Delaware RegisterRegulations of Issue Date: February 1, 2005Volume 8 - Issue 8 Pages 1047 - 1203IN THIS ISSUE: Regulations: ProposedFinalGovernorExecutive OrdersAppointmentsCalendar of Events & Hearing NoticesPursuant to 29 Del. C. Chapter 11, Subchapter III, this issue of the Register contains all documents required to be published, and received, on or before January 15, 2005. 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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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 •Attorney General’s Opinions in full text •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: 8 DE Reg. 757-772 (12/01/04) Refers to Volume 8, pages 757-772 of the Delaware Register issued on December 1, 2004. 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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 CLOSING CLOSING DATE DATE TIME MARCH 1FEBRUARY 154:30 P.M. APRIL 1MARCH 154:30 P.M. MAY 1APRIL 154:30 P.M. JUNE 1MAY 154:30 P.M. JULY 1JUNE 154:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. Cumulative Tables........................................................ 1052 PROPOSED DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 1100 Board of Dental Examiners................................. 1057 2000 Board of Occupational Therapists....................... 1063 DEPARTMENT OF EDUCATION 262 General Administrative Appeal Procedures for National School Lunch Programs (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA)-Fiscal Action.......................................... 1066 264 General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/USDA...................................................... 1068 701 Unit Count............................................................. 1070 712 Employee Leave.................................................... 1073 940 Early Admission to Kindergarten for Gifted Students................................................................ 1074 DEPARTMENT OF FINANCE DIVISION OF REVENUE Tobacco Quarterly Escrow Installments and Certification.......................................................... 1075 DIVISION OF SOCIAL SERVICES DSSM Section 9028.1 Joint Application Processing... 1076 DEPARTMENT OF INSURANCE 1310 Standards for Prompt, Fair & Equitable Settlement of Claims for Health Care Services.... 1077 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH & WILDLIFE 3507, Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas.................................................... 1080 3511, Summer Flounder Size Limits; Possession Limits; Seasons..................................................... 1080 DEPARTMENT OF TRANSPORTATION Motorcycle Rider Education Courses Provider Requirements........................................................ 1083 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION 1900 Board of Nursing................................................ 1089 3300 Board of Veterinary Medicine............................ 1105 3600 Board of Geologists............................................ 1105 3700 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers.............. 1106 5300 Board of Massage and Bodyworks..................... 1107 DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Rule 8.9 Prerace Testing By Blood Gas Analyzer or Similar Equipment, and 8.10 Quarantine Procedure for Carbon Dioxide Positive Tests (Prerace or Postrace)............................................. 1108 DEPARTMENT OF EDUCATION 250 Procedures Related to the Collection, Maintenance and Disclosure of Student Data, Repeal of............................................................... 1112 251 Family Educational Rights and Privacy Act (FERPA)............................................................... 1112 252 Required Educational Records and Transfer and Maintenance of Educational Records............ 1112 278 Non-public School Educator Licensure and Certification.......................................................... 1123 714 Professional Employee Work Stoppage or Strike................................................................ 1132 725 School Administrator Contracts/Agreements....... 1133 805 School Health Tuberculosis (TB) Control Program................................................................ 1134 PROFESSIONAL STANDARDS BOARD 1501 Knowledge, Skills and Extra Responsibility Based Supplements for Educators........................ 1137 1540 Standard Certificate Science Teacher................. 1138 1542 Standard Certificate Science Teacher Middle Level......................................................... 1139 1584 Permits Paraeducators......................................... 1141 DEPARTMENT OF FINANCE OFFICE OF THE STATE LOTTERY Rule 4.2 Licensing of Technology Providers; Rule 6.34 & 6.35 Agents: Duties; Rule 7.16.2 Game Requirements................................... 1143 DIVISION OF PUBLIC HEALTH 4203 Cancer Treatment Program................................. 1144 DIVISION OF SOCIAL SERVICES Provider Contractual/Programmatic Responsibilities, Section 1.6............................................................. 