DELAWARE REGISTER OF REGULATIONS
The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year.
The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.
The Register will also publish some or all of the following information:
•Governor’s Executive Orders
•Governor’s Appointments
•Agency Hearing and Meeting Notices
•Other documents considered to be in the public interest.
CITATION TO THE DELAWARE REGISTER
The Delaware Register of Regulations is cited by volume, issue, page number and date.  An example would be:
9 DE Reg. 1036-1040 (01/01/06)
Refers to Volume 9, pages 1036-1040 of the Delaware Register issued on January 1, 2006.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE REGULATORY PROCESS
Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings.
The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members.
The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119.
Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief.
No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken.
When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action.
Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations.
CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS
ISSUE DATECLOSING DATECLOSING TIME
  September 1August 15      4:30 p.m.
  October 1September 15      4:30 p.m.
  November 1October 15      4:30 p.m.
  December 1November 17      4:30 p.m.
  January 1December 15      4:30 p.m.
DIVISION OF RESEARCH STAFF
Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Steve Engebretsen, Assistant Registrar; Jeffrey W. Hague, Registrar of Regulations; Bob Lupo, Printer; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Georgia Roman, Unit Operations Support Specialist;   Victoria Schultes, Administrative Specialist II; Don Sellers, Printer; Alice W. Stark, Senior Legislative Attorney; Rochelle Yerkes, Administrative Specialist II.






DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY201 Delaware Manufactured Home Relocation Trust Fund Regulations.......................12 DE Reg.    59 (Final)

DELAWARE STATE FIRE PREVENTION COMMISSIONDelaware State Fire Prevention Regulations, Part IX, Fire Service Standards .............12 DE Reg.      6 (Prop.)

DEPARTMENT OF EDUCATION
Office of the Secretary410 Satellite School Agreements.............................................................................12 DE Reg.    61 (Final)
603 Compliance with the Gun Free Schools Act.....................................................12 DE Reg.      9 (Prop.)
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)
745 Criminal Background Check for Public School Related Employment...............12 DE Reg.    11 (Prop.)
746 Criminal Background Check for Student Teaching ..........................................12 DE Reg.    17 (Prop.)
915 James H. Groves High School .........................................................................12 DE Reg.    63 (Final) 
DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical AssistancePharmaceutical Services Program - Tamper-Resistant Prescription Pads..............12 DE Reg.    20 (Prop.)
Title XIX Medicaid State Plan - Third Party Data Exchange....................................12 DE Reg.    65 (Final)

Division of Social ServicesDSSM9044.1 Newly-Certified Households...........................................................12 DE Reg.    22 (Prop.)

DEPARTMENT OF INSURANCE606 Proof of Automobile Insurance................................................................................12 DE Reg.    23 (Prop.)

DEPARTMENT OF LABOR
Division of Industrial Affairs1341 Workers’ Compensation Regulations.............................................................12 DE Reg.    67 (Final)

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air and Waste ManagementAdministrative and Non-Substantive Changes in Regulations Governing the 
Control of Air Pollution, 7 DE Admin. Code Ch. 1100......................................12 DE Reg.    29 (Prop.)
1138 Emission Standards for Hazardous Air Pollutants for Source Categories,
Section 11..........................................................................................................12 DE Reg.    38 (Prop.)
Division of Fish and Wildlife
3901 Wildlife, Section 19.0 Bald Eagle Protection (Withdraw)................................12 DE Reg.    69 (Final)

DEPARTMENT OF STATE
Division of Professional Regulation300 Board of Architects...........................................................................................12 DE Reg.    70 (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)
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.)
2925 Real Estate Commission, Section 6.0, Program Criteria and Section 8.0,
Provider Responsibilities...................................................................................12 DE Reg.    74 (Final)
5300 Board of Massage and Bodywork, Sections 1.0, 2.0 and 7.0.........................12 DE Reg.    75 (Final)

DEPARTMENT OF TRANSPORTATION
Division of Motor Vehicles2221 Use of Translators..........................................................................................12 DE Reg.    77 (Final)

Division of Transportation SolutionsRevisions to the Delaware Manual on Uniform Traffic Control Devices, 
Parts 2, 3 and 6.................................................................................................12 DE Reg.    56 (Prop.)
Revisions to the Delaware Manual on Uniform Traffic Control Devices, 
Parts 1, 7, 8, and 9 ...........................................................................................12 DE Reg.    79 (Final)




DEPARTMENT OF AGRICULTUREHARNESS RACING COMMISSIONStatutory Authority:  3 Delaware Code, Section 1005 (3 Del.C. §10005)
3 DE Admin. Code 501

PUBLIC NOTICE
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rules 6 and 8. The Commission will hold a public hearing on the proposed rule changes on September 9, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on August 1, 2008.
The proposed changes are for the purpose of updating Rules 6 and 8 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml. A copy is also available for inspection at the Racing Commission office.
501 Harness Racing Rules and Regulations(Break in Continuity of Sections)
6.0Types of Races

6.1Types of Races Permitted
In presenting a program of racing, the racing secretary shall use exclusively the following types of races:
6.1.1Overnight events which include:
6.1.1.1Conditioned races;
6.1.1.2Claiming races;
6.1.1.3Preferred, invitational, handicap, open or free-for-all races;
6.1.2Added money events which include:
6.1.2.1Stakes;
6.1.2.2Futurities;
6.1.2.32Early closing events; and
6.1.2.43Late closing events
6.1.3Match races
6.1.4Qualifying Races (See Rule 7.0 -- "Rules of the Race")
6.1.5Delaware-owned or bred races as specified in 3 Del.C. §10032
6.2Overnight Events
6.2.1General Provisions
6.2.1.1For the purpose of this rule, overnight events shall include conditioned, claiming, preferred, invitational, handicap, open, free-for-all, or a combination thereof.
6.2.1.2Condition sheets must be available to participants at least 18 hours prior to closing declarations to any race program contained therein. 
6.2.1.3A fair and reasonable racing opportunity shall be afforded both trotters and pacers in reasonable proportion from those available and qualified to race.
6.2.1.4Substitute races may be provided for each race program and shall be so designated on condition sheets. A substitute race may be used when a regularly scheduled race fails to fill.
6.2.1.5Regularly scheduled races or substitute races may be divided where necessary to fill a program of racing, or may be divided and carried over to a subsequent racing program, subject to the following:
6.2.1.5.1No such divisions shall be used in the place of regularly scheduled races which fill.
6.2.1.5.2Where races are divided in order to fill a program, starters for each division must be determined by lot after preference has been applied, unless the conditions provide for divisions based upon age, performance, earnings or sex may be determined by the racing secretary.
6.2.1.5.3However, where necessary to fill a card, not more than three races per day may be divided into not more than three divisions after preference has been applied. The divisions may be selected by the racing secretary.  For all other overnight races that are divided, the division must be by lot unless the conditions provide for a division based on performance, earnings or sex.
6.2.2Conditions
6.2.2.1Conditions may be based only on:
6.2.2.1.1horses' money winnings in a specified number of previous races or during a specified previous time;
6.2.2.1.2horses' finishing positions in a specified number of previous races or during a specified period of time;
6.2.2.1.3age, provided that no horse that is 15 years of age or older shall be eligible to perform in any race except in a matinee race;
6.2.2.1.4sex;
6.2.2.1.5number of starts during a specified period of time;
6.2.2.1.6special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada;
6.2.2.1.7horse’s race condition in a specified number of previous races or during a specified period of time;
6.2.2.1.8claiming price in a horse’s last one to three previous races;
6.2.2.1.9Delaware-owned or bred races as specified in 3 Del.C. §10032; or
6.2.2.1.10any one or more combinations of the qualifications herein listed.
6.2.2.2Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall not supersede date preference as provided in the rules. Not more than three also eligible conditions shall be used in writing the conditions for overnight events.
6.2.2.3The Commission may, upon application from the racing secretary, approve conditions other than those listed above for special events.
6.2.2.4In the event there are conflicting published conditions and neither one nor the other is withdrawn by the Association, the one more favorable to the declarer shall govern.
6.2.2.5For the purpose of eligibility, a racing season or racing year shall be the calendar year. All races based on winnings will be programmed as Non-Winners of a multiple of $100 plus $1 or Winners over a multiple of $100.  Additional conditions may be added. When recording winnings, gross winnings shall be used and cents shall be disregarded. In the case of a bonus, the present value of the bonus shall be credited to the horse as earnings for the race or series of races for which it received the bonus.  It shall be the responsibility of the organization offering the bonus to report the present value of the bonus to the United States Trotting Association in a timely manner.
6.2.2.6Records, time bars shall not be used as a condition of eligibility.
6.2.2.7Horses must be eligible when declarations close subject to the provision that:
6.2.2.7.1Wins and winnings on or after the closing date of declarations shall not be considered;
6.2.2.7.2Age allowances and eligibility shall be  according to the age of the horse on the date the race is contested.
6.2.2.7.3In mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait at which it is stated in the declaration the horse will perform.
6.2.2.8When conditions refer to previous performances, those performances shall only include those in a purse race.  Each dash or heat shall be considered as a separate performance for the purpose of condition races.
6.2.2.9In overnight events, on a half mile racetrack there shall be no trailing horses.  On a bigger racetrack there shall be no more than one trailing horse. At least eight feet per horse must be provided the starters in the front tier.
6.2.2.10The racing secretary may reject the declaration to an overnight event of any horse whose past performance indicates that it would be below the competitive level of other horses declared to that particular event.
6.3Claiming Races
6.3.1General Provisions
6.3.1.1Claiming Procedure and Determination of Claiming Price. The trainer or authorized agent entering a horse in a claiming race warrants that he has authorization from the registered owner(s) to enter said horse in a claiming race for the designated amount.  In the event of a claim, the owner(s) or authorized agent shall submit a signed registration to the Presiding Judge prior to receiving proceeds from the claim and the registration shall be immediately forwarded to the U.S.T.A. registrar for transfer.
6.3.1.2Except for the lowest claiming price offered at each meeting, conditions and allowances in claiming races may be based only on age and sex. Whenever possible, claiming races shall be written to separate horses five years old and up from young horses and to separate males from females. Mares shall be given a price allowance; provided, however, that there shall be no price allowance given to a spayed mare racing in a claiming race.
6.3.1.3Registration certificate in current ownership, together with the application for transfer thereon duly endorsed by all registered owners, must be filed in the office of the racing secretary for all horses claimed within a reasonable time after the race from which the horse was claimed.
6.3.1.4The price allowances that govern for claiming races must be approved by the Commission. Claiming prices recorded on past performance lines in the daily race program and on eligibility certificates shall not include allowances.
6.3.1.5The claiming price, including any allowances, of each horse shall be printed on the official program adjacent to the horse's program number and claims shall be for the amount designated, subject to correction if printed in error.
6.3.1.6In handicap claiming races, in the event of an also eligible horse moving into the race, the also eligible horse shall take the place of the horse that it replaces provided that the handicap is the same.  In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap, except when the horse that is scratched is a trailing horse, in which case the also eligible horse shall take the trailing position, regardless of its handicap. In handicap claiming races with one trailer, the trailer shall be determined as the fourth best post position.
6.3.1.7To be eligible to be claimed a horse must start in the event in which it has been declared to race, except as provided in 6.3.1.8 of this subsection.
6.3.1.8The successful claimant of a horse programmed to start may, at his option, acquire ownership of a claimed horse, even though such claimed horse was scratched and did not start in the claiming race from which it was scratched.  The successful claimant must exercise his option by noon of the next day following the claiming race to which the horse was programmed and scratched. Upon notification that the successful claimant has exercised his option, the owner shall present the horse for inspection, and the claim shall not be final until the successful claimant has had the opportunity to inspect the horse.  No horse may be claimed from a claiming race unless the race is contested. 
6.3.1.9Any licensed owner or the authorized agent of such person who holds a current valid Commission license may claim any horse or any person who has properly applied for and been granted a claiming certificate shall be permitted to claim any horse. Any person or authorized agent eligible to claim a horse may be allowed access to the grounds of the Association, excluding the paddock, in order to effect a claim at the designated place of making claims and to take possession of the horse claimed.
6.3.1.10Claiming certificates are valid for a 30 day period from the date of issuance. These certificates may be applied for at the office designated by the Association prior to post time on any day of racing.
6.3.1.11There shall be no change of ownership or trainer once a horse is programmed.
6.3.2Prohibitions on Claims
6.3.2.1A person shall not claim directly or indirectly his own horse or a horse trained or driven by him or cause such horse to be claimed directly or indirectly for his own account.
6.3.2.2A person shall not directly or indirectly offer, or directly or indirectly enter into an agreement, to claim or not to claim or directly or indirectly attempt to prevent another person from claiming any horse in a claiming race.
6.3.2.3A person shall not have more than one claim on any one horse in any claiming race.
6.3.2.4A person shall not directly or indirectly conspire to protect a horse from being claimed by arranging another person to lodge claims, a procedure known as protection claims.
6.3.2.5No qualified owner or his agent shall claim a horse for another person.
6.3.2.6No person shall enter in a claiming race a horse against which there is a mortgage, bill or sale, or lien of any kind, unless the written consent of the holder thereof shall be filed with the Clerk of the Course of the association conducting such claiming race.
6.3.2.7Any mare which has been bred shall not be declared into a claiming race for at least 30 days following the last breeding of the mare, and thereafter such a mare may only be declared into a claiming race after a veterinarian has pronounced the mare not to be in foal. Any mare pronounced in foal shall not be declared into a claiming race.  Where a mare is claimed out of a claiming race and subsequently proves to be in foal from a breeding which occurred prior to the race from which she was claimed, the claim may be voided by the judges at the option of the successful claimant provided the mare is subjected to a pregnancy examination within 18 days of the date of the claim, and is found pregnant as a result of that pregnancy examination. A successful claimant seeking to void the claim must file a petition to void said claim with the judges within 10 days after this pregnancy examination and shall thereafter be heard by the judges after due notice of the hearing to the parties concerned.
6.3.2.8No one shall claim more than one horse in a race either alone, in a partnership, corporation or other legal entity.
6.3.2.9If a horse is claimed, no right, title or interest therein shall be sold or transferred except in a claiming race for a period of thirty (30) days following the date of the claiming.
6.3.3Claiming Procedure
6.3.3.1A person desiring to claim a horse must have the required amount of money, on deposit with the Association at the time the completed claim form is deposited.  The deposit shall be in cash or may be in a certified check at the discretion of the Association. The Association may require that a certified check clear the bank upon which it was drawn and funds transferred to the Association’s account prior to the credit being “established.”
6.3.3.2The claimant shall provide all information required on the claim form provided by the Association Commission, including any and all testing requests.
6.3.3.3The claim form shall be completed and signed by the claimant prior to placing it in an envelope provided for this purpose by the Association and approved by the Commission. The claimant shall seal the envelope and identify on the outside the date, time of day, race number and track name only.
6.3.3.4The envelope shall be delivered to the designated area, or licensed delegate, at least fifteen (15) thirty (30) minutes before post time of the race from which the claim is being made. That person shall certify on the outside of the envelope the time it was received, the current license status of the claimant and whether credit in the required amount has been established.
6.3.3.5It shall be the responsibility of the Association to ensure that all such claim envelopes are delivered unopened or otherwise undisturbed to the judges prior to the race from which the claim is being made. The Association shall provide for an agent who shall, immediately after closing, deliver the claim to the judges' stand.
6.3.3.6The claim shall be opened and the claims, if any, examined by the judges prior to the start of the race. The Association's auditor, or his agent, shall be prepared to state whether the claimant has on deposit, the amount equivalent to the specified claiming price and any other required fees and taxes.
6.3.3.7The judges shall disallow any claim made on a form or in a manner which fails to comply with all requirements of this rule.
6.3.3.8Documentation supporting all claims for horses, whether successful or unsuccessful, shall include details of the method of payment either by way of a photostatic copy of the check presented, or written detailed information to include the name of the claimant, the bank, branch, account number and drawer of any checks or details of any other method of payment. This documentation is to be kept on file at race tracks for three (3) years and is to be produced to the Commission for inspection at any time during the period.
6.3.3.9When a claim has been lodged it is irrevocable, unless otherwise provided for in these rules.
6.3.3.10In the event more than one claim is submitted for the same horse, the successful claimant shall be determined by lot by the judges, and all unsuccessful claims involved in the decision by lot shall, at that time, become null and void, notwithstanding any future disposition of such claim.
6.3.3.11Upon determining that a claim is valid, the judges shall notify the paddock judge of the name of the horse claimed, the name of the claimant and the name of the person to whom the horse is to be delivered. Also, the judges shall cause a public announcement to be made.
6.3.3.12Every horse entered in a claiming race shall race for the account of the owner who declared it in the event, but title to a claimed horse shall be vested in the successful claimant from the time the horse is deemed to have started, and the successful claimant shall become the owner of the horse, whether it be alive or dead, or sound or unsound, or injured during or after the race. If a horse is claimed out of a heat or dash of an event having multiple heats or dashes, the judges shall scratch the horse from any subsequent heat or dash of the event.
6.3.3.13A post-race test may be taken from any horse claimed out of a claiming race. The trainer of the horse at the time of entry for the race from which the horse was claimed shall be responsible for the claimed horse until the post-race sample is collected.  The successful claimant shall have the right to void the claim should the forensic analysis be positive for any prohibited substance or an illegal level of a permitted medication, or if a blood sample exhibits a positive response to Darbepoietin (DPO), the Erythropietin (EPO) in itself, or through an antibody test. The claimed horse  may be entered to race while results are pending, but not be permitted to race until the approved laboratory chemist notifies the DHRC on his findings in the samples taken from the horse.
6.3.3.14Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended, together with the horse, until delivery is made.  The horse’s halter must accompany the horse. Altering or removing the horse’s shoes will be considered a violation of these rules.
6.3.3.15No horse claimed out of a claiming race shall be eligible to start in any race in the name or interest of the prior owner for 30 days, nor shall such horse remain in the same stable or under the care or management of the prior owner or trainer, or anyone connected therewith unless reclaimed out of another claiming race. Further, such claimed horse shall only be eligible to enter in races in the state of Delaware for a period of 60 days following the date of the claim, unless released in writing by an authorized representative of the Association.
6.3.3.16The claiming price shall be paid to the owner of the horse at the time entry for the race from which the horse was claimed only when the judges are satisfied that the successful claim is valid and the registration has been received by the racing secretary for transfer to the new owner and the Presiding Judge has signed a release notice of horse claimed and application for transfer form.
6.3.3.17The judges shall rule a claim invalid:
6.3.3.17.1at the option of the claimant if the official racing chemist reports a positive test on a horse that was claimed, provided such option is exercised within 24 hours following notification to the claimant of the positive test by the judges;
6.3.3.17.2if the horse has been found ineligible to the event from which it was claimed, regardless of the position of the claimant.
6.3.3.18Mares and fillies who are in foal are ineligible to claiming races. Upon receipt of the horse, if a claimant determines within 48 hours that a claimed filly or mare is in foal, he may, at their option, return the horse to the owner of the horse at the time of entry for the race from which the horse was claimed.
6.3.3.19When the judges rule that a claim is invalid and the horse is returned to the owner of the horse at the time of entry for the race in which the invalid claim was made:
6.3.3.19.1the amount of the claiming price and any other required fees and/or taxes shall be repaid to the claimant;
6.3.3.19.2any purse monies earned subsequent to the date of the claim and before the date on which the claim is ruled invalid shall be the property of the claimant; and
6.3.3.19.3the claimant shall be responsible for any reasonable costs incurred through the care, training or racing of the horse while it was in his possession.
6.4Added Money Events
6.4.1General Provisions
6.4.1.1For the purpose of this rule, added money events include stakes, futurities, early closing events and late closing events.
6.4.1.2All sponsors and presenters of added money events must comply with the rules and must submit to the Commission the conditions and other information pertaining to such events.
6.4.1.3Any conditions contrary to the provisions of any of these rules are prohibited.
6.4.2Conditions
Conditions for added money events must specify:
6.4.2.1which horses are eligible to be nominated;
6.4.2.2the amount to be added to the purse by the sponsor or presenter, should the amount be known at the time;
6.4.2.3the dates and amounts of nomination, sustaining and starting payments;
6.4.2.4whether the event will be raced in divisions or conducted in elimination heats, and;
6.4.2.5the distribution of the purse, in percent, to the money winners in each heat or dash, and the distribution should the number of starters be less than the number of premiums advertised; and
6.4.2.6whether also eligible horses may be carded prior to the running heats or legs of added money events.
6.4.3Requirements of Sponsors/Presenters
6.4.3.1Sponsors or presenters of stakes, futurities or early closing events shall provide a list of nominations to each nominator or owner and to the Associations concerned within sixty (60) days after the date on which nominations close, other than for nominations payable prior to January 1st of a horse's two-year-old year.
6.4.3.2In the case of nominations for futurities payable during the foaling year, such lists must be forwarded out prior to October 15th of that year and, in the case of nominations payable in the yearling year, such lists must be forwarded out not later than September 1 of that year.
6.4.3.32Sponsors or presenters of stakes, futurities or early closing events shall also provide a list of horses remaining eligible to each owner of an eligible within 45 days after the date on which sustaining payments are payable. All lists shall include a resume of the current financial status of the event.
6.4.3.43The Commission may require the sponsor or presenter to file with the Commission a surety bond in the amount of the fund to ensure faithful performance of the conditions, including a guarantee that the event will be raced as advertised and all funds will be segregated and all premiums paid. Commission consent must be obtained to transfer or change the date of the event, or to alter the conditions. In any instance where a sponsor or presenter furnishes the Commission with substantial evidence of financial responsibility satisfactory to the Commission, such evidence may be accepted in lieu of a surety bond.
6.4.4Nominations, Fees and Purses
6.4.4.1All nominations to added money events must be made in accordance with the conditions.
6.4.4.2Dates for added money event nominations payments are:
6.4.4.2.1Stakes: The date for closing of nominations on yearlings shall be May 15th. The date foreclosing of nominations to all other stakes shall fall on the fifteenth day of a month.
6.4.4.2.2Futurity: The date for closing of nominations shall be July 15th of the year of foaling.
6.4.4.2.32Early Closing Events: The date for closing of nominations shall fall on the first or fifteenth day of a month. Nominations on two-year-olds shall not be taken prior to February 15th.
6.4.4.2.43Late Closing Events: The date for closing of nominations shall be at the discretion of the sponsor or presenter.
6.4.4.3Dates for added money event sustaining payments are:
6.4.4.3.1Stakes and Futurities: Sustaining payments shall fall on the fifteenth day of a month. No stake or futurity sustaining fee shall become due prior to (Month) 15th of the year in which the horses nominated become two years of age.
6.4.4.3.2Early and Late Closing Events: Sustaining payments shall fall on the first or fifteenth day of a month.
6.4.4.4The starting fee shall become due when a horse is properly declared to start and shall be payable in accordance with the conditions of the added money event. Once a horse has been properly declared to start, the starting fee shall be forfeited, whether or not the horse starts. Should payment not be made thirty (30) minutes before the post time of the event, the horse may be scratched and the payment shall become a liability of the owner who shall, together with the horse or horses, be suspended until payment is made in full, providing the Association notifies the Commission within thirty (30) days after the starting date.
6.4.4.5Failure to make any payment required by the conditions constitutes an automatic withdrawal from the event.
6.4.4.6Conditions that will eliminate horses nominated to an event, or add horses that have not been nominated to an event by reason of performance of such horses at an earlier meeting, are invalid. Early and late closing events shall have not more than two also eligible conditions.
6.4.4.7The date and place where early and late closing events will be raced must be announced before nominations are taken. The date and place where stakes and futurities will be raced must be announced as soon as determined but, in any event, such announcement must be made no later than March 30th of the year in which the event is to be raced.
6.4.4.8Deductions may not be made from nomination, sustaining and starting payments or from the advertised purse for clerical or any other expenses.
6.4.4.9Every nomination shall constitute an agreement by the person making the nomination and the horse shall be subject to these rules. All disputes and questions arising out of such nomination shall be submitted to the Commission, whose decision shall be final.
6.4.4.10Nominations and sustaining payments must be received by the sponsor or presenter not later than the hour of closing, except those made by mail must bear a postmark placed thereon not later than the hour of closing. In the event the hour of closing falls on a Saturday, Sunday or legal holiday, the hour of closing shall be extended to the same hour of the next business day. The hour of closing shall be midnight of the due date.
6.4.4.11If conditions require a minimum number of nominations and the event does not fill, the Commission and each nominator shall be notified within twenty (20) days of the closing of nominations and a refund of nomination fees shall accompany such notice to nominators.
6.4.4.12If conditions for early or late closing events allow transfer for change of gait, such transfer shall be to the lowest class the horse is eligible to at the adopted gait, eligibility to be determined at the time of closing nominations. The race to which the transfer may be made must be the one nearest the date of the event originally nominated to. Two-year-olds, three-year-olds, or four-year-olds, nominated in classes for their age, may only transfer to classes for the same age group at the adopted gait to the race nearest the date of the event they were originally nominated to, and entry fees to be adjusted.
6.4.4.13A nominator is required to guarantee the identity and eligibility of nominations, and if this information is given incorrectly he or she may be fined, suspended, or expelled and the horse declared ineligible. If any purse money was obtained by an ineligible horse, the monies shall be forfeited and redistributed among those justly entitled to the same.
6.4.4.14Early or late closing events must be contested if six or more betting interests are declared to start. If less horses are declared to start than required, the race may be declared off, in which case the total of nominations, sustaining and starting payments received shall be divided equally to the horses declared to start. Such distribution shall not be credited as purse winnings.
6.4.4.15Stakes or futurities must be contested if one or more horses are declared to start. In the event only one horse, or only horses in the same interest start, it constitutes a walk-over. In the event no declarations are made, the total of nomination and sustaining payments shall be divided equally to the horses remaining eligible after payment to the last sustaining payment, but such distribution shall not be credited as purse winnings.
6.4.4.16Associations shall provide stable space for each horse  on the day of the race.
6.4.4.17The maximum size of fields permitted in any added money event shall be no more than one trailer unless otherwise approved by the Commission.
6.4.4.18An Association may elect to go with less than the number of trailers specified in subdivision 17 above.
6.4.4.19In the event more horses are declared to start than allowed in one field, the race will be conducted in divisions or eliminations, as specified in the conditions.
6.4.4.20In early closing races, late closing races and overnight races requiring entry fees, all monies paid in by the nominators in excess of 85 percent of the advertised purse shall be added to the advertised purse and the total shall then be considered to be the minimum purse. If the race is split and raced in divisions, the provisions of subdivision 21 below shall apply. Provided further that where overnight races are split and raced in eliminations rather than divisions, all starting fees payable under the provisions of this rule shall be added to the advertised purse.
6.4.4.21Where a race other than a stake or futurity is divided, each division must race for at least 75 percent of the advertised purse.
6.4.4.22The number of horses allowed to qualify for the final heat of an event conducted in elimination heats shall not exceed the maximum number permitted to start in accordance with the rules. In any elimination dash where there are horses unable to finish due to an accident and there are fewer horses finishing than would normally qualify for the final, the additional horses qualifying for the final shall be drawn by lot from among those unoffending horses not finishing.
6.4.4.23The judges' decisions in arriving at the official order of finish of elimination heats on the same program shall be final and irrevocable and not subject to appeal or protest.
6.4.4.24Unless the conditions for the added money event provide otherwise the judges shall draw by lot the post positions for the final heat in elimination events, i.e. they shall draw positions to determine which of the two elimination heat winners shall have the pole, and which the second position; which of the two horses that were second shall start in the third position, and which in the fourth, etc.
6.4.4.25In a two-in-three race, a horse must win two heats to win a race and there shall be 10 percent set aside for the race winner. Unless conditions state otherwise, the purse shall be divided and awarded according to the finish in each of the first two or three heats, as the case may be. If the number of advertised premiums exceeds the number of finishers, the excess premiums shall go to the winner of the heat. The fourth heat, when required, shall be raced for 10 percent of the purse set aside for the race winner. In the event there are three separate heat or dash winners and they alone come back in order to determine the race winner, they will take post positions according to the order of their finish in the previous heat.  In a two-year-old race, if there are two heat winners and they have made a dead heat in the third heat, the race shall be declared finished and the one standing best in the summary shall be awarded the 10 percent. If the two heat winners make a dead heat and stand the same in the summary, the 10 percent shall be divided equally among them.
6.5Cancellation of a Race
In case of cancellation of races, see Rule 7.3 --"Postponement and Cancellation."
6.6Delaware Owned or Bred Races
6.6.1Persons licensed to conduct harness horse racing meets under title 3, chapter 100, may offer non-stakes races limited to horses wholly owned by Delaware residents or sired by Delaware stallions.
6.6.2For purposes of this rule, a Delaware bred horse shall be defined as one sired by a Delaware stallion who stood in Delaware during the entire breeding season in which he covered a book of mares or a horse whose dam was a wholly-owned Delaware brood mare at the time of breeding as shown on the horse's United State Trotting Association registration or electronic eligibility papers. The breeding season means that period of time beginning February 1 and ending August 1 of each year.
6.6.3All horses to be entered in Delaware owned or bred races must first be registered and approved by the Commission or its designee. The Commission may establish a date upon which a horse must be wholly-owned by a Delaware resident(s) to be eligible to be nominated, entered, or raced as Delaware-owned. In the case of a corporation seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners, officers, shareholders, and directors must meet the requirements for a Delaware resident specified below.  In the case of an Association or other entity seeking to enter a horse in a Delaware owned or bred event as a Delaware-owned entry, all owners must meet the requirements for a Delaware resident specified below. Leased horses are ineligible as Delaware owned entries unless both the lessor and the lessee are Delaware residents as set forth in this Rule and 3 Del.C. §10032.
6.6.4The following actions shall be prohibited for Delaware-owned races and such horses shall be deemed ineligible to be nominated, entered, or raced as Delaware-owned horses:
6.6.4.1Payment of the purchase price over time beyond the date of registration;
6.6.4.2Payment of the purchase price through earnings beyond the date of registration;
6.6.4.3Payment of the purchase price with a loan, other than from a commercial lender regulated in Delaware and balance due beyond the date of registration;
6.6.4.4Any management fees, agent fees, consulting fees, or any other form of compensation to non-residents of Delaware, except industry standard training and driving fees; or
6.6.4.5Leasing a horse to a non-resident of Delaware.
6.6.5The Commission or its designee shall determine all questions about a person's eligibility to participate in Delaware-owned races. In determining whether a person is a Delaware Resident, the term "resident" shall mean the place where an individual has his or her permanent home, at which that person remains when not called elsewhere for labor or other special or temporary purposes, and to which that person returns in seasons of repose. The term "residence" shall mean a place a person voluntarily fixed as a permanent habitation with an intent to remain in such place for the indefinite future.
6.6.6The Commission or its designee may review and subpoena any information which is deemed relevant to determine a person's residence, including but not limited to, the following:
6.6.6.1Where the person lives and has been living;
6.6.6.2The location of the person's sources of income;
6.6.6.3The address used by the person for payment of taxes, including federal, state and property taxes;
6.6.6.4The state in which the person's personal automobiles are registered;
6.6.6.5The state issuing the person's driver's license;
6.6.6.6The state in which the person is registered to vote;
6.6.6.7Ownership of property in Delaware or outside of Delaware;
6.6.6.8The residence used for U.S.T.A. membership and U.S.T.A. registration of a horse, whichever is applicable;
6.6.6.9The residence claimed by a person on a loan application or other similar document;
6.6.6.10Membership in civic, community, and other organizations in Delaware and elsewhere.
6.6.6.11None of these factors when considered alone shall be dispositive, except that a person must have resided in the State of Delaware in the preceding calendar year for a minimum of one hundred and eighty three (183) days. Consideration of all of these factors together, as well as a person's expressed intention, shall be considered in arriving at a determination. The burden shall be on the applicant to prove Delaware residency and eligibility for Delaware-owned or bred races. The Commission may promulgate by regulation any other relevant requirements necessary to ensure that the licensee is a Delaware resident.  In the event of disputes about a person's eligibility to enter a Delaware-owned or bred race, the Commission shall resolve all disputes and that decision shall be final.
6.6.7Each owner and trainer, or the authorized agent of an owner or trainer, or the nominator (collectively, the "entrant"), is required to disclose the true and entire ownership of each horse with the Commission or its designee, and to disclose any changes in the owners of the registered horse to the Commission or its designee. All licensees and racing officials shall immediately report any questions concerning the ownership status of a horse to the Commission racing officials, and the Commission racing officials may place such a horse on the steward's or judge's list.  A horse placed on the steward's or judge's list shall be ineligible to start in a race until questions concerning the ownership status of the horse are answered to the satisfaction of the Commission or the Commission's designee, and the horse is removed from the steward or judge's list.
6.6.8If the Commission, or the Commission's designee, finds a lack of sufficient evidence of ownership status, residency, or other information required for eligibility, prior to a race, the Commission or the Commission's designee, may order the entrant's horse scratched from the race or ineligible to participate.
6.6.9After a race, the Commission or the Commission's designee, may upon reasonable suspicion, withhold purse money pending an inquiry into ownership status, residency, or other information required to determine eligibility. If the purse money is ultimately forfeited because of a ruling by the Commission or the Commission's designee, the purse money shall be redistributed per order of the Commission or the Commission's designee.
6.6.10If purse money has been paid prior to reasonable suspicion, the Commission or the Commission's designee may conduct an inquiry and make a determination as to eligibility. If the Commission or the Commission's designee determines there has been a violation of ownership status, residency, or other information required for eligibility, it shall order the purse money returned and redistributed per order of the Commission or the Commission's designee.
6.6.11Anyone who willfully provides incorrect or untruthful information to the Commission or its designee pertaining to the ownership of a Delaware-owned or bred horse, or who attempts to enter a horse restricted to Delaware-owned entry who is determined not to be a Delaware resident, or who commits any other fraudulent act in connection with the entry or registration of a Delaware-owned or bred horse, in addition to other penalties imposed by law, shall be subject to mandatory revocation of licensing privileges in the State of Delaware for a period to be determined by the Commission in its discretion except that absent extraordinary circumstances, the Commission shall impose a minimum revocation period of two years and a minimum fine of $5,000 from the date of the violation of these rules or the decision of the Commission, whichever occurs later.
6.6.12Any person whose license is suspended or revoked under subsection (k) of this rule shall be required to apply for reinstatement of licensure and the burden shall be on the applicant to demonstrate that his or he licensure will not reflect adversely on the honesty and integrity of harness racing or interfere with the orderly conduct of a race meeting.  Any person whose license is reinstated under this subsection shall be subject to a two year probationary period, and may no participate in any Delaware-owned or bred race during this probationary period. Any further violations of this section by the licensee during the period of probationary licensure shall, absent extraordinary circumstances, result in the Commission imposing revocation of all licensure privileges for a five year period along with any other penalty the Commission deems reasonable and just.
6.6.13Any suspension imposed by the Commission under this rule shall not be subject to the stay provisions in 29 Del.C. §10144.1 DE Reg. 503 (1/1/97)
2 DE Reg.1241 (1/1/99)
2 DE Reg. 1765 (4/1/99)
3 DE Reg. 432 (9/1/99)
3 DE Reg 1520 (5/1/00)
4 DE Reg. 1123 (1/1/01)
4 DE Reg 1652 (4/1/01)
5 DE Reg. 1691 (3/1/02)
6 DE Reg. 862 (1/1/03)
7 DE Reg. 1512 (5/1/04)
11 DE Reg. 308 (09/01/07)
11 DE Reg. 1050 (02/01/08)

