620 (Prop.)

12 DE Reg. 1097 (Final)

Section 11.0......................................................................................................12 DE Reg. 38 (Prop.)

12 DE Reg. 481 (Final)

1141 Limiting Emissions of Volatile Organic Compounds from Consurmer and

Commercial Products, Sections 2.0 and 4.0.....................................................12 DE Reg. 921 (Prop.)

1147 CO2 Budget Trading Program........................................................................12 DE Reg. 290 (Prop.)

12 DE Reg. 674 (Prop.)

1302 Regulations Governing Hazardous Waste.....................................................12 DE Reg. 413 (Prop.)

12 DE Reg. 808 (Final)

1302 Regulations Governing Hazardous Waste,

Part 261 - Identification and Listing of Hazardous Waste, Sections 261.4

and 261.39..................................................................................................12 DE Reg.1170 (Prop.)

Part 262 - Standards Applicable to Generators of Hazardous Waste,

Section 262.21, Appendix and Manifest 8700-22.......................................12 DE Reg.1170 (Prop.)

Part 264 - Standards for Owners and Operators of Hazardous Waste

Treatment Storage and Disposal Facilities, Section 264.151.....................12 DE Reg.1170 (Prop.)





Administrative and Non-Substantive Changes in Regulations Governing the 

Control of Air Pollution (State Implementation Plans).......................................12 DE Reg. 29 (Prop.)

12 DE Reg. 347 (Final)

Division of Fish and Wildlife

3203 Seasons and Area Closed to Taking Horseshoe Crabs..................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3214 Horseshoe Crab Annual Harvest Limit...........................................................12 DE Reg. 423 (Prop.)

12 DE Reg. 975 (Final)

3311 Freshwater Fisherman Registry......................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)

3504 Striped Bass Possession Size Limit; Exceptions............................................12 DE Reg. 922 (Prop.)

12 DE Reg. 1228 (Final)

3507 Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas............................12 DE Reg. 1174(Prop.)

3511 Summer Flounder Size Limits; Possession Limits; Seasons..........................12 DE Reg. 1174(Prop.)

3567 Tidal Water Fisherman Registry.....................................................................12 DE Reg. 167 (Prop.)

12 DE Reg. 493 (Final)

3901 Wildlife, Sections 3.0, 5.0, 7.0, 8.0, 20.0 and 21.0 ........................................12 DE Reg. 169 (Prop.)

12 DE Reg. 496 (Final)

3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdrawn)..............................12 DE Reg. 69 (Final)

7403 Regulations Governing the Pollution Control Strategy for the Indian River,

Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds........12 DE Reg. 677 (Final)

7404 Total Maximum Daily Load (TMDL) for Zinc in the Red Clay Creek, DE........12 DE Reg. 425 (Prop.)

12 DE Reg. 1230(Final)

3400 Board of Examiners of Constables, Section 4.0 Employment........................12 DE Reg. 427 (Prop.)

12 DE Reg. 977 (Final)

3400 Board of Examiners of Constables, Sections 3.0 and 4.0..............................12 DE Reg. 629 (Prop.)

12 DE Reg. 977 (Final)

103 Family Child Care Homes............................................................................12 DE Reg. 810 (Final)

104 Large Family Child Care Homes......................................................................12 DE Reg. 810 (Final)

300 Board of Architects...........................................................................................12 DE Reg. 70 (Final)

400 Gaming Control Board, Regulations 401, 402, 403 and 404............................12 DE Reg. 357 (Final)

500 Board of Podiatry, Licenses (In-Training, Lapse/Renewal, Inactive)................12 DE Reg. 817 (Final)

1400 Board of Electrical Examiners, Sections 1.0 through 3.0, 5.0 through 7.0, 

and 15.0............................................................................................................12 DE Reg. 73 (Final)

1700 Board of Medical Practice, Section 30.0 Patient Records; Fee Schedule

for Copies..........................................................................................................12 DE Reg. 1053(Prop.)

2000 Board of Occupational Therapy Practice........................................................12 DE Reg. 631 (Prop.)

12 DE Reg. 1232(Final)

2500 Board of Pharmacy, Sections 11 and 18.........................................................12 DE Reg. 48 (Prop.)

2600 Examining Board of Physical Therapists and Athletic Trainers......................12 DE Reg. 53 (Prop.)

12 DE Reg. 503 (Final)

2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0,

Provider Responsibilities...................................................................................12 DE Reg. 74 (Final)

2930 Council on Real Estate Appraisers, Sections 2.0, 4.0 and 11.0.....................12 DE Reg. 753 (Prop.)





3100 Board of Funeral Services..............................................................................12 DE Reg. 633 (Prop.)

3300 Board of Veterinary Medicine.........................................................................12 DE Reg. 761 (Prop.)

12 DE Reg. 1233(Final)

3500 Board of Examiners of Psychologists, Section 7.0 Supervised Experience...12 DE Reg. 636 (Prop.)

12 DE Reg. 1108 (Final)

3800 Committee on Dietetics/Nutrition....................................................................12 DE Reg.1179 (Prop.)

3900 Board of Clinical Social Work Examiners, Section 4.0 Professional

Supervision.......................................................................................................12 DE Reg. 775 (Prop.)

5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.........................12 DE Reg. 75 (Final)

8800 Boxing and Combative Sports Entertainment.................................................12 DE Reg. 637 (Prop.)

12 DE Reg. 1054(Prop.)

Uniform Controlled Substance Act Regulations......................................................12 DE Reg. 301(Prop.)

1501 Equal Accommodations Regulations..............................................................12 DE Reg. 179 (Prop.)

(Renumbered to 601)12 DE Reg. 505 (Final)

1502 Fair Housing Regulations...............................................................................12 DE Reg. 179 (Prop.)

12 DE Reg. 814 (Final)

2401 Mortgage Loan Originator Licensing..............................................................12 DE Reg. 430 (Prop.)

12 DE Reg. 818 (Final)

3008 Rules and Procedures to Implement the Renewable Energy Portfolio

Standards Act (Opened August 23, 2005)........................................................12 DE Reg. 291 (Prop.)

12 DE Reg. 1110 (Final)

Docket No. 49: The Creation of a Competitive Market for Real Electric Supply

Service.............................................................................................................12 DE Reg. 518 (Final)

Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety

Compliance Program........................................................................................12 DE Reg. 655 (Prop.)

2101 Freedom of Information Act (FOIA)................................................................12 DE Reg. 245 (Final)

2213 Emergency Vehicle Operators, Age of EVO Permit Holders..........................12 DE Reg. 777 (Prop.)

12 DE Reg. 1114 (Final)

2221 Use of Translators..........................................................................................12 DE Reg. 77 (Final)

2222 School Bus Driver Qualifications and Endorsements12 DE Reg. 196 (Prop.)

12 DE Reg. 519 (Final)

Division of Transportation Solutions

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 1, 7, 8, and 9 ...........................................................................................12 DE Reg. 79 (Final)

Revisions to the Delaware Manual on Uniform Traffic Control Devices, 

Parts 2, 3 and 6.................................................................................................12 DE Reg. 56 (Prop.)

12 DE Reg. 358 (Final)

454 Procedures Governing Delaware Tourism Grant Program...............................12 DE Reg. 661 (Prop.)

12 DE Reg. 978 (Final)





State Employees’ Pension Plan, State Police Pension Plan, State Judiciary

Pension Plan, County Municipal Employees’ Pension Plan, and County and

Municipal Police/Firefighter Pension Plan ........................................................12 DE Reg. 359 (Final)





DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005)\

3 DE Admin. Code 501



501 Harness Racing Rules and Regulations
10.0Due Process and Disciplinary Action

10.1General Provisions

This chapter contains the rules of procedure for State Steward and judges' hearings, and for 
Commission proceedings.

10.2Proceedings by State Steward Presiding Judge or Judges

10.2.1Rights of the Licensee

A person who is the subject of the disciplinary hearing conducted by the State Steward or judges is 
entitled to:







10.2.1.1Proper notice of all charges;

10.2.1.2Confront the evidence presented, including:

10.2.1.2.1the right to counsel at the person's expense;

10.2.1.2.2the right to examine all evidence to be presented against him;

10.2.1.2.3the right to present a defense;

10.2.1.2.4the right to call witnesses; and

10.2.1.2.5the right to cross examine witnesses.

10.2.1.3Waive any of the above rights.

10.2.2Complaints

10.2.2.1A complaint must be in writing and filed with the State Steward Presiding Judge or judges 
within 30 days after the action that is the subject of the complaint.

10.2.2.2On their own motion or on receipt of a complaint from an official or other person regarding 
the actions of a licensee, the State Steward Presiding Judge or judges may conduct an 
inquiry and disciplinary hearing regarding a licensee's actions.

10.2.3Summary Suspension

10.2.3.1If the State Steward or judges Board of Judges determines that a licensee's actions, other 
than those of a licensed aAssociation, constitute an immediate danger to the public health, 
safety or welfare, the State Steward or judges Board of Judges the Commission 
Investigator, may summarily suspend the license pending a hearing.

10.2.3.2A licensee whose license has been summarily suspended is entitled to a hearing on the 
summary suspension not later than the third racing day after the license was summarily 
suspended. The licensee may waive his right to a hearing on the summary suspension 
within the three-day limit.

10.2.3.3The State Steward or judges Board of Judges shall conduct a hearing on a summary 
suspension in the same manner as other disciplinary hearings. At a hearing on a summary 
suspension, the sole issue is whether the licensee's license should remain suspended 
pending a final disciplinary hearing and ruling.

10.2.4Notice

10.2.4.1Except as provided by these rules regarding summary suspensions, the State Steward or 
judges Board of Judges shall provide written notice at least 24 hours before the hearing to 
a person who is the subject of a disciplinary hearing. The person may waive his right to 
24-hour notice by executing a written waiver.

10.2.4.2Notice given under this section must include:

10.2.4.2.1a statement of the time, place and nature of the hearing;

10.2.4.2.2a reference to the particular sections of the statutes or rules involved; and

10.2.4.2.3a short, plain description of the alleged conduct that has given rise to the disciplinary 
hearing.

10.2.4.3If possible, the State Steward or his designee, or the judges Board of Judges or their 
designee shall hand deliver the written notice of the disciplinary hearing to the person who 
is the subject of the hearing. If hand delivery is not possible, the State Steward or judgesBoard of Judges shall mail the notice to the person's last known address, as found in the 
Commission's licensing files, by regular mail and by certified mail, return receipt 
requested. If the disciplinary hearing involves an alleged medication violation that could 
result in the disqualification of a horse, the State Steward Board of Judges shall provide 
written or oral notice of the hearing to the owner, managing owner or lessee of the horse. 
Oral notice of any hearing shall suffice upon attestation by the State Steward Board of 
Judges that such notice was given the person who is the subject of the hearing.

10.2.4.4Nonappearance of a summoned party after adequate notice shall be construed as a 
waiver of the right to a hearing before the State Steward or judges Board of Judges. The 
State Steward or judges Board of Judges may suspend the license of a person who fails to 







appear at a disciplinary hearing after written or oral notice of the hearing has been sent or 
delivered in compliance with this subsection.

10.2.5Continuances

10.2.5.1Upon receipt of a notice, a person may request a continuance of the hearing.

10.2.5.2The State Steward or judges Board of Judges may grant a continuance of any hearing for 
good cause shown.

10.2.5.3The State Steward or judges Board of Judges may at any time order a continuance on 
their own motion.

10.2.6Evidence

10.2.6.1Each witness at a disciplinary hearing conducted by the State Steward or judges Board of 
Judges must be sworn by the State Steward or presiding judge.

10.2.6.2The State Steward or judges Board of Judges shall allow a full presentation of evidence 
and are not bound by the technical rules of evidence. However, the State Steward or 
judges Board of Judges may disallow evidence that is irrelevant or unduly repetitive of 
other evidence. The State Steward or judges Board of Judges shall have the authority to 
determine, in their sole discretion, the weight and credibility of any evidence and/or 
testimony. The State Steward or judges Board of Judges may admit hearsay evidence if 
the State Steward or judges it determines the evidence is of a type that is commonly relied 
on by reasonably prudent people. The rules of privilege recognized by Delaware law apply 
in hearings before the State Steward or judges Board of Judges.

10.2.6.3The burden of proof is on the person bringing the complaint to show, by a preponderance 
of the evidence, that the licensee has violated or is responsible for a violation of the Act or 
a Commission rule.

10.2.6.4The State Steward or judges Board of Judges shall make a tape recording of a disciplinary 
hearing. A copy or a transcript of the recording may be made available at the expense of 
the requesting person.

10.2.7Ruling

10.2.7.1The issues at a disciplinary hearing shall be decided by the State Steward or by a majority 
vote of the Board of jJudges.

10.2.7.2A ruling by the State Steward or judges Board of Judges must be on a form prescribed by 
the Commission and include:

10.2.7.2.1the full name, social security number, year date of birth, last record address, andlicense type and license number of the person who is the subject of the hearing;

10.2.7.2.2a statement of the charges against the person, including a reference to the specific 
section of the Act or rules of the Commission that the licensee is found to have 
violated;

10.2.7.2.3the date of the hearing and the date the ruling was issued;

10.2.7.2.4the penalty imposed;

10.2.7.2.5any changes in the order of finish or purse distribution;

10.2.7.2.6other information required by the Commission; and

10.2.7.2.7the right to appeal to the Commission.

10.2.7.3A ruling must be signed by the State Steward or Presiding Judge on behalf of the Board of 
Judges. by a majority of the judges, as the case may be.