1148 DSSM Sections 2001.1 and 2001.1.1............................... 1150 Section 9032.6 Residency (Including Homelessness Definition).............................. 1153 Sections 11002.9 Definitions and Explanation of Terms; 11004.4.1 Explanation of Certificates; 11004.7.2 Paying the Child Care Fee and 11006.4.2 Fee Paying Clients.. 1154 DEPARTMENT OF INSURANCE 603 Delaware Motorists Protection Act....................... 1158 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT Reg. 43, Heavy Duty Diesel Engine Standards).......... 1162 1352 Aboveground Storage Tanks Regulations........... 1167 DIVISION OF FISH & WILDLIFE Tidal Finfish; 3502 Striped Bass Spawning Season and Area Restrictions. .................................................. 1169 3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging & Reporting Requirements................................................. 1169 DIVISION OF SOIL AND WATER CONSERVATION 5101 Sediment and Stormwater Regulations............... 1172 DIVISION OF WATER RESOURCES 7203 Regulations Governing the Control of Water Pollution................................................................ 1189 GOVERNOR Executive Order No. 62, Establishing a Task Force on Surface Water Management............................ 1199 Executive Order No. 63, Amendment to Executive Order Number Forty-Nine.................................... 1199 Governor’s Appointments............................................ 1200 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Administrative Services, Div. of Professional Regulation, Notices of Public Hearings: Board of Dental Examiners.................................. 1201 Board of Physical Therapists and Athletic Trainers, Notice of Rescheduled Hearing..... 1201 Board of Occupational Therapists........................ 1201 Board of Examiners of Psychologists, Notice of Rescheduled Hearing..................................... 1201 State Board of Education Monthly Meeting................ 1202 Dept. of Health & Social Service, Div. of Social Services; Notice of Public Comment Periods....... 1202 Dept. of Insurance, Notice of Public Hearing............. 1202 DNREC, Div. of Fish & Wildlife Notices of Public Hearings: 3507, Black Sea Bass............................................ 1203 3511, Summer Flounder....................................... 1203 Dept. of Transportation, Div. of Motor Vehicles, Notice of Public Comment Periord...................... 1203 DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND 201 Delaware Manufactured Home Relocation Trust Fund Regulations......................................8 DE Reg. 619 (Prop.) DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters.............................8 DE Reg. 513 (Prop.) Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Establish Pollutant Minimization Plan Requirements for Point and Non-Point Source Discharges of Toxic Pollutants Following Issuance of a TMDL by either the U.S. Environmental Protection Agency or a Member State, or an Assimilative Capacity Determination by the Delaware River Basin Commission.....................................................8 DE Reg. 515 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations....................................................................................................8 DE Reg. 6 (Prop.) 8 DE Reg. 416 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 100 Board of Accountancy.....................................................................................................8 DE Reg. 944 (Prop.) 200 Board of Landscape Architects........................................................................................8 DE Reg. 625 (Prop.) 8 DE Reg. 947 (Prop.) 300 Board of Architecture......................................................................................................8 DE Reg. 953 (Prop.) 500 Board of Podiatry.............................................................................................................8 DE Reg. 955 (Prop.) 700 Board of Chiropractic......................................................................................................8 DE Reg. 627 (Prop.) 8 DE Reg. 997 (Final) 1400 Board of Electrical Examiners.......................................................................................8 DE Reg. 627 (Prop.) 8 DE Reg. 998 (Final) 1700 Board of Medical Practice.............................................................................................8 DE Reg. 628 (Prop.) 1770 Board of Medical Practice Respiratory Care Advisory Council....................................8 DE Reg. 635 (Prop.) 1800 Board of Plumbing Examiners.......................................................................................8 DE Reg. 639 (Prop.) 8 DE Reg. 1000 (Final) 1900 Board of Nursing...........................................................................................................8 DE Reg. 377 (Prop.) 2000 Board of Occupational Therapy Practice, Rule 7.0, Crimes Substantially Related to the Practice of Occupational