(Break in Continuity of Sections)
8.0Veterinary Practices, Equine Health Medication

(Break in Continuity within section)
8.4Testing
8.4.1Reporting to the Test Barn
8.4.1.1Horses shall be selected for pre- and/or post-racing testing according to the following protocol:
8.4.1.1.1At least one horse in each race, selected by the judges from among the horses finishing in the first four positions in each race, shall be tested. 
8.4.1.1.2Horses selected for testing shall be taken to the testing area to have a blood, urine and/or other specimen sample taken at the direction of the State veterinarian.
8.4.1.2Random or for cause testing may be required by the  Commission, at any time on any horse that has been entered to race at a Commission licensed Association.
8.4.1.3Unless otherwise directed by the Board of Judges or the Chief DHRC Veterinarian, a horse that is selected for testing must be taken directly to the Test Barn or testing area.
8.4.1.4Trainers shall fully comply with the instructions of the Commission, which may include, but not be limited to the following:  Trainers shall present their horse(s) for testing at the specified time and place mandated by the Commission. Testing procedures may be performed on the grounds of any Commission licensed Association, at the trainer’s training facility, or any other location under Commission jurisdiction.  Failure to comply shall result in the horse(s) being scratched, and shall be considered a violation equivalent to a Class 1 positive.
8.4.2Sample Collection
8.4.2.1Sample collection shall be done in accordance with the RCI Drug Testing and Quality Assurance Program External Chain of Custody Guidelines, or other guidelines and instructions provided by the Commission Veterinarian.
8.4.2.2The Commission veterinarian shall determine a minimum sample requirement for the primary testing laboratory. A primary testing laboratory must be approved by the Commission.
8.4.3Procedure for Taking Specimens
8.4.3.1Horses from which specimens are to be drawn shall be taken to the detention area at the prescribed time and remain there until released by the Commission Veterinarian. Only the owner, trainer or groom of horses to be tested shall be admitted to the detention area without permission of the Commission Veterinarian.
8.4.3.2Stable equipment other than equipment necessary for washing and cooling out a horse shall be prohibited in the detention area.
8.4.3.2.1Buckets and water shall be furnished by the Commission Veterinarian.
8.4.3.2.2If a body brace is to be used, it shall be supplied by the responsible trainer and administered only with the permission and in the presence of the Commission Veterinarian.
8.4.3.2.3A licensed veterinarian shall attend a horse in the detention area only in the presence of the Commission Veterinarian.
8.4.3.3One of the following persons shall be present and witness the taking of the specimen from a horse and so signify in writing:
8.4.3.3.1The owner;
8.4.3.3.2The responsible trainer who, in the case of a claimed horse, shall be the person in whose name the horse raced; or
8.4.3.3.3A stable representative designated by such owner or trainer.
8.4.3.4Sample Containers/Receptacles.
8.4.3.4.1All urine containers shall be supplied by the Commission laboratory and shall be sealed with the laboratory security seal which shall not be broken, except in the presence of the witness as provided by (subsection (3)) subsection 8.4.3.3 of this section.
8.4.3.4.2Blood  sample receptacles will also be supplied by the Commission laboratory in sealed packages as received from the manufacturer.
8.4.3.5Samples taken from a horse, by the Commission Veterinarian or his assistant at the detention barn, shall be collected and in double containers and designated as the “primary” and “secondary” samples.
8.4.3.5.1These samples shall be sealed with tamper-proof tape and bear a portion of the multiple part “identification tag” that has identical printed numbers only.  The other portion of the tag bearing the same printed identification number shall be detached in the presence of the witness.
8.4.3.5.2The Commission Veterinarian shall:
8.4.3.5.2.1Identify the horse from which the specimen was taken.
8.4.3.5.2.2Document the race and day, verified by the witness; and
8.4.3.5.2.3Place the detached portions of the identification tags in a sealed envelope for delivery only to the stewards.
8.4.3.5.3After both portions of samples have been identified in accordance with this section, the “primary” sample shall be delivered to the official chemist designated by the Commission.
8.4.3.5.4The  “secondary”  sample shall remain in the custody of the Commission Veterinarian at the detention area and urine samples shall be frozen and blood samples refrigerated in a locked refrigerator/freezer.
8.4.3.5.5The Commission Veterinarian shall take every precaution to ensure that neither the Commission chemist nor any member of the laboratory staff shall know the identity of the horse from which a specimen was taken prior to the completion of all testing.
8.4.3.5.6When the Commission chemist has reported that the “primary” sample delivered contains no prohibited drug, the “secondary” sample shall be properly disposed.
8.4.3.5.7If after a horse remains a reasonable time in the detention area and a specimen can not be taken from the horse, the Commission Veterinarian may permit the horse to be returned to its barn and usual surroundings for the taking of a specimen under the supervision of the Commission Veterinarian.
8.4.3.5.87If one hundred (100) milliliters (ml.) or less of urine is obtained, it will not be split, but will be considered the “primary”  sample and will be tested as other “primary” samples.
8.4.3.5.98Two (2) blood samples shall be collected in sample receptacles approved by the Commission, one for the “primary” and one for the “secondary” sample.
8.4.3.5.109In the event of an initial finding of a prohibited substance or in violation of these Rules and Regulations, the Commission chemist shall notify the Commission, both orally and in writing, and an oral or written notice shall be issued by the Commission to the owner and trainer or other responsible person no more than twenty-four (24) hours after the receipt of the initial finding, unless extenuating circumstances require a longer period, in which case the Commission shall provide notice as soon as possible in order to allow for testing of the “secondary” sample; provided, however, that with respect to a finding of a prohibited level of total carbon dioxide in a blood sample, there shall be no right to testing of the “secondary sample” unless such finding initially is made at the racetrack on the same day that the tested horse raced, and in every such circumstance a “secondary sample” shall be transported to the Commission laboratory on an anonymous basis for confirmatory testing.
8.4.3.5.109.1If  testing of the “secondary”  sample is desired, the owner, trainer, or other responsible person shall so notify the Commission in writing within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the Commission chemist. The reasonable period is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance.
8.4.3.5.109.2Testing of the “secondary” samples shall be performed at a referee laboratory selected by representatives of the owner, trainer, or other responsible person from a list of not less than two (2) laboratories approved by the Commission.
8.4.3.5.1110The Commission shall bear the responsibility of preparing and shipping the sample, and the cost of preparation, shipping, and testing at the referee laboratory shall be assumed by the person requesting the testing, whether it be the owner, trainer, or other person charged.
8.4.3.5.1110.1A Commission representative and the owner, trainer, or other responsible person or a representative of the persons notified under these Rules and Regulations may be present at the time of the opening, repackaging, and testing of the “secondary” sample to ensure its identity and that the testing is satisfactorily performed.
8.4.3.5.1110.2The referee laboratory shall be informed of the initial findings of the Commission chemist prior to making the test.
8.4.3.5.1110.3If the finding of the referee laboratory is proven to be of sufficient reliability and does not confirm the finding of the initial test performed by the Commission chemist and in the absence of other independent proof of the administration of a prohibited drug of the horse in question, it shall be concluded that there is insubstantial evidence upon which to charge anyone with a violation.
8.4.3.5.1211The Commission Veterinarian shall be responsible for safeguarding all specimens while in his possession and shall cause the specimens to be delivered only to the Commission chemist as soon as possible after sealing, in a manner so as not to reveal the identity of a horse from which the sample was taken.
8.4.3.5.1312If an Act of God, power failure, accident, strike or other action beyond the control of the Commission occurs, the results of the primary official test shall be accepted as prima facie evidence.
(Break in Continuity within section)
*Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Harness Racing Commission is available at:
http://regulations.delaware.gov/AdminCode/title3/500/501/index.shtml#TopOfPage