10.2.7.4Upon request, the State Steward or his designee, or the judges Board of Judges or their 
designee shall hand deliver or mail a copy of the ruling to the person who is the subject of 
the ruling. If hand delivery is not possible, the State Steward or judges Board of Judgesshall mail the ruling to the person's last known address, as found in the Commission's 
licensing files, by regular mail. and by certified mail, return receipt requested. A copy of 
the ruling shall be sent to the Association of Racing Commissioners International, and if 
the ruling includes the disqualification of a horse, the State Steward or judges Board of 







Judges shall provide a copy of the ruling to the horsemen's bookkeeper, breed 
registry(ies) and other regulatory agencies, and shall notify the United States Trotting 
Association, in the manner provided by this subsection.

10.2.7.5At the time the State Steward or judges Board of Judges informs a person who is the 
subject of the proceeding of the ruling, the State Steward or judges it shall inform the 
person of the person's right to appeal the ruling to the Commission.

10.2.7.6All fines imposed by the State Steward or judges Board of Judges shall be paid to the 
Commission within ten (10) days after the ruling is issued, unless otherwise ordered. 

10.2.8Effect of Rulings

10.2.8.1Rulings against a licensee apply to another person if continued participation in an activity 
by the other person would circumvent the intent of a ruling by permitting the person to 
serve, in essence, as a substitute for the ineligible licensee.

10.2.8.2The transfer of a horse to avoid application of a Commission rule or ruling is prohibited.

10.2.8.3The horses of a trainer issued a full suspension (or under appeal of a full suspension) shall 
not be transferred for the purposes of training to a spouse, family member, assistant, 
current employee/employer, or household member. All trainer and owner transfers of 
horses from parties under a full suspension (or parties under appeal of a full suspension) 
to other owners or trainers must be approved by the DHRC judges or the DHRC 
Administrator. (See also 5.2.1.6 - 5.3.3.6.)

10.2.9Appeals

10.2.9.1A person aggrieved by a ruling of the State Steward, judges Board of Judges, or the 
Administrator of the Breeder’s Program may appeal to the Commission except as 
provided in subdivision 10.2.9.6 of this subsection. A person who fails to file an appeal by 
the deadline in the form required by this section waives the right to appeal. Appeals of 
decisions to deny or suspend registrations by the Administrator of the Breeder’s Program 
may be appealed to the Delaware Harness Racing Commission within thirty days of the 
action by the Administrator of the Breeder’s Program, subject to the same rules and 
procedures for handling appeals under these Rules. For purposes of appeals from 
decisions of the Administrator of the Breeder’s Program, the Commission will take official 
notice of the rules and regulations enacted by the Delaware Standardbred Breeders’ 
Fund.

10.2.9.2An appeal under this section must be filed with the State Steward Presiding Judge not later 
than 48 hours after the publishing of the ruling. The appeal must be accompanied by a 
deposit in the amount of $250, $400, or an amount as determined by the Commission 
from time to time, plus an amount to be determined from time to time by the Commission 
for the cost of the court reporter’s fee’s and attendance plus the costs for providing notice 
of the appeal. Unless the Commission determines the appeal to be meritorious, either by 
reversing the decision of the State Steward or judges or by reducing the penalty imposed, 
the appeal deposit shall not be repaid to the appellant. In no event shall the advance 
payment of the court reporters fee deposit for the appeal be refunded.

10.2.9.3An appeal must be in writing on a form prescribed by the Commission. The appeal must 
include:

10.2.9.3.1the name, address, telephone number and signature of the person making the appeal; 
and

10.2.9.3.2a statement of the basis for the appeal.

10.2.9.4On notification by the Commission that an appeal has been filed, the State Steward or 
judges Board of Judges shall forward to the Commission the record of the proceeding on 
which the appeal is based.

10.2.9.5If a person against whom a fine has been assessed timely files an appeal of the ruling that 
assesses the fine, the person need not immediately pay the fine in accordance with these 
rules.







10.2.9.6A notice of appeal filed with the Commission pursuant to these rules may be accompanied 
by a request for a stay pending a final decision by the Commission. In his discretion the 
State Steward Presiding Judge may approve such stay requests unless he determines 
that granting the stay would be adverse to the best interests of racing or inimical to the 
integrity of the sport. If the State Steward Presiding Judge denies a stay request, the 
appellant may submit a written request to the Commission, in which case the Chairman of 
the Commission in his discretion may grant or deny the request. 

10.3Proceedings by the Commission

10.3.1Party Designations

10.3.1.1A person who is the subject of a disciplinary hearing, who filed an appeal from a State 
Steward’s or judges’ Board of Judges’s ruling, or who otherwise seeks relief from the 
Commission, is a party to that proceeding.

10.3.1.2A party to a proceeding has the right to present a direct case, cross-examine each 
witness, submit legal arguments and otherwise participate fully in the proceeding.

10.3.1.3A party summoned to appear at a hearing must appear unless he is excused by the 
Commission presiding officer. Parties may appear with counsel licensed to practice law in 
Delaware, or, with the Commission's approval, counsel licensed to practice law in another 
jurisdiction provided that such out-of-state counsel associates with a Delaware attorney.

10.3.1.4A non-party to a proceeding who wishes to appear in a contested case pending before the 
Commission must prove that he has an effected interest sufficient to create standing in the 
case. The burden of proof is on the party asserting standing in such a contested case.

10.3.2Notice

10.3.2.1Not less than seven (7) days before the date set for a hearing, the Commission shall serve 
written or oral notice on each party of record to the proceeding. The person may waive his 
right to said notice by executing a written waiver. Oral notice shall suffice upon attestation 
by the State Steward Presiding Judge or other process server that he personally gave 
such notice to the person who is the subject of the hearing.

10.3.2.2If hand delivery or oral notice by the State Steward Presiding Judge is not possible, the 
Commission shall mail the notice to the person's last known address, as found in the 
Commission's licensing files, by regular mail and by personal service or certified mail, 
return receipt requested.

10.3.2.3A notice of the hearing must include:

10.3.2.3.1a statement of time, place and nature of the hearing;

10.3.2.3.2a reference to the particular sections of the statutes and rules involved; and

10.3.2.3.3a short, plain statement of the matters asserted.

10.3.2.4If the Commission determines that a material error has been made in a notice of hearing, 
or that a material change has been made in the nature of a proceeding after notice has 
been issued, the Commission shall issue a revised notice.

10.3.2.5A party to a proceeding may move to postpone the proceeding. Unless waived by the 
Commission, the motion must be in writing, set forth the specific grounds on which it is 
sought and be filed with the Commission before the date set for hearing. If the person 
presiding over the proceeding grants the motion for postponement, the Commission shall 
cause new notice to be issued.

10.3.2.6After a hearing has begun, the presiding officer may grant a continuance on oral or written 
motion, without issuing new notice, by announcing the date, time and place for 
reconvening the hearing before recessing the hearing.

10.3.3Subpoenas

10.3.3.1A member of the Commission, the Director of Poultry and Animal Health Administrator of 
Racing, the State Steward or judges Board of Judges, the Commission Investigator, or the 
presiding officer of a Commission proceeding or other person authorized to perform duties 







under the Act may require by subpoena the attendance of witnesses and the reproduction 
of books, records, papers, correspondence and other documents. 

10.3.3.2The presiding officer of a Commission proceeding or other person authorized by the 
Commission may administer an oath or affirmation to a witness appearing before the 
Commission or a person authorized by the Commission.

10.3.3.3Each party is responsible for proper service of any subpoenas it requests and for the 
payment of witness fees and expenses as provided by Delaware law.

10.3.3.4On written request by a party, the presiding officer may issue a subpoena addressed to a 
sheriff or any constable to require the attendance of witnesses and the production of 
books, records, papers or other objects as may be necessary and proper for the purposes 
of a proceeding. A motion for a subpoena to compel the production of books, records, 
papers or other objects shall be addressed to the appropriate person, shall be verified and 
shall specify the books, records, papers or other objects desired and the relevant and 
material facts to be proved by them.

10.3.4Conferences

10.3.4.1On written notice, the presiding officer may, on the officer's own motion or on the motion of 
a party, direct each party to appear at a specified time and place for a prehearing 
conference to formulate issues and consider any of the following:

10.3.4.1.1simplifying issues;

10.3.4.1.2amending the pleadings;

10.3.4.1.3making admissions of fact or stipulations to avoid the unnecessary introduction of 
proof;

10.3.4.1.4designating parties;

10.3.4.1.5setting the order of procedure at a hearing;

10.3.4.1.6identifying and limiting the number of witnesses;

10.3.4.1.7resolving other matters that may expedite or simplify the disposition of the 
controversy, including settling issues in dispute; and

10.3.4.1.8identifying provisions and mandates of statute or rules relating to the issues.

10.3.4.2The presiding officer shall record the action taken at the prehearing conference unless the 
parties enter into a written agreement as to the action. The presiding officer may enter 
appropriate orders concerning prehearing discovery, stipulations of uncontested matters, 
presentation of evidence and scope of inquiry.

10.3.4.3During a hearing, on written notice or notice stated into the record, the presiding officer 
may direct each party or the representative of each party to appear for a conference to 
consider any matter that may expedite the hearing and serve the interests of justice. The 
presiding officer shall prepare a written statement regarding the action taken at the 
conference and the statement must be signed by each party and made a part of the 
record. 

10.3.5Reporters and Transcripts

10.3.5.1If necessary, the Commission shall engage a court reporter to make a stenographic record 
of a hearing. If there are multiple parties, the Commission may allocate the cost of the 
reporter and transcript among the parties.

10.3.5.2If a person requests a transcript of the stenographic record, the Commission may assess 
the cost of preparing the transcript to the person.

10.3.5.3A party may challenge an error made in transcribing a hearing by noting the error in writing 
and suggesting a correction not later than 10 days after the date the transcript is filed with 
the Commission. The party claiming errors shall serve a copy of the suggested corrections 
on each party of record, the court reporter and the presiding officer. If proposed 
corrections are not objected to before the tenth day after the date the corrections were 
filed with the Commission, the presiding officer may direct that the suggested corrections 







be made and the manner of making them. If the parties disagree on the suggested 
corrections, the presiding officer shall determine whether to change the record.

10.3.6Nature of Hearings

10.3.6.1An appeal from a decision of the State Steward or judges Board of Judges shall be de 
novo.

10.3.6.2A hearing in a Commission proceeding is open to the public, provided, however, that 
witnesses may be sequestered. 

10.3.6.3Unless precluded by law or objected to by a party, the Commission may allow informal 
disposition of a proceeding without a hearing. Informal disposition includes disposition by 
stipulation, agreed settlement, consent order and default.

10.3.7Presiding Officers

10.3.7.1A member of the Commission, the Director of Poultry and Animal Health Administrator of 
Racing, or a Commission appointee may serve as the presiding officer for a Commission 
proceeding.

10.3.7.2The presiding officer may:

10.3.7.2.1issue subpoenas to compel the attendance of witnesses and the production of papers 
and documents;

10.3.7.2.2administer oaths;

10.3.7.2.3receive evidence;

10.3.7.2.4rule on the admissibility of evidence;

10.3.7.2.5examine witnesses;

10.3.7.2.6set reasonable times within which a party may present evidence and within which a 
witness may testify;

10.3.7.2.7permit and limit oral argument;

10.3.7.2.8issue interim orders;

10.3.7.2.9recess a hearing from day to day and place to place;

10.3.7.2.10request briefs before or after the presiding officer files a report or proposal for 
decision;

10.3.7.2.11propose findings of fact and conclusions of law;

10.3.7.2.12propose orders and decisions; and

10.3.7.2.13perform other duties necessary to a fair and proper hearing.

10.3.7.3A person serving as the presiding officer of a proceeding must be a disinterested party to 
the proceeding.

10.3.8Order of Hearing

10.3.8.1The presiding officer shall open the hearing, make a concise statement of its scope and 
purposes and announce that a record of the hearing is being made.

10.3.8.2When a hearing has begun, a party or a party's representative may make statements off 
the record only as permitted by the presiding officer. If a discussion off the record is 
pertinent, the presiding officer shall summarize the discussion for the record.

10.3.8.3Each appearance by a party, a party's representative or a person who may testify must be 
entered on the record.

10.3.8.4The presiding officer shall receive motions and afford each party of record an opportunity 
to make an opening statement.

10.3.8.5Except as otherwise provided by this subsection, the party with the burden of proof is 
entitled to open and close. The presiding officer shall designate who may open and close 
in a hearing on a proceeding if the proceeding was initiated by the Commission or if 
several proceedings are heard on a consolidated record.

10.3.8.6After opening statements, the party with the burden of proof may proceed with the party's 
direct case. Each party may cross examine each witness.







10.3.8.7After the conclusion of the direct case of the party having the burden of proof, each other 
party may present their direct case and their witnesses will be subject to cross 
examination.

10.3.8.8The members of the Commission and/or the presiding officer may examine any witnesses.

10.3.8.9At the conclusion of all evidence and cross examination, the presiding officer shall allow 
closing statements.

10.3.8.10Before issuing a decision, the Commission or the presiding officer may call on a party for 
further relevant and material evidence on a issue. The Commission or the presiding officer 
may not consider the evidence or allow it into the record without giving each party an 
opportunity to inspect and rebut the evidence.

10.3.9Behavior

10.3.9.1Each party, witness, attorney or other representative shall behave in all Commission 
proceedings with dignity, courtesy and respect for the Commission, the presiding officer 
and all other parties and participants.

10.3.9.2An individual who violates this section may be excluded from a hearing by the presiding 
officer.