Therapy....................................................8 DE Reg. 518 (Prop.) 2100 Board of Examiners in Optometry.........................................................................8 DE Reg. 16 (Prop.) 8 DE Reg. 536 (Final) 8 DE Reg. 640 (Prop.) 8 DE Reg. 1002 (Final) 2500 Board of Pharmacy, Rule 16.0, Crimes Substantially Related to the Practice of Pharmacy.................................................................................................................8 DE Reg. 517 (Prop.) 2900 Real Estate Commission........................................................................................8 DE Reg. 961 (Prop.) 3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals ...........................................................................................................8 DE Reg. 963 (Prop.) 3300 Board of Veterinary Medicine........................................................................................8 DE Reg. 645 (Prop.) 3900 Board of Clinical Social Work Examiners....................................................................8 DE Reg. 218 (Prop.) 8 DE Reg. 966 (Prop.) 5300 Board of Massage and Bodywork..................................................................................8 DE Reg. 390 (Prop.) 8 DE Reg. 692 (Final) Gaming Control Board, Bingo, Charitable Gambling and Raffles.........................................8 DE Reg. 531 (Final) PUBLIC INTEGRITY COMMISSION Public Integrity Commission, Rules of...................................................................................8 DE Reg. 710 (Final) PUBLIC SERVICE COMMISSION Reg. Docket No. 15, Concerning the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-Aid-Of Construction from Customers or Developers, and the Proper Ratemakeing Treatment for such Contributions and Advances...................................................................................................................8 DE Reg. 969 (Prop.) Reg. Docket No. 54, Concerning the Jurisdiction of the Public Service Commission to Grant and Revoke Certificates of Public Convenience and Necessity to Provide Wastewater Services........................................................................................................8 DE Reg. 646 (Prop.) DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Rule 8.3.3.5, Erythropietin......................................................................................................8 DE Reg. 329 (Final) Rule 8.8 Prohibited Substances Protests; Testing...................................................................8 DE Reg. 698 (Final) Standardbred Breeder’s Fund Regulations.............................................................................8 DE Reg. 336 (Final) THOROUGHBRED RACING COMMISSION Rule 11.14.6 Scratches....................................................................................................8 DE Reg. 652 (Prop.) Rule 19.3.2, Application for Review..............................................................................8 DE Reg. 652 (Prop.) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program.................................................................................8 DE Reg. 17 (Prop.) 8 DE Reg. 425 (Final) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)......8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACFP/USDA ....................................................8 DE Reg. 221 (Prop.) 8 DE Reg. 537 (Final) 501 State Content Standards..........................................................................................................8 DE Reg. 36 (Prop.) 8 DE Reg. 445 (Final) 609 District and School Based Intervention Services....................................................................8 DE Reg. 657 (Prop.) 8 DE Reg. 1008 (Final) 611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems8 DE Reg. 657 (Prop.) 8 DE Reg. 1008 (Final) 618 (Formerly Reg. 879) School Safety Audit..............................................................................8 DE Reg. 344 (Final) 620 (Formerly Reg. 880) School Crisis Response Plans...............................................................8 DE Reg. 344 (Final) 705 Training Camp and Special Duty in the National Guard and/or Reserves..............................8 DE Reg. 396 (Prop.) 8 DE Reg. 700 (Final) 706 Credit for Experience for Full Time Service in the Armed Forces.........................................8 DE Reg. 397 (Prop.) 8 DE Reg. 701 (Final) 718 Health Examinations for School District Employees.....................................................8 DE Reg. 37 (Prop.) 8 DE Reg. 399 (Prop.) 8 DE Reg. 702 (Final) 742 Compensation of District Personnel Under Specific Project Proposals................................8 DE Reg. 520 (Prop.) 805 The School Health Tuberculosis (TB) Control Program................................................8 DE Reg. 38 (Prop.) 8 DE Reg. 400 (Prop.) 851 K-12 Compreshensive Health Education Program.................................................................8 DE Reg. 661 (Prop.) 8 DE Reg. 1012 (Final) 852 Child