DEPARTMENT OF EDUCATIONOFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Sections 122(b) and 154(e)
(14 Del.C. §122(b) and §154(e))
14 DE Admin. Code 255

Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)
255 Definitions of Public School, Private School and Nonpublic SchoolA.Type of Regulatory Action Required
Reauthorization of Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to reauthorize 14 DE Admin. Code 255 Definitions of Public School, Private School and Nonpublic School with no changes.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The reauthorized regulation provides definitions and does not directly address student achievement issues.
2.Will the amended regulation help ensure that all students receive an equitable education? The reauthorized regulation provides definitions and does not directly address equitable education issues.
3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The reauthorized regulation provides definitions and does not directly address health and safety issues.
4.Will the amended regulation help to ensure that all students' legal rights are respected? The reauthorized regulation provides definitions and does not directly address students' legal rights.
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The reauthorized regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The reauthorized regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The reauthorized regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? The is not a less burdensome method for addressing the purpose of this regulation and is intended to reflect state statute.
10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State and to the local school boards.
255 Definitions of Public School, Private School and Nonpublic School
1.0Public School

2.0Private School
4 DE Reg. 1251 (2/1/01)

3.0Nonpublic School
7 DE Reg. 618 (11/1/03)
OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Sections 122(b) (14 Del.C. §122(b))
14 DE Admin. Code 506



506 Policies for Dual Enrollment and Awarding Dual CreditA.Type of Regulatory Action Required
New Regulation
Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to promulgate a new regulation 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit. The purpose of this regulation is to ensure all reorganized local school districts, including vocational technical school districts have policies regarding dual enrollment and the awarding of dual credit to promote consistency and equity across the state. The Secretary and State Board of Education are in agreement with the purpose statement articulated by Jobs for the Future when they state in their 2008 report “On Ramp to College” that “dual enrollment and the awarding of dual credit is to serve as a bridge to college for students not already college bound and as a head start on college for those already committed to a postsecondary credential.”
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the new regulation help improve student achievement as measured against state achievement standards? The new regulation is intended to broaden and add rigor to curricula options available to high school students to improve student achievement. 
2.Will the new regulation help ensure that all students receive an equitable education? The new regulation is written to ensure all students are made aware of dual credit and dual enrollment opportunities, thus providing for a more equitable education.
3.Will the new regulation help to ensure that all students’ health and safety are adequately protected? The new regulation is related to dual credit and dual enrollment and does not specifically address students’ health and safety.
4.Will the new regulation help to ensure that all students’ legal rights are respected? The new regulation is written to ensure all students legal rights are respected as related to dual credit and dual enrollment opportunities.
5.Will the new regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The authority and flexibility of decision continues to be with local school districts; however, input will be needed from the postsecondary institutions as policies are developed.
6.Will the new regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? Because dual enrollment and the awarding of dual credit already exists in most cases, this regulation serves to ensure consistency and equity across the state.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing dual enrollment and dual credit remains the with the district or schools and the postsecondary institutions.
8.Will the new regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The new regulation is consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies. This regulation further supports the educational policies. 
9.Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method for addressing dual enrollment and the awarding of dual credit that ensures consistency and equity across the state. 
10.What is the cost to the State and to the local school boards of compliance with the regulation? There may be costs for dual enrollment and the awarding of dual credit that parents or local school boards will incur. At this time, the costs cannot be determined and the district policies will address funding sources as they become known and available. 
506 Policies for Dual Enrollment and Awarding Dual Credit
1.0Purpose

2.0Definitions:
3.0District Policy Requirement

4.0Quality Assurance and Granting of Postsecondary Credit
5.0Reporting of Dual Enrollment and awarding of Dual Credit 

6.0Policy Reporting Requirements

7.0Secondary Charter School Policy

OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Sections 122(b) and 154(e)
(14 Del.C. §122(b) and §154(e))
14 DE Admin. Code 525


Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)

525 Requirements for Career Technical Education ProgramsA.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code525 Requirements for Career Technical Education Programs for alignment to the reauthorization of the Carl D. Perkins Career and Technical Education Act of 2006.The amended regulation reflects changes to be consistent with current laws, such as, career and technical rather than trade and industrial; inclusion of the Student Success Plan as a way to collect student occupational interests; and language to include provisions related to the Americans with Disabilities Act. 
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation is related to career and technical programs and may result in improved student achievement.
2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation is related to career and technical programs and supports that all students achieve and equitable education.
3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation is related to career and technical education and does not directly impact student health and safety.
4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation is related to career and technical programs and supports that all students legal rights are respected.
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation preserves the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making and authority remains in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation is consistent with other state educational policies. 
9.Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method for addressing career and technical education programs. 
10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional costs to the State or local boards for compliance with this regulation. 
525 Requirements for Career Technical Education Programs
1.0Career Technical Education Programs
6 DE Reg. 955 (2/1/03)

2.0All Local School Districts and Charter Schools that Offer State Approved Career Technical Education Programs Shall:
1 DE Reg. 1196 (2/1/98)
6 DE Reg. 955 (2/1/03)
8 DE Reg. 1603 (5/1/05)
9 DE Reg. 1070 (01/01/06)

3.0Cooperative Education Programs
2 DE Reg. 111 (07/01/98)
6 DE Reg. 955 (02/01/03)
9 DE Reg. 1070 (01/01/06)

4.0Diversified Occupations Programs
2 DE Reg. 111 (07/01/98)
6 DE Reg. 955 (02/01/03)
9 DE Reg. 1070 (01/01/06)

OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Sections 122(b) and 154(e)
(14 Del.C. §122(b) and §154(e))
14 DE Admin. Code 716


Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)

716 Maintenance of Local School District and Charter School Personnel RecordsA.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 716 Maintenance of Local School District Personnel Records in order to align it with the new rules of the Delaware Public Archives concerning the retention of the personnel records of inactive employees. The retention period has been increased from 30 years to 50 years by the Delaware Public Archives. In addition, there is clarification related to the number of summative appraisals that are to be kept in personnel files. 
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses the maintenance of personnel records not student achievement.
2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses the maintenance of personnel records not equitable education issues.
3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses the maintenance of personnel records not students' health and safety.
4.Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses the maintenance of personnel records not students' legal rights.
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place any unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation.
10.What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State and to the local school boards of compliance with the regulation.
716 Maintenance of Local School District and Charter School Personnel Records
1.0Definitions
2.0Records Retention
9 DE Reg. 395 (9/1/05)
3.0Records Retention
3 DE Reg. 1077 (2/1/00)
4 DE Reg. 989 (12/1/00)
9 DE Reg. 395 (9/1/05)

OFFICE OF THE SECRETARYStatutory Authority: 14 Delaware Code, Sections 122(b) and 154(e)
(14 Del.C. §122(b) and §154(e))
14 DE Admin. Code 901


Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)

901 Education of Homeless Children and YouthA.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 901 Education of Homeless Children and Youth. The amendments include: 1) the addition of the definition for "awaiting foster care placement" to be consistent with 14 Del.C. §202(c), which allows all children in foster care to be considered "homeless" and subject to the provisions of the regulation; 2) changing "calendar" to "business" days under the resolution dispute procedures; and 3) clarifying the state level dispute resolution process. 
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before September 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.
C.Impact Criteria
1.Will the amended regulation help improve student achievement as measured against state achievement standards? The primary amendment revises the regulation to be consistent with state law thus allowing all children in foster care to be eligible for the provisions of this regulation. The amendment may improve student achievement by allowing stability in student placement. 
2.Will the amended regulation help ensure that all students receive an equitable education? The primary amendment revises the regulation to be consistent with state law thus allowing all children in foster care to be eligible for the provisions of this regulation. The amendment may help ensure all students receive an equitable education. 
3.Will the amended regulation help to ensure that all students' health and safety are adequately protected? The primary amendment revises the regulation to be consistent with state law thus allowing all children in foster care to be eligible for the provisions of this regulation. The amendment may help ensure all students' health and safety is adequately protected. 
4.Will the amended regulation help to ensure that all students' legal rights are respected? The primary amendment revises the regulation to be consistent with state law thus allowing all children in foster care to be eligible for the provisions of this regulation. The amendment may help ensure all students' legal rights are respected. 
5.Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.
6.Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The primary amendment revises the regulation to be consistent with state law thus allowing all children in foster care to be eligible for the provisions of this regulation. The amendment does not place any unnecessary reporting or administrative requirements or mandates upon the decision makers. 
7.Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability does not change. 
8.Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation is consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.
9.Is there a less burdensome method for addressing the purpose of the regulation? The federal statute requires the state to have a process for resolving disputes concerning this issue.
10.What is the cost to the State and to the local school boards of compliance with the regulation? There should not be additional transportation costs associated with the amendment since the Delaware law defining "awaiting foster child placement" was signed in July 2005.
901 Education of Homeless Children and Youth
1.0Purpose

2.0Definitions

3.0Federal Regulations

4.0Procedures for the Resolution of Disputes Concerning the Educational Placement of Homeless Children and Youths

4.4.3.1Notwithstanding 4.4.3, where the interdistrict dispute is limited solely to the issue of the apportionment of responsibility and costs for providing the child transportation to and from the school of origin, there shall be no referral to the Secretary. Pursuant to 42 USC 11432 (g)(1)(J)(iii)(II), if the school districts are unable to agree upon such a method of appropriation, the responsibility for the costs for transportation shall be shared equally.1 DE Reg. 963 (1/1/98)
7 DE Reg. 620 (11/1/03)



DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF MEDICAID AND MEDICAL ASSISTANCEStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. 512)

PUBLIC NOTICE
Long Term Care – Acute Care Program  
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility related to Long Term Care, specifically, the Acute Care Program.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSAL
The proposed provides notice to the public that the Division of Medicaid and Medical Assistance (DMMA) intends to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility related to Long Term Care, specifically, the Acute Care Program.
Statutory Authority
•42 CFR §435.211, Individuals who would be eligible for cash assistance if they were not in medical institu­tions;
•42 CFR §435.236, Individuals in institutions who are eligible under a special income level; and,
•42 CFR §435.622, Individuals in institutions who are eligible under a special income level.
Summary of Proposal
DSSM 20800, Long Term Acute Care Program (SSI) Determining Eligibility for the Acute Care Program: First, the rule title has been renamed to reflect the revised content of the rule regarding medical eligibility rules for 30-day hospitalization/rehabilitation and out-of-state rehabilitation. Individuals who are inpatients of an acute care hospital for 30 days or more may be eligible for Long Term Care Medicaid. 
Second, to simplify the policy format, Section 20800 is substantially revised, renumbered, and reorganized for greater clarity and ease of reading. Individuals requiring out-of-state placement in a rehabilitation center may also be eligible for Long Term Care Medicaid. Specific medical policy clarifications have been added to assist DMMA staff in obtaining the necessary information when determining medical eligibility. 
DMMA PROPOSED REGULATION #08-30
REVISION:
20800Long Term Acute Care Program (SSI)
Until 12/31/95, Medicaid coverage was available to individuals in acute care hospitals for more than 30 days, who would be eligible for SSI (aged, blind, or disabled) except that their income is between 100% and 250% of the SSI standard. Effective 1/1/96, individuals with income exceeding 100% of the SSI standard are not eligible. Individuals who would be eligible for TANF if not hospitalized may also qualify. This section will focus on applicants who would be eligible for SSI. These individuals will be determined eligible only after the patient has been in the hospital for 30 consecutive days. For example, if an individual enters the hospital on April 24th, Medicaid units need not consider eligibility unless the individual is still hospitalized on May 23rd (and has been continuously hospitalized since April 24th).
Financial eligibility for this program is always handled by the Financial Eligibility Units. Medical eligibility can be determined by PAS or by the Medicaid Review Team. To be medically eligible, the applicant must have required the level of care provided by a hospital during the time of his/her hospitalization. The individual may also be found eligible based on age alone (age 65 or older) or if the individual is statutorily blind and in the need of acute care services. Anyone 65 or statutorily blind and hospitalized for 30 consecutive days, and in need of acute care services would be medically eligible.
20800.1Referral Procedures
1.The referral is taken by PAS if the applicant is seeking Nursing Home placement or Home and Community Based Services, in addition to this program. PAS will determine medical eligibility and will refer the case to the Financial Eligibility Unit. If Home and Community Based Services are needed, the Financial Unit will refer the case to the HCBS Unit.
2.If the applicant is planning to be discharged to his home or to an out of state hospital or has already been discharged and does not require Home and Community Based Services or long term care placement, the referral is taken by the Financial Eligibility Unit. The eligibility process begins only when the applicant has reached his 30th day of hospitalization. The Financial Eligibility Unit obtains a FORM 408 from the hospital and forwards it with any pertinent medical information to the Medical Review Team. If the applicant is under the age of 19 and does not require long term care or HCBS, the Financial Eligibility Unit refers the case to the Family and Community Medicaid Unit. 
3.If, in either of the above two situations the referral is an emergency, i.e., the applicant requires a heart transplant, bone marrow transplant, etc., the appropriate referral unit will begin the eligibility process without waiting for the 30 days to elapse or for the FORM 408 Form to be completed.
In emergency situations, the worker handling the referral will notify her supervisor. The supervisor will inform the Long-Term Care Coordinator of the applicant's medical situation. The Long Term Care Coordinator will determine medical eligibility with the assistance of a staff nurse.
20800.2Financial Determination
1.Applicant or representative must complete the application process
2.Eligibility will be determined using all nursing home technical and financial standards.
3.If applicant is eligible, the Medicaid case must be opened on DCIS retroactive from the hospital admission date. For example, if an individual enters the hospital April 24th and is continuously hospitalized at least until May 23rd. The Medicaid coverage would begin effective April 24th. In no case shall the effective date of eligibility be earlier than the first day of hospitalization.
4.There is a patient pay requirement for these individuals and the patient pay amount is determined in accordance with policy section 20600 (Post-Eligibility Definitions/Procedures). Notification of patient pay amount and approval must be sent to the appropriate hospital social worker.
Complete data entry functions to update DCIS and templates.
5.Redeterminations of eligibility must be completed at six month intervals, but biweekly contacts must be made with the hospital to determine that the recipient is still institutionalized.
LTC POL-20800Determining Eligibility for the Acute Care Program

This policy applies to all applications received for Medicaid payment of Inpatient hospitalization or rehabilitation.
Thirty Consecutive Days of Hospitalization
Eligibility for this program will only be determined once the individual has been hospitalized for 30 consecutive days, unless:
•the discharge plan is for nursing home placement; or
•the individual is seeking out of state inpatient rehabilitation placement.
Licensed and Certified Hospital or Rehabilitation Facility
The medical facility must be licensed and certified as a Title XIX Acute Care or Rehabilitation Medical Facility.
The Acute Care facility must be engaged in providing diagnostic and therapeutic services for medical diagnosis, treatments, and care of injured, disabled, or sick persons. These services must be provided by or under the supervision of physicians. Continuous twenty–four (24) hour nursing services are provided.
The Rehabilitation facility may be a freestanding rehabilitation hospital or a rehabilitation unit in an Acute Care hospital.
Medical Eligibility Requirements For In State Hospitalization and/or Rehabilitation
Medical eligibility for Inpatient hospitalization/rehabilitation services received within the state is determined by the Division of Medicaid and Medical Assistance Pre-Admission Screening (PAS) units. The individual must have required the level of care provided by a hospital during the time of his/her hospitalization, as determined by the PAS units.
Anyone 65 years of age or older, or statutorily blind would meet the medical eligibility criteria if they were in need of acute care services during the time of their hospitalization.
Medical Eligibility Requirements For Out of State Rehabilitation
Medical eligibility for Inpatient Rehabilitation services to be received out of state is determined by the Division of Medicaid and Medical Assistance Medical Director. The individual must require:
•close medical supervision by a rehabilitation physician;
•twenty-four (24) hour nursing supervision;
•an intensive level of physical, occupational or speech therapy; or
•psychological services; or
•prosthetic-orthotic services.
The individual must be able to tolerate and participate in:
•at least 3 hours of physical and/or occupational therapy per day;
•and any other required therapies or services.
Medical eligibility must be reviewed on a bi-weekly basis.
Prior authorization must be requested and approved before out of state placement is made.
Financial Eligibility Requirements
Financial eligibility is determined by the Division of Medicaid and Medical Assistance Financial units. An individual must meet income and resource guidelines.
Income Guidelines
The income limit is equal to 100% of the Federal SSI Standard. However, if the individual is going to a nursing home directly from a hospital or rehabilitation facility, the higher income limit of 250% of the Federal SSI standard will be applied.
For out of state rehabilitation the income limit is 250% of the Federal SSI standard.
Refer to DSSM sections 20200, 20210, and 20240 for additional guidelines regarding income.
Resource Guidelines
The resource limit is $2,000.00. Refer to DSSM sections 20300 – 20360, and 20400 for additional information on determining countable resources.
Spousal
If applicable, Spousal Impoverishment rules should be followed. (DSSM 20900)
Financial Redetermination
A redetermination of the individual’s financial eligibility should be completed at six month intervals. 
Post Eligibility Budgeting
There is a patient pay requirement for these individuals. The patient pay amount is determined in accordance with DSSM section 20600 - (Post-Eligibility Definitions/Procedures). Notification of patient pay amount and approval must be sent to the appropriate hospital/rehabilitation social worker.
Medicaid Eligibility Effective Date
In no case shall the effective date of eligibility be earlier than the first day of hospitalization.
DIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)


PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the Responsibility for the Administration of Delaware’s Assistance Programs and Confidentiality.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGES
The proposed changes described below amend policies in the Division of Social Services Manual (DSSM) regarding Responsibility for the Administration of Delaware’s Assistance Programs and Confidentiality. 
Statutory Authority
•Title 31 – Welfare, including
Chapter 5, State Public Assistance Code
Chapter 6, Food Stamp Program
Chapter 9, Work Assignments for Recipients of Assistance
•Title IV-A of the Social Security Act, Grants to States for Temporary Assistance for Needy Families
•Title IV of the Immigration and Nationality Act
•Title XX of the Social Security Act, Block Grants to States for Social Services
•7 U.S.C., Chapter 51, Food Stamp Program
•Child Care Development Block Grant, as amended by the Personal Responsibility and Work Reconciliation Act of 1996
•7 CFR §273.7, Work Provisions
•7 CFR §272.1(c), General Terms and Conditions – Disclosure
•45 CFR §205.50, Safeguarding Information for the Financial Assistance Programs
Summary of Proposed Changes
DSSM 1000, Responsibility for the Administration of Delaware’s Assistance Programs: This section is being revised to include omitted programs and services; and, to reorganize for clarity. DSSM 1000 is updated to include the following programs and services: the Emergency Assistance Program, the Refugee Resettlement Program, the Child Care Subsidy Program, and Food Stamp Employment and Training services. 
DSSM 1000, Confidentiality: This section revises the text wording and clarification of reference to the Code of Federal Regulations citations by including the correct citations for the confidentiality regulation.
DSS PROPOSED REGULATION #08-29
REVISIONS:

1000 Responsibility for the Administration of Delaware's Assistance ProgramsThe Department of Health and Social Services is the agency designated by the State as responsible for Delaware's public assistance programs as allowed under Title IV- A of the Social Security Act (the TANF Program), Title 31 of the Delaware Code (the General Assistance Program), and Public Law 95- 113, (the Food Stamp Program). Within the Department, the Division of Social Services (DSS) administers these programs. The specific programs are those allowed under:
1.Title IV-A of the Social Security Act (the TANF Program and the Emergency Assistance Program);
2.Title 31 of the Delaware Code, Chapter 5 (the General Assistance Program);
3.Title IV of the Immigration and Nationality Act (the Refugee Resettlement Program);
4.Title 31 of the Delaware Code, Title XX of the Social Security Act, 7 CFR §273.7, and the CCDBG as 
amended by the Personal Responsibility and Work Reconciliation Act of 1996 (the Child Care Subsidy
Program);
5.Title 31 of the Delaware Code, Chapter 9 (Food Stamp Employment and Training services); and
6.7 U.S.C. Chapter 51 and Title 31 of the Delaware Code, Chapter 6 (the Food Stamp Program).
Included in this manual are technical and financial eligibility rules for the following programs:
1.Temporary Assistance to for Needy Families (TANF) 
2.The General Assistance Program
3.The Food Stamp Program
4.The Refugee Resettlement Program
5.Purchase of Day Care Services The Child Care Subsidy Program
6.The Emergency Assistance Program
7.Employment and Training Services
(Break in Continuity of Sections)
1003 Confidentiality

[272.1(c)(1) 7 CFR §272.1(c); 45 CFR §205.50]
Federal and State laws provide that public assistance information and records may be used only for purposes directly connected with the administration of public assistance programs. Thus, all information gathered regarding individuals for public assistance purposes is considered confidential and will be safeguarded by DSS.
By safeguarding public assistance information, DSS protects its clients from being identified as a special group based on financial needs and protects their right to privacy.
See Administrative Notice:
A-14-98 Subpoenas for Public Assistance Records
DIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)