10.3.10Evidence

10.3.10.1All testimony must be given under oath administered by the presiding officer. The 
presiding officer may limit the number of witnesses and shall exclude all irrelevant, 
immaterial or unduly repetitious evidence.

10.3.10.2The presiding officer is not bound by the Rules of Evidence, but the rules of privilege 
recognized by law in Delaware apply in Commission proceedings.

10.3.10.3A party may object to offered evidence and the objection shall be noted in the record. A 
party, at the time an objection is made or sought, shall make known to the presiding officer 
the action the party desires. Formal exceptions to rulings by the presiding officer during a 
hearing are unnecessary.

10.3.10.4When the presiding officer rules to exclude evidence, the party offering the evidence may 
make an offer of proof by dictating or submitting in writing the substance of the proposed 
evidence, before the closing of the hearing. The offer of proof preserves the point for 
review. The presiding officer may ask a witness or offered witness questions necessary to 
indicate that the witness would testify as represented in the offer of proof. An alleged error 
in sustaining an objection to questions asked on cross examination is preserved without 
making an offer of proof. 

10.3.10.5The presiding officer may take official notice of judicially cognizable facts and of facts 
generally recognized within the area of the Commission's specialized knowledge. The 
Commission shall notify each party of record before the final decision in a proceeding of 
each specific fact officially noticed, including any facts or other data in staff memoranda. A 
party must be given an opportunity to rebut the facts to be noticed.

10.3.10.6The special skills and knowledge of the Commission, the Commission staff, and the 
officials of the Commission may be used in evaluating the evidence. 

10.3.10.7The presiding officer may receive documentary evidence in the form of copies or excerpts 
if the original is not readily available. On request, the presiding officer shall allow a party to 
compare the copy with the original. If many similar documents are offered in evidence, the 
presiding officer may limit the documents admitted to a number which are representative 
of the total number, or may require that the relevant data be abstracted from the 
documents and presented as an exhibit. If the presiding officer requires an abstract, the 
presiding officer shall allow each party or the party's representative to examine the 
documents from which the abstracts are made.

10.3.10.8The presiding officer may require prepared testimony in a hearing if the presiding officer 
determines that it will expedite the hearing without substantially prejudicing the interests of 
a party. Prepared testimony consists of any document that is intended to be offered as 







evidence and adopted as sworn testimony by a witness who prepared the document or 
supervised its preparation. A person who intends to offer prepared testimony at a hearing 
shall prefile the testimony with the Commission on the date set by the presiding officer and 
shall serve a copy of the prepared testimony on each party of record. The presiding officer 
may authorize the late filing of prepared testimony on a showing of extenuating 
circumstances. The prepared testimony of a witness may be incorporated into the record 
as if read or received as an exhibit, on the witness being sworn and identifying the writing 
as a true and accurate record of what the testimony would be if the witness were to testify 
orally. The witness is subject to clarifying questions and to cross examination and the 
prepared testimony is subject to a motion to strike either in whole or in part.

10.3.10.9The party offering an exhibit shall tender the original of the exhibit to the presiding officer 
for identification. The party shall furnish one copy to the presiding officer and one copy to 
each party of record. A document received in evidence may not be withdrawn except with 
the permission of the presiding officer. If an exhibit has been offered, objected to and 
excluded and the party offering the exhibit withdraws the offer, the presiding officer shall 
return the exhibit to the party. If the party does not withdraw the offered exhibit, the exhibit 
shall be numbered for identification, endorsed by the presiding officer with the ruling on 
the exhibit and included in the record to preserve the exception.

10.3.10.10The presiding officer may allow a party to offer an exhibit in evidence after the close of the 
hearing only on a showing of extenuating circumstances and a certificate of service on 
each party of record.

10.3.11Findings of Fact and Conclusions of Law

10.3.11.1The presiding officer may direct any party to draft and submit proposed findings of fact and 
conclusions of law or a proposal for decision. The presiding officer may limit the request 
for proposed findings to a particular issue of fact.

10.3.11.2Proposed findings of fact submitted under this section must be supported by concise and 
explicit statements of underlying facts developed from the record with specific reference to 
where in the record the facts appear.

10.3.11.3Only if the presiding officer requires the filing of proposed findings of fact or a proposal for 
decision is the Commission required to rule on the proposed findings of fact. If a party is 
permitted but not required to submit proposed findings or a proposal for decision, the 
Commission is not required to rule on the party's proposed findings. 

10.3.12Dismissal

On its own motion or a motion by a party, the presiding officer may dismiss a proceeding, with or 
without prejudice, under conditions and for reasons that are just and reasonable, including:

10.3.12.1failure to timely pay all required fees to the Commission; 

10.3.12.2unnecessary duplication of proceedings;

10.3.12.3withdrawal;

10.3.12.4moot questions or obsolete petitions; and

10.3.12.5lack of jurisdiction.

10.3.13Orders

10.3.13.1Except as otherwise provided by these rules, the Commission shall issue a final order not 
later than thirty days after the conclusion of the hearing. A final order of the Commission 
must be in writing and be signed by a majority of the members of the Commission who 
voted in favor of the action taken by the Commission. A final order must comply with the 
requirements of §10128 of the Administrative Procedures Act, and include a brief 
summary of the evidence, findings of fact based upon the evidence, conclusions of law, 
and other conclusions required by the Act or by these Rules, and a concise statement of 
the Commission's determination or action on the matter.

10.3.13.2The Commission staff shall mail or deliver a copy of the order to each party or the party's 
representative.







10.3.13.3A final order of the Commission takes effect on the date the order is issued, unless 
otherwise stated in the order.

10.3.13.4If the Commission finds that an imminent peril to the public health, safety or welfare 
requires an immediate final order in a proceeding, the Commission shall recite that finding 
in the order in addition to reciting that the order is final from the date issued. An order 
issued under this subsection is final and appealable from the date issued and a motion for 
rehearing is not a prerequisite to appeal.

10.3.14Ex Parte Communications

10.3.14.1No Commission member may discuss the merits of a matter which is pending before the 
Commission prior to a formal hearing, or between the hearing and announcement of the 
Commission's final decision.

10.3.14.2The Administrative Procedure Act, Title 29 of the Delaware Code, Section 10129, 
pertaining to ex parte communications, is hereby incorporated by reference.

10.3.15Appeals

Within fifteen (15) days after service of a final adjudication or order of the Commission, or the 
imposing of a monetary fine, or of an order of the Commission refusing a petition for rehearing or 
reconsideration, or of an order following a rehearing or reconsideration, any party shall have the 
right to appeal therefrom to the Superior Court of the State of Delaware, in the manner provided by 
law and the Rules of that Court.

10.4Rulings in Other Jurisdictions

10.4.1Reciprocity

The State Steward or judges Board of Judges shall honor rulings from other pari-mutuel 
jurisdictions regarding license suspensions, revocation or eligibility of horses.

10.4.2Appeals of Reciprocal Rulings

10.4.2.1Persons subject to rulings in other jurisdictions shall have the right to request a hearing 
before the Commission to show cause why such ruling should not be enforced in 
Delaware.

10.4.2.2Any request for such hearing must clearly set forth in writing the reasons for the appeal.

10.5Attorneys and Pro hac vice admission

10.5.1Only active members of the Delaware Bar and attorneys admitted pro hac vice pursuant to Rule 
10.5.2 may represent any person or otherwise provide legal advice or services at any location 
licensed by the Commission with respect to matters involving the judges or Commission. 
Representing a person or otherwise providing legal advice or services means providing any legal 
service for any other person, firm or corporation, with or without compensation, or providing 
professional legal advice or services where there is a client relationship of trust or reliance, 
including acting as an advocate in a representative capacity; drafting pleadings or other 
documents; or performing any act in such capacity in connection with a prospective or pending 
proceeding before the judges, any employee of the Commission or Commission.

10.5.2Members of the bar of any other state, district or territory of the United States may be admitted to 
practice pro hac vice, in compliance with Delaware Supreme Court Rule 72. The out-of-state 
attorney must have the admission pro hac vice granted by the Commission prior to representing a 
person or otherwise providing legal advice or services as contemplated by these rules.

10.5.3Admission pro hac vice under this rule is discretionary with the Commission. The Commission is 
not obligated to admit an applicant pro hac vice nor is the Commission bound by a prior decision to 
admit an applicant pro hac vice. Admission pro hac vice may be revoked by the Commission in 
accordance with Delaware Supreme Court Rule 62. Admission pro hac vice will be denied or, if 
granted, will be revoked if the Commission determines that the process is being used to 
circumvent the normal requirements for the admission of attorneys to the practice of law in 
Delaware. Absent good cause shown, the Commission has determined that more than one 
appearance within a 365-day period indicates that the non-Delaware attorney is engaging in a 







regular practice of law in Delaware and admission pro hac vice will be denied to prevent such 
situations.

10.5.4An out-of-state attorney rendering services in Delaware in compliance with this rule or here for 
other reasons is not authorized by anything in this rule to hold himself or herself out, to non-
lawyers who have not requested the out-of-state lawyer's presence, as available to assist in 
potential suits. Nothing in this rule authorizes out-of-state attorneys to solicit, advertise, or 
otherwise hold themselves out in publications directed solely to this state as available to assist in 
litigation in Delaware.

1 DE Reg. 507 (11/01/97)

2 DE Reg. 1243 (01/01/99)

5 DE Reg. 1903 (4/1/02)

12 DE Reg. 1074 (02/01/09)





DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
OFFICE OF WORKERS’ COMPENSATION

 Statutory Authority: 19 Delaware Code, Section 2322B (19 Del.C. §2322B)



1341 Workers’ Compensation Regulations

1341 Workers’ Compensation Regulations:







CONTROLDEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
DIVISION OF AIR AND WASTE MANAGEMENT
Statutory Authority: 7 Delaware Code, Chapters 60 and 74 (7 Del.C. Ch. 60 & 74)

7 DE Admin. Code 1351



 1351 Delaware Regulations Governing Underground Storage Tank Systems







DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))

7 DE Admin. Code 3541; 3581











3540 Sharks
3541 Atlantic Sharks 
(Penalty Section 7 Del.C. §936(b)(2))

1.0Definitions:

“Fillet” shall mean to remove slices of fish flesh, of irregular size and shape, from the carcass by cuts 
made parallel to the backbone.









“Land or Landing” shall mean to put or cause to go on shore from a vessel.

"Large mesh gill nets" shall mean any gill net with mesh of five inches or more stretched measure.

“Management Unit” shall mean any of the Non-sandbar large coastal species, small coastal species, 
pelagic species, smooth dogfish (Mustelus canus), and prohibited species of sharks or parts thereof 
defined in this regulation. 

“Non-Sandbar Large Coastal Species” shall mean any of the following species of sharks or parts 
thereof:

Great hammerhead, Sphyrna mokarran

Scalloped hammerhead, Sphyrna lewini

Smooth hammerhead, Sphyrna zyqaena

White shark, Carcharodon carcharias

Nurse shark, Ginglymostoma cirratum

Blacktip shark, Carcharhinus limbatus

Bull shark, Carcharhinus leucas

Lemon shark, Neqaprion brevirostris

Sandbar shark, Carcharhinus plumbeus

Silky shark, Carcharhinus falciformis

Spinner shark, Carcharhinus brevipinna

Tiger shark, Galeocerdo cuvieri

“Pelagic Species” shall mean any of the following species of sharks or parts thereof:

Porbeagle shark, Lamna nasus

Shortfin mako, Isurus oxyrinchus

Blue shark, Prionace qlauca

Oceanic whitetip shark, Carcharhinus longimanus

Thresher shark, Alopias vulpinus

“Prohibited Species” shall mean any of the following species of sharks or parts thereof:

Basking shark, Cetorhinidae maximus

White shark, Carcharodon carcharias

Bigeye sand tiger, Odontaspis noronhai

Sand tiger, Odontaspis taurus

Whale shark, Rhincodon typus

Bignose shark, Carcharhinus altimus

Caribbean reef shark, Carcharhinus perezi

Dusky shark, Carcharhinus obscurus

Galapagos shark, Carcharhinus galapaqensis

Narrowtooth shark, Carcharhinus brachyurus

Night shark, Carcharhinus siqnatus

Atlantic angel shark, Squatina dumerili

Caribbean sharpnose shark, Rhizoprionodon porosus

Smalltail shark, Carcharhinus porosus

Bigeye sixgill shark, Hexanchus vitulus

Sevengill shark, Heptranchias perlo

Sixgill shark, Hexanchus griseus

Longfin mako, Isurus paucus

Bigeye thresher, Alopias superciliosus

"Sandbar shark" shall mean Carcharhinus plumbeus









"Shore fishing" shall mean any fishing that does not take place on board a vessel. The terms "shore 
fishing" and "shore angler" are synonymous.

“Small Coastal Species” shall mean any of the following species of sharks or parts thereof:

Bonnethead, Sphyrna tiburo

Atlantic sharpnose shark, Rhizoprionodon terraenovae

Blacknose shark, Carcharhinus acronotus

Finetooth shark, Carcharhinus isodon

3 DE Reg. 1088 (2/1/00)

2.0It shall be unlawful for any person to land, purchase, trade, barter, or possess or attempt to land, 
purchase, trade, barter, or possess a prohibited species.

3.0It shall be unlawful for any person to possess the fins from any shark in the management unit prior to 
landing said shark unless said fins are naturally attached to the body of said shark.

4.0It shall be unlawful for any person to fillet a shark in the management unit prior to landing said shark. A 
shark may be eviscerated and the head removed prior to landing said shark, but the head, tail, and fins 
must remain naturally attached to the carcass, except that commercial fishermen may eviscerate and 
remove the head of any shark reduced to possession, but the tail and fins must remain attached to the 
carcass.