Nutrition.......................................................................................................................8 DE Reg. 224 (Prop.) 8 DE Reg. 540 (Final) 885 Safe Management and Disposal of Surplus Chemicals in the Delaware Public School System................................................................................................................................8 DE Reg. 345 (Final) 925 Children with Disabilities.......................................................................................................8 DE Reg. 225 (Prop.) 8 DE Reg. 402 (Prop.) 1105 School Transportation...................................................................................................8 DE Reg. 237 (Final) 8 DE Reg. 541 (Final) REGULATIONS REPEALED 610 Treatment of Severe Discipline Problems Component (14 Del.C. §1604 of Chapter 16, Comprehensive School Discipline Improvement Program August 1998...............................8 DE Reg. 657 (Prop.) 8 DE Reg. 1008 (Rep.) PROFESSIONAL STANDARDS BOARD 323 Certification Computer Science Teacher................................................................................8 DE Reg. 247 (Prop.) 8 DE Reg. 552 (Final) 331 (Transferred to 1566) Certification Family and Consumer Sciences Teacher........................8 DE Reg. 248 (Prop.) 8 DE Reg. 553 (Final) 368 Certification School Psychologist...................................................................................8 DE Reg. 41 (Prop.) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................8 DE Reg. 73 (Final) 1502 Educator Mentoring..............................................................................................................8 DE Reg. 347 (Final) 1505 Professional Growth Programs.....................................................................................8 DE Reg. 78 (Final) 1509 Meritorious New Teacher Candidate Designation...............................................................8 DE Reg. 446 (Final) 1528 Foreign Language Teacher Comprehensive..................................................................8 DE Reg. 80 (Final) 1529 Foreign Language Teacher Secondary..........................................................................8 DE Reg. 80 (Final) 1533 Foreign Language Teacher Elementary........................................................................8 DE Reg. 80 (Final) 1537 Bilingual Teacher (Spanish) Secondary........................................................................8 DE Reg. 80 (Final) 1554 Standard Certificate Reading Specialist................................................................................8 DE Reg. 405 (Prop.) 1558 Bilingual Teacher (Spanish) Primary Middle Level.....................................................8 DE Reg. 80 (Final) 1566 (Formerly Reg. 331) Standard Certificate Family & Consumer Sciences Teacher..............8 DE Reg. 553 (Final) 1577 (Formerly Reg. 368) Standard Certificate-School Psychologist .........................................8 DE Reg. 448 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.....................................................................8 DE Reg. 46 (Prop.) 8 DE Reg. 85 (Final) Training & Qualifications for Nursing Assistants & Certified Nursing Assistants........8 DE Reg. 662 (Prop.) 8 DE Reg. 1014 (Final) DIVISION OF PUBLIC HEALTH 4107 Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders8 DE Reg. 100 (Final) 4108 Autism Surveillance and Registration Program.............................................................8 DE Reg. 972 (Prop.) 4203 Cancer Treatment Program....................................................................................8 DE Reg. 107 (Final) 8 DE Reg. 509 (Emer.) 4463 Licensing and Registration of Operators of Public Water Supply Systems...........8 DE Reg. 47 (Prop.) 8 DE Reg. 453 (Final) DIVISION OF SOCIAL SERVICES Private Duty Nursing Program Provider Specific Policy;...............................................8 DE Reg. 975 (Prop.) Division of Social Services Manual (DSSM) Client Cost Sharing for Pharmaceutical Services............................................................8 DE Reg. 664 (Prop.) 8 DE Reg. 1017 (Final) 3003 Non-Time Limited Program-Children’s Program...................................................8 DE Reg. 670 (Prop.) 8 DE Reg. 1024 (Final) 3031 Work for your Welfare............................................................................................8 DE Reg. 670 (Prop.) 8 DE Reg. 1024 (Final) 5311 Notification of Time and Place of Hearing.............................................................8 DE Reg. 351 (Final) 8 DE Reg. 376 (Errata) 9026.1, Food Stamp Program..........................................................................................8 DE Reg. 521 (Prop.) 9068.1 Certification Period Length.........................................................................8 DE Reg. 113 (Final) 11002.9, Child Care Subsidy Program - Definitions and Explanation Of Terms; 11004.4.1 Explanation of Certificates; 11006.4.2 Fee Paying Clients............................8 