PUBLIC NOTICE
FOOD STAMP PROGRAM

9007.1 Citizenship and Alien Status In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Citizenship and Alien Status.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGES
The proposed change described below amends the Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Citizenship and Alien Status. 
Statutory Authority
•7 CFR §273.4, Citizenship and Alien Status
Summary of Proposed Changes
DSSM 9007.1, Citizens and Qualified Aliens: The proposed revisions at 9007.1 are being made to rename this section and replace with Citizenship and Alien Status and to reorganize and reformat the content to align text with federal regulations at 7 CFR §273.4. 
9007.1 Citizens and Qualified Aliens Citizenship and Alien Status
[7 CFR 273.4]
Citizens and qualified aliens
The following residents of the United States are eligible to participate in the Food Stamp Program without limitations based on their citizenship/alienage status:
1.Persons born in the 50 states and the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands. Children born outside the United States are citizens if they meet one of the following conditions:
•²both parents are citizens of the United States and one parent has had a residence in the United States, or one of its outlying possessions, prior to the birth of the child; or
•²one parent is a citizen of the United States who has been physically present in the United States, or one of its outlying possessions, for a continuous period of one year prior to the birth of the child, and the other parent is a national, but not a citizen of the United States; or
•²one parent is a citizen of the United States who has been physically present in the United States, or one of its outlying possessions, for a continuous period of one year at any time prior to the birth of the child.
2.Naturalized citizens or a Untied States non-citizen national (person born in an outlaying possession of the United States, like American Samoa or Sawin's Island, or whose parents are U.S. non-citizen nationals;
3.Individuals who are:
A.An American Indian born in Canada who possesses at least 50 per centum of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act (INA) apply;
B.A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians;
C.Lawfully residing in the U.S. and was a member of the Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975;
(i)The spouse or surviving spouse of such Hmong or Highland Laotian who is deceased, or
(ii)An unmarried dependent child of such Hmong or highland Laotian who is under the age of 18 or if a full-time student under the age of 22 of such a deceased Hmong or Highland Laotian provided that the child was dependent upon him or her at the time of his or her death; or an unmarried disabled child age 18 or older if the child was disabled and dependent prior to the child's 18th birthday.
4.Individuals who are eligible indefinitely due to being:
A.A lawfully admitted for permanent residence (LPR) who can be credited with 40 quarters of work as determined under Title II of the Social Security Act, including qualifying quarters of work not covered by Title II of the Social Security Act, based on the sum of: quarters the alien worked; quarters credited for the work of a parent the alien before the alien became 18 (including quarters worked before the alien was born or adopted); and quarters credited from the work of a spouse of an alien during their marriage if they are still married or the spouse is deceased. A spouse cannot get credit for quarters of coverage of a spouse when the couple divorces before a determination of eligibility is made. If a determination of eligibility has been made based on the quarters of coverage of a spouse, and the couple later divorces, the alien's eligibility continues until the next recertification. At that time, eligibility is determined without crediting the alien with the former spouses quarters of coverage. (Beginning January 1, 1997, any quarter in which the alien received any Federal means-tested benefits does not count as a qualifying quarter. A parent's or spouse's quarter is not creditable if the parent or spouse received any Federal means-tested benefits or actually received food stamps in that quarter. If an alien earns the 40th quarter of coverage before applying for food stamps or any other Federal means-tested benefit in that same quarter, all that quarter toward the 40 qualifying quarters total.); 
B.lawfully living in the U. S. for five (5) years as a qualified alien beginning on the date of entry:
Qualified aliens include lawfully admitted residents (holders of green cards), those granted asylum, refugees, victims of a severe form of trafficking, those paroled in the United States under section 212(d)(5) of the INA for at least one year, those whose deportation is being withheld, those granted conditional entry under section 501(e) of the Refugee Education Assistance Act of 1980, Cuban or Haitian entrants, and under certain circumstances, a battered spouse, battered child or parent or child or battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA.
C.lawfully in US and is now under 18 years of age;
D.lawfully in US and is receiving disability or blind (payments listed under DSSM 9013.1)
E.lawfully in US and 65 or older on 8/22/96 (born on or before 8/22/31).
F.An alien with one of the following military connections:
(i)A veteran who was honorably discharged for reasons other than alien status who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service;
(ii)A veteran includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts, as described in 389 U.S.C. 107;
(iii)An individual on active duty in the Armed Forces of the U.S. other than for training; or
(iv)The spouse and unmarried dependent children (legally adopted or biological) of a person described above in (i) through (iii), including spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. An unmarried child for the purposes of this section is: a child who is under the age of 18 or, if a full-time student, under the age of 22; such unmarried dependent child of a deceased veteran was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child's 18th birthday.
5.The following aliens with a seven-year (7) time limit:
(A)refugees admitted under section 207 of the Act;
(B)asylees admitted and granted asylum under section 208 of the Act;
(C)aliens whose deportation or removal has been withheld under section 241(b)(3) and 243 (h) of the INA.
(D)Cuban and Haitians admitted under section 501(e) of the Refugee Education Act of 1980; and
(E)Amerasians admitted under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998. 
The seven-year (7) time limit begins from the date they obtained their alien status, (was granted asylum, was admitted as a refugee, from the date the deportation or removal was withheld). 
(F)Immigrants who are victims of severe trafficking in persons per Public Law 106-386 Trafficking Victims Protection Act of 2000. Severe forms of trafficking in persons is defined as sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Victims of trafficking are issued T visas by US Immigration and Citizenship Services.
The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 expanded eligibility to include the minor children, spouses, and in some cases the parents and siblings of victims of severe trafficking. Under TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4 or T-5 (known as Derivative T Visas) and are eligible for food stamps like the direct victims of severe trafficking.
If an alien is awarded a T visa and was under the age of 21 years on the date the T visa application was filed, the Derivative T Visas are available to the alien’s spouse, children, unmarried siblings under 18 years of age, and parents.
If an alien is awarded a T visa and was age of 21 years or older on the date the T visa application was filed, the Derivative T Visas are available to the alien’s spouse and children.
Adult victims of severe trafficking will be certified by the U. S. Department of Health and Human Services (HHS) and will receive a certification letter. Children, those under 18 years of age, who are victims of severe trafficking do not need to be certified but will receive a letter stating that the child is a victim of a severe form of trafficking. These victims of trafficking, and eligible relatives awarded Derivative T Visas, are treated like refugees for food stamp purposes. Victims of trafficking do not have to hold a certain immigration status, but they need to be certified by HHS in order to receive food stamps.
When a direct victim of a severe form of trafficking applies for benefits, DSS will follow normal procedures for refugees except DSS will:
1.Accept the original certification letter for child in place of INS documentation. Victims of severe forms of trafficking are not required to provide any documentation regarding immigrant status. (DO NOT CALL SAVE.)
2.Call the trafficking verification line at (202) 401-5510 to confirm the validity of the certification letter or similar letter for children and to notifiy the Offices of Refugee Resettlement (ORR) of the benefits for which the individual has applied.
3.Note the "entry date" for refugee benefit purposes. The individual's "entry date" for refugee benefit purposes is the certification date, which appears in the body of the certification letter or letter for children. 
4.Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria like income limits.
5.Re-certification letters will be used to confirm that the individual continues to meet the certification requirements. These letters will have the same "entry date" as the original certification letters. The regular recertification periods will apply to these individuals in the same manner that they apply to refugees.
6.The seven-year (7) time limit begins from the date they obtained their alien status, (was granted asylum, was admitted as a refugee, from the date the deportation or removal was withheld).
7.An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent's family residing in the same household as the alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered.
When an eligible relative of a direct victim of severe trafficking applies for benefits:
1.Accept the nonimmigrant T-2, T-3, T-4 or T-5 Derivative Visa and follow the normal procedures for providing services and benefits to refugees.
2.Call the toll-free trafficking verification lines at 1 (866) 401-5510 to notify ORR of the benefits for which the individual has applied. (NOTE: the DHS Systematic Alien Verification for Entitlements (SAVE) system does not contain information about victims of a severe form of trafficking or nonimmigrant alien family members. DO NOT CONTACT SAVE concerning victims of trafficking or their nonimmigrant alien family members.)
3.Issue benefits to the same extent as a refugee provided the Derivative T Visa holder meets other program eligibility criteria like income.
4.For an individual who is already present in the United States on the date the Derivative T Visa is issued, the date of entry for food stamp purposes is the Notice Date on the I797, Notice of Action of Approval of that individual’s Derivative T Visas.
5.For an individual who enters the United States on the basis of a Derivative T Visa, the date of entry for food stamp purposes is the date of entry stamped on that individual’s passport or I-94 Arrival Record.
The following residents of the United States (U.S.) are eligible to participate in the Food Stamp Program based on their citizenship or alien status:
A.U.S. Citizens
1.Persons born in the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands. 
2.Children born outside the U.S. are citizens if they meet one of the following conditions:
a.Both parents are citizens of the U.S. and one parent has had a residence in the U. S., or one of its outlying possessions, prior to the birth of the child; or
b.One parent is a citizen of the U.S. who has been physically present in the U. S., or one of its outlying possessions, for a continuous period of one year prior to the birth of the child, and the other parent is a national, but not a citizen of the U. S; or
c.One parent is a citizen of the U.S. who has been physically present in the U. S., or one of its outlying possessions, for a continuous period of one year at any time prior to the birth of the child.
3.Naturalized citizens or a U.S. non-citizen national (person born in an outlaying possession of the U. S., American Samoa or Swains Island, or whose parents are U.S. non-citizen nationals);
4.Individuals who are:
a.An American Indian born in Canada who possesses at least 50 per centum of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act (INA) apply; or 
b.A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians;
c.Lawfully residing in the U.S. and was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975;
d.The spouse or surviving spouse of such Hmong or Highland Laotian who is deceased, or
e.An unmarried dependent child of such Hmong or Highland Laotian who is:
•under the age of 22; 
•an unmarried child under the age of 18, or if a full-time student under the age of 22, of a deceased Hmong or Highland Laotian provided that the child was dependent upon him or her at the time of his or her death; or 
•an unmarried disabled child age 18 or older if the child was disabled and dependent prior to the child’s 18th birthday.
B.An individual who is BOTH a qualified alien and an eligible alien as follows:
1.A qualified alien is:
a.An alien lawfully admitted for permanent residence (Immigration and Nationality Act [INA]);
b.An alien who is granted asylum to the U.S. (section 208 of INA);
c.A refugee who is admitted to the U.S. (section 207 of the INA);
d.An alien who is paroled into the U.S. for a period of at least one year (section 212[d][5] of the INA);
e.An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);
f.An alien who is granted conditional entry (section 203[a][7])
g.An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent’s family residing in the same household as the alien at the time of the abuse;
h.An alien who is a Cuban or Haitian entrant (section 501[e] of the Refugee Education Assistance Act of 1980);
2.An eligible alien is:
a.An alien lawfully admitted for permanent residence who has 40 quarters of work as determined under Title II of the Social Security Act, including qualifying quarters of work not covered by Title II of the Social Security Act, based on the sum of:
•quarters the alien worked;
•quarters credited from the work of a parent of the alien before the alien became 18 (including quarters worked before the alien was born or adopted); and 
•quarters credited from the work of a spouse of an alien during their marriage if they are still married or the spouse is deceased.
(i) A spouse cannot get credit for quarters of coverage of a spouse when the couple divorces before a determination of eligibility is made. 
If a determination of eligibility has been made based on the quarters of coverage of a spouse, and the couple later divorces, the alien eligibility continues until the next recertification. 
At that time, eligibility is determined without crediting the alien with the former spouse quarters of coverage.
(ii)Beginning January 1, 1997, any quarter in which the alien received any Federal means-tested benefits does not count as a qualifying quarter. A parent or spouse quarter is not creditable if the parent or spouse received any Federal means-tested benefits or actually received food stamps in that quarter. If an alien earns the 40th quarter of coverage before applying for food stamps or any other Federal means-tested benefit in that same quarter, all that quarter counts toward the 40 qualifying quarters total.
b.lawfully living in the U.S. for five (5) years as a qualified alien beginning on the date of entry.
c.A refugee who is admitted to the U.S. (section 207 of the INA);
d.An alien who is granted asylum to the U.S. (section 208 of INA);
e.An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);
f.An alien who is a Cuban or Haitian entrant (section 501[e] of the Refugee Education Assistance Act of 1980);
g.An Amerasian who is admitted to the U.S. (section 584 of P.L. 100-202, amended by P.L. 100-461);
h.An alien with one of the following military connections:
(i)A veteran who was honorably discharged for reasons other than alien status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service.
A veteran includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts, as described in 38 U.S.C. 107;
(ii)An individual on active duty in the Armed Forces of the U.S. other than for training; or
(iii)The spouse and unmarried dependent children (legally adopted or biological) of a person described above in (i) through (iii), including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. An unmarried child for the purposes of this section is: a child who is under the age of 18 or, if a full-time student, under the age of 22; such unmarried dependent child of a deceased veteran was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child’s 18th birthday.
i.lawfully in U.S. and is receiving disability or blind payments (listed under DSSM 9013.1);
j.lawfully in U.S. and 65 or older on 8/22/96 (born on or before 8/22/31)
k.lawfully in U.S. and is now under 18 years of age (when child turns 18, the child must meet another eligibility criteria like 40 quarters or the five-year residency rule to continue to get food stamps);
l.lawfully in U.S. in a qualified status for five years;
m.Immigrants who are victims of severe trafficking in persons per Public Law 106-386 Trafficking Victims Protection Act of 2000. Severe forms of trafficking in persons is defined as sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Victims of trafficking are issued T visas by U.S. Immigration and Citizenship Services.
The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 expanded eligibility to include the minor children, spouses, and in some cases the parents and siblings of victims of severe trafficking. Under TVPRA, eligible relatives of trafficking victims are entitled to visas designated at T-2, T-3, T-4 or T-5 (known as Derivative T Visas) and are eligible for food stamps like the direct victims of severe trafficking.
If an alien is awarded a T visa and was under the age of 21 years on the date the T visa application was filed, the Derivative T Visas are available to the alien's spouse, children, unmarried siblings under 18 years of age, and parents.
If an alien is awarded a T visa and was age of 21 years or older on the date the T Visa application was filed, the Derivative T Visa are available to the alien's spouse and children.
Adult victims of severe trafficking will be certified by the U.S. Department of Health and Human Services (HHS) and will receive a certification letter. Children, those under 18 years of age, who are victims of severe trafficking do not need to be certified but will receive a letter stating that the child is a victim of a severe form of trafficking. These victims of trafficking, and eligible relatives awarded a Derivative T Visa, are treated like refugees for food stamp purposes. Victims of trafficking do not have to hold a certain immigration status, but they need to be certified by HHS in order to receive food stamps.
When a direct victim of a severe form of trafficking applies for benefits, DSS will follow normal procedures for refugees except DSS will:
Accept the original certification letter or letter for children in place of INS documentation. Victims of severe forms of trafficking are not required to provide any documentation regarding immigrant status. (DO NOT CALL SAVE.)
Call the trafficking verification line at (202) 401-5510 to confirm the validity of the certification letter or similar letter for children and to notify the Office of Refugee Resettlement (ORR) of the benefits for which the individual has applied.
Note the "entry date" for refugee benefit purposes. The individual "entry date" for refugee benefits purposes is the certification date, which appears in the body of the certification letter or letter for children.
Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria like income limits.
Re-certification letters will used to confirm that the individual continues to meet the certification requirements. These letters will have the same "entry date" as the original certification letters. The regular recertification periods will apply to these individuals in the same manner that they apply to refugees.
When an eligible relative of a direct victim of severe trafficking applies for benefits:
Accept the nonimmigrant T-2, T-3, T-4 or T-5 Derivative Visa and follow the normal procedures for providing services and benefits to refugees.
Call the toll-free trafficking verification line at 1 (866) 402-5510 to notify ORR of the benefits for which the individual has applied. (NOTE: the DHS Systematic Alien Verification for Entitlements (SAVE) system does not contain information about victims of a severe form of trafficking or nonimmigrant alien family members. DO NOT CONTACT SAVE concerning victims of trafficking or their nonimmigrant alien family members.)
Issue benefits to the same extent as a refugee provided the Derivative T Visa holder meets other program eligibility criteria like income.
For an individual who is already present in the United States on the date the Derivative T Visa is issued, the date of entry for food stamp purposes is the Notice Date on the I-797, Notice of Action of Approval of that individual Derivative T Visa.
For an individual who enters the Untied States on the basis of a Derivative T Visa, the date of entry for food stamp purposes is the date of entry stamped on that individual passport or I-94 Arrival Record.8 DE Reg. 1712 (6/1/05)
10 DE Reg. 1702 (05/01/07)

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

PUBLIC NOTICE
FOOD STAMP PROGRAM
Income Deductions, Certification Period Lengths, Reporting Changes 
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Income Deductions, Certification Period Lengths and Reporting Changes.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
SUMMARY OF PROPOSED CHANGES
The proposed changes described below amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Income Deductions, Certification Period Lengths and Reporting Changes.
Statutory Authority
•Food, Conservation, and Energy Act of 2008, Title IV, Section 4103, Supporting Working Families with Child Care Expenses and Section 4105, Facilitating Simplified Reporting;
•7 CFR §273.10(f), Certification Periods; and,
•7 CFR §273.12, Requirements for Change Reporting Households.
Summary of Proposed Changes
The proposed changes amend the Food Stamp Program rules to implement the mandatory provisions of Section 4103 and Section 4105 of the Food, Conservation, and Energy Act of 2008 (the Farm Bill) that removes the cap on the deduction for dependent care expenses which allows working families with children to deduct the entire amount of child care expenses when calculating eligibility and benefit levels (DSSM 9060). The Division of Social Services (DSS) further proposes to simplify the reporting requirements for the elderly and disabled households with no earned income with a 12-month certification period (DSSM 9068.1 and DSSM 9085).
DSS PROPOSED REGULATIONS #08-27
REVISIONS:

9060 Income Deductions[273.9(d)]
Deductions from income will be allowed only for the following household expenses:
A.Standard Deduction A standard deduction per household per month. (Refer to current October Cost-of-Living Adjustment Administrative Notice for amount of the standard deduction.)
B.Earned Income Deduction Twenty percent, (20%) of gross earned income as defined at DSSM 9056. Earnings excluded in DSSM 9058 and DSSM 9059 will not be included in gross earned income deduction.
(Do not allow the earned income deduction for income under a work supplementation program.)
C.Excess Medical Deductions That portion of unreimbursed medical expenses in excess of $35 per month, excluding special diets, incurred by any household member who is 60 years of age or over or disabled as defined in DSSM 9013.1. Spouses or other persons receiving benefits as a dependent of the SSI or disability and blindness recipient are not eligible to receive this deduction, but persons receiving emergency SSI benefits based on presumptive eligibility are eligible for this deduction.
Allowable medical costs include: Medical and dental care including psychotherapy and rehabilitation services provided by a licensed practitioner or other qualified health professional, hospitalization, outpatient treatment, nursing home care (including payments by the household for an individual who was a household member immediately prior to entering a hospital or nursing home provided by a facility recognized by the State).
Prescription drugs and over the counter medication when approved by a licensed practitioner or other qualified health professional. Also the cost of medical supplies and sick room equipment (including rental costs) are deductible (when approved by a licensed practitioner or other health professional). Health and hospitalization insurance are deductible, but health and accident insurance policies such as income maintenance or death or dismemberment policies are not deductible.
Any Medicare premiums, cost-sharing or spend down expenses incurred by Medicaid recipients, dentures, hearing aids and prosthetics are deductible as well as the costs of securing and maintaining a seeing eye or hearing dog including dog food and veterinary bills. Eye glasses prescribed by a physician skilled in eye disease or by an optometrist and the reasonable costs of transportation and lodging to obtain medical treatment or services are deductible.
Reasonable transportation and lodging costs to obtain medical treatment or services are limited to costs incurred in order to obtain such treatment. These costs are to be verified. Reasonable costs of transportation include, but are not limited to, trips to the doctor, dentist, to fill prescriptions for medicine, dentures, hearing aids or eye glasses. Allowance for mileage in privately-owned vehicles should be standard in a State. As for lodging costs, eligibility workers should use good judgement judgment in determining the reasonableness of such costs based on the area and average costs.
Maintaining an attendant, homemaker, home health aide, housekeeper, or child care services necessary due to age, infirmity, or illness are deductible costs. In addition, an amount equal to the one person food stamp allotment shall be deducted if the household furnishes the majority of the attendant's meals. The allotment allowed shall be the amount in effect at the time of initial certification, and will not be updated until the time of the next scheduled recertification. If a household incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the costs shall be treated as a medical expense.
D.Dependent Care Payments for the actual costs for the care of a child or other dependent when necessary for a household member to seek, accept, or continue employment, comply with the employment and training requirements in DSSM 9018, or attend training or pursue education which is preparatory to employment. The dependent care deduction for children under two (2) is higher than for children two (2) and older (Refer to the current October Cost-of-Living Adjustment Administrative Notice for the dependent care deductions.).
E.Child support payments deduction - Legally obligated child support payments made to or for, children who live outside of the household. Only child support payments that are legally obligated can be allowed as a deduction. This also includes:
a)Amounts paid out of the household's current income to make up for months in which the household did not meet its obligation, except for amounts paid through tax intercept, and 
The value of legally binding child support that is provided in-kind, such as payment of rent directly to the landlord.
Payments provided for health care,
Payments for education,
Payments for recreation,
Payments for clothing,
Payments to meet other specific needs of a child or children, and
Payments to cover attorney's fee, interest, and court costs.
The following are examples of how to treat child support payments:
1.Mr. A is court ordered to pay Mrs. A $100 a week in child support. He also pays $30 a month child support for arrears to make up the months he was not able to pay. Mr. A is eligible for a $463 ($100 x 4.33 = $433 +$30) child support deduction from his current income.
2.Mr. C is court ordered to pay Mrs. C $800 a month in child support. He pays $500 a month directly to the landlord for Mrs. C's rent and $100 directly to the utility company for Mrs. C's electric. Mrs. C receives the $200 balance in cash. Mr. C is eligible for a $800 child support deduction from his current income.
Alimony payments are not included in the child support deduction.
F.Shelter Costs Monthly shelter costs in excess of 50% of the household's income after all other deductions in A, B, and C above have been allowed. The shelter deduction must not exceed the maximum excess shelter deduction limit. (Refer to the current October Cost-of-Living Adjustment Administrative Notice for the maximum excess shelter deduction.) This is applicable unless the household contains a member who is age sixty (60) or over, or disabled per DSSM 9013.1. Such households will receive an excess shelter deduction for the monthly costs that exceeds 50% of the household's monthly income after all other applicable deductions.
Shelter costs will include only the following:
1.Continuing charges for the shelter occupied by the household, including rent, mortgages, condo and association fees, or other continuing charges leading to the ownership of the shelter such as loan repayments for the purchase of a mobile home, including interest on such payments. A mortgage is defined as any loan which uses the house as collateral.
Households required to pay the "last month's rent" along with the first month's rent before they can move into the dwelling can claim both amounts in the month that the household is billed.
For example, a client rents an apartment in January and must pay January's and the next December's rent in January. Both rental amounts can be used for January's food stamp budget. A rent deduction would not be allowed in December since it was paid in January.
Households required to pay a security deposit before they move into a dwelling cannot claim the deposit as a shelter cost.
For example, a client rents a home and must pay a $450 security deposit and the first month's rent before she moves in. The security deposit will be refunded when she moves out if the home is in good condition. She cannot claim the deposit as a shelter cost for food stamp purposes.
2.Property taxes, State and local assessments and insurance on the structure itself, but no separate costs for insuring furniture or personal belongings. If separate insurance costs for furniture or personal belongings are not identified, use the total. (Local assessments include, but are not limited to, regular school taxes and an annual school capitation tax.)
3.Mandatory Utility and Phone Allowances
a.Heating and Cooling Standard Utility Allowance (HCSUA) - The HCSUA is mandatory for:
•households that incur heating or cooling costs separate and apart from their rent or mortgage pay­ments;
•residents of private rental housing who are billed on a monthly basis by their landlords for actual usage as determined through individual usage or who are charged a flat rate;
•households receiving energy payments under the Low Income Home Energy Assistance (LIHEA);
•households receiving direct or indirect energy assistance payments like HUD utility reimburse­ments, other than LIHEA, that is excluded as income and who continue to incur any out-of-pocket heating or cooling expenses during any month in the previous twelve (12) months; and
•households living in a public housing unit or other rental housing unit which has central utility meters and charges the household only for excess heating or cooling costs.
Heating costs must be verified to use the HCSUA. For cooling costs, you must verify the utility, like electricity, that provides the air conditioning. Accept the household's statement that they pay for cooling unless it is questionable.
b.Limited Utility Allowance (LUA) - The LUA is mandatory for households that incur costs for two non-heat or non-cooling utilities like electric, gas cooking, water, sewerage, well and septic tank installation and maintenance, telephone and garbage or trash collection.
c.One-utility Standard - The one-utility standard is mandatory for households that incur only one non-heat, non-cooling, or non-phone utility.
d.Telephone Allowance - The standard telephone allowance will be used for households billed only for a telephone regardless of their actual cost.
Refer to the current October Cost-of-Living Adjustment Administrative Notice for the standard utility and phone allowance amounts.
There is no proration of the utility or phone allowance when more than one household shares living quarters. This means when two or more households share living costs each household may receive full utility or phone allowance. There is no proration of the utility or phone allowances when you have prorated deemers like ineligible aliens.
4.The shelter costs of the home if not occupied by the household because of employment or training away from home, illness or abandonment caused by a natural disaster or casualty loss. For costs of a home vacated by the household to be included in the household's shelter costs, the household must intend to return to the home; the current occupants of the home, if any must not be claiming the shelter costs for food stamp purposes; and the home must not be leased or rented during the absence of the household.
A household that has both an occupied home and an unoccupied home is only entitled to one standard utility allowance.
5)Charges for the repair of the home which was substantially damaged or destroyed due to a natural disaster such as a fire or flood. Shelter costs will not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source. Repairs, other than those due to natural disasters, do not count as a deduction, even when tenants must pay for them or be evicted.
(Break in Continuity of Sections)
9068.1 Certification Period Length