5.0It shall be unlawful to release any shark in the management unit in a manner that will not ensure said 
sharks maximum probability of survival.

6.0It shall be unlawful for the operator of any vessel without a commercial food fishing license to have on 
board said vessel more than one non-prohibited shark per trip from among those species in the 
management unit, regardless of the number of people on board the vessel. In addition each 
recreational angler fishing from a vessel may harvest and possess one bonnethead, one Atlantic 
sharpnose, and one smooth dogfish shark per trip in the management unit except that two Atlantic 
sharpnose sharks also may be on board in addition to the one shark in the management unit.

1 DE Reg. 345 (10/1/97) 

3 DE Reg. 1088 (2/1/00)

8 DE Reg. 1718 (6/1/05)

7.0It shall be unlawful for any person who has been issued a valid commercial food fishing license while 
on board any vessel to possess any large coastal shark, any small coastal shark or any pelagic shark 
in non-prohibited shark from among those species in the management unit during the remainder of any 
period after the effective date a commercial quota for that group of sharks has been reached in said 
period or is projected to be reached in said period by the National Marine Fisheries Service, National 
Oceanic and Atmospheric Administration and the U.S. Department of Commerce.

8.0It shall be unlawful for any person to engage in a directed commercial fishery for a prohibited species.

9.0It shall be unlawful for the operator of any vessel without a commercial foodfishing license to have on 
board said vessel any large coastal shark, any pelagic shark or any small coastal shark non-prohibited 
shark from among those species in the management unit that measures less than 54 inches, fork 
length (tip of snout to indentation between dorsal and ventral tail lobes), with the exception of Atlantic 
sharpnose, blacknose, finetooth, bonnethead, and smooth dogfish sharks, for which no minimum size 
limit applies.

3 DE Reg. 1088 (2/1/00)

1 DE Reg. 850 (1/1/98)

1 DE Reg. 1005 (2/1/98)

10.0It shall be unlawful for any person shore angler without a commercial foodfishing license to take and 
reduce to possession any large coastal shark, any small coastal shark or any pelagic shark non-
prohibited shark from among those species in the management unit less than 54 inches, with the 
exception of Atlantic sharpnose, blacknose, finetooth, bonnethead, and smooth dogfish sharks, for 
which no size limit applies.









11.0It shall be unlawful for any person shore angler without a commercial foodfishing license to take and 
reduce to possession more than one large coastal shark, small coastal shark or pelagic shark non-
prohibited shark from among those species in the management unit per day (a day being 24 hours). 
Recreational shore anglers may also harvest one additional bonnethead, one additional Atlantic 
sharpnose, and one additional smooth dogfish per day.

8 DE Reg. 1718 (6/1/05)

12.0It shall be unlawful for any recreational or commercial fisherman to possess silky, tiger, blacktip, 
spinner, bull, lemon, nurse, scalloped hammerhead, great hammerhead, and smooth hammerhead 
sharks from May 15 through July 15, regardless of where the shark was caught. Fishermen who catch 
any of these species in federal waters may not transport them through Delaware state waters during 
the aforementioned closed season.

13.0It shall be unlawful for any recreational or commercial fisherman to land or possess any sandbar 
sharks, except for a commercial fisherman in possession of a valid sandbar shark research permit 
issued by the National Marine Fisheries Service. There must be a qualified observer aboard any 
vessel that lands and possesses sandbar sharks fishing under the auspices of a valid federal research 
permit.

14.0It shall unlawful for any Delaware recreational or commercial fisherman to land or possess any species 
of shark in state waters that is illegal to catch or land or possess in federal waters.

15.0The Department may grant anyone permission to take and possess sharks that would otherwise be 
illegal to take and possess when used for display and/or research purposes. Applicants will need a 
current State of Delaware scientific collecting permit. Applicants must annually report the number, 
weight, species, location caught, and gear used for each shark collected for research or display 
purposes, and the annual disposition of said sharks throughout the life of each shark so taken. The 
Division reserves the right to place limits on or deny any request to take prohibited species of sharks 
under the auspices of a scientific collecting permit.

16.0It shall be unlawful for any commercial fisherman to possess or land sharks while using any single 
large mesh gill net that exceeds 2,735 yards in length in Delaware jurisdictional waters, and it shall be 
unlawful for any commercial fisherman to possess or land sharks from large mesh gill nets that have 
been untended for more than two hours at a time in Delaware jurisdictional waters.

3580 Spiny Dogfish
(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any commercial fisherman to harvest, land or possess any spiny dogfish, 
Squalus acanthias, in Delaware except in those sizes, seasons, and quantities permitted in 
accordance with the most recent version of the Atlantic States Marine Fisheries Commission Interstate 
Fishery Management Plan for Spiny Dogfish as amended, or federal law administered by the National 
Marine Fisheries Service, whichever is more restrictive. It shall be unlawful for any commercial 
fisherman to harvest, land or possess any spiny dogfish after the Atlantic States Marine Fisheries 
Commission approved allocation for the region which includes Delaware has been reached during any 
given year. It shall be unlawful to commercially harvest, land or possess spiny dogfish taken from 
federal waters during any time when adjoining federal waters are closed to the taking of spiny dogfish. 
It shall be unlawful for any commercial fisherman to take, land or possess more than 3,000 pounds of 
spiny dogfish per day from Delaware waters, with a day being defined as 24 hours. Further, it shall be 
unlawful for any Delaware commercial fisherman to be in possession of spiny dogfish taken from 
federal waters in excess of the federal daily landing limit. It shall be unlawful for any person to possess 
the fins from any spiny dogfish prior to landing said spiny dogfish unless said fins are naturally 
attached to the body of said spiny dogfish. All spiny dogfish landed in Delaware for commercial 
purposes must be reported through the normal state reporting system.

4 DE Reg 1859 (5/1/01)











10 DE Reg. 1724 (05/01/07)



DIVISION OF SOIL AND WATER CONSERVATION
Statutory Authority: 7 Delaware Code, Chapter 42 (7 Del.C., Ch. 42)





 5103 Delaware Dam Safety Regulations







DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

3700 BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID 
DISPENSERS









3700 Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers
(Break in Continuity of Sections)

8.0Continuing Education For All Licensees: 

8.1Philosophy

8.1.1Continuing education is required by the Board to maintain professional licensure in the fields of 
Speech/Language Pathology, Audiology and Hearing Aid Dispensing. Continuing education 
requirements arise from an awareness that these fields are in a continual state of transition due to 
the introduction of new philosophies and the refinement of already existing knowledge. Speech/
Language Pathologists, Audiologists and Hearing Aid Dispensers should continually strive to 
update their clinical skills in an effort to deliver high quality services.

8.1.2The Board is keenly aware of existing educational opportunities in Delaware and neighboring 
states and has established regulations which will provide continuing education credit as 
effortlessly as possible while assuring quality instruction. Credit will be given for participation in a 
variety of activities that increase knowledge and enhance professional growth.

8.1.3These regulations recognize the financial and time limitations of Delaware's professionals while 
assuring continued appropriate services to those individuals who require them.

8.2Continuing Education Criteria

8.2.1One continuing education contact hour (CE) is defined as 60 minutes of attendance/participation in 
an approved continuing education activity unless otherwise stated.(Therefore, credits and 
continuing education units (CEUs) CEU's issued by various organizations must be translated. e.g., 
1.0 ASHA CEU = 10 CE's)

8.2.2CE Time Frame: CE requirements must be completed in each license renewal period. Licensees 
have until the renewal deadline, July 31st in odd-numbered years, to complete the required CEs.

8.2.32The required number of CEs varies with the date of issuance of license, certification and/or 
professional status. as outlined below: Effective as of the license renewal period beginning August 
1, 2009, licensees must meet the following CE requirements:

8.2.32.1New License: There is no CE requirement for a license issued for less than one year. If a 
license would cover more than one year, but less than 2 years, the licensee is required to 
obtain 10 15 CEs or one-half of the required total hours.

8.2.32.2Single License: Individuals with a license in only one (1) area of specialty must obtain a 
minimum of 20 30 CEs each two-year license renewal period.

8.2.32.3Dual License: Individuals with licenses in two (2) areas of specialty must obtain a minimum 
of 20 30 CEs during each two-year license renewal period, with 10 15 CEs obtained in 
each specialty area. One course may be split between specialty areas to fulfill multiple CErequirements. Content must be shown to be relevant to those areas.

8.2.32.4Triple License: Individuals with licenses in three (3) areas of specialty must obtain a 
minimum of 30 45 CEs during each two-year license renewal period, with 10 CEs obtained 
in each specialty area. One course may be split between specialty areas to fulfill multiple 
CE requirements. Content must be shown to be relevant to those areas.











8.2.32.5Temporary License: All CE requirements will be waived for temporary licensees; however, 
individuals are encouraged to participate in continuing education activities during their 
CFY period.

8.2.32.6Extenuating Circumstances: The Board may consider a waiver of CE requirements or 
acceptance of partial fulfillment based on the Board's review of a written request with 
supporting documentation. Extenuating circumstances may include, but are not limited to, 
disability, illness, extended absence from the jurisdiction, and exceptional family 
responsibilities. Hardship. An applicant for license renewal may be granted an extension 
of time in which to complete CE hours or a total or partial waiver of CE requirements upon 
a showing of hardship. Hardship may include, but is not limited to, disability, illness, 
extended absence from the country and exceptional family responsibilities. No extension 
of time or waiver shall be granted unless the licensee submits a written request to the 
Board prior to the expiration of the license.

8.2.43CE courses must focus on the enhancement of clinical skills and professional growth as defined 
below. 

8.2.43.1Clinical Skills: conferences, workshops, courses, etc., that expand a licensee’s scope of 
practice by enhancing skills in the areas of prevention, assessment, diagnosis, and 
treatment of the client (minimum of 14 20 CEs per licensure renewal period).

8.2.43.2Professional Growth: conferences, workshops, courses, etc., that may not directly impact 
on clinical services to the population being served but are of interest to the licensee and 
will allow the licensee the opportunity to stay abreast of current trends in the profession or 
related fields of interest (maximum of 6 10 CEs per licensure renewal period).

8.2.5Verification of attendance may be required. Therefore, all licensees should retain documentation 
of their attendance at all CE activities.

8.2.64All CE activities must be approved by the Board. A licensee or CE course sponsor may request 
advance approval from the Board by submitting a completed Board Approval form. Approval may 
be requested after the conclusion of a course, but there is no guarantee the course will be 
approved.

8.2.7The Board will monitor CE compliance with a random, post-renewal audit system. Licensees will 
be selected randomly for audit and notified by mail after the renewal deadline.

8.2.5CE is required for license renewal and shall be completed by July 31 of odd-numbered years.

8.2.5.1Proof of continuing education is satisfied with an attestation by the licensee that he or she 
has satisfied the requirements of Rule 8.0

8.2.5.2Attestation may be completed online. In the alternative, paper renewal documents that 
contain the attestation of completion can be submitted.

8.2.6Random audits will be performed by the Board to ensure compliance with the CE requirements. 
The Board will determine the percentage of licensees to be audited. 

8.2.6.1The Board will notify licensees within sixty (60) days after July 31 of each biennial renewal 
period that they have been selected for audit.

8.2.6.2Licensees selected for random audit shall be required to submit verification within ten (10) 
days of receipt of notification of selection for audit. 

8.2.7Verification shall include such information necessary for the Board to assess whether the course 
or other activity meets the CE requirements in Section 8.0. While course brochures may be used 
to verify CE hours, they are not considered to be acceptable proof for use of verification of course 
attendance. Verification must include, but is not limited to, the following information:

8.2.7.1Date of CE course;

8.2.7.2Instructor of CE course;

8.2.7.3Sponsor of CE course;

8.2.7.4Title of CE course; and

8.2.7.5Number of hours of CE course.











8.2.8In response to the audit, audiologists and hearing aid dispensers shall submit documentation of 
calibration of electronic equipment used to assess hearing, as set forth in Rule 7.0.

8.2.9Licensees who are not audited shall retain their CE documentation for three (3) years after 
renewal.

8.2.10Licensees who renew their license under the late renewal provision shall be audited for CE 
completion (and equipment calibration, if applicable). These licensees shall submit documents that 
evidence satisfactory completion of their CE requirements (and annual equipment calibration 
pursuant to regulation 7.0, if applicable) for the prior licensure period.

8.2.11The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the 
Board determines that the licensee has met the CE requirements, his or her license shall remain in 
effect. If the Board determines that the licensee has not met the CE requirements, the licensee 
shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The 
hearing will be conducted to determine if there are any extenuating circumstances justifying the 
noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements 
set forth in these rules and regulations shall constitute a violation of 24 Del.C. §3715(a)(7) and the 
licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §3716.

8.3CE Courses/Activities

8.3.1CE activities sponsored by accredited professional organizations, provided the topics are relevant 
to the improvement of the licensee’s clinical skills or professional growth as defined in Rule 8.2.4. 
Agenda of sessions is required for approval of convention activities.

8.3.2A licensee may receive up to three (3) CE’s for training obtained from a colleague who, after 
attending a professional conference, gives a formal presentation of the information from the 
conference after developing an agenda and outline.

8.3.3University/College coursework for academic credit in the field of Speech/ Language Pathology, 
Audiology, or Hearing Aid Dispensing. A course description must be submitted to the Board for 
approval. (1 undergraduate credit = minimum of 3 CE’s; 1 graduate credit = minimum of 5 CE’s)

8.3.4Professional presentations. A presentation summary must be submitted to the Board for approval. 
Credit may be given for a presentation only once during a licensure period. (1 hour of presentation 
= 3 CE's)

8.3.5Professional publication in related specialty journals. A reprint of the publication must be submitted 
to the Board for approval.