DE Reg. 407 (Prop.) 11004.7, Child Care Subsidy Program - Determination of the Child Care Parent Fee and Fee Waiving Situations......................................................................................8 DE Reg. 978 (Prop.) 20300.2 and 20360, Long Term Care Eligibility Process................................................8 DE Reg. 980 (Prop.) 20330.7, U.S. Savings Bonds..........................................................................................8 DE Reg. 981 (Prop.) 20700.5-20700.5.8, Acquired Brain Injury Waiver Program..........................................8 DE Reg. 250 (Prop.) 8 DE Reg. 555 (Final) 8 DE Reg. 616 (Errata) DEPARTMENT OF INSURANCE 301 Audited Financial Reports......................................................................................................8 DE Reg. 252 (Prop.) 8 DE Reg. 557 (Final) 504 (Formerly Reg. No. 47) Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.........................................................................................................8 DE Reg. 409 (Prop.) 8 DE Reg. 703 (Final) 606 (Formerly Reg. No. 31) Proof of Automobile Insurance................................................8 DE Reg. 55 (Prop.) 607 (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles.....................................................................................................................8 DE Reg. 59 (Prop.) 8 DE Reg. 460 (Final) 1404 Long-Term Care Insurance...................................................................................................8 DE Reg. 257 (Prop.) 8 DE Reg. 562 (Final) 1501 Medicare Supplement Insurance Minimum Standards.................................................8 DE Reg. 62 (Prop.) 8 DE Reg. 465 (Final) 8 DE Reg. 672 (Prop.) 8 DE Reg. 1026 (Final) DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship...................................................................8 DE Reg. 65 (Prop.) 8 DE Reg. 468 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY Green Energy Fund Program Regulation........................................................................8 DE Reg. 114 (Final) DIVISION OF AIR AND WASTE MANAGEMENT-AIR QUALITY MANAGEMENT SECTION 1352 Above Ground Storage Tank Regulations.....................................................................8 DE Reg. 677 (Prop.) Hazardous Waste, Regulations Governing.............................................................................8 DE Reg. 352 (Final) Reporting of a Discharge of a Pollutant or Air Contaminant.........................................8 DE Reg. 126 (Final) Solid Waste, Regulations Governing......................................................................................8 DE Reg. 354 (Final) Reg. 43, Not to Exceed Heavy Duty California Engine Standards........................................8 DE Reg. 672 (Prop.) Reg. 45, Excessive Idling of Heavy Duty Vehicles................................................................8 DE Reg. 982 (Prop.) DIVISION OF FISH & WILDLIFE 4.0 Seasons & 7.0 Deer...........................................................................................................8 DE Reg. 355 (Final) 3308 (Formerly NT-7) Fish Stocking Practices......................................................................8 DE Reg. 374 (Emer.) DIVISION OF WATER RESOURCES Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems, Regulations Governing............................................................................................8 DE Reg. 283 (Prop.) Surface Water Quality Standards....................................................................................8 DE Reg. 154 (Final) Water Pollution, Regulations Governing................................................................................8 DE Reg. 679 (Prop.) 7203 Control of Water Pollution, Regulations Governing, Sect. 9.0, Subsection 9.4, The Concentrated Animal Feeding Operation........................................................................8 DE Reg. 984 (Prop.) 7409 TMDL’s for Little Assowoman Bay Watershed.............................................................8 DE Reg. 688 (Prop.) 8 DE Reg. 1027 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies................................8 DE Reg. 325 (Final) Bounty Hunter/Bail Enforcement Agents......................................................................................8 DE Reg. 689 (Prop.) 8 DE Reg. 994 (Prop.) Division of Highway Safety Electronic Red Light Safety Program.....................................................................................8 DE Reg. 524 (Prop.) 8 DE Reg. 1029 (Final) DIVISION OF HISTORICAL AND CULTURAL AFFAIRS Historic Preservation Tax Credit........................... ..................................................8 DE Reg. 194 (Final) 8 DE Reg. 526 (Prop.) 8 DE Reg. 1031 (Final) uman Relations Commission 1502 Fair Housing Regulation................................................................................................8 DE Reg. 591 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 708 (Formerly