DSS will assign the longest certification period possible according to each household's circumstances.
Households subject to change reporting where all members are elderly or disabled and have no earned income will be assigned a 12-month certification period.
Households subject to simplified reporting will be assigned a 6-month certification period. A shorter certification period of no less than 4 months can be assigned on a case-by-case basis if the household’s circumstances warrant it.
•DSS will assign households subject to simplified reporting requirement a six-month certification period, except for elderly or disabled households with no earned income.
•DSS will assign households where all members are elderly or disabled with no earned income a 12-month certification period.
•DSS can assign a shorter certification period of no less than 4 months on a case-by-case basis if the household's circumstances warrant it.2 DE Reg. 2271 (6/1/1999)
8 DE Reg. 114 (7/1/2004)

(Break in Continuity of Sections)
9085 Reporting Changes

[273.12]
Certified food stamp households are required to report the following changes in circumstances:
Simplified Reporting Requirements
The following reporting requirements are for all households except those households where all members are elderly or disabled and without earned income:
•Households are required to only report income changes when the monthly income exceeds 130 percent of the poverty income guideline for the household size that existed at the time of the certification or recer­tification.
•When a household's monthly income exceeds the 130 percent of the poverty income guideline, the household is required to report that change within ten days after the end of the month that the household determines the income is over the 130 percent amount.
•Households will not have to report any changes in the household composition, residence and resulting changes in shelter costs, acquisition of non-excluded licensed vehicles, when liquid resources exceed $2000.00 and changes in the legal child support obligation.
Additional reporting requirement for ABAWD individuals:
•Adults living in a home without any minor children, who are getting food stamps because they are work­ing over 20 hours a week, must report when they start working less than 20 hours a week.
Change Reporting Requirements for households not eligible for the simplified reporting requirements above:
Change reporting households must report the following changes in circumstances by the 10th day of the month following the month of the change:
•Changes in the amount of gross unearned income of more than $50, except changes in the public assis­tance grants. Changes reported in person or by telephone are to be acted upon in the same manner as those reported on the change report form;
•A change in the source of income, including starting or stopping a job or changing jobs, if the change in employment causes a change in income.
•All changes in household size, such as the addition or loss of a household member;
•Changes in residence and the resulting changes in shelter costs;
•The acquisition of a licensed vehicle not fully excludable under DSSM 9051 (for non-categorically eligible households);
•When cash on hand, stocks, bonds, and money in a bank account or savings institution reach or exceed a total of $2,000 (for non-categorically eligible households); 
•Changes in the legal obligation to pay child support; and
•Changes in work hours that bring an ABAWD individual below 20 hours per week, averaged monthly.
An applying household must report all changes related to its food stamp eligibility and benefits at the certification interview. Changes, as provided in this Section, listed above which occur after the interview but before the date of the notice of eligibility, must be reported by the household within ten (10) days of the date of the notice.
Only the reporting requirements in this Section and no other reporting requirements can be imposed by the Division.
10 DE Reg. 560 (09/01/06)


4.0General Requirements Related to Filing and Extensions for Filing of Annual Audited Financial Reports and Audit Committee Appointment

5.0Contents of Annual Audited Financial Report

6.0Designation of Independent Certified Public Accountant

7.0Qualifications of Independent Certified Public Accountant

7.8.4.1Neither the accountant nor the accountant’s actuary has performed any management functions or made any management decisions;
7.8.4.2The insurer has competent personnel (or engages a third party actuary) to estimate the reserves for which management takes responsibility; and
7.8.4.3The accountant’s actuary tests the reasonableness of the reserves after the insurer’s management has determined the amount of the reserves;
8.0Consolidated or Combined Audits

9.0Scope of Audit and Report of Independent Certified Public Accountant

10.0Notification of Adverse Financial Condition

11.0Communication of Internal Control Related Matters Noted in an Audit

12.0Accountant’s Letter of Qualifications
13.0Definition, Availability and Maintenance of Independent Certified Public Accountants Workpapers

14.0Requirements for Audit Committees

14.1.6.1All significant accounting policies and material permitted practices;
14.1.6.2All material alternative treatments of financial information within statutory accounting principles that have been discussed with management officials of the insurer, ramifications of the use of the alternative disclosures and treatments, and the treatment preferred by the accountant; and
14.1.6.3Other material written communications between the accountant and the management of the insurer, such as any management letter or schedule of unadjusted differences.
Prior Calendar Year Direct Written and Assumed Premiums
 
$0 - $300,000,000
 Over $300,000,000 -$500,000,000
 Over $500,000,000
 
No minimum requirements. See also Note A and B.
 Majority (50% or more) of members shall be independent. See also Note A and B.
 Supermajority of members (75% or more) shall be independent. See also Note A.
 



15.0Conduct of Insurer in Connection with the Preparation of Required Reports and Documents

16.0Management’s Report of Internal Control over Financial Reporting

17.0Exemptions and Effective Dates

18.0Canadian and British Companies

19.0Severability Provision



DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS1310 The Office of Anti-DiscriminationStatutory Authority: 19 Delaware Code, Sections 712(a)(2) and 728
(19 Del.C. §712(a)(2) & §728)

The Secretary of Labor in accordance with 19 Del.C. §712(a)(2) has proposed rules and regulations relating to the Delaware Department of Labor’s Office of Anti-Discrimination (“Anti-Discrimination Office”). These proposals set forth the Anti-Discrimination Office’s procedures for the handling of discrimination charges with coordinated instructions and procedures developed by the Anti-Discrimination Office Administrator and staff (“Rules and Regulations”).
A public hearing will be held before the Director of Industrial Affairs and Anti-Discrimination Office Administrator (collectively the “Department”) at 2:00 p.m. on September 24, 2008, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed Rules and Regulations may obtain a copy from Julie Klein Cutler, Administrator, Office of Anti-Discrimination, Division of Industrial Affairs, Department of Labor, 4425 N. Market Street, Wilmington, Delaware 19802. Persons wishing to submit written comments may forward these to Ms. Cutler at the above address. The final date to receive written comments will be at the public hearing.
The Department will consider making a recommendation to the Secretary following the public hearing.
1311 Office of Anti-Discrimination Rules and Regulations1.0General Provisions
2.0Commencement of Actions

2.3.3.1The complainant’s full name, address, and telephone number;
2.3.3.2The respondent’s full name, address, and telephone number if known;
2.3.3.3 A brief statement of jurisdiction identifying the nature, date of, and location of the employment relationship;
2.3.3.4The specific prohibited basis or bases that gave rise to the alleged violation;
2.3.3.5The specific adverse employment action alleged to have occurred as a result of the alleged violation;
2.3.3.6A brief statement setting forth the facts deemed to constitute the alleged violation;
2.3.3.7The specific law or laws allegedly violated;
2.3.3.8A brief statement explaining why the complainant alleges a causal relationship between the prohibited basis and the adverse action; and
2.3.3.9Notarized signature and verification by the complainant.
2.4.1.1Administration of an oath;
2.4.1.2Execution of the verified charge; and
2.4.1.3Notarization of the complainant’s verified signature.
3.0Answers

3.2.3.1Employment records of individuals other than the charging party;
3.2.3.2Medical records of individuals other than the charging party;
3.2.3.3Confidential trade secrets; and
3.2.3.4The identity of witnesses who respondent intends to produce.
4.0Preliminary Findings and Recommendations

4.2.1.1A brief statement of whether or not the respondent filed an answer;
4.2.1.2A referral to mediation, investigation, or recommending dismissal.
4.4.1.1The nature of the discrimination charged;
4.4.1.2Probability of obtaining additional evidence that may impact the department’s final determination after full investigation; and
4.4.1.3Whether the public interest is best served by the continuation of the investigatory process. 
4.4.2.1The administrator in his sole discretion shall determine whether additional information provided warrants further investigation.
4.4.2.2If the charging party does not present additional information which warrants further investigation within the stated time, the department may dismiss the case and issue a Delaware Right to Sue Notice.
5.0Mediation

6.0Investigation

6.1.1.1The administrator refers a charge for investigation in accordance with 19 Del.C. §712(c)(2)(c); or
6.1.1.2The mediation director refers a case to the investigation unit after unsuccessful mediation.
6.2.2.1The race, marital status, genetic information, color, age, religion, sex, national origin or disability of employees;
6.2.2.2The employment records of employees;
6.2.2.3The procedures for advertising or notifying the public of the availability of jobs;
6.2.2.4The procedures for hiring or selecting employees;
6.2.2.5The testing, seniority, promotion and discharge procedures; and
6.2.2.6Such other information as the department determines to be reasonably necessary to carry out the provisions of the Discrimination in Employment Act or Handicapped Persons Employment Protections Act.
6.8.1.1As part of its investigation and at the discretion of the administrator, the department may convene a fact-finding conference for the purpose of obtaining evidence, identifying the issues in dispute, ascertaining the positions of the parties and exploring the possibility of settlement. The fact-finding conference is not an adjudication of the merits of the charge.
6.8.1.2The department shall provide the parties with written notice of the fact finding conference at least 30 days prior to the conference. The notice shall specify the date, time and location of the conference and shall identify the individuals requested to attend on behalf of each party, and any documents which a party is requested to provide at the conference.
6.8.2.1The department employee acting as fact-finder shall conduct and control the proceedings.
6.8.2.2With prior notice to the department, the parties may request to bring witnesses to the conference in addition to those whose attendance may be specifically requested by the department. The fact-finder has discretion over which witnesses shall be heard and the order in which they are heard. The fact-finder may exclude any witness or other person from the conference, except one representative of each party and counsel shall be permitted to remain throughout.
6.8.2.3The department may request the parties to provide affidavits from witnesses who intend to appear at the fact-finding conference.
6.8.2.4A party may be accompanied at a fact-finding conference by his or her attorney, and by a translator, if necessary.
6.8.2.5An attorney for a party who has not previously entered his appearance shall do so at the outset of the conference.
6.8.2.6Because the fact-finding conference is a means of investigation and not a hearing on the merits of a case, the parties shall not be entitled to cross-examine witnesses. All questioning shall be conducted by the fact-finder, unless in his discretion the fact-finder permits questions to be asked by other persons present at the conference.
6.8.2.7During the conference, the fact-finder may allow a recess to permit the parties to discuss settlement.
6.8.3.1Except in extraordinary circumstances, requests for postponements must be made by notice to all parties at least 14 days prior to the conference.
6.8.3.2Any opposition to a request for postponement must specifically state the basis for the opposition and must be received by the department at least seven days prior to the conference.
6.8.3.3If a party or witness fails to appear at a scheduled fact-finding conference, the department may proceed with the conference without the party.
7.0Administrative Dismissal

8.0Withdrawal of Charge of Discrimination

9.0Final Determinations

9.2.2.1The administrator in his sole discretion shall determine what if any further supporting evidence or information is needed to complete his review, and shall offer the party at least fourteen days to present additional information.
10.0Conciliation

11.0Enforceability of settlement agreements.

12.0Delaware Right to Sue Notice

12.1.1.1Issuance of a final determination of no reasonable cause;
12.1.1.2Failure of conciliation efforts; or
12.1.1.3Administrative dismissal of the charge in accordance with Section 7.
12.1.2.1At the request of the Charging Party; or
12.1.2.2By initiation of the administrator, in his discretion.
12.1.3.1Issuance of a Delaware Right to Sue Notice shall terminate further proceedings of the charge by the department.


2.Brief Synopsis of the Subject, Substance and Issues:
3.0Federal Laws and Regulations Adopted (Formerly WR-3) 
This action is needed to establish in regulation the special 1 day waterfowl hunt for youth and disabled hunters and set the minimum participation age at 10 years old to conform to the minimum age for hunter safety certification and to the special 1 day deer hunt for youth and disabled hunters. This action is needed to prohibit the possession and release of mute swans which are a non-native invasive species that can severely damage aquatic ecosystems and drive out native birds. 
5.0Wild Turkey (Formerly WR-5)
This action is needed to expand the opportunities for hunters to take a turkey education class and thus become eligible for a Delaware turkey hunting permit. There is a growing desire by non-residents of Delaware to come here to hunt turkeys. At this point in time, they have to travel to Delaware to take the mandatory turkey hunting safety class. This regulatory change will allow hunters to take comparable classes in their home state and then be certified to hunt in Delaware. This action is also needed to establish a youth day for Delaware turkey hunting as is offered for deer and waterfowl hunting. Because of the limited turkey hunting opportunities on public land in Delaware, this day would only apply to private land hunting. 
7.0Deer (Formerly WR-7)
This action is needed to correct an omission regarding the Non Resident Quality Buck Deer Tag making it a legally recognized tag. Secondly, this action is needed to clarify that only 2 antlered deer may be killed during a license year and it clarifies legal transportation of deer. Thirdly, children 10 years of age or older may take the Delaware General Hunter Education course and become certified. This regulatory amendment will provide conformity between the minimum age a child can be certified under the Hunter Safety Program and the age at which they may participate in the special Youth Day deer hunt. 
 8.0General Rules and Regulations Governing Land and Waters Administered by the Division (Formerly WR-8) 
As Delaware’s population grows and its open space declines, more people are seeking out State Wildlife Areas for outdoor activities that have nothing to do with wildlife. The Division’s goal is to accommodate these non-wildlife related activities in so far as they do not disrupt other citizens engaged in wildlife related pursuits on the areas. This action is needed to allow for geocaching on State Wildlife Areas while at the same time, separating it from hunting activity. This separation will prevent conflict and improve safety. Furthermore, this amendment will strengthen the trespass section of Regulation 8.0. The Division publishes annual maps and rules of all State Wildlife Areas. This change will allow for unique Wildlife Area entry restrictions to be published on area maps that will be backed up in regulation. 
20.0Game Bird Releases (New)
This action will require that all domestically raised quail, chukar partridge, Hungarian partridge and pheasants released into the wild be fitted with a Division approved leg band. As wild bird numbers decline, more hunters are releasing domestically raised game birds for hunting and dog training purposes. When hunters report harvested bird numbers on Division game surveys, it is unclear how many are wild birds. This makes it difficult to assess wild bird mortality and population levels and adjust hunting seasons and management efforts appropriately. To release banded game birds, a free Division permit will have to be obtained. This permit requirement will assist in determining the locations and numbers of released birds. Game harvest survey questions will be written to distinguish between wild un-banded birds and released banded birds. 
21.0Guide License Requirements (New)
This action is needed to define the requirements for a guide license as found in Title 7, Chapter 5. Licenses, of the Delaware Code. 
3.Possible Terms of the Agency Action:
N/A
4.Statutory Basis or Legal Authority to Act:
7 Delaware Code, Chapter1, Sections 102 and 103
5.Other Regulations That May Be Affected By the Proposal:
None
6.Notice of Public Comment:
These regulatory changes will be presented in a series of public hearings on August 25th 2008 beginning at 6:30 p.m., DNREC Auditorium, 89 Kings Highway, Dover, Delaware. The hearing record for these proposed Regulations will remain open until 4:30 P.M., Sunday August 31, 2008. The order of hearings is as follows:
Regulation 3901.3 – Federal Regulations Adopted
Regulation 3901.5 – Wild Turkey
Regulation 3901.7 – Deer
Regulation 3901.8 – General Rules and Regulations Governing Land and Waters Administered by the 
Division. 
Regulation 3901.20 – Game Bird Releases
Regulation 3901.21 – Guide License Requirements
Written comments for the hearing record should be addressed to Kenneth Reynolds, 6180 Hay Point Landing Road, Smyrna, DE 19977 or to Kenneth.Reynolds@state.de.us. The record will remain open for written public comment until 4:30 P.M. August 31, 2008. 
7.Prepared By:
Kenneth M. Reynolds, 6180 Hay Point Landing Road, Smyrna, DE 19977
Kenneth.Reynolds@state.de.us
(302) 735-3600

3901 Wildlife(Break in Continuity of Sections)
3.0Federal Laws and Regulations Adopted Waterfowl (Formerly WR-3)

(Penalty Section 7 Del.C. §103(d))
3.1Federal Laws.
It shall be unlawful for any person to hunt, buy, sell or possess any protected wildlife or part thereof, except in such manner and numbers as may be prescribed by the following federal laws and regulations promulgated thereunder: Airborne Hunting Act (16 USC § 742j-l et seq.), Eagle Act (16 USC § 668 et seq.), Endangered Species Act (16 USC 1531 et seq.), Lacey Act (16 USC § 3371 et seq.), Marine Mammal Protection Act (16 USC § 1361 et seq.), and the Migratory Bird Treaty Act (16 USC § 703 et seq.). Notwithstanding the foregoing, the federal laws and regulations shall be superseded by more stringent restrictions prescribed by State law or regulation of the Department.
3.2Sea Ducks.
Scoters, eiders and old squaw ducks may be taken during their special season not less than 800 yards seaward from the Delaware Bay shore beginning at an east/west line between Port Mahon and the Elbow Cross Navigation Light south to the Atlantic Ocean or in the Atlantic Ocean.
3.3Non-toxic Shot.
3.3.1Required Usage. Non-toxic shot, as defined by federal regulations, shall be required for waterfowl hunting in Delaware. It shall be unlawful for any person to possess shells loaded with lead shot while waterfowl hunting.
3.3.2Maximum Shot Size. It shall be unlawful for any person to hunt, except for deer, in Delaware with any size non-toxic shot (as defined by federal regulations) pellet(s) larger than size T (.20 inches in diameter).
3.4Special Mallard Release Areas.
The Division may issue permits to allow the taking of captive-reared mallards during the established waterfowl season under applicable federal regulations. Permits shall only be issued to persons who: control at least 100 acres of land on which there is suitable waterfowl habitat; agree to follow a management plan and federal regulations; and maintain a log of guests and birds harvested. Failure to follow the management plan or a violation of State or federal laws may result in the revocation of a Special Mallard Release Area Permit. Waterfowl may only be hunted on Special Mallard Release Areas from one-half hour after sunrise to one hour before sunset.
3.5Mute Swans (Cygnus olor)
3.5.1Mute swans shall be considered an exotic, invasive species that is not subject to state protection. 
3.5.2It shall be unlawful to possess, buy, sell, barter, trade, or transfer any mute swan or their eggs to or from another person unless permitted by the Director of the Division of Fish and Wildlife.
3.5.3It shall be unlawful to release any mute swan into the wild.
3.6Special Shotgun Season for Young and Disabled Hunters
3.6.1Waterfowl may be hunted on a special day established annually by the Division for disabled (non-ambulatory) hunters using a wheelchair for mobility and hunters 10 years of age or older but less than 16 years of age (10-15 years inclusive). Hunters 13-15 years of age must have completed an approved course in hunter training and possess a Delaware Resident or Non-Resident Junior Hunting License. Young hunters must be accompanied by a licensed non-hunting adult who is 21 years of age or older. Young hunters must be of sufficient size, physical strength and emotional maturity to safely handle a shotgun.3 DE Reg.   289 (8/1/99) 
6 DE Reg. 536 (10/1/02)