8.3.6Other continuing education may be approved by the Board with documentation of content.

8.3.7Excluded are any job related duties in the workplace such as staff meetings, CPR, etc.

8.4Licensee Responsibilities

8.4.1All licensees shall:

8.4.1.1Complete the required CE by July 31st of each renewal period.

8.4.1.2Prove completion of the CE requirement. Proof of CE requirement completion is satisfied 
with an attestation of completion by the licensee during the renewal process. Attestation 
may be completed electronically if the renewal is accomplished online at 
dpr.delaware.gov. A paper renewal that contains the attestation of completion is also 
acceptable.

8.4.1.3Provide documentation of having attended approved CE activities as required. Licensees 
who are audited shall submit documents that evidence satisfactory completion of their CE 
requirements for the prior licensure period. Licensees who are not audited shall retain 
their documentation for three (3) years after renewal.

8.4.2Licensees who renew their license under the late renewal provision shall be audited for CE 
completion (and equipment calibration, if applicable). These licensees shall submit documents that 
evidence satisfactory completion of their CE requirements (and annual equipment calibration 
pursuant to regulation 7.1, if applicable) for the prior licensure period.

10 DE Reg. 1830 (06/01/07)

11 DE Reg. 814 (12/01/07)











PUBLIC SERVICE COMMISSION
Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a))













3010 Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light 
Company
1.0General

1.1The reliability of electric service and the security of energy supply are of great importance to the 
Delaware Public Service Commission (“Commission”), because they are essential services to the 
citizens of Delaware. This regulation, in support of 26 Del.C. §1007, sets forth the minimum Delmarva 
Power and Light (“DP&L” or “Company”) Integrated Resource Plan (“IRP” or “the Plan”) requirements 
needed to ensure a cost effective, price stable, reliable, efficient and environmentally sound energy 
supply for all Standard Offer Service (“SOS”) customers.

1.2Nothing in this regulation relieves DP&L from compliance with any requirement set forth under any 
other regulation, statute, or order. Compliance with this regulation meets the minimum IRP 











requirements. Compliance with this regulation does not imply plan approval or automatic cost 
recovery.

1.3In accord with 26 Del.C. §1007, DP&L, as the Standard Offer Service Supplier, shall file an IRP on 
December 1st, 2006 and on the anniversary date of the first filing date every other year thereafter (i.e. 
2008, 2010 et seq.). The Company may request and the Commission may change the filing date for 
good cause shown. These regulations shall apply to all IRPs filed pursuant to 26 Del.C. §1007. These 
regulations shall not apply to an IRP docket opened prior to the effective date of these regulations.

1.4The IRP shall be filed in compliance with normal Commission policies and practices.

1.5The plan shall identify the year of the filing, the individuals responsible for its preparation and those 
individuals who shall be available to respond to inquires during the Commission’s review of the plan.

1.6Because an IRP may contain Trade secrets and commercial or financial information, the Company 
may request that information, required under this regulation, be classified as confidential, proprietary 
and/or privileged material. The Company must explain how the material deemed confidential, if 
disclosed, will cause substantial harm to the competitive position of the Company or other party. The 
Company must attest that such information is not subject to inspection by the public or other parties 
without execution of an appropriate proprietary agreement. In requesting such treatment of information 
the Company is also obligated to file an additional copy of the information, excluding the confidential or 
proprietary information. The Commission, in accordance with Rule 11, Rules of Practice and 
Procedure of the Delaware Public Service Commission, effective May 10, 1999, shall treat such 
information as “confidential, not for public release” upon receipt of a properly filed request. Any dispute 
over the confidential treatment of information shall be resolved by the Commission, designated 
Presiding Officer or Hearing Examiner. Confidential utility documents shall be presented under 
separate seal.

1.7Commission Recognition of a filed IRP implies only that the plan is in compliance with the 
administrative requirements of this regulation and the Electric Utility Retail Customer Supply Act of 
2006 (“Act”), 26 Del.C. § 1001-1012. The recognition or ratification of an IRP does not confer or imply 
Commission approval unless so stated by an Order of the Commission. Approval or disapproval of an 
IRP must be made by the Commission after, at a minimum, Staff’s analysis of and public comment on 
the proposed IRP. Any specific ratemaking treatment for the plan or any portions thereof is neither 
directly nor indirectly guaranteed by virtue of the recognition or ratification.

1.8The utility shall provide whatever detail and commentary necessary to demonstrate that it has met or 
exceeded the planning requirements as set forth in this regulation. An effort shall be made to ensure 
that the IRP is clearly stated and can be readily comprehended by the Commission, State Agencies, 
and other interested parties. The IRP shall include an Executive Summary.

1.9Compliance with this regulation is a minimum standard for IRPs. Company needs to exercise its 
professional judgment based on its systems and customer needs. The Company shall include all 
information that assists the reader to fully understand the IRP concept and the Company’s plans to 
meet SOS energy needs.

1.10This regulation requires the maintenance and retention of supply resource planning data and the 
reporting of plan achievements on an annual basis starting in 2009 to the Commission, Governor and 
General Assembly. The Company shall retain such data, consistent with Federal data retention 
guidelines and make it available for further review as necessary.

1.11The Company shall submit a total of 14 copies of its IRP - eight (8) copies to the Commission, two (2) 
copies to the Controller General’s office, two (2) copies to the Office of Management and Budget, and 
two (2) copies to the Energy Office/DNREC. The Commission may request up to six (6) additional 
copies of combined and common filings as may be necessary for review.

1.12These Integrated Resource Planning Regulations shall be effective for IRP dockets opened after the 
effective date of these regulations and may be reviewed, revised, or extended as necessary to ensure 
continued compliance with 26 Del.C. § 1001-1012 and to ensure adequate SOS energy supply.

1.13Failure of the Company to file an IRP or to provide progress reports as required may subject the 
Company to the penalty and remedial provisions of the Delaware statute (26 Del.C. § 1019).











2.0Definitions

The following words and terms, as used in these regulations, shall have the following meanings, 
unless the context clearly indicates otherwise.

“Brownfield” or “Industrial site” means a site that has been previously used for industry and may be 
contaminated, or need environmental remediation for continued use or redevelopment.

“Capacity” means the maximum power capability of a piece of equipment. For example, a generating 
unit might have a rated capacity of 50 megawatts.

"Commission" means the Delaware Public Service Commission.

“Commission Recognition” means that within 45 days after the Company has filed its IRP the 
Commission finds that the plan is administratively complete in fulfilling the requirements of the rules 
and regulations.

“Commission Ratification” means that after the completion of the regulatory process, including 
analysis by Staff and input from the public and other parties, the Commission finds that the IRP is not 
unreasonable and appears to be in the best interest of the ratepayers. Any specific ratemaking 
treatment for the plan or any portions thereof is neither directly nor indirectly guaranteed by virtue of 
the ratification.

“Commission Approval” means that if the Company requests and the Commission approves specific 
policies, contracts or guidelines that are attached to the IRP for rate making purposes. Certain policies, 
contracts, or guidelines previously approved by the Commission will not need additional Commission 
approval in the IRP unless materially changed.

"Conservation" means any reduction in electric power consumption that results from improved 
efficiency, avoidance of waste, reduced consumption, or other energy usage reductions that may result 
from installing new equipment, modifying existing equipment to improve efficiency, adding insulation or 
changing behavior patterns.

“Customer-Sited Generation” means a generation unit that is interconnected on the end-use 
customer’s side of the retail electricity meter in such a manner that it displaces all or part of the 
metered consumption of the end-use customer.

“Demand Response (“DR”)” means programs that are designed specifically to reduce electricity 
demand during periods of supply constraint. These programs do not necessarily reduce total annual 
energy consumption.

“Demand-Side Management (“DSM”)” means cost effective energy efficiency programs that are 
designed to reduce customers’ electricity consumption, especially during peak periods.1

“DNREC” means the Delaware Department of Natural Resources and Environmental Control

"DP&L" or “Company” means Delmarva Power & Light Company, Inc. or its successor 
organizations.

“Energy” means electrical energy. In this sense, energy is a measure of the quantity of units of 
electricity used in a given time period, measured in megawatt- hours.

“Environmental Benefit” means the positive environmental impact of environmental services, 
practices or other ecological influences attained by specific actions, minus the negative environmental 
impacts caused by those actions. Staff will give due consideration to input from DNREC, interveners 
and public comment.

“Fuel Diversity” means the utilization of resources to supply energy to SOS customers that are 
procured in such a way as to diminish the risk of adverse changes in fuel prices for electric generation, 
either through a mix of electric generating resources that utilize a variety of fuel sources, fuel hedges, 
Customer-Sited Generation resources, both renewable and nonrenewable, application of appropriate 
risk management practices, DSM or a combination of these activities and assets.











“Generation Attributes” means non-price characteristics of the electrical energy output of a 
generation unit including, but not limited to, the units fuel type, geographical location, emissions, 
vintage and Renewable Energy Portfolio Standards (26 Del.C. § 351-363) eligibility.

“Implementation Plan” means an action plan which outlines the short and long term planned actions 
of the Company to secure necessary energy, capacity, transmission and other appropriate resources 
as further described in the Integrated Resource Plan.

“Integrated Resource Plan (IRP)” means the planning process of an Electric Distribution Company 
that systematically evaluates all available options, including but not limited to: generation, Supply 
Contracts, transmission and Demand-Side Management programs during the planning period to 
ensure that the electric distribution Company acquires sufficient and reliable resources over time that 
meet their customers’ needs at a minimal cost.1

“Integrated Resource Evaluation” means a process within the IRP that considers and compares 
supply- and demand-side resources to select a final resource mix. 

“Load Forecast” means the estimated future annual electricity usage, that is used to help electric 
utilities make resource allocation decisions.

“New or Innovative Baseload Technologies” means energy resources using new technologies to 
generate electricity on a typical round- the- clock basis.

“Nominal Price” means the price paid for a product or service at the time of the transaction that has 
not been adjusted to reflect the effects of inflation.

“PJM Interconnection, L.L.C. (‘PJM’)” means the Regional Transmission Organization or successor 
organization that is responsible for wholesale electricity markets and the interstate transmission of 
electricity throughout a multi-state operating area that includes Delaware.

“Portfolio” or “Resource Portfolio” means the combination of physical assets (e.g. electric 
generating, self generating, and transmission assets), financial products (e.g. Supply Contracts for 
energy and related services), market resources (e.g. spot market energy purchases), DSM and DR 
programs, and Customer-Sited Generation resources, both renewable and non renewable, that the 
Electric Distribution Company uses to satisfy current and future energy procurement requirements for 
SOS customers, while managing the risk of adverse price changes to SOS customers.

“Plan Objectives” means the targets or goals of an IRP plan needed to measure the impact and/or 
success of the plan’s actions. Such goals or targets must be definitive, measurable and verifiable. 
Refer to 1.1 for IRP objectives.

“Price Stability” means the lack of significant variation in the real price and nominal price paid by 
SOS customers over the planning period.

“Real Price” means the value after adjusting for inflation. Real price is expressed in constant dollars 
reflecting buying power relative to a base year. 

“Reliability” means the degree of performance of the elements of the bulk electric system that results 
in electricity being delivered to customers within accepted standards and in the amount desired. 
Reliability may be measured by the frequency, duration, and magnitude of adverse effects on the 
electric supply. Electric system Reliability can be addressed by considering two basic and functional 
aspects of the electric system – Adequacy and Security.

“Resource Portfolio” see “Portfolio”











"Retail Competition" means the right of a customer to purchase electricity from a certified electric 
supplier.

"Standard Offer Service (“SOS”)" means the provision of electric supply service by a Standard Offer 
Service Supplier to customers who do not otherwise receive electric supply service from a certified 
electric supplier.

"Standard Offer Service Supplier" means the electric distribution company serving within its 
certificated service territory.

“Supply Contracts” means short or long term power procurement contracts as may be negotiated 
and agreed upon to meet defined requirements, more specifically for Delaware’s Standard Offer 
Service customers.

“Scenario Analysis” means a component of integrated resource planning that analyzes and assigns 
probabilities to a variety of possible future conditions and the options available to deal with them. Its 
primary purpose is to facilitate better resource planning decisions by assessing and quantifying the 
economic and other risks related to a particular decision.

"Transmission Service" means the delivery of electricity from supply sources through transmission 
facilities to distribution system interconnection points.

“Wholesale Electricity Market” means the various PJM markets in which the purchase and sale of 
electric energy, capacity, and ancillary services from generators to resellers/wholesale suppliers (who 
sell to retail customers) takes place at the transmission level.

3.0General Requirements

3.1Consistent with the requirements of 26 Del.C. §1007 and this regulation, the Company shall file an IRP 
every two years, starting on December 1 of the first even-numbered year after the effective date of 
these regulations, that adheres to the following general principals:

3.1.1The IRP shall provide a framework for comparing a comprehensive resource mix of supply- and 
demand-side and Transmission Service resource costs and attributes.

3.1.2The IRP shall utilize a Resource Portfolio in achieving the objectives of the IRP, shall incorporate a 
Portfolio approach to securing resources and incorporating an analysis of risk versus certainty into 
the planning process, or absent such a Portfolio approach, the rationale supporting the exclusion.

3.1.3The IRP process shall provide for regulatory, stakeholder and public input.

3.1.4The IRP shall include provisions for the IRP to be modified from time to time, as may be necessary 
to conform with any subsequent legislative or regulatory directives. 