Reg. No. 5.770.0009) Establishment of a Branch Office by a Bank or Trust Company........................................................................................................8 DE Reg. 68 (Prop.) 8 DE Reg. 472 (Final) 714 Establishment of a Mobile Branch Office by a Bank or Trust Company................8 DE Reg. 68 (Prop.) 8 DE Reg. 473 (Final) 1113 Election by a Subsidiary Corporation of a Banking Organization of Trust Company to be Taxed in Accordance with Chapter 19 of Title 30..........................................8 DE Reg. 68 (Prop.) 8 DE Reg. 474 (Final) Appointments...............................................................................................................................8 DE Reg. 361 8 DE Reg. 479 8 DE Reg. 602 8 DE Reg. 715 8 DE Reg. 1036 Executive Order No. 56, Establishing The Infant Mortality Task Force.......................................8 DE Reg. 199 Executive Order No .57, Declaring Friday, June 11, 2004 A Legal Holiday In Remembrance Of Former President Reagan..........................................................................8 DE Reg. 360 Executive Order No. 58, Relating to the Reestablishment of the Juvenile Justice Advisory Group......................................................................................................................8 DE Reg. 477 Executive Order No. 59, Implementing the Strategies for State Policies & Spending ...............8 DE Reg. 714 Executive Order No. 61, Green Infrastructure8 DE Reg. 905 MERIT EMPLOYEES RELATIONS BOARD Classification Maintenance Review Appeal Procedures...............................................................8 DE Reg. 599 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION BOARD OF DENTAL EXAMINERS Statutory Authority: 24 Delaware Code, Section 1106(1) (24 Del.C. §1106(1)) 24 DE Admin. Code 1100 PUBLIC NOTICE The Delaware Board of Dental Examiners in accordance with 24 Del.C. §1106(1) has proposed changes to its rules and regulations as mandated by Senate Bill # 229 (74 Del. Laws c. 262) to identify crimes that are substantially related to the provision of dentistry and dental hygiene. The change also clarifies who is eligible to take the practical (clinical) examination in dentistry or dental hygiene. A public hearing will be held Thursday, March 10, 2005 in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the Delaware Board of Dental Examiners, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Proposed Rules and Regulations 10.0Eligibility to Take the Practical (Clinical) Examination Authority: Pursuant to Title 24, Section 1106(a)(1), The Board of Dental Examiners is empowered to formulate rules and regulations to implement or clarify Chapter 11 relating to dentistry and dental hygiene. Purpose: This regulation clarifies eligibility to take the practical (clinical) examination in dentistry and dental hygiene administered by the Board. 10.1No person shall be eligible to take the practical (clinical) examination dentistry administered by the Delaware Board of Dental Examiners unless the applicant has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association. 10.2No person shall be eligible to take the practical (clinical) examination in dental hygiene administered by the Delaware Board of Dental Examiners unless the applicant has graduated from a dental hygiene college or university program of at least 2 academic years’ duration or has graduated, prior to 1953, from a dental hygiene program of at least 1 year’s duration which program had been approved by the Board at the time of the person’s graduation. 10.3The Board reserves the right to waive the requirement set forth above in sections 10.1 and 10.2 if the Applicant can establish to the satisfaction of the Board’s Credentialing Committee that he or she is a student in good standing in an educational facility accredited by the Commission on Dental Accreditation of the American Dental Association and will graduate within sixty (60) days of the administration of the practical (clinical) examination with a degree in dentistry or dental hygiene. 11.0Crimes Substantially Related To The Practice Of Dentistry And Dental Hygiene. Authority: Pursuant to 74 Del. Laws. c.262, (Senate Bill No. 229 of the 142nd General Assembly, 2004, as amended), the Board was directed to promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene. Purpose: The Board of Dental Examiners believes that the State of Delaware has a compelling public policy interest in ensuring that its licensed professionals not only have specified levels of educational and professional competence but also possess sufficient character and judgment necessary to practice safely in their chosen fields and to do so in a manner which will not undermine the community’s confidence in the expertise and professionalism of the members of the profession. Licensed professionals, particularly those in health care related fields, often come into contact with clients and patients and other members of the public at times when they may be sick, infirmed or otherwise extremely