(Break in Continuity of Sections)
5.0Wild Turkeys (Formerly WR-5)

(Penalty Section 7 Del.C. §103(d))
5.1Possession of Wild Turkey Prohibited; Exceptions.
It shall be unlawful for any person, other than authorized representatives of the Division, to release or possess Meleagris gallopavo (wild turkey) in Delaware without a permit from the Division. The prohibition to possess and/or release Meleagris gallopavo shall include both birds taken from the wild and birds bred in captivity.
5.2Instruction Requirement.
It shall be unlawful for any person to hunt wild turkeys in Delaware before that same person attends and passes a Division approved course of instruction in turkey hunting. In addition to official Delaware Division of Fish and Wildlife sponsored courses, official NRA Wild Turkey Hunting Clinics, official NWF Turkey Hunting Courses and out-of-state Turkey Hunting Courses (minimum of 4 hours) officially sponsored and sanctioned by other state or provincial Hunter Education Programs shall be recognized as being Division approved courses of instruction in turkey hunting.
5.3Method of Take.
5.3.1It shall be unlawful for any person to use any firearm to hunt wild turkeys, except a 10, 12, 16, or 20 gauge shotgun loaded with size 4, 5, or 6 shot or a longbow with a broadhead arrow, 7/8 inches in minimum width.
5.3.2It shall be unlawful for any person to use bait or dogs to hunt wild turkeys.
5.3.3It shall be unlawful for any person to “drive” wild turkeys.
5.3.4It shall be unlawful for any person to shoot any wild turkey that is in a roost tree.
5.3.5It shall be unlawful for any person to hunt wild turkeys unless said person is wearing camouflage clothing. 
5.3.6It shall be unlawful for any person to hunt wild turkeys if said person is wearing any garment with the colors white, red, or blue.
5.3.7It shall be unlawful for any person to hunt wild turkeys and use artificial turkey decoys of either sex that are wholly or partially made from any part of a turkey that was formerly alive.
5.3.8It shall be unlawful for any person to hunt wild turkeys using an electronic calling device.
5.4Season and Limit.
5.4.1The Division may establish a season for hunting bearded wild turkeys by permit. The Division will determine the terms and conditions of the issuance of permits. It shall be unlawful for any person to hunt wild turkey, except as permitted by the written authorization of the Division.
5.4.2It shall be unlawful for any person to hunt wild turkeys, except from one-half hour before sunrise to 1:00 p.m.
5.4.3It shall be unlawful for any person to not check a wild turkey at an authorized checking station by 2:30 p.m. on the day of kill.
5.4.4It shall be unlawful for any person to take or attempt to take more than one bearded wild turkey per season.
5.5Special Season for Young and Disabled Hunters
5.1.1Turkeys may be hunted on private land only on the Saturday prior to the opening of the regular spring turkey hunting season by disabled (non-ambulatory) hunters using a wheelchair for mobility, and hunters 10 years of age or older but less than 16 years of age (10-15 years inclusive). Hunters 13-15 years of age must have completed an approved course in hunter training as well as a Division approved turkey hunter safety class and possess a Delaware Resident or Non-Resident Junior Hunting License. Young hunters must be accompanied by a licensed non-hunting adult who is 21 years of age or older who has also completed a Delaware approved turkey hunter safety class. Young hunters must be of sufficient size, physical strength and emotional maturity to safely handle a shotgun.3 DE Reg.   289 (8/1/99)
11 DE Reg. 334 (09/01/07)

6.0Game Preserves (Formerly WR-6)

(Penalty Section 7 Del.C. §103(d))
6.1It shall be unlawful for any person to hunt liberated game on licensed game preserves from April 1 through October 14.3 DE Reg.   289 (8/1/99) 
3 DE Reg. 1738 (6/1/00)

7.0Deer (Formerly WR-7)

(Penalty Section 7 Del.C. §103(d))
7.1Limit.
 7.1.1Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to:
7.1.1.1Kill or take or attempt to kill or take more than four antlerless deer in any license year;
7.1.1.2Kill or take four antlerless deer in any license year without at least two of the four deer being female deer; or
7.1.1.3Possess or transport any an antlered deer that was unlawfully killed.
7.1.1.4Possess or transport an antlerless deer that was unlawfully killed.
7.1.1.5Kill any antlered deer without first purchasing a Delaware Resident CombinationHunter’s Choice Deer tag and Quality Buck Deer Tag, or a Delaware Non Resident Antlered Deer Tag, or a Non-Resident Quality Buck Deer Tag except that persons exempt from purchasing a hunting license shall be entitled to take one Hunter’s Choice deer at no cost.
7.1.2For the purposes of this section, a person “driving deer” and not in possession of any weapon or firearm shall not be treated as if they are hunting deer, provided they are assisting lawful hunters.
7.1.3It shall be unlawful for any person to purchase, sell, expose for sale, transport or possess with the intent to sell, any deer or any part of such deer at any time, except that hides from deer lawfully killed and checked may be sold when tagged with a non-transferable tag issued by the Division. Said tag must remain attached to the hide until it leaves the State or is commercially processed into leather. This subsection shall not apply to venison approved for sale by the United States Department of Agriculture and imported into Delaware.
7.1.4Notwithstanding subsection 7.1.1 of this section, a person may purchase Antlerless Deer Tags for $10 each to kill or take additional antlerless deer during the open season. Hunters may take additional antlerless deer on Antlerless Deer Damage Tags an no cost.
7.1.5Notwithstanding subsection 7.1.1 of this section, a person may use one Quality Buck tag to take an antlered deer with a minimum outside antler spread of fifteen inches, provided the tag is valid for the season in which it is used. Hunters exempt from the requirement to purchase a hunting license must purchase a Quality Buck tag in order to take a second antlered deer in any one license year. 
7.2Tagging and Designated Checking Stations.
7.2.1Attaching Tags. Each licensed person who hunts and kills a deer shall, immediately after the killing and before removing the deer from the location of the killing, attach an approved tag to the deer and record in ink the date of harvest on the tag. An approved tag shall mean an Anterless Deer Tag or Doe Tag received with the hunting license, a Delaware Resident Quality Buck Deer Tag, a Delaware Resident Hunter’s Choice Deer Tag, a Delaware Non Resident Quality Buck Deer Tag, a Delaware Non Resident Antlered Deer Tag, an Antlerless Deer Damage Tag, or an Antlerless Tag purchased in addition to the hunting license tags. Any unlicensed person not required to secure a license shall make and attach a tag to the deer that contains the person’s name, address and reason for not having a valid Delaware hunting license.
7.2.2Retention of Tag. The tag required by subsection 7.1.1 of this section shall remain attached to the deer until the deer is presented to an official checking station for examination and tagging or registered by phone or over the internet, as prescribed by subsection 7.1.3 of this section.
7.2.3Checking Stations. Each person who hunts and kills a deer shall, within 24 hours of killing said deer, present the deer to a checking station designated by the Division or to an authorized employee of the Division. Hunters may also check deer by phone or over the internet through systems authorized by the Division.
7.2.4Dressing.   It shall be unlawful for any person to remove from any deer any part thereof, except those internal organs known as the viscera, or cut the meat thereof into parts, until such deer has been examined by an authorized employee of the Division or a checking station, as prescribed by subsection 7.1.3 of this section or registered using the phone or internet system.
7.2.5Receipt Tag. The Division shall issue, at a checking station or otherwise, an official receipt tag proving the deer was examined by an authorized employee of the Division or a checking station, as prescribed by subsection 7.1.3 of this section. The receipt tag shall remain with the deer until such time as the deer is processed for consumption or prepared for mounting. Deer checked over the phone or internet will be given a registration number. These deer shall be tagged by the hunter, butcher or taxidermist with the registration number, hunter’s first and last name, hunter’s date of birth, and date of kill. This tag may be homemade or be one provided by the Division and must remain with the head and/or carcass until the mount is picked up from the taxidermist or the meat is processed and stored as food.
7.3Method of Take.
7.3.1Shotgun. It shall be unlawful for any person to hunt deer during the shotgun season using a shotgun of a caliber smaller than 20 gauge, or have in his or her possession any shell loaded with shot smaller than what is commonly known as “buckshot.”
7.3.2Bow and Arrow. It shall be unlawful for any person to hunt deer during the longbow season and have in his or her possession any weapon or firearm other than a knife, a bow and sharpened broadhead arrows having minimum arrowhead width of 7/8 of an inch.
7.3.3Muzzle-loading Pistols. A single shot muzzle-loading pistol of .42 caliber or larger using a minimum powder charge of 40 grains may be used to provide the coupe-de-grace on deer during the primitive firearm season.
7.3.4Refuge in Water. It shall be unlawful for any person to shoot, kill or wound or attempt to shoot, kill or wound any deer that is taking refuge in or swimming through the waters of any stream, pond, lake or tidal waters.
7.3.5Dogs. It shall be unlawful for any person to make use of a dog for hunting during the shotgun or muzzleloader seasons for deer (in each county), except as permitted in the hunting of migratory waterfowl from an established blind or for hunting dove, quail, raccoon or rabbit on properties closed to deer hunting with firearms during December and January.
7.4Illegal Hunting Methods; Baiting.
It shall be unlawful for any person to set, lay or use any trap, snare, net, or pitfall or make use of any artificial light, or other contrivance or device, for the purpose of hunting deer. This subsection does not preclude the use of bait for the purpose of attracting deer in order to hunt them on private land.
7.5Seasons.
7.5.1Shotgun Seasons. Deer may be hunted with shotgun in accordance with the statutes and regulations of the State of Delaware governing the hunting of deer: from the Friday in November that precedes Thanksgiving by thirteen (13) days through the second Saturday succeeding said Friday; and from the Saturday that precedes the third Monday in January through the following Saturday in January.
7.5.2Archery Seasons. Deer may be hunted with longbow in accordance with statutes and regulations of the State of Delaware governing the hunting of deer: from September 1 (September 2, if September 1 is a Sunday) through the last day of January, provided hunter orange is displayed in accordance with § 718 of Title 7 when it also lawful to hunt deer with a firearm.
7.5.3Muzzleloader Seasons. Deer may be hunted with muzzle-loading rifles in accordance with the statutes and regulations of the State of Delaware governing the hunting of deer: from the Friday that precedes the second Monday in October through the second Saturday that succeeds the Friday opening day; and from the Monday that follows the close of the January shotgun season through the next Saturday.
7.5.4Special Antlerless Season. Antlerless deer may be hunted with a shotgun in accordance with the statutes and regulations of the State of Delaware governing the hunting of deer during all Fridays, Saturdays and Mondays in October except for during the October Muzzleloader season and the last Monday prior to the opening Friday of the October Muzzleloader season. Notwithstanding the foregoing, antlered deer may be taken with archery equipment that is legal during this October shotgun season. Antlerless deer may be hunted with shotgun in accordance with the statutes and regulations of the State of Delaware governing the hunting of deer: from the second Saturday in December through the third Saturday in December.
7.5.5Crossbow Seasons. Crossbows may be used in lieu of shotguns during that part of the November shotgun season that runs from Monday through Saturday of each year and in any shotgun or muzzleloader deer season open in December or January.
7.5.6Special Shotgun Season for Young and Disabled Hunters. Deer may be hunted on the first Saturday of November by disabled (non-ambulatory) hunters using a wheelchair for mobility, and hunters 12 10years of age or older but less than 16 years of age (12 10 to 15 inclusive) who have completed an approved course in hunter training. Hunters 13-15 years of age must have completed an approved course in hunter training and possess a Delaware Resident or Non-Resident Junior Hunting License. Young hunters must be accompanied by a licensed non-hunting adult who is 21 years of age or older. Young hunters must be of sufficient size, physical strength and emotional maturity to safely handle a shotgun.
7.6Carcass Importation Ban.
7.6.1Importation. It shall be unlawful to import or possess any carcass or part of a carcass of any member of the family Cervidae (deer) originating from a state or Canadian province in which Chronic Wasting Disease has been found in free-ranging or captive deer. Notwithstanding the foregoing, the following parts may be imported into the state:
7.6.1.1Boned-out meat that is cut and wrapped;
7.6.1.2Quarters or other portions of meat with no part of the spinal column or skull attached;
7.6.1.3Hides or capes with no skull attached;
7.6.1.4Clean (no meat or tissue attached) skull plates with antlers attached;
7.6.1.5Antlers (with no meat or tissue attached); 
7.6.1.6Upper canine teeth (buglers, whistlers, or ivories); and
7.6.1.7Finished taxidermy products.
7.6.2Carcass Notification. Any person who imports into Delaware any deer carcass or parts described in subsection 7.6.1 of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.3 DE Reg.  289 (8/1/99) 
6 DE Reg. 536 (10/1/02) 
8 DE Reg. 352 (8/1/04)
11 DE Reg. 334 (09/01/07)

8.0General Rules and Regulations Governing Land and Waters Administered by the Division (Formerly WR-8)

(Penalty Section 7 Del.C. §103(d))
8.1Motorized Vehicles.
8.1.1General. It shall be unlawful for any person to drive or operate a motorized vehicle upon any lands administered by the Division, except on established roads or as otherwise authorized by the Director.
8.1.2Noise. It shall be unlawful for any person to drive or operate a motorized vehicle upon any lands administered by the Division, unless such vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
8.1.3Speed Limit. It shall be unlawful for any person to drive or operate a vehicle in excess of twenty (20) miles per hour when on lands administered by the Division, unless otherwise authorized by the Director.
8.1.4Unlicensed Vehicles. It shall be unlawful for any person to drive or operate any motorized vehicle upon any lands administered by the Division, unless said vehicle is licensed for use upon public highways and roadways or the driver or operator of said vehicle has been issued a permit from the Division.
8.1.5Parking.
8.1.5.1It shall be unlawful for any person to park any vehicle on lands administered by the Division in such a manner as to obstruct the use of a boat ramp, roadway or trail. Any vehicle parked in such manner shall be subject to removal, and the owner of said vehicle shall bear all costs involved with such removal.
 8.1.5.2Unless otherwise authorized by the Director, it shall be unlawful for any person to park and leave unattended any vehicle or trailer in any Division parking lot, unless said lot is lawfully being used for direct access to lands or waters administered by the Division.
8.1.5.3Unless otherwise authorized by the Director, it shall be unlawful for any person to leave any vehicle on lands administered by the Division for a period exceeding 24 hours.
8.2Conditions of Use.
8.2.1Trespass. It shall be unlawful for any person to enter upon lands or waters administered by the Division when those lands or waters have been closed by the Division to: protect public safety; protect Department property; or manage wildlife. Persons shall adhere to special entry restrictions as listed on official area maps signed by the Division Director.
8.2.2Hours of Entry. It shall be unlawful for any person to be present upon lands or waters administered by the Division between sunset and sunrise, unless such person is lawfully hunting or fishing or has been authorized by written permission of the Director.
8.2.3Camping. It shall be unlawful for any person to camp on lands administered by the Division, except conservation oriented groups may, with written permission of the Director, camp in areas specified in such permit.
8.2.4Swimming. It shall be unlawful for any person to swim in waters administered by the Division, except by written permission of the Director.
8.2.5Dumping.
8.2.5.1It shall be unlawful for any person to place, dump, deposit, throw or leave any garbage, refuse or similar debris within or upon any lands or waters administered by the Division, except in receptacles provided for such purpose;
8.2.5.2It shall be unlawful for any person to bring any trash, refuse or similar material onto lands administered by the Division for the purpose of disposing such in Division receptacles.
8.2.5.3Unless otherwise authorized by the Director, it shall be unlawful for any person to deposit any material, structure, debris or other objects on lands or waters administered by the Division.
8.2.6Destruction of State Property.
8.2.6.1It shall be unlawful for any person to deface, damage, remove or alter any structures, buildings, natural-land features, or other property or equipment belonging to the Division.
8.2.6.2Unless authorized by the Division for management, research or educational purposes, it shall be unlawful for any person to cut, injure or remove trees, shrubs, wildflowers, ferns, mosses or other plants from lands administered by the Division.
8.2.6.3It shall be unlawful for any person to erect or use any portable or permanent deer stand that involves the use of nails or screws placed in a tree.
8.2.6.4Unless otherwise authorized by the Director, it shall be unlawful for any person to kindle, build, maintain or use a fire on lands administered by the Division.
8.3Hunting and Firearms.
8.3.1Hunting.
8.3.1.1It shall be unlawful for any person to hunt on lands administered by the Division, except as permitted by the Director in writing and specified on current wildlife area maps distributed by the Division.
8.3.1.2A daily permit must be obtained before hunting waterfowl at Augustine, Cedar Swamp, Little Creek, Woodland Beach, Ted Harvey, Prime Hook and Assawoman wildlife areas. Permits may be obtained on-site from an authorized agent of the Division and must be returned upon leaving the area. The Director may specify the hours of a permit's effectiveness and determine the conditions of its issuance.
8.3.2Waterfowl.
8.3.2.1It shall be unlawful for any person to hunt waterfowl on areas administered by the Division, except from State built blinds, or other blinds authorized by the Division, or by written permission of the Director.
8.3.2.2It shall be unlawful for any person to enter tidal and/or impounded areas administered by the Division during the waterfowl season, except for access as authorized by paragraph (1) of this subsection.
8.3.3Trapping. It shall be unlawful for any person to trap or attempt to trap on areas administered by the Division, except for: persons holding a valid contract with the Division to do so; authorized agents of the Division who are conducting authorized wildlife management practices; or scientific purposes as specifically authorized in writing by the Director.
8.3.4Firearms on Division Areas.
8.3.4.1It shall be unlawful for any person to possess a firearm on lands or waters administered by the Division from March 1 through August 31, except as authorized by the Director in writing.
8.3.4.2It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms.
8.3.4.3It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division on Sunday, except in areas designated by the Director or with a permit from the Director.
8.3.4.4It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division for any purpose, including target shooting, other than to hunt during an open season, under conditions approved by the Director and specified on the current wildlife area map.
8.3.5Dikes. It shall be unlawful for any person to be in possession of any firearm on any dike administered by the Division, unless such person is temporarily crossing a dike at a ninety degree angle or traversing a dike to reach a Division authorized deer stand location during a deer firearms hunting season.
8.3.6Deer Hunting By Driving. It shall be unlawful for residents to participate in deer drives, except where authorized on current wildlife area maps between the hours of 9:00 a.m. and 3:00 p.m. No more than six (6) resident hunters may participate in driving deer at any one time. Nonresidents may not participate in deer drives at any time. Nonresidents are restricted to hunting deer from stationary locations. Nonresidents may not possess a loaded firearm during the deer season, except to hunt from a stationary location or to retrieve a deer that they wound.
8.4Horses and Bicycles. It shall be unlawful to ride horses or bicycles on, or allow horses to use, any lands or waters administered by the Division, except on established roads or trails that have been designated by the Division for such purposes on current wildlife area maps.
8.5Concessions, Posters and Solicitations.
8.5.1It shall be unlawful for any person to erect, post or distribute any placard, sign, notice, poster, billboard or handbill on lands or waters administered by the Division without written authorization of the Director.
8.5.2It shall be unlawful for any person to engage in the vending of merchandise, food or services on lands or waters administered by the Division without written authorization of the Director.
8.5.3It shall be unlawful for any person to do any form of solicitation for money or goods on any lands or waters administered by the Division without written authorization of the Director.
8.6Firewood. It shall be unlawful for any person to remove firewood from lands administered by the Division without a permit from the Division, except when special firewood areas are designated by the Director in writing.
8.7Dog Training.
8.7.1General. It shall be unlawful for any person to train a dog on lands or waters administered by the Division, except:
8.7.1.1During open hunting seasons for the game that the dog is being trained to hunt;
8.7.1.2Within a dog training area established by the Division; and
8.7.1.3As permitted by the Director in writing on current wildlife area maps.
8.7.2C&D Canal Summit Area. – It shall be unlawful for any person to enter the dog training area west of the Summit Bridge (Rt. 896), designated on the current wildlife area map of the C&D Canal Wildlife Area, for any purpose other than to train dogs or hunt for deer during the shotgun deer seasons. It shall be unlawful for any person to fish, operate a model or full size boat, ride horses or bicycles, or conduct any other activity on the area.
8.8Geocaching
8.8.1It shall be unlawful to place caches or letterboxes on Division of Fish and Wildlife property without a permit from the Division. Permits may be obtained by submitting a completed permit application to the appropriate Fish and Wildlife Regional Office. The proposed caching location will be specified in the application. The Regional Fish and Wildlife Manager will review and approve or deny the permit request. A permit will be valid for a maximum of one year from the date of issue at which time the geocache or letterbox must be removed or re-permitted. The permitted time frame will be determined by the area manager and be based on the local wildlife species present and the management activities planned for the area. The area manager will be provided the location of the cache or letterbox and may remove it at his or her discretion, with notice to the permit holder, should circumstances warrant. Online geocache and letterbox descriptions, such as those on geocaching.com or letterboxing.org must include information about access during hunting seasons and provide a link to Delaware Division of Fish and Wildlife Hunting Information.Geocache and letterbox contents must be suitable for all ages. Food, alcohol, tobacco, weapons or other dangerous items, prescription or illegal drugs and adult items are prohibited. From September 1st. through February 15th. of each year and during the spring turkey hunting season, the placement of or searching for geocaches and letterboxes may only occur on Sundays from sunrise to sunset. During the remainder of the year, geocaching and letterbox activities may occur 7 days per week from sunrise to sunset.3 DE Reg.   289 (8/1/99)
11 DE Reg. 334 (09/01/07)