3.2The IRP shall include the following minimum requirements:

3.2.1An executive summary with a short description of the utility, its customers, service territory, current 
facilities, planning objectives, notable areas of departure in the new IRP from the old, citing 
specific location within the IRP where the new aspects shall be found, Load Forecast, 
recommended Resource Portfolio and action plan.

3.2.2Established Plan Objectives in quantitative and qualitative terms by which the plan achievements 
may be measured and shall not be biased against any particular option. Measures must be 
ascribed to each objective. The Company must include a summary of the overall process, and 
models used in developing the IRP.

3.2.3A description of the load forecast, the assumptions used or implicit in creating the forecast, the 
range of forecast examined, and the forecast selected for the filing period.

3.2.4A listing of all the options considered to meet the load forecast, identification of those chosen for 
further evaluation and possible inclusion in the plan, and a discussion of the rationale for such 
selections including any key assumptions. This planning information shall include a 10-year 
planning horizon, starting with the year immediately following the filing year (i.e. filing year of 2010 
shall include planning information for years 2011 through 2020).

3.2.5A description of the Scenario Analysis used to integrate the options into a single resource plan or 
individual scenario for further review and analysis, to include a listing of the various scenarios 
considered and any key assumptions.











3.2.6A description of the process used to develop the proposed IRP, including the assumptions and 
analysis leading up to the decision and the application of the valuation criteria as specified in 
section 5.0.

3.2.7An analysis of the risk and sensitivity of the proposed IRP in comparison to other options also 
considered.

3.2.8Action plans for implementation of the IRP, for no less than five (5) years, starting with the year 
immediately following the filing year.

4.0Load Forecast

4.1The Company shall consider a range of load growth forecasts that include:

4.1.1Both historical data and future estimates. 

4.1.2Both winter and summer peak demand for total Delmarva Delaware load and Delmarva Delaware 
SOS load by customer class.

4.1.3Weather adjustments, including consideration of climate change potential.

4.1.4Five (5) year historical loads, current year-end estimate and ten (10) year weather adjusted 
forecast showing individually and aggregated Delmarva Delaware and Delmarva Delaware SOS 
load, and both Delmarva Delaware and Delmarva Delaware SOS load disaggregrated by 
customer classes, including both capacity (MW) and energy requirements (MWh).

4.1.5Analyses of how existing and forecast Conservation, DR, DSM, Customer-Sited Generation, 
various economic and demographic factors, including the price of electricity, will affect the 
consumption of electric services, and how customer choice under Retail Competition of utility 
service may affect future loads.

4.1.6Description of the process the company used to develop these forecasts. Forecasts shall include 
the probability of occurrence. Within the forecasting modeling descriptions the Company shall 
demonstrate how well its model predicted past load data for the prior five (5) years.

5.0Resource Portfolio Options

5.1The Company shall include a description of the overall process and the analytical techniques it used to 
identify its proposed options. The Company shall not rely exclusively on any particular resource or 
purchase procurement process.

5.2The Company shall identify and evaluate all reasonable generation, Supply Contracts, both short- and 
long-term procurement and demand- side and demand response management strategies, even if a 
particular strategy is ultimately not recommended by the Company. The IRP must show an 
investigation of all reasonable opportunities for a more diverse supply at the lowest reasonable cost. 
Company should provide its hedging guidelines. If there are any changes from the existing hedging 
policy, Company should so state. Any cost evaluation should state whether real or nominal costs were 
used. It shall contain a description of each option and an evaluation that considers the economic and 
environmental value of the following:

5.2.1Resources that utilize New or Innovative Baseload Technologies;

5.2.2Resources that provide short or long term Environmental Benefits to the citizens of this State;

5.2.3Facilities that have existing fuel and transmission infrastructure;

5.2.4Facilities that utilize existing brownfield or industrial sites;

5.2.5Resources that promote Fuel Diversity;

5.2.6Resources or facilities that support or improve Reliability; or

5.2.7Resources that encourage Price Stability. 

5.3The Company shall provide a description of the options recommended for inclusion in the proposed 
plan, including a description of the mechanism or process used for valuing each option. Such valuation 
shall also include consideration for the life expectancy of the resource, if the resource provides 
capacity and/or energy, any improvements to system Reliability, the dispatchability of the source, any 
lead time requirements, the flexibility of the resource, the Generation Attributes of the resource, the 











efficiency of the resource, and the opportunities for customers’ participation. The valuation shall 
assess the probability of securing the options according to modeling information used, including any 
key assumptions. The Company shall provide the estimated energy and capacity impacts for each 
option and the rationale behind the estimate.

5.4Where Transmission Service is identified as a planning option, the Company shall describe the 
transmission enhancement, the location, and provide PJM’s assessment of the impact of the proposed 
transmission asset when available. The IRP shall reflect the current projects included in PJM‘s 
Regional Transmission Expansion Plan.

5.5At least 30 percent of the resource mix shall be acquired through the regional Wholesale Electricity 
Market via a bid procurement or auction process held by DP&L. (Docket No. 04-391.)

5.6The Company shall also include discussion of known plans to reduce existing physical, contractual or 
service related Portfolio resources during the IRP planning period.

5.7The Company shall evaluate all technically feasible and cost effective DR improvements. Where non-
Company evaluations of DSM and Conservation are available through the Sustainable Energy Utility 
(“SEU”) (or other organization as requested by the Commission), the Company shall summarize the 
results and actions taken. The Company may contract with the SEU (whose primary function is to 
develop end-user markets for energy efficiency services and customer-sited renewable energy, and to 
facilitate private sector implementation of the SEU’s market development plans) to provide services to 
accomplish the SEU’s Demand Side management plans. Any Company proposed DSM program 
rejected by the SEU may be included in the IRP. Where DR programs are new, the Company shall 
summarize the anticipated benefits with respect to load reductions and provide supporting material to 
justify the new program.

5.8The Company shall assess the Resource Portfolio options against the set of Plan Objectives and 
criteria.

6.0Plan Development

6.1The Company shall conduct an Integrated Resource Evaluation in formulating its potential plans for 
supply and demand-side resource scenarios. The Company shall describe the mechanism or process 
by which the Load Forecast and options have been blended into the various IRP scenarios. In 
integrating its supply and demand-side resources, the Company shall:

6.1.1Provide a discussion of how the Company might alter the recommended plan in the future if the 
key planning assumptions used to develop the recommended plan in the future turn out to be 
different than what was assumed in preparing the recommended plan.

6.1.2Evaluate the cost-effectiveness of the options from the perspectives of the utility and the 
different classes of ratepayers.

6.1.3Estimate a range of external costs which may be intangible, in order to show how explicit 
consideration of them might affect selection of options. The utility shall attempt to quantify the 
magnitude of the externalities, for example, in terms of the amount of emissions released and 
dollar estimates of the costs of such externalities.

6.1.4Evaluate the financial, competitive, Reliability, and operational risks associated with the options 
recommended by the IRP and how these risks may be mitigated over the 10 year planning period. 
Each candidate plan shall include a discussion of the likelihood of the occurrence of such risks.

6.1.5For the options included in the proposed plan identified in the IRP, the IRP shall include an 
analysis of the fuel risk associated with the proposed Resource Portfolio and how such fuel risk 
will be mitigated when the proposed plan is implemented.

6.1.6Perform sensitivity analyses on each of the candidate plans to include variations in key 
assumptions and to assess the likelihood of planned outcomes. The sensitivity analyses should 
include among other analyses the impact of proposed regulations related to climate change.

6.2The Company shall forward a copy of the IRP to DNREC and seek input into externalities, including 
but not limited to, health effects.











6.3In developing candidate plans, special attention shall be given to ensuring consistency between the 
IRP and typical rate- making processes. While the ultimate consumer price associated with the plan is 
important, the stability of rates and other factors as described in Section 5.2 need to be considered in 
any candidate plan selection.

7.0Proposed Plan Selection.

7.1The Company shall select and file the proposed IRP which it believes is the most consistent with the 
criteria set forth in 26 Del.C. §1007. The Company shall describe the rationale behind its selection, 
including any modeling or methodology used as the basis for selection of the proposed plan.

7.2In filing the proposed IRP, the Company shall provide at a minimum a five (5) year forecast of supply 
rates by customer class that would be anticipated based on the IRP planning assumptions and 
recommended procurement strategy.

8.0Implementation Plan

8.1As part of the IRP, the Company shall file a plan needed to implement the IRP. Such plan shall be a 
five (5) year action plan outlining the resource decisions intended to implement the IRP. The 
Implementation plan shall include:

8.1.1Actions to be taken in the first two (2) years and outline actions anticipated in the last three (3) 
years.

8.1.2For IRP’s filed on or after December 1, 2010, a status report of the specific actions contained in 
the previous action plan, including what risk assumptions were made and what actually occurred.

8.1.3Schedule of key activities related to the plan implementation.

9.0 Review and Comment

 9.1As part of the process commencing in 2009 and continuing on an annual basis, the Company shall 
submit a report to the Commission, the Governor and the General Assembly detailing their progress in 
implementing their IRPs.

9.2The Commission, interested State Agencies, interested parties and the general public shall be 
provided an opportunity for review and comment on the Company’s IRP filings. The Commission shall 
seek input from DNREC (assuming DNREC has intervened) on the issue of externalities due to 
emissions, as the result of the proposed IRP.

9.3Subsequent to the IRP recognition and after input from the public,and other parties, the Commission 
may ratify the filing of the Company’s IRP and its compliance with these regulations. Ratification that 
the IRP complies with the statute shall not guarantee a particular ratemaking treatment of future 
resource acquisitions. To the extent that the Commission determines that the IRP is not compliant with 
the statute or is unlikely to meet the goals of the statute, the Company shall revise its IRP to meet 
these requirements. Rate treatment shall be addressed in rate or other proceedings as filed by the 
utility or as initiated by the Commission.

9.4The Integrated Resource Plan may be used as a factor in rate cases to evaluate the performance of 
the utility. Reports provided under this regulation are subject to annual review and audit by the 
Commission and interested State Agencies. The Company must maintain sufficient records to permit a 
review and confirmation of material contained in all required reports.











DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005)

3 DE Admin. Code 501







501 Harness Racing Rules and Regulations



DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Sections 122(b) and 14 Delaware Code, Chapter 16

(14 Del.C. §122(b) & 14 Del. C. Ch. 16))

14 DE Admin. Code 746



746 Criminal Background Check for Student Teaching







PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section 1205(b) 14 Del.C. §1205(b))

14 DE Admin. Code 1513











1513 Denial of Licenses
1.0Content

This regulation shall apply to the denial of an Initial License, Continuing License or Advanced License 
for educators pursuant to 14 Del.C. §1210, 1211, 1212, 1213, 1214, and 1217; and to the denial of a 
Standard or Emergency Certificate pursuant to 14 Del.C. §§1220 and 1221.

7 DE Reg. 161 (8/1/03)

9 DE Reg. 138 (7/1/05)

2.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

"Advanced License" means a license issued as part of the three tiered licensure system set forth in 
14 Del.C. §1213 and §1214.

"Continuing License" means a license issued as part of the three tiered licensure system set forth in 
14 Del.C. §1211 and §1212.

"Department" means the Delaware Department of Education.

"Educator" means a public school employee who holds a license issued under the provisions of 14 
Del.C. Ch. 12, and includes teachers and administrators, and as otherwise defined by the Standards 
Board and the State Board, pursuant to 14 Del.C. §1203, but does not include substitute teachers 
[means a person licensed and certified by the State under 14 Del.C., Chapter 12, to engage in 
the practice of instruction, administration or other related professional support services in 
Delaware public schools, including charter schools, pursuant to rules and regulations 
promulgated by the Standards Board and approved by the State Board. For purposes of 14 
Del.C. Chapter 12, the term 'educator' does not include substitute teachers].

"Good Moral Character" means conduct which is consistent with the rules and principles of morality 
expected of an educator.

"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of 
an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her 
unfitness or otherwise.

"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 
Del.C. §1210.

"Secretary" means the Secretary of the Delaware Department of Education.

“Standard Certificate” means a credential issued to verify that an educator has the prescribed 
knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a 
category of students.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. 
§1205.

"State" means the State of Delaware.

"Unfit" means lack of good moral character, misconduct in office, incompetence, a pattern of 
ineffective teaching, wilful neglect of duty, disloyalty or falsification of credentials, or any conduct that 
would be grounds for revocation of an educator's license.

7 DE Reg. 161 (8/1/03)

9 DE Reg. 138 (7/1/05)









3.0Failure to Meet Licensure Requirements

The Department may refuse to issue an Initial License, Continuing License, Advanced License or a 
Standard or Emergency Certificate to an applicant upon a finding that the applicant fails to meet the 
statutory or regulatory requirements for a license or certificate.

The Department may refuse to issue an Initial License, Continuing License, Advanced License or a 
Standard or Emergency Certificate and deny an applicant's request for a license for failure to meet the 
statutory or regulatory qualifications for a license.

7 DE Reg. 161 (8/1/03)

9 DE Reg. 138 (7/1/05)

4.0Finding that Applicant is Unfit Denial of Unfit Applicants

Upon a finding that an applicant is unfit to be licensed or certified in the State, the Department may 
refuse to issue an Initial License, Continuing License or an Advanced License or a Standard or 
Emergency Certificate to an applicant who otherwise meets the requirements set forth in 14 DE 
Admin. Code 1510, 1511, 1512, 1515 and 1516.

4.1The Department may refuse to issue an Initial License, Continuing License, Advanced License or a 
Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the 
requirements for a license because the applicant is unfit.

