Secretary’s Order Pursuant to 29 Del.C. §10113(b)(5), and 14 Del.C. §122(a), the State of Delaware Department of Education issued on June 15, 2018 a Final Order amending 14 DE Admin. Code 601 to be consistent with the mandatory reporting requirements of 14 Del.C. §4112(b). Subsequently, the Department of Education realized that the regulation had already been amended in 2013 to bring it into compliance with 14 Del.C. §4112(b) and that the June 15, 2018 Order was not in compliance with 14 Del.C. §4112(b). 14 Del.C. §122(a) authorizes the Department to adopt regulations which are consistent with the laws of this State. 14 Del.C. §122(a) prohibits the publishing of regulations which conflict with any law of the State. Pursuant to 29 Del.C. §10119, the Department issued an Emergency Order withdrawing the Final Order dated June 15, 2018, to avoid the risk of harm to the health, safety and welfare of the citizens of Delaware that would result in the Regulation being adopted contrary to the statutory authority of the Department. Pursuant to 29 Del.C. §10119, the Department now issues a non-Emergency Final Order withdrawing its June 15, 2018 Final Order purporting to amend 14 DE Admin. Code 601. ORDER It is hereby ordered, the 13th day of July 2018, that the June 15, 2018 Final Order amending 14 DE Admin. Code 601 Schools and Law Enforcement Agencies is hereby withdrawn. Susan S. Bunting, Ed.D., Secretary of Education *Please Note: The current 601 Schools and Law Enforcement Agencies regulation is available at: http:// regulations.delaware.gov/AdminCode/title14/600/601.shtml REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Pursuant to 14 Del.C. Sections 122(b) and 303(a), the Secretary of Education seeks the approval of the State Board of Education to amend 14 DE Admin. Code 1007 DIAA Sportsmanship. The Delaware Interscholastic Athletic Association ("DIAA"), working in consultation and cooperation with the Department of Education ("Department"), developed the amendments to 14 DE Admin. Code 1007. The amendments include adding definitions for the terms "DIAA" and "Executive Director" to subsection 1.1; striking the terms Administrative Head of School," "Department," "Guardian or Legal Guardian," "Individualized Education Program or IEP," "Legally in attendance," and "State Board" from subsection 1.1 as those terms do not appear elsewhere in the regulation; and revising subsection 2.3, which concerns penalties for sportsmanship violations. Notice of the proposed regulation was published in the News Journal and Delaware State News on May 1, 2018 in the form attached hereto as Exhibit "A." In addition, notice of the proposed regulation was published in the Register of Regulations on May 1, 2018 in the form attached hereto as Exhibit "B." The Department received one written comment from Wendy Strauss, the Executive Director of the Governor's Advisory Council for Exceptional Citizens. Ms. Strauss questioned why the term IEP was stricken from the regulation. On June 14, 2018, the DIAA Board of Directors discussed that the term IEP was stricken from subsection 1.1 because the term did not appear elsewhere in the regulation. The DIAA Board of Directors voted to propose 14 DE Admin. Code 1007 DIAA Sportsmanship, in the form that was published, for adoption by the Department subject to the State Board of Education's approval. II. FINDINGS OF FACTS The Department finds that the proposed regulation is necessary to implement the provisions of 14 Del.C. Ch. 3. In addition, the Department finds that the term IEP was stricken from subsection 1.1 because the term did not appear elsewhere in the regulation and that further changes in response to the written comment are not necessary. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1007 DIAA Sportsmanship. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1007 DIAA Sportsmanship subject to the State Board of Education's approval. Therefore, pursuant to 14 Del.C. §§122(b) and 303(a), 14 DE Admin. Code 1007 DIAA Sportsmanship attached hereto as Exhibit "B" is hereby amended. IV. TEXT AND CITATION The text of 14 DE Admin. Code 1007 DIAA Sportsmanship adopted hereby shall be in the form attached hereto as Exhibit "B," and said regulation shall be cited as 14 DE Admin. Code 1007 DIAA Sportsmanship in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Department pursuant to 14 Del.C. §§122(b) and 303(a) on July 19, 2018. The effective date of this Order shall be ten (10) days from the date this Order is published in the Register of Regulations. IT IS SO ORDERED the 19th day of July, 2018. Department of Education Susan S. Bunting, Ed.D., Secretary of Education Approved this 19th day of July, 2018. State Board of Education Whitney Townsend Sweeney, President Dr. Audrey J. Noble, Ed.D. Nina Lou Bunting, Vice President Wali W. Rushdan, II Candace Fifer Terry M. Whittaker, Ed.D. Vincent Lofink 1007 DIAA Sportsmanship ORDER The Director of the Office of the Delaware State Lottery (Director) hereby gives notice of these finalized Delaware Charitable Video Lottery Regulations. The Director seeks to finalize main rules of the Office of the Delaware State Lottery (29 DE Admin. Code 205) to govern charitable gaming organizations and charitable gaming vendors. These rules are both substantive and procedural in nature and apply to the licensing process, appeals, duties and rights of charitable gaming organizations and charitable gaming vendors, and the required operating procedures of charitable gaming organizations and charitable gaming vendors. The rules also serve in part to clarify the intent of the Director as enacted through these regulations. These new rules should not pose additional burdens on licensees or consumers. The Delaware Code authority for these proposed regulations is 29 Del.C. §4819A and well as 29 Del.C. §§4805(a)(14), (a)(20), (a)(33) and (b)(14). DECISION AND ORDER CONCERNING THE REGULATIONS NOW THEREFORE, under the statutory authority and for the reasons set forth above, the Director of the Office of the State Lottery does hereby ORDER that the regulations be, and that they hereby are, enacted as set forth below. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g). Vernon A. Kirk, Director Office of the State Lottery July 11, 2018 205 Charitable Video Lottery Rules and Regulations REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED At 21 DE Reg. 19 (July 1, 2017), the Department published a notice of its intent to codify proposed new Regulation 1318, Compensation for Chiropractic Services, and solicited written comments from the public for thirty (30) days as mandated by 29 Del.C. §10118(a). The proposed new regulation would prohibit insurance carriers and third party administrators who are regulated by the Department from including in any insurance policy terms and conditions that unreasonably discriminate against access to chiropractic care or services. It would also prohibit compensation of doctors of chiropractic that is unreasonable or discriminatory, as detailed in the proposed new rule. The Delaware Code authority for the proposed new regulation is 24 Del.C. §716(c) and 18 Del.C. §§102, 311 and 329. The Department received several timely submitted comments, copies of which are on file with the Department. The Department did not hold a public hearing on the proposal. In response to the comments received, the Department redrafted the proposed new regulation, which was published at 21 DE Reg. 610 (February 1, 2018). The Department accepted written comments, suggestions, briefs, and compilations of data or other materials concerning the re-proposed regulation until the 5th day of March, 2018, which was thirty days from the date of publication. The Department thereafter determined to further revise the proposed regulation. That proposal was published in the Register of Regulations at 21 DE Reg. 954 (June 1, 2017). The Department did not hold a public hearing on the re-proposal. The Department accepted written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendment until the 2nd day of July, 2018, which was thirty days from the date of publication. The Department received no comments on the June 1, 2018 proposal. II. FINDINGS OF FACTS The Commissioner finds that it is appropriate to adopt 18 DE Admin. Code 1318 as proposed in the June 1, 2018 Register of Regulations, for the reasons set forth above and in the proposal. Ill. DECISION TO ADOPT THE NEW REGULATION For the foregoing reasons, the Commissioner concludes that it is appropriate to adopt 18 DE Admin. Code 1318, as discussed in the above Findings of Fact. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Commissioner pursuant to 18 Del.C. §§311, 314, and 526A on the date indicated below. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. The effective date of the Regulation shall be as stated in the text of the Regulation. IT IS SO ORDERED. Trinidad Navarro Commissioner Delaware Department of Insurance The 12th day of July, 2018 1318 Compensation for Chiropractic Services Secretary’s Order No.: 2018-OTS-0037 Date of Issuance: June 30, 2018 Effective Date of the Amendment: August 11, 2018 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 29 Del.C. §10113(b)(4), DNREC hereby revises Section 900 of Title 8 of the Delaware Administrative Code to correct all referencing errors contained therein by replacing all current citations of 29 Del.C. §10002(g) with 29 Del.C. §10002(l). This correction is necessitated as a result of changes made to Delaware Code subsequent to DNREC's promulgation of its FOIA Regulations, as set forth in then-DNREC Secretary Collin O'Mara's Order issued December 1, 2011, and as previously published in the December 1, 2011 edition of the State of Delaware Register of Regulations. Findings of Fact Based on Delaware law and the record as reflected in the prior Secretary's Order referenced above, I make the following findings of fact: 1. The proposed regulation is not in conflict with Delaware law; and 2. The proposed regulation is an appropriate exercise of the Department's responsibilities and authority. Decision and Order Concerning the Regulation NOW THEREFORE, under the above-described statutory authority, and for the reasons set forth above, I hereby ORDER that the revisions to 8 DE Admin. Code 900: Policies and Procedures Regarding FOIA Requests, be adopted and promulgated as follows, to wit: 1. Section 3.7.1 shall be corrected to replace each instance of the citation, "29 Del.C. §10002(g)" with "29 Del.C. §10002(l)"; and 2. Section 6.7.1 shall be corrected to replace the citation, "29 Del.C. §10002(g)(2)" with "29 Del.C. §10002(l)(2)”. The effective date of this Order is ten (10) days from the date of its publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g). Shawn M. Garvin, Secretary 900 Policies and Procedures Regarding FOIA Requests (Break in Continuity of Sections) *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 900 Policies and Procedures Regarding FOIA Requests