(Break in Continuity of Sections)
20.0Game Bird Releases

(Penalty Section 7 Del.C. §103(d))
20.1Permit for releasing game birds
20.1.1All persons possessing or releasing 25 or fewer domestically raised quail, chukar partridge, Hungarian partridge and pheasants into the wild must obtain a permit from the Division. This permit is free.
20.2Banding Released Game Birds.
20.2.1All domestically raised quail, chukar partridge, Hungarian partridge and pheasants must be leg banded with a Division approved band before being released into the wild. Permitted banders must report the band numbers of birds released, the type of bird released (quail, chukar partridge, Hungarian partridge or pheasant) and the release date and location.


may obtain a copy from Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904, (302) 739-4567.
1501 Equal Accommodations RegulationsIntroduction
These Rules and Regulations have been prepared pursuant to the powers granted the Human Relations Commission and are intended to meet the applicable requirements of the Administrative Procedures Act.
These Regulations shall govern individual cases over which the Human Relations Commission and the Division of Human Relations have jurisdiction pursuant to 6 Del.C. Ch. 45, as it may be amended from time to time.
These Regulations refer to "hearings" for case decisions only and are, therefore, to be distinguished from any other public hearings which may be held by the Commission to address general issues of public concern and which are not controlled by these Regulations.
These Rules and Regulations are specific to the processing of complaints of discrimination under the Delaware Equal Accommodations Law. The Commission believes these Rules and Regulations are necessary to ensure the appropriate administration of the Equal Accommodations Law.
These Regulations shall apply to Equal Accommodation causes of action arising under the Delaware Equal Accommodations Law on or after July 1, 1996. Delaware Fair Housing Act actions under 6 Del.C. Ch. 45 are not affected by these Regulations.
1.0Definitions (Formerly Part I)
2.0Commencement of Proceedings (Formerly Rules 1, 2, 3, 4, 5, 6 & 7)

3.0Response to Complaint (Formerly Rule 8)

4.0Amending a Complaint (Formerly Rule 9)

5.0Case Closing Prior to Hearing (Formerly Rule 10)

5.1.5.1the Commission does not have jurisdiction to determine the case; or
5.1.5.2the facts alleged do not state a violation of the law.7 DE Reg. 793 (12/1/03)

6.0Investigation (Formerly Rule 11)

7.0Conciliation (Formerly Rules 12, 13 and 14)

8.0Hearings (Formerly Rules 15, 16, 17, 18, 19, 20, 21, 22 and 23)

9.0Decision and Orders (Formerly Rules 25, 26, and 27)
7 DE Reg. 793 (12/1/03)

10.0Recovery of Attorney’s Fees and Expenses (Formerly Rule 28)

11.0Miscellaneous Provisions (Formerly Rules 29, 30, 31, 32, 33, and 34)

11.1.2.1with or without motion or notice, order the period enlarged if the request therefore is made before the expiration of the period originally prescribed or as extended by a previous order; or
11.1.2.2upon a motion made after the expiration of a specified period, permit the act to be done where the failure to act was the result of excusable neglect.
11.2.2.1Where a Party is represented by an attorney, service shall be made on the attorney only.
1502 Fair Housing Regulations
ADOPTED: APRIL 8th, 1993
EFFECTIVE: MAY 10th, 1993
Introduction
Pursuant to the authority granted to the Human Relations Commission under 6 Del.C. §4616 of the Delaware Fair Housing Act, and in accordance with the applicable requirements of The Administrative Procedures Act, the Human Relations Commission has adopted these rules and regulations to carry out the Delaware Fair Housing Act (The Act).
These regulations shall govern individual cases over which the Human Relations Commission and the Division of Human Relations have jurisdiction pursuant to 6 Del.C., Ch. 46.
These procedural regulations are intended to carry out the Delaware Fair Housing Act prohibiting unlawful discrimination in housing, and to enable the Commission to achieve equal or greater protection, thereby allowing eligibility for certain Federal funding necessary to carry out this function as a substantially equivalent agency.
These rules and regulations are specific to the processing of complaints of unlawful housing discrimination under the Delaware Fair Housing Act. The Commission believes these rules and regulations are necessary to ensure the appropriate administration of the Fair Housing Act and in order that the commission will be regarded as a substantially equivalent agency.
1.0Definitions

2.0Filing a Complaint

2.5.2.1Full name and address of Complainant(s).
2.5.2.2Full name and address of Respondent (s), if known, identifying whether each Respondent is an individual, partnership, corporation, etc.
2.5.2.3The alleged discriminatory housing practice(s). A concise statement of the facts thereof.
2.5.2.4The date (s) of the alleged discriminatory practice (s) and whether the practice(s) is/are of a continuing nature together with the duration of such continuing practice(s).
2.5.2.5The signature of Complainant or his/her attorney or, in the case of a minor, a parent, or guardian. Such signature shall be notarized as a verified complaint. The Division of Human Relations shall provide such notarial service without charge for persons coming into the office.
3.0Answer to Complaint

4.0Investigation of the Complaint

5.0Conciliation and Agreement

5.4.1binding arbitration to resolve the dispute; payment of damages;
5.4.2compensation or other monetary relief;
5.4.3payments made to the Special Administration Fund of the Human Relations Commission under 31 Del.C., Ch. 30;
5.4.4monitoring of future activities;
5.4.5affirmative action measures;
5.4.6closing or terminating the case; and
5.4.7other relief agreed upon by the parties that will further the purposes of the Act.
6.0Administrative Closure

7.0Charge and Answer

8.0Appointment of Panel

9.0Expedited Discovery after a Charge is Filed

10.0Pre-hearing Production Requirements

11.0Hearings

11.6.2.1All witnesses shall be sworn by the court reporter. If a court reporter is not present, witnesses shall be sworn by the Panel Chair.
11.6.2.12Formal rules of evidence need will not be strictly followed.
11.6.2.23Examination shall be preserved and may be conducted by a party who represents himself or herself, an attorney admitted to practice in Delaware who represents a party, or the Commission Panel.
11.6.2.34Witnesses may be sequestered at the discretion of the Commission Panel.
11.6.2.45Evidence on behalf of the Complainant should ordinarily be introduced first, to be followed by the Respondent, then allowing rebuttal, if any.
11.6.2.56The Panel may continue a hearing from day to day or adjourn it to a later date or to a different place by so announcing at the Hearing or by appropriate notice to all parties.
11.6.2.67Following presentation of the evidence an opportunity shall be given to each party to make a closing statement.
11.6.2.78The Panel may re-call the parties for further testimony if it is unable to reach a decision.
12.0Decision and Orders
13.0Recovery of Attorney’s Fees, Costs, and Expenses

14.0Miscellaneous Provision

14.1.2.1with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order or
14.1.2.2upon motion made after the expiration of specified period permit the act to be done where the failure to act was the result of excusable neglect.
15.0Regulations related to Housing for Older Persons.

15.2.1.1In computing whether the 80% occupancy test is met, unoccupied units are not included in the calculation.
15.2.1.2Units occupied by persons under age 55 who are employees of the housing facility are not considered in determining whether housing qualifies as housing for persons age 55 or older.
15.2.1.3Units occupied by persons under age 55 who are necessary to provide a reasonable accommodation to residents with disabilities are not considered in determining whether housing qualifies as housing for persons age 55 or older.
15.2.1.4A unit that is temporarily vacant is deemed to be occupied by a person 55 or older if, within the preceding 12 months, the unit was occupied by a person 55 or older who intends to periodically return.
15.2.1.5Owners or managers must maintain records demonstrating that at least 80% of the units are occupied by at least one person age 55 or older. These records shall include biennial surveys made to confirm the ages of occupants by reliable documentation, such as drivers’ licenses, passports, etc. Surveys shall be made available to the Division for inspection if a complaint of discrimination is filed.8 DE Reg. 591 (10/01/04)



DEPARTMENT OF TRANSPORTATIONDIVISION OF MOTOR VEHICLESStatutory Authority: 21 Delaware Code, Sections 302, 2708, 2709, 4362, 4363 and 4364
(21 Del.C. §§302, 2708, 2709, 4362, 4363 & 4364)
2 DE Admin. Code 2222

PUBLIC NOTICE
The Delaware Division of Motor Vehicles gives notice of intent to adopt proposed Division of Motor Vehicles Regulation 2222 relating to school bus driver qualifications and endorsements.
Any person who wishes to make written suggestions, briefs or other written materials concerning this proposed new regulation must submit the same to Scott Vien, CDL Program Manager, Delaware Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19903, or by fax to (302) 739-2602 by August 31, 2008.
2222 School Bus Driver Qualifications and Endorsements(Formerly Regulation No. 35)
1.0Authority

2.0Purpose

3.0Applicability

4.0Definitions. 

•Has a gross combination weight rating (GCWR) of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; or
•Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or
•Is designed to transport 16 or more passengers, including the driver; or
•Is of any size and is required to be placarded for the transportation of hazardous materials.
5.0Substance of Policy

5.1.1.1Basic. School bus drivers are required to have been issued and have in their possession, while driving a school bus, a CDL with an S endorsement, a passenger endorsement (P, Q or R), and a valid physical examination certification (Green Card).
5.1.1.2Exceptions. These exceptions are only for drivers undergoing school bus training and evaluation.
5.1.2.1Be 18 years of age or older with at least one (1) year of valid driving experience.
5.1.2.2Have a valid Delaware CDL with a passenger (P, Q or R) endorsement.
5.1.2.3Complete a driver training course with specific course content as determined by 49 C.F.R. 383.123(a)(2) and DOE requirements as specified in 21 Del.C. §2708(b)(3). 
5.1.2.4Pass the school bus knowledge test administered by DMV containing specific content as required by 49 C.F.R. 383.123(a)(2).
5.1.2.5Pass a road test in a school bus administered by DMV as required by 49 C.F.R.383.123 (a)(3).
5.1.2.6Not have more than five (5) points (full point value) on the applicant’s three (3) year driving record. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to S endorsement holders in meeting this requirement.
5.1.2.7Not have had the applicant’s license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last five (5) years. This five (5) year period will begin from the date the suspension, revocation or disqualification has been cleared. Certified driving records from other jurisdictions may be requested from these applicants for DMV to verify compliance with this section.
5.1.2.8Never been convicted of any crime under the laws of this State or any other jurisdiction as specified in 21 Del.C. §2708(b)(7). 
5.1.2.9Have a valid physical examination certification (Green Card).
5.1.2.10The applicant will be issued a School Bus Driver’s Certificate (Yellow Card) by a district/school transportation supervisor as certification of DOE requirements being completed as specified in 21 Del.C. §2708(b)(3). The applicant will surrender the Yellow Card to DMV when the applicant’s CDL and/or school bus (S) endorsement is issued. DMV will forward the Yellow Cards to DOE.
5.1.2.11Drivers transferring into Delaware with other jurisdiction school bus endorsed licenses will be required to meet all Delaware Initial Issuance Requirements (5.1.2 this regulation).
5.1.3.1All school bus (S) endorsement removals, except those under 5.1.3.8 below, will be approved by the Chief of Driver Services, the CDL Program Manager or the CDL Management Analyst. 
5.1.3.2The school bus (S) endorsement will be removed when driving privileges are withdrawn.
5.1.3.3The school bus (S) endorsement will be removed when a driver’s record exceeds eight (8) points (full point value) for moving violations on the driver’s three (3) year driving record. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to S endorsement holders in meeting this requirement.
5.1.3.4The school bus (S) endorsement will be removed when the DMV is made aware of a conviction of a disqualifying crime as specified in 21 Del.C. §2708(b)(7). 
5.1.3.5The school bus (S) endorsement will be removed when the DMV receives in writing, a report from a physician that a driver is not medically qualified to operate a motor vehicle and/or commercial motor vehicle as specified in 21 Del.C. §2733(a)(3).
5.1.3.6The school bus (S) endorsement will be removed if a driver downgrades from a CDL to a Class D license.
5.1.3.7Any driver that has a school bus (S) endorsement and is required to register as a sex offender with DMV pursuant to 11 Del.C. §4120 and § 4121, shall have the school bus (S) endorsement removed.
5.1.3.8DMV will notify the S endorsement holder and DOE, in writing, when an S endorsement is removed from a license including the reason for removal. This notification will entitle the S endorsement holder to request a DMV hearing and will also require the S endorsement holder to notify his/her employer.
5.1.4.1If the school bus (S) endorsement was removed for points, the driver shall be eligible for reinstatement once the full point total on his/her three (3) year driving record falls to eight (8) points or below. NOTE: Recalculated points and the Defensive Driving Course three (3) point credits do not apply to school bus drivers in meeting this eligibility.
5.1.4.2If the school bus (S) endorsement was removed due to a suspension, revocation or disqualification for moving violations, the driver shall be eligible to reapply for the school bus (S) endorsement five (5) years from the date the suspension, revocation or disqualification has been cleared, as long as there are no further violations incurred affecting eligibility during this time period.
5.1.4.3If the school bus (S) endorsement was removed due to a medical reason, the driver may be eligible for reinstatement once approved by the DMV.
5.1.4.4If the driver voluntarily downgrades from an S endorsed CDL to a Class D license and then the driver wishes to reinstate the S endorsed CDL, the driver will be required to meet the initial issue requirements in accordance with 5.1.2 of this regulation, if the downgrade has been over one (1) year, including providing a new School Bus Driver’s Certificate (Yellow Card).
5.1.4.5Any driver that has been convicted of a disqualifying crime as outlined in 21 Del.C.§2708(b)(7)(a-f) will never be eligible for a school bus (S) endorsement or reinstatement regardless of the amount of time since the conviction.
5.1.4.6After five (5) years has passed since the completion of all sentencing requirements resulting from the conviction of any other felony crime, other than those listed in 21 Del.C.§2708(b)(7)(a) through (f), and which have not been pardoned, then 21 Del.C. §2708(b)(7)(g) applies, and the driver must reapply as a new applicant for a school bus (S) endorsement. DMV may seek DOT Deputy Attorney General guidance/clarification in these situations.
6.0Severability

7.0Effective Date









 




 




 




 





 







 



















STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER ONE HUNDRED SEVEN
RE:Terminating Drought Watch
WHEREAS, on October 20, 2007, I issued Executive Order No. 103, declaring a statewide drought watch, pursuant to Section 3116, Title 20 of the Delaware Code and recommending voluntary conservation measures to preserve the water supply in the State of Delaware; and
WHEREAS, stream flows and ground water levels are now at normal levels; and
WHEREAS, the Water Supply Coordinating Council has unanimously recommended that the drought watch be rescinded,
NOW THEREFORE, I, RUTH ANN MINNER, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order as follows:
1.The drought watch implemented by Executive Order No. 103, is terminated, effective immediately.
2.Citizens of the State are commended for their efforts to reduce water use during the drought watch.
Approved: April 23, 2008
Ruth Ann Minner,
Governor
ATTEST:
Harriet Smith Windsor, Secretary of State
EXECUTIVE ORDER
NUMBER ONE HUNDRED EIGHT
RE:National Law Enforcement Officers Memorial Flag
WHEREAS, there have been 23 Delaware State Troopers who have died in the line of duty; 
WHEREAS, it is important to remember these lost heroes and to honor them for giving their lives while serving the public;
WHEREAS, a specifically designed flag honoring fallen officers is flown over the National Law Enforcement Officers Memorial in Washington, D.C. every day in appreciation of law enforcement officers who have made the ultimate sacrifice and their survivors; 
WHEREAS, this same flag should be flown over Delaware soil every day to honor those that gave their lives protecting the citizens of Delaware,
NOW THEREFORE, I, RUTH ANN MINNER, by virtue of the authority vested in me as Governor of the State of Delaware do hereby declare and order as follows:
1.The National Law Enforcement Officers Memorial Flag shall be flown or prominently displayed at each Delaware State Police facility.
Approved: May 7, 2008
Ruth Ann Minner,
Governor
ATTEST:
Harriet Smith Windsor, Secretary of State




Advisory Council on Tidal FinfisheriesDewayne A. Fox, Ph.D.06/30/2013
Mr. Kenneth H. Logan06/28/2012
AldermanMr. Stephen E. Simmons06/28/2009
Board of AccountancyMr. James A. Cohee06/10/2011
Board of ArchitectsMr. Joseph J. Schorah, Jr.06/10/2011
Board of Cosmetology and BarberingMs. Leila Lord-Dufaj06/10/2011
Board of EducationMr. G. Patrick Heffernan06/25/2014
Board of Examiners of PsychologistsSteve K. D. Eichel, Ph.D.06/06/2009
Mark C. Fleming, Ph.D.07/02/2011
Board of GeologistsMs. Patricia C. Ennis06/10/2011
Board of Landscape ArchitectureMr. Goodwin K. Cobb, IV06/10/2011
Board of Medical PracticeGregory D. Adams, M.D.06/02/2011
Mr. John W. Banks06/02/2011
Mr. George E. Brown06/02/2011
Oluseyi N. Senu-oke, M.D.06/02/2011
Board of Pension TrusteesMs. Helen R. Foster05/07/2012
Board of Professional Counselors of MentalMs. Lisa D. Ritchie06/10/2011
Health and Chemical Dependency
Professionals
Board of Professional Land SurveyorsMr. Joseph M. McDonough03/23/2009
Cash Management Policy BoardJohn V. Flynn, Jr., Ph.D.06/12/2011
Child Placement Review Board ExecutiveMs. Janice K. Baly06/02/2011
Committee
Clean Water Advisory CouncilMr. Lee J. Beetschen06/30/2011
Mr. Manubhai C. Karia06/30/2011
Commission on Adult EntertainmentMr. James D. NutterAt the pleasure of
Establishmentsthe Governor
Commissioner of the Court of Common PleasThe Honorable Mary M. McDonough06/30/2014
Council on Apprenticeship and TrainingMr. John M. Hagelstein01/30/2009
Mr. R. Joseph Johnson06/02/2011
Mr. David G. Kitto06/02/2011
Mr. Andrew S. Nowell06/02/2011
Council on Boiler SafetyMr. Carl D. Kinney, Sr.06/02/2011
Council on Real Estate AppraisersMr. Bradford T. Levering05/06/2011
Council on Shell FisheriesMr. Steven Copp06/02/2011
Mr. Patrick M. Gaffney06/02/2011
Mr. Virgilio Pacelli06/02/2011
Mr. Paul A. Satterfield06/02/2011
Mr. Robert G. Thompson06/02/2011
Court of Common PleasThe Honorable John K. Welch06/30/2020
Delaware Economic and FInancial AdvisoryMr. John J. Casey, Jr.At the pleasure of
Councilthe Governor
The Honorable William A. Oberle, Jr.At the pleasure of
the Governor
Delaware Gaming Control BoardMs. Sharon M. McDowell06/30/2011
Delaware Interscholastic Athletic AssociationMs. Edna L. Cale06/30/2009
Mr. Ronald B. Eby06/30/2011
Mr. Eugene F. Montano06/30/2011
Mr. Randall E. O’Neal06/25/2011
R. Dianne Sole, Ed.D.06/30/2011
Ms. Teresa A. Taylor06/30/2011
Mr. Michael T. Wagner06/30/2009
Delaware Solid Waste AuthorityMr. Gerard L. Esposito06/25/2011
Enhanced 911 Emergency Reporting SystemThe Honorable Finley B. Jones, Jr.06/30/2011
Service Board
Environmental Appeals BoardMr. Michael A. Horsey06/30/2011
Health Care Advisory PanelBarry L. Bakst, D.O.05/15/2011
Ms. Linda Y. Cho05/15/2011
Mr. James E. Downing, M.D.05/15/2011
Mr. A. Richard Heffron05/15/2011
R. Walter Powell, M.D.06/12/2011
Justice of the PeaceThe Hon. Laurence L. Fitchett, Jr.07/05/2014
The Honorable John D. McKenzie07/03/2014
The Honorable Jana E. Mollohan07/05/2014
The Honorable  James A. Murray07/07/2014
The Honorable Terry L. Smith07/07/2014
Mr. William S. Young, III07/21/2012
Manufactured Home Installation BoardMs. Kathleen A. Bartron01/24/2009
New Castle Vocational-Technical Board ofMr. Mark S. Stellini07/01/2015
Education
Poet LaureateMs. JoAnn A BalingitAt the pleasure of
the Governor
Professional Standards BoardCristy L. Greaves, Ed.D.06/30/2009
Ms. Samtra K. Devard06/12/2011
Mr. David S. Kohan06/30/2009
Ms. Jill T. Lewandowski06/28/2010
Ms. Whitney L. Price06/12/2011
State Employee’s Charitable CampaignMs. Mary E. GzymAt the pleasure of
Steering Committeethe Governor
Mr. Robert H. StrongAt the pleasure of
the Governor
Sussex County Vocational-Technical SchoolMark A. Isaacs, Ph.D.07/01/2015
Board of Education
Tax Appeals BoardMr. Steven R. Director06/30/2011
Ms. Cynthia L. Hughes06/30/2011
Mr. Todd C. Schiltz06/30/2011
University of Delaware Board of TrusteesMr. Everett C. Toomey06/25/2014
Violent Crimes Compensation BoardMr. Thaddeus A. Koston06/30/2011