4.2The Department may refuse to issue an Initial License, Continuing License, Advanced License or a 
Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the 
requirements for a license because the applicant has engaged in any misconduct or conduct that 
would be a basis for revocation under 14 DE Admin. Code 1514 Revocation, Limitation or Suspension 
of Licenses.

7 DE Reg. 161 (8/1/03)

9 DE Reg. 138 (7/1/05)

65.0Right to Hearing, Burden of Proof, and Procedures

5.1The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The 
Department shall not take action to deny a license under this section without providing the applicant 
with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the 
Standards Board.

5.2The notice of denial shall be sent by certified mail, return receipt requested to the applicant’s last 
known mailing address and shall give notice that a full and fair hearing may be requested before the 
Standards Board within ten (10) days.

5.2.1The applicant shall report any address changes to the Department and the Standards Board.

6.1 5.3An applicant who is denied an Initial, Continuing, or Advanced License or a Standard or Emergency 
Certificate may appeal the decision, and is entitled to a full and fair hearing before the Standards 
Board. 

5.3.1The applicant's request for a hearing before the Standards Board shall be received by the 
Standards Board's Executive Director within twenty (20) calendar days of the date the denial 
notice was mailed.

5.4In any hearing before the Standards Board to challenge action taken under this regulation, the 
Standards Board shall have the power to administer oaths, order the taking of depositions, issue 
subpoenas and compel attendance of witnesses and the production of books, accounts, papers, 
records, documents and testimony.

5.5Unless otherwise provided for in this Section, the burden of proof in a license denial action shall be on 
applicant to show by a preponderance of the evidence that he or she should not be denied a license 
because he or she meets the qualification for licensure pursuant to the applicable laws and 
regulations.









5.5.1Provided however, if the denial of the license is on the basis that the applicant is unfit or otherwise 
committed conduct or misconduct that would be the basis for revocation of a license, the 
Department shall specify the particular conduct and circumstances giving rise to the denial.

5.5.1.1Prior to a hearing for a license denial under Section 4.0, the Department shall provide full 
disclosure of the basis of the denial.

5.5.2Whenever the basis for an action described within this regulation is a guilty plea, a plea of nolo 
contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo 
contendere or conviction certified by the Clerk of the Court entering the plea, nolo contendere or 
conviction shall be conclusive evidence thereof.

6.1 5.6Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules.

7 DE Reg. 161 (8/1/03)

9 DE Reg. 138 (7/1/05)

56.0Revocation in Another State

Notwithstanding any other provisions stated herein or in 14 DE Admin. Code 1510, 1511, and 1512,
no license or certificate shall be issued to an applicant for an Initial, Continuing or Advanced License or 
Standard or Emergency Certificate if:

56.1There is legal evidence that the applicant is not of good moral character; or

56.2The applicant has had a certificate or license revoked in another state for immorality, misconduct in 
office, incompetence, willful neglect of duty, disloyalty or falsification of credentials.

9 DE Reg. 138 (7/1/05)

PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section 1205(b) 14 Del.C. §1205(b))

14 DE Admin. Code 1514





1514 Revocation of Licenses and Certificates







1514 Revocation, Limitation, or Suspension of Licenses and Certificates
1.0Content

This regulation shall apply to the revocation of an Initial License, Continuing License or Advanced 
License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 
2003 for educators, pursuant to 14 Del.C. §1218.









7 DE Reg. 161 (8/1/03)

7 DE Reg. 627 (11/1/03)

2.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

"Advanced License" means a license issued as part of the three tiered licensure system set forth in 
14 Del.C. §1213 and 1214.

"Continuing License" means a license issued as part of the three tiered license system set forth in 
14 Del.C. §1211 and 1212.

"Department" means the Delaware Department of Education.

"Educator" means a person licensed and certified by the State under 14 Del.C., Chapter 12, to 
engage in the practice of instruction, administration or other related professional support services in 
Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by 
the Standards Board and approved by the State Board. For purposes of 14 Del.C., Chapter 12, the 
term ‘educator’ does not include substitute teachers.

"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of 
an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her 
unfitness or otherwise.

"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 
Del.C. §1210.

"License Holder" or "Licensee" means any individual who holds an Initial License, Continuing 
License or Advanced License, and until a Continuing License is issued, a limited standard, standard, 
or Professional Status certificate.

"Secretary" means the Secretary of the Delaware Department of Education.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. 
§1205.

"State" means the State of Delaware.

7 DE Reg. 161 (8/1/03)

7 DE Reg. 627 (11/1/03)

9 DE Reg. 542 (10/1/05)

3.0Revocation of License or Certificate

An Initial, Continuing or Advanced License; or a Limited Standard, Standard, or Professional Status 
Certificate issued prior to August 31, 2003 may be revoked upon the dismissal of the license holder for 
immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty, or upon the license 
holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing 
evidence establishes the underlying misconduct, and must be revoked upon a finding that the license 
or certificate holder made a materially false or misleading statement in his or her license or certificate 
application.

3.1Revocation Requested by a School District or Charter School

3.1.1When any license or certificate holder is dismissed by a school board, or board of directors, or 
other employing authority for immorality, the board making such a determination pursuant to Title 
14 of the Delaware Code shall, upon final decision, give written notice to the Secretary.

3.1.2When any license or certificate holder is dismissed by a school board or board of directors or other 
employing authority for misconduct in office, incompetence, willful neglect of duty or disloyalty, the 
board making such a determination pursuant to Title 14 of the Delaware Code may, upon final 
decision, give written notice to the Secretary of its desire to request the revocation of that 
individual's license.









3.1.3When a license or certificate holder employed by a school board or board of directors or other 
employing authority resigns employment or retires pending dismissal for immorality, the board 
shall, upon accepting the resignation or retirement, give written notice to the Secretary.

3.1.4Upon receipt of written notification from the school board or board of directors or other employing 
authority, the Secretary shall give written notice to the license or certificate holder of the intended 
revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and 
shall give notice that a full and fair hearing may be requested before the Standards Board within 
thirty (30) days. Hearings shall be conducted in accordance with the Standard Board's Hearing 
Procedures and Rules.

3.1.5If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days 
of the notice of revocation, the Secretary shall send written notification by certified mail to the 
individual revoking his/her license.

3.2Revocation by the Secretary of Education

3.2.1The Secretary may initiate proceedings to revoke a license or certificate holder's license or 
certificate when she/he has good reason to believe that clear and convincing evidence establishes 
that any of the following circumstances exist:

3.2.1.1The license or certificate holder has been convicted of a crime which is evidence of 
immorality;

3.2.1.2The license or certificate holder who is not employed by a public school district or charter 
school or other employing authority has resigned his/her employment or retired pending 
dismissal for immorality; or

3.2.1.3The license or certificate holder has had a certificate or license revoked in another state 
for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty or 
falsification of credentials.

3.2.2The Secretary shall give written notice to the license or certificate holder of the intended revocation 
and the reasons therefor. The notice of revocation shall be sent by certified mail and shall give 
notice that a full and fair hearing may be requested before the Standards Board within thirty (30) 
days. Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures 
and Rules.

3.2.3If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days 
of the notice of revocation, the Secretary shall send written notification by certified mail to the 
individual revoking his/her license or certificate.

7 DE Reg. 161 (8/1/03)

7 DE Reg. 627 (11/1/03)

9 DE Reg. 553 (10/1/05)

4.0Duty of License or Certificate Holder to Report

4.1Notwithstanding any other provisions stated herein, a license or certificate holder shall send written 
notification to the Secretary within thirty (30) days of the happening of any of the following events:

4.1.1The license or certificate holder is dismissed by a school board, board of directors, or other 
employing authority for immorality;

4.1.2The license or certificate holder resigns employment or retires pending dismissal for immorality;

4.1.3The license or certificate holder is convicted of a crime which is evidence of immorality; or

4.1.4The license or certificate holder has had a certificate or license revoked in another state for 
immorality, misconduct in office, incompetency, willful neglect of duty, disloyalty or falsification of 
credentials.

4.2The failure of the license or certificate holder to report any of the above events to the Secretary of 
Education shall be grounds for revoking a license or certificate provided that clear and convincing 
evidence establishes the underlying misconduct.

7 DE Reg. 161 (8/1/03)









7 DE Reg. 627 (11/1/03)

9 DE Reg. 542 (10/1/05)

5.0Right to Hearing

When a license or certificate is revoked, all certificates held by the license or certificate holder shall be 
revoked. Educators are entitled to a full and fair hearing before the Professional Standards Board. 
Hearings shall be conducted in accordance with the Standards Board's Hearing Procedures and 
Rules.

7 DE Reg. 161 (8/1/03)

7 DE Reg. 627 (11/1/03)

9 DE Reg. 542 (10/1/05)

1.0Content

This regulation shall apply to the revocation, limitation, or suspension of an Initial License, Continuing 
License or Advanced License issued pursuant to 14 Del.C. Ch. 12; or a Limited Standard, Standard or 
Professional Status Certificate issued prior to August 31, 2003 for educators, pursuant to 14 Del.C.
§1218.

2.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

"Advanced License" means a license issued as part of the three-tiered licensure system set forth in 
14 Del.C. §1213 and §1214.

"Continuing License" means a license issued as part of the three-tiered license system set forth in 14 
Del.C. §1211 and §1212.

"Department" means the Delaware Department of Education.

"Educator" means a person licensed and certified by the State under 14 Del.C., Chapter 12, to 
engage in the practice of instruction, administration or other related professional support services in 
Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by 
the Standards Board and approved by the State Board. For purposes of 14 Del.C. Chapter 12, the 
term 'educator' does not include substitute teachers.

"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of 
an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her 
unfitness or otherwise.

"Initial License" means a license issued as part of the three-tiered licensure system set forth in 14 
Del.C. §1210.

"License Holder" or "Licensee" means any individual who holds an Initial License, Continuing 
License or Advanced License, and until a Continuing License is issued, a Limited Standard, Standard, 
or Professional Status Certificate.

"Nolo Contendere" means a plea by the defendant in a criminal prosecution that without admitting 
guilt subjects him to conviction but does not preclude him from denying the truth of the charges in a 
collateral proceeding.

"Nollo Prosequi" means an entry on the record of a legal action denoting that the prosecutor or 
plaintiff will proceed no further in his action or suit either as a whole or as to some count or as to one or 
more of several defendants.

"Secretary" means the Secretary of the Delaware Department of Education.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C.
§1205.

"State" means the State of Delaware.









3.0Revocation of License

3.1Discretionary Revocations

The Secretary may revoke an Initial, Continuing or Advanced License that has been issued, for the 
following causes if the license holder:

3.1.1Obtained or attempted to obtain or renew a license or certificate by fraudulent means or through 
misrepresentation of material facts; or

3.1.2Falsified official school records, documents, statistics or reports; or

3.1.3Knowingly violated any of the provisions of the Student Testing Program set forth in 14 Del.C.
§172; or

3.1.4Plead guilty or nolo contendere with respect to, or is convicted of, any crime against a child 
constituting a misdemeanor, except for Unlawful Sexual Conduct in the Third Degree; or

3.1.5Plead guilty or nolo contendere with respect to, or is convicted of, possession of a controlled 
substance or a counterfeit controlled substance classified as such in 16 Del.C. Chapter 
47,Schedule I, II, III, IV, or V; or

3.1.6Was terminated or dismissed for immorality, incompetence, misconduct in office, willful neglect of 
duty, disloyalty or misconduct involving any cause for suspension or revocation of a license; or

3.1.7Resigned or retired pending dismissal for immorality, provided that clear and convincing evidence 
establishe[ds] the underlying misconduct occurred; or

3.1.8Had a license or certificate revoked or voluntarily surrendered in another jurisdiction for cause 
which would be grounds for revocation; or

3.1.9Failed to comply with any of the mandatory notice provisions of this regulation.

3.1.10Failed to comply with any of the statutory or regulatory requirements for maintaining a license.

3.2Mandatory Revocations

The Secretary shall revoke a license if the license holder:

3.2.1Pleads guilty or nolo contendere with respect to, or is convicted of:

3.2.1.1Any crime constituting the manufacture, delivery, possession with intent to manufacture or 
deliver a controlled substance or a counterfeit controlled substance classified as such in of 
16 Del.C. Chapter 47, Schedule I, II, III, IV or V; or

3.2.1.2Any crime constituting a violent felony as defined in 11 Del.C. §4201(c); or

3.2.1.3Any crime against a child constituting a felony, or Unlawful Sexual Contact in the Third 
Degree; or

3.2.1.4Any crime constituting a felony sexual offense; or

3.2.1.5Any crime constituting a felony offense against public administration involving bribery, 
improper influence or abuse of office; or

3.2.2Is terminated or dismissed for a sexual offense against a child; or

3.2.3Resigns or retires after official notice of allegations of a sexual offense against a child, provided 
that clear and convincing evidence establishes the underlying misconduct occurred.

4.0Limitation of Licenses

[4.1]The Secretary may limit an Initial, Continuing or Advanced License that has been issued, for any of the 
grounds for revocation.

[4.2 If any of the causes listed in Sections 3, 4, 5, or 6 are determined, the Secretary or the Standards 
Board after a hearing, may put limitations on a license that may include but are not limited to:

4.2.1 Restrictions on the ages of students with whom the license holder may work; or

4.2.2 Additional supervision requirements; or

4.2.3 Education, counseling or psychiatric examination requirements.]









5.0Suspension of Licenses

5.1The Secretary may suspend an Initial, Continuing or Advanced License that has been issued, for any 
of the grounds for revocation.