DEPARTMENT OF FINANCEDIVISION OF REVENUE
TECHNICAL INFORMATION MEMORANDUM 2008-01
DATE: July 09, 2008
SUBJECT: Legislation passed during the Second Session of the 144th Delaware General Assembly.
During the Second Session of Delaware’s 144th General Assembly, ending June 30, 2008, eight (8) bills were enacted of interest to or having an impact on Delaware taxpayers and/or the state’s Division of Revenue. The subjects of these bills range from an increase in gross receipts tax rates (HB 513) to the creation of a ‘Retail Crime Unit’ to investigate and prosecute retail crime (HB458 w/HA1).
Legislation significant to Delaware’s Division of Revenue has been summarized below and is divided into two categories for retrieval ease: 
Legislation directly affecting tax procedures and filing requirements for businesses and individuals in the upcoming year; and 
Legislation implementing broad policy changes or altering Division of Revenue processes with little to no effect on tax-filing requirements for the upcoming year.
Bills in their entirety may be viewed on the Delaware General Assembly website: www.legis.delaware.gov.
This memorandum is intended for general notification and explanation of recently enacted Delaware laws and should not be relied upon exclusively in any pending or future audit or judicial review of an individual taxpayer or transaction. Taxpayers are advised to consult the particular bill, the Delaware Code, or Delaware regulations in all matters conflicting with any part of this memorandum.
Taxpayers with general questions about the application of Delaware law and procedures may call the Division of Revenue Help Line at (302) 577-8200, or visit the Division's website at [www.revenue.delaware.gov] where information about tax topics and links to phone numbers for other information may be found.
(I) Legislation directly affecting tax procedures and filing requirements for businesses and individuals in the upcoming year:
Senate Bill 334
Signed by Governor on 06/30/08
AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO ESCHEATS
This Act lowers the period of dormancy to 3 years for investment type properties. As federal securities laws generally require due diligence to be performed twice before the expiration of 3 years of dormancy and if an owner cannot be located within this period and reunited with their property the property shall now be turned over to the State in this shorter period of time as the holder has completed their due diligence requirements.
The Act became effective when signed on June 30, 2008 and therefore the first filing period will result in a three year catch up of property with a dormancy period of three, four and five years.
Senate Bill 335
Signed by Governor on 06/30/08
AN ACT TO AMEND TITLES 3 AND 12 OF THE DELAWARE CODE RELATING TO ESCHEATS
This Act provides for the escheat of monies due on unclaimed pari-mutuel tickets after a one year period of dormancy. The Act became effective when signed on June 30, 2008. Any pari-mutuel tickets sold prior to this date are not subject to this amendment.
House Bill 513
Signed by Governor on 07/01/08
AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO GROSS RECEIPTS TAXES
Delaware has enacted legislation increasing a number of gross receipts tax rates. The rate increases are effective for taxable periods beginning after December 31, 2008 and are repealed for taxable periods beginning after March 31, 2012. After March 31, 2012, the rates in effect before the increase are restored. 
Occupations requiring licenses. The gross receipts license fee for occupations requiring licenses rises from 0.307% to 0.384% of aggregate gross receipts. 
Contractors. The contractors' gross receipts license fee rises from 0.499% to 0.624% of aggregate gross receipts. Manufacturers. The manufacturers' gross receipts license fee rises from 0.144% to 0.180% of aggregate gross receipts. 
Wholesalers. The wholesalers' gross receipts license fee rises from 0.307% to 0.384% of aggregate gross receipts. 
Petroleum products wholesalers. The additional petroleum product wholesalers' gross receipts license fee rises from 0.192% to 0.240% of all taxable gross receipts derived from the sale of petroleum or petroleum products. 
Food processors wholesalers. The food processors wholesalers' gross receipts license fee rises from 0.154% to 0.192% of aggregate gross receipts. 
Commercial feed dealer wholesalers. The commercial feed dealer wholesalers' gross receipts license fee rises from 0.077% to 0.096% of aggregate gross receipts. 
Retailers. The retailers' gross receipts license fee rises from 0.576% to 0.720% of aggregate gross receipts. 
Transient retailers. The transient retailers' gross receipts license fee rises from 0.576% to 0.720% of aggregate gross receipts. 
Restaurant retailers. The restaurant retailers' gross receipts license fee rises from 0.499% to 0.624% of aggregate gross receipts. 
Farm machinery retailers. The farm machinery retailers' gross receipts license fee rises from 0.077% to 0.096% of aggregate gross receipts. 
Grocery store retailers. The grocery store retailers' gross receipts license fee rises from 0.307% of the first $2 million per month and 0.576% of aggregate gross receipts afterwards, to 0.315% of the first $2 million per month and 0.590% of aggregate gross receipts afterwards. 
Lessees. The leasing use tax rises from 1.536% to 1.92% of the rent paid under a lease of tangible personal property. 
Lessors. The lessors' gross receipts license fee rises from 0.230% to 0.288% of lease rental payments received. 
Senate Bill 213
Signed by Governor on 06/3/08
AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE PERTAINING TO THE DELAWARE BANK FRANCHISE TAX AND TITLE 30 OF THE DELAWARE CODE PERTAINING TO THE DELAWARE CORPORATION INCOME TAX
This Act recognizes the changing nature of the financial services industry by permitting certain types of corporations to apportion their apportionable income based on a single ratio of Delaware-sourced gross receipts from asset management services to all gross receipts from asset management services, rather than the 3 ratio average apportionment factor used by other corporations.
The Act creates a definition of an “asset management corporation,” which is a corporation, 90% or more of the federally reported gross receipts of which are derived from asset management services, which is also defined by the Act. The Act permits, but does not require, corporations that meet the criteria for treatment as asset management corporations to elect such treatment for each taxable year. Asset management services are services rendered with respect to intangible investments and consist of rendering investment advice, determining the timing of sales and purchases of intangible investments, selling and purchasing intangible investments, rendering administration and distribution services and managing contracts for sub-advisory services. The sourcing of gross receipts derived from providing asset management services is based generally on the domicile of the consumer of asset management services.
The Act prevents the election by subsidiary corporations of banking organizations, trust companies or electing banking organizations and trust companies under the Delaware Bank Franchise Tax to be taxed as asset management corporations under the Corporation Income Tax of Title 30 of the Delaware Code rather than under the Delaware Bank Franchise Tax under Title 5 of the Delaware Code.
House Bill 515
Signed by Governor on 07/01/08
AN ACT TO AMEND CHAPTER 82 OF TITLE 3 OF THE DELAWARE CODE PERTAINING TO THE VETERINARIAN SERVICES TAX AND OTHER MATTERS
This Act eliminates the veterinarian services tax credit after December 31, 2008. Veterinarians participating in the Animal Population and Control Program and Spay/Neuter Fund, after December 31, 2008, are entitled to monthly reimbursements for services rendered thereby eliminating the need for the tax credit. It also makes technical corrections and clarifies eligibility requirements for participation in the Spay/Neuter Program.
(II) Legislation implementing broad policy changes or altering Division of Revenue processes with little to no effect on tax-filing requirements for the upcoming year:
Senate Bill 336
Signed by Governor on 06/30/08
AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO GROSS RECEIPTS TAXES
This Act repeals the earmark of the lessees’ use and the lessors’ license taxes to the Transportation Trust Fund, which will result in the deposit of such taxes into the General Fund, upon enactment.
Patrick Carter, Director of Revenue




DEPARTMENT OF AGRICULTUREHARNESS RACING COMMISSION
NOTICE OF PUBLIC HEARING
501 Harness Racing Rules and Regulations
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rules 6 and 8. The Commission will hold a public hearing on the proposed rule changes on September 9, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on August 1, 2008.
The proposed changes are for the purpose of updating Rules 6 and 8 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml. A copy is also available for inspection at the Racing Commission office.

DEPARTMENT OF EDUCATIONThe State Board of Education will hold its monthly meeting on Thursday, August 21, 2008 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF MEDICAID AND MEDICAL ASSISTANCE
NOTICE OF PUBLIC COMMENT PERIOD
20800 Long Term Acute Care Program (SSI)In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend existing rules in the Division of Social Services Manual (DSSM) used to determine eligibility related to Long Term Care, specifically, the Acute Care Program.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
DIVISION OF SOCIAL SERVICES
NOTICE OF PUBLIC COMMENT PERIOD

1000 Responsibility for the Administration of Delaware's Assistance ProgramsIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the Responsibility for the Administration of Delaware’s Assistance Programs and Confidentiality.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
DIVISION OF SOCIAL SERVICES
NOTICE OF PUBLIC COMMENT PERIOD
FOOD STAMP PROGRAM
Citizenship and Alien Status 

9007.1 Citizens and Qualified AliensIn compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Citizenship and Alien Status.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
DIVISION OF SOCIAL SERVICES
NOTICE OF PUBLIC COMMENT PERIOD
FOOD STAMP PROGRAM

DSSM 9060, 9068.1 and 9085In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding Income Deductions, Certification Period Lengths and Reporting Changes.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by August 31, 2008. 
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.


DEPARTMENT OF INSURANCEPUBLIC NOTICE OF PROPOSED CHANGES TO THE DEPARTMENT OF INSURANCE'S REGULATION 301 RELATING TO AUDITED FINANCIAL REPORTS
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 301 relating to audited financial reports and financial statements of insurance companies.  The docket number for this proposed amendment is 810.
The purpose of the proposed amendment to Regulation 301 is to update the existing financial report and audit requirements by enacting the Model Regulation, as modified to conform to statutory law. The text of the proposed amendment is reproduced in the August 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner's website at: http://www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml.
The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:00 p.m., Tuesday September 2, 2008, and should be addressed to Mitchell G. Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to mitch.crane@state.de.us.

1000 DEPARTMENT OF LABOR1300 Division of Industrial Affairs
1310 The Office of Anti-Discrimination
NOTICE OF PUBLIC HEARING
1311 Office of Anti-Discrimination Rules and RegulationsThe Secretary of Labor in accordance with 19 Del.C. §712(a)(2) has proposed rules and regulations relating to the Delaware Department of Labor’s Office of Anti-Discrimination (“Anti-Discrimination Office”). These proposals set forth the Anti-Discrimination Office’s procedures for the handling of discrimination charges with coordinated instructions and procedures developed by the Anti-Discrimination Office Administrator and staff (“Rules and Regulations”).
A public hearing will be held before the Director of Industrial Affairs and Anti-Discrimination Office Administrator (collectively the “Department”) at 2:00 p.m. on September 24, 2008, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware  19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed Rules and Regulations may obtain a copy from Julie Klein Cutler, Administrator, Office of Anti-Discrimination, Division of Industrial Affairs, Department of Labor, 4425 N. Market Street, Wilmington, Delaware 19802.  Persons wishing to submit written comments may forward these to Ms. Cutler at the above address. The final date to receive written comments will be at the public hearing.
The Department will consider making a recommendation to the Secretary following the public hearing.


DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF FISH AND WILDLIFE
PUBLIC NOTICE
Title of the Regulations:
New Non-tidal Finfish Regulation 3311, Freshwater Fisherman Registry.
New Tidal Finfish Regulation 3567, Tidal Water Fisherman Registry.
Brief Synopsis of the Subject, Substance and Issues:
These proposed additions to the tidal and non-tidal fishing regulations would enable Delaware to provide a computerized registry of names, addresses, and phone numbers of saltwater anglers to the federal National Marine Fisheries Service so that Delaware may avoid requirements for federal licensing of Delaware saltwater anglers.   In order to improve upon present means of determining recreational catch and effort in marine waters, Congress authorized the National Marine Fisheries Service to compile a registry of all anglers fishing in saltwater beginning in 2009 and to begin charging for participation in this registry as of 2011. The fees so generated will be deposited in the federal treasury and not returned to the states according to existing federal plans. 
The National Marine Fisheries Service has determined that any state such as Delaware that already has a complete name and address file of marine recreational fishermen via state-issued recreational fishing licenses will be exempt from the federal registry and the federal fees to be imposed. Under Delaware’s present fishing license statutory requirements contained in Chapter 5 of 7 Delaware Code, Delaware would be classified by the National Marine Fisheries Service as a non-exempt state because the holder of a recreational boat license may take any number of non-licensed anglers with them on the licensed vessel, thus these unlicensed anglers would not be included in the database of all anglers. In addition, resident senior citizens age 65 and older also are exempt from Delaware recreational fishing license requirements. Therefore, to avoid a federal determination that Delaware is a non-exempt state, this regulation will establish a state-level registration process for all anglers fishing in Delaware at no additional cost to the angler. This new Delaware registration will be known as the F.I.N number (Fisherman Information Network). 
All prospective Delaware anglers age of 16 or older, whether they are licensed or not, will be required by this regulation to obtain a F.I.N number on an annual basis before fishing in Delaware’s waters. This requirement is similar to a federal registration known as the Hunter Information Program (H.I.P.) for all who intend to hunt migratory birds. This F.I.N. number may be obtained at no cost to the angler by calling a toll free number and providing the required information over the phone or by entering the required information on-line through an internet access portal designated by the Department for this purpose. Each person who requests a F.I.N. number should write this number on his or her Delaware fishing license, or for those who are legally unlicensed, be able to produce this number when challenged by an authorized enforcement agent. 
Both the appropriate web site address and toll-free number will be advertised and made readily available to all prospective Delaware anglers. The caller or computer user will be instructed to indicate whether they intend to fish in Delaware’s freshwaters, marine (tidal) waters, or both, and then give their name, address, and phone number. Once all Delaware fishermen have obtained a F.I.N. number, Delaware will be able to supply a complete computerized name, address, and telephone number file of saltwater anglers to the National Marine Fisheries Service so that Delaware may be exempt from the federal marine recreational fishing registry and associated federal charges.
Notice of Public Comment:
Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, (302) 739-3441. A public hearing on these proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover, DE at 7:00 PM on August 27, 2008. Individuals may present their opinion and evidence either at the hearing or in writing to Lisa Vest, Hearing Officer, Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901 or via e-mail to Lisa.Vest@state.de.us. The hearing record will remain open for written or e-mail comments until 4:30 PM August 31, 2008. 
DIVISION OF FISH AND WILDLIFE
PUBLIC NOTICE
SAN #2008-10, SAN#2008-11, SAN#2008-12, SAN#2008-13, SAN#2008-14, SAN#200815
Title of the Regulation:
3900 Wildlife Regulations
Brief Synopsis of the Subject, Substance and Issues:
3.0Federal Laws and Regulations Adopted (Formerly WR-3) 
This action is needed to establish in regulation the special 1 day waterfowl hunt for youth and disabled hunters and set the minimum participation age at 10 years old to conform to the minimum   age for hunter safety certification and to the special 1 day deer hunt for youth and disabled hunters. This action is needed to prohibit the possession and release of mute swans which are a non-native invasive species that can severely damage aquatic ecosystems and drive out native birds. 
5.0Wild Turkey (Formerly WR-5)
This action is needed to expand the opportunities for hunters to take a turkey education class and thus become eligible for a Delaware turkey hunting permit. There is a growing desire by non-residents of Delaware to come here to hunt turkeys. At this point in time, they have to travel to Delaware to take the mandatory turkey hunting safety class. This regulatory change will allow hunters to take comparable classes in their home state and then be certified to hunt in Delaware. This action is also needed to establish a youth day for Delaware turkey hunting as is offered for deer and waterfowl hunting. Because of the limited turkey hunting opportunities on public land in Delaware, this day would only apply to private land hunting. 
7.0Deer (Formerly WR-7)
This action is needed to correct an omission regarding the Non Resident Quality Buck Deer Tag making it a legally recognized tag. Secondly, this action is needed to clarify that only 2 antlered deer may be killed during a license year and it clarifies legal transportation of deer. Thirdly, children 10 years of age or older may take the Delaware General Hunter Education course and become certified. This regulatory amendment will provide conformity between the minimum age a child can be certified under the Hunter Safety Program and the age at which they may participate in the special Youth Day deer hunt. 
 8.0General Rules and Regulations Governing Land and Waters Administered by the Division (Formerly WR-8) 
As Delaware’s population grows and its open space declines, more people are seeking out State Wildlife Areas for outdoor activities that have nothing to do with wildlife. The Division’s goal is to accommodate these non-wildlife related activities in so far as they do not disrupt other citizens engaged in wildlife related pursuits on the areas. This action is needed to allow for geocaching on State Wildlife Areas while at the same time, separating it from hunting activity. This separation will prevent conflict and improve safety. Furthermore, this amendment will strengthen the trespass section of Regulation 8.0. The Division publishes annual maps and rules of all State Wildlife Areas. This change will allow for unique Wildlife Area entry restrictions to be published on area maps that will be backed up in regulation.  
20.0Game Bird Releases (New)
This action will require that all domestically raised quail, chukar partridge, Hungarian partridge and pheasants released into the wild be fitted with a Division approved leg band. As wild bird numbers decline, more hunters are releasing domestically raised game birds for hunting and dog training purposes. When hunters report harvested bird numbers on Division game surveys, it is unclear how many are wild birds. This makes it difficult to assess wild bird mortality and population levels and adjust hunting seasons and management efforts appropriately. To release banded game birds, a free Division permit will have to be obtained. This permit requirement will assist in determining the locations and numbers of released birds. Game harvest survey questions will be written to distinguish between wild un-banded birds and released banded birds. 
21.0Guide License Requirements (New)
This action is needed to define the requirements for a guide license as found in Title 7, Chapter 5. Licenses, of the Delaware Code. 
Notice of Public Comment:
These regulatory changes will be presented in a series of public hearings on August 25th. 2008 beginning at 6:30 p.m., DNREC Auditorium, 89 Kings Highway, Dover, Delaware. The hearing record for these proposed Regulations will remain open until 4:30 P.M., Sunday August 31, 2008. The order of hearings is as follows:
Regulation 3900.3 – Federal Regulations Adopted
Regulation 3900.5 – Wild Turkey
Regulation 3900.7 – Deer
Regulation 3900.8 – General Rules and Regulations Governing Land and Waters Administered by the 
Division. 
Regulation 3900.20 – Game Bird Releases
Regulation 3900.21 – Guide License Requirements
Written comments for the hearing record should be addressed to Kenneth Reynolds, 6180 Hay Point Landing Road, Smyrna, DE 19977 or to Kenneth.Reynolds@state.de.us. The record will remain open for written public comment until 4:30 P.M. August 31, 2008. 

DEPARTMENT OF STATEDIVISION OF PROFESSIONAL REGULATION
2500 BOARD OF PODIATRY
PUBLIC NOTICE
The Board of Podiatry (“Board”) was established to protect the public from unsafe practices and from occupational practices, which tend to reduce competition or fix the price of services rendered by the professions under its purview. The Board was further established to maintain minimum standards of practitioner competency and delivery of services to the public. The Board is authorized by 24 Del.C. §506(a)(1) to make, adopt, amend, and repeal regulations as necessary to effectuate those objectives.
Pursuant to 24 Del.C. §3706(a)(1), the Board has proposed amendments to its regulation section 5.0. Specifically, the proposed changes to section 5.0 Licenses (In-Training, Lapse/Renewal, Inactive) create a mandatory audit of all late-renewed licensees to verify compliance with the continuing education requirement. Other grammatical, typographic, or stylistic changes are also included.
In compliance with 29 Del.C. §10115, notice of the public hearing and a copy of the proposed regulatorychanges was published in the Delaware Register of Regulations, Volume 11, Issue 10, at page 1352 on April 1, 2008. The public hearing was originally scheduled for Thursday, July 17, 2008. That hearing has been rescheduled. The public hearing will now take place on Thursday, September 18, 2008 at 5:00 p.m. in the second floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904.
The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of David Mangler at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact David Mangler at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
HUMAN RELATIONS COMMISSION
NOTICE OF PUBLIC HEARING
1501 Equal Accommodations Regulations1502 Fair Housing Regulations
The State Human Relations Commission, in accordance with 29 Del.C. Chapter 101 and 6 Del.C. §4506, proposes amendments to the Equal Accommodations Regulations. The changes are required to clarify hearing procedures and to comply with changes to “The Delaware Equal Accommodations Law” 6 Del.C. Chapter 45, and 31 Del.C. Chapter 30, and other items.
The Commission also proposes amendments to the Fair Housing Regulations. The changes are required to clarify hearing procedures and to comply with changes to "The Delaware Fair Housing Act" 6 Del.C. Chapter 46, and 31 Del.C. Chapter 30, and other items.
A public hearing is scheduled for Thursday, September 11, 2008 at 7:00 p.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904, where members of the public may offer comments. The Commission will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Commission care of  Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904. The final date to submit written comments shall be at the public hearing. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from Sheryl A. Paquette, Division of Human Relations, 861 Silver Lake Blvd., Suite 205, Dover, DE 19904, (302) 739-4567.


DEPARTMENT OF TRANSPORTATIONDIVISION OF MOTOR VEHICLES
NOTICE OF PUBLIC COMMENT PERIOD
2222 School Bus Driver Qualifications and EndorsementsThe Delaware Division of Motor Vehicles gives notice of intent to adopt proposed Division of Motor Vehicles Regulation 2222 relating to school bus driver qualifications and endorsements.
Any person who wishes to make written suggestions, briefs or other written materials concerning this proposed new regulation must submit the same to Scott Vien, CDL Program Manager, Delaware Division of Motor Vehicles, P.O. Box 698, Dover, Delaware 19903, or by fax to (302) 739-2602 by August 31, 2008.