5.2A license may be suspended for a period of time not to exceed five (5) years.

5.2.2The license may be reinstated by the Secretary, upon written request, with verification that all 
requirements for license renewal have been satisfied.

5.2.3If the license expired during the period of suspension, the holder of the former license may reapply 
for the same tier license that was suspended but shall meet the license requirements that are in 
effect at the time of the application for the license.

6.0Automatic Suspension after Arrest or Indictment

[6.1]The Secretary may automatically suspend any license without a prior hearing if the license holder is 
arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c). A suspension 
under this subsection is effective on the date of the arrest or Grand Jury indictment.

6.2Temporary Order

6.2.1For a suspension under this sub section, the Secretary shall issue a written temporary order of 
suspension to the license holder at his or her last known address.

6.2.1.1The chief school officer or head of school, on behalf of the local board of education or 
charter school board of directors, shall report to the Secretary the name and last known 
address of any license holder employed by the district or charter school who it knows to 
have been arrested or indicted by a Grand Jury for a violent felony as defined in 11 Del.C. 
§4201(c).

6.2.1.2An order of suspension under this Section shall remain in effect until the final order of the 
Secretary or the Standards Board becomes effective.

6.3Expedited Hearing

6.3.1A license holder whose license has been suspended pursuant to this Section may request an 
expedited hearing before the Standards Board within 20 calendar days from the date the notice of 
the Secretary's decision to temporarily suspend the license holder's license was mailed. The 
request shall be sent to the Standards Board's Executive Director.

6.3.2In the event that the license holder requests an expedited hearing, the Standards Board shall 
convene a hearing within 90 calendar days of the receipt of such a request.

6.3.3The order of suspension is temporary pending resolution of the criminal charges. Therefore, an 
expedited hearing under this subsection shall be limited to whether the license holder had been 
arrested or indicted for a violent felony.

6.4Revocation after Conviction

6.4.1If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent 
felony as defined in 11 Del.C. §4201(c), the Secretary shall proceed with revocation.

6.5Resolution of Charges without Conviction

6.5.1If the license holder is found not guilty of the underlying criminal charges, a nollo prosequi is 
entered on the record by the State, or the charges are otherwise dismissed by the Court, the 
license holder may file a written request for license reinstatement, including documentation of the 
final status of the judicial proceeding, and their license shall be reinstated if still valid.

6.5.2If the license expired during the period of suspension, the holder of the former license may reapply 
for the same tier license that was suspended, but shall meet the license requirements that are in 
effect at the time of the application for license.

6.5.3The Secretary may however, continue to pursue revocation under any alternative ground including 
but not limited to termination of employment for immorality, incompetence, misconduct in office, 
willful neglect of duty, disloyalty, or misconduct; or resignation or retirement pending dismissal for 
immorality under the standards provided herein.









7.0Substantially Comparable Conduct

The Secretary may take any action under this regulation on the basis of substantially comparable 
conduct occurring in a jurisdiction outside this State or occurring before a person applies for or 
receives any license.

8.0Mandatory Notification Requirements

8.1License Holder 

8.1.1Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in 
a court of law which would constitute grounds for revocation, limitation or suspension of license 
under this regulation or has been arrested or indicted by a Grand Jury for a violent felony as 
defined in 11 Del.C. §4201(c), shall notify the Secretary of such action in writing within twenty (20) 
calendar days of such conviction, arrest or indictment, whether or not a sentence has been 
imposed. Failure to do so shall be grounds on which the Secretary may revoke, limit or suspend 
the holder's license.

8.1.2Any license holder who has surrendered an educator license or any professional license or 
certificate or who has had such a license or certificate revoked, limited or suspended in any 
jurisdiction or by any agency shall notify the Secretary of such action in writing within thirty (30) 
calendar days of such action. Failure to do so shall be grounds on which the Secretary may 
revoke, limit or suspend the holder's license.

8.2Chief School Officer, Head of School, Local Board or Charter School Board of Directors 
Responsibilities

8.2.1The chief school officer or head of school, on behalf of the local board of education or charter 
school board of directors, shall report to the Secretary the name and last known address of any 
license holder who is dismissed, resigns, retires or is otherwise separated from employment with 
that district or charter school after having received notice of misconduct that constitutes grounds 
for revocation or suspension this regulation.

8.2.1.1Such report shall be made within fifteen (15) calendar days of the dismissal, resignation, 
retirement or other separation from employment and is required notwithstanding any 
termination agreement to the contrary that the local board of education or charter school 
board of directors may enter into with the license holder.

8.2.1.2The reasons for the license holder's dismissal, resignation, retirement or other separation 
from employment with the district or charter school shall also be provided along with all 
evidence that was reviewed by or is in the possession of the district or charter school 
relating to the dismissal, resignation, retirement or other separation from employment.

8.2.1.3The Department shall give written notice to any license holder of any notification received 
under this subsection to the license holder's last known address. Such notification shall be 
made with fifteen (15) calendar days of receipt of the district or charter school's report to 
the Department of misconduct under this Section.

8.2.1.4The obligation to report also applies when a chief school officer or head of school acquires 
relevant information after a license holder's dismissal, resignation, retirement or other 
separation from employment.

8.2.2The chief school officer or head of school, on behalf of the local board of education or charter 
school board of directors, shall report to the Secretary the name and last known address of any 
license holder employed by the district or charter school who it knows to have been arrested or 
indicted by a Grand Jury for a violent felony as defined in 11 Del.C. §4201(c).

8.2.3All information obtained from the chief school officer or head of school shall be confidential and 
shall not be considered public records under Delaware's Freedom of Information Act.

8.2.4Failure to make the mandatory reports shall be grounds on which the Secretary may limit, suspend 
or revoke the chief school officer's or head of school's license.

8.3Notice of Action









The Secretary shall not take action against a person under Sections 3, 4 or 5 without providing the 
person with written notice of the charges and with an opportunity for a full and fair hearing before the 
Standards Board.

8.3.1Notice shall be sent to the person's last known address.

8.3.2The license holder shall have thirty (30) calendar days from the date the notice of the charges was 
mailed to make a written request for a hearing.

8.3.3If no written request for a hearing is received by the Standards Board within thirty (30) calendar 
days of receipt of notification, the license holder's license shall be deemed to be revoked, limited 
or suspended and the holder shall be so notified.

8.3.4Notice of the revocation, limitation, suspension or reinstatement of a license shall be made by the 
Secretary, or his or her designee, to all chief state school officers of the other states and territories 
of the United States.

8.4All communications between a license holder and the Department or Standards Board provided for in 
this Section shall be by certified mail, with a return receipt requested.

9.0Investigations

9.1The Secretary may investigate any information received about a person that reasonably appears to be 
the basis for action under this regulation.

9.1.1The Secretary shall not investigate anonymous complaints.

9.1.2The Department shall give written notice within a reasonable period of time to a license holder of 
any investigation initiated hereunder to the license holder's last known address.

9.1.3All information obtained during an investigation is confidential and shall not be considered public 
records under Delaware's Freedom of Information Act.

9.1.4The Secretary shall review the results of each investigation conducted pursuant to this regulation 
and shall determine whether the results warrant initiating action under this regulation.

10.0License Reinstatement

10.1Subject to the limitation contained herein, an individual whose license has been revoked under Section 
3.1 Discretionary Revocation of this regulation may petition the Secretary for reinstatement of the 
license no sooner than five (5) years from the date of revocation. The individual shall submit to the 
Secretary a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth 
in subsection 10.1.1.

10.1.1The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement 
and shall only grant such a petition if it is in the best interest of the public schools of the State of 
Delaware:

10.1.1.1The nature and circumstances of the individual's original misconduct;

10.1.1.2The individual's subsequent conduct and rehabilitation;

10.1.1.3The individual's present character; and

10.1.1.4The individual's present qualifications and competence to engage in the practice of 
instruction, administration or other related professional support services.

10.1.2A former license holder is entitled to a full and fair hearing before the Standards Board to 
challenge a denial of reinstatement pursuant to this subsection.

10.2A license revoked under Section 3.2 Mandatory Revocations or suspended under Section 6.0 of this 
regulation may not be reinstated under this subsection. 

10.2.1A license suspended under Section 6.0 may only be reinstated pursuant to that section.

10.2.2A license revoked under Section 3.2 Mandatory Revocation may only be reinstated under Section 
10.3.

10.3If a decision of license revocation, limitation or suspension is solely based on the conviction of a crime 
enumerated within this regulation, and if the plea or conviction is overturned and there is no 
subsequent proceeding leading to a plea or conviction, the individual whose license is revoked, limited 









or suspended may file a written request for reinstatement, including documentation of the final status 
of the judicial proceeding, and the license shall be reinstated.

10.3.1The Secretary may continue to pursue revocation under an alternative basis.

1[21].0 [License Limitations] Standards Board Hearings and Procedures

11.1If any of the causes listed in Sections 3, 4, 5, or 6 are determined, the Secretary or the 
Standards Board after a hearing, may put limitations on a license that may include but are not 
limited to:

11.1.1Restrictions on the ages of students with whom the license holder may work; or

11.1.2Additional supervision requirements; or

11.1.3Education, counseling or psychiatric examination requirements.]

1[21].1In any hearing before the Standards Board to challenge action taken under this regulation, the 
Standards Board shall have the power to administer oaths, order the taking of depositions, issue 
subpoenas and compel attendance of witnesses and the production of books, accounts, papers, 
records, documents and testimony.

1[21].2Unless otherwise provided for in this Section, the burden of proof in a license disciplinary action shall 
be on the agency taking official action to establish by preponderance of the evidence that the license 
holder has engaged in misconduct as defined by Sections 3, 4 and 5 or otherwise has failed to comply 
with the applicable laws and regulations relating to the retention of the license.

1[21].3Whenever the basis for an action described within this regulation is a guilty plea, a plea of nolo 
contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere 
or conviction certified by the Clerk of the Court entering the plea, nolo contendere or conviction shall 
be conclusive evidence thereof.

1[21].4After a hearing, the Standards Board may take any action and impose any limitation or suspension that 
could have been taken by the Secretary.

1[21].5Hearings shall be conducted in accordance with the Standard Board's Hearing Procedures and Rules.

1[32].0Resolution by Consent Agreement

The Secretary may enter into a written consent agreement with a person against whom action is being 
taken under this regulation.

1[43].0Certification

All Standard Certificates issued to the license holder shall also be revoked upon the revocation of the 
license.





DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)







Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)







DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)









20320 Ownership of Real Property by Institutionalized Individuals







DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)











REVISION







9008 Residency







DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)











9064.4 Anticipating Expenses







DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C. Ch. 60)

7 DE Admin. Code 1141



State of Delaware Regulations Governing the Control of Air Pollution: 1141 Limiting Emissions of Volatile 
Organic Compounds From Consumer and Commercial Products Section 2.0 (Consumer Products) and 
Section 4.0 (Adhesives & Sealants)







1.The Department has jurisdiction under its statutory authority to make a determination in this 
proceeding; 

2.The Department provided adequate public notice of the proceeding and the public hearing in a manner 
required by the law and regulations; 

3.The Department held a public hearing in a manner required by the law and regulations;

4.The Department has reviewed this proposed amendment in the light of the Regulatory Flexibility Act, 
and has determined it to be lawful, feasible and desirable, and that the revisions as proposed should 
be applied to all Delaware citizens and members of the regulated community equally in order to 
provide increased public health to Delaware’s citizens, as well as to provide greater consistency 
between current state air toxics standards and the recently promulgated federal standard on which this 
proposed amendment is based;

5.Promulgation of this proposed amendment would update Delaware’s requirements to be consistent 
with the federal requirements, and is one of several regional measures being adopted to aid in the 
attainment and maintenance of the eight-hour ozone NAAQS by 2010;

6.The Department anticipates that the revisions to Section 2.0 (Consumer Products) will result in 220 
tons per year VOC reduction in the State of Delaware, and that the addition of Section 4.0 (Adhesives 
& Sealants) will result in a reduction of approximately 365 tons per year VOC reduction as well;

7.The Department’s Response Document dated February 9, 2009, provides a thorough, accurate and 
balanced summary of the record, and is expressly incorporated herein for that purpose.

8.The Department has an adequate record for its decision, and no further public hearing is appropriate 
or necessary;

9.The Department’s proposed regulatory amendments to Delaware’s existing Regulation 1141, as 
published in the January 1, 2009 Delaware Register of Regulations and as revised and set forth within 
Attachment “B” hereto, is adequately supported, not arbitrary or capricious, and is consistent with the 
applicable laws and regulations. Consequently, it should be approved as a final regulation, which shall 
go into effect ten days after its publication in the next available issue of the Delaware Register of 
Regulations; and

10.The Department shall submit the proposed regulation as a final regulation to the Delaware Register of 
Regulations for publication in its next available issue, and shall provide written notice to the persons 
affected by the Order.









1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products



DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 24 Delaware Code, Section 3105(a)(1) (24 Del.C. 3105(a)(1))

24 DE Admin. Code 3100









3100 Board of Funeral Services
3100 Board of Funeral Services









DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION



DEPARTMENT OF EDUCATION

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
OFFICE OF WORKERS’ COMPENSATION



1341 Workers’ Compensation Regulations







DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT

 1351 Delaware Regulations Governing Underground Storage Tank Systems







DIVISION OF FISH AND WILDLIFE









DIVISION OF SOIL AND WATER CONSERVATION





DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

3700 BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID 
DISPENSERS







DIVISION OF PROFESSIONAL REGULATION

8800 Boxing, Sparring Matches and Exhibitions







PUBLIC SERVICE COMMISSION