vulnerable to undue influence or other forms of misuse, fraud and abuse. It is therefore critical that all reasonable steps are taken to determine, to the extent possible, that the regulation of such professionals takes into consideration not only the individual’s technical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or diminish legitimate expectations of honest and honorable behavior by such licensed health care professionals. Therefore, the Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Dentistry and Dental Hygiene in the State of Delaware without regard to the place of conviction: Definitions. “Conviction”, unless otherwise defined by specific statute, means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 ( first offenders controlled substances diversion program). “Substantially similar crimes in another state or jurisdiction” includes all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses. 11.1Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated: Assaults and Related Offenses 11.1.1.§601. Offensive touching; 11.1.2.§602. Menacing; 11.1.3.§603. Reckless endangering in the second degree; 11.1.4.§604. Reckless endangering in the first degree; 11.1.5.§605. Abuse of a pregnant female in the second degree; 11.1.6.§606. Abuse of a pregnant female in the first degree; 11.1.7.§611. Assault in the third degree; 11.1.8.§612. Assault in the second degree; 11.1.9.§613. Assault in the first degree; 11.1.10.§614. Assault on a sports official; 11.1.11.§615. Assault by abuse or neglect; 11.1.12.§616. Gang Participation; 11.1.13.§621. Terroristic threatening; 11.1.14.§622 Hoax devices 11.1.15.§625. Unlawfully administering drugs; 11.1.16.§626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; 11.1.17.§627. Prohibited acts as to substances releasing vapors or fumes; 11.1.18.§628. Vehicular assault in the second degree; 11.1.19.§629. Vehicular assault in the first degree; 11.1.20.§630. Vehicular homicide in the second degree; 11.1.21.§630A. Vehicular homicide in the first degree; 11.1.22.§631. Criminally negligent homicide; 11.1.23.§632. Manslaughter; 11.1.24.§633. Murder by abuse or neglect in the second degree; 11.1.25.§634. Murder by abuse or neglect in the first degree; 11.1.26.§635. Murder in the second degree; 11.1.27.§636. Murder in the first degree; 11.1.28.§645. Promoting suicide; Abortion and Related Offenses 11.1.29.§651. Abortion; 11.1.30.§653. Issuing abortional articles; Sexual Offenses 11.1.31.§763. Sexual harassment; 11.1.32.§764. Indecent exposure in the second degree; 11.1.33.§765. Indecent exposure in the first degree; 11.1.34.§766. Incest; 11.1.35.§767. Unlawful sexual contact in the third degree; 11.1.36.§768. Unlawful sexual contact in the second degree; 11.1.37.§769. Unlawful sexual contact in the first degree; 11.1.38.§770. Rape in the fourth degree; 11.1.39.§771. Rape in the third degree; 11.1.40.§772. Rape in the second degree; 11.1.41.§773. Rape in the first degree; 11.1.42.§776. Sexual extortion; 11.1.43.§777. Bestiality; 11.1.44.§778. Continuous sexual abuse of a child; 11.1.45.§780. Female genital mutilation; Kidnapping and Related Offenses 11.1.46.§781. Unlawful imprisonment in the second degree; 11.1.47.§782. Unlawful imprisonment in the first degree; 11.1.48.§783. Kidnapping in the second degree; 11.1.49.§783A. Kidnapping in the first degree; 11.1.50.§785. Interference with custody; Coercion 11.1.51.§791. Acts constituting coercion. 11.2.Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Arson and Related Offenses 11.2.1.§801. Arson in the third degree; 11.2.2.§802. Arson in the second degree; 11.2.3.§803. Arson in the first degree; 11.2.4.§804. Reckless burning or exploding; 11.2.5.§805. Cross or religious symbol burning; 11.2.6.§811. Criminal mischief; Criminal Trespass and Burglary 11.2.7.§820. Trespassing with intent to peer or peep into a window or door of another; 11.2.8.§821. Criminal trespass in the third degree; 11.2.9.§822. Criminal trespass in the second degree; 11.2.10.§823. Criminal trespass in the first degree; 11.2.11.§824. Burglary in the third degree; 11.2.12.§825. Burglary in the second degree; 11.2.13.§826. Burglary in the first degree; 11.2.14.§828. Possession of burglar’s tools or instruments facilitating theft; Robbery 11.2.15.§831. Robbery in the second degree; 11.2.16.§832. Robbery in the first degree; 11.2.17.§835. Carjacking in the second degree; 11.2.18.§836. Carjacking in the first degree; Theft and Related Offenses 11.2.19.§840. Shoplifting; class G felony; 11.2.20.§840A. Use of illegitimate retail sales receipt or Universal Product Code Label; 11.2.21.§841. Theft; 11.2.22.§842. Theft; lost or mislaid property; mistaken delivery; 11.2.23.§843. Theft; false pretense; 11.2.24.§844. Theft; false promise; 11.2.25.§845. Theft of services; 11.2.26.§846. Extortion; 11.2.27.§848. Misapplication of property; 11.2.28.§849. Theft of rented property; 11.2.29.§850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; 11.2.30.§851. Receiving stolen property; 11.2.31.§853. Unauthorized use of a vehicle; 11.2.32.§854. Identity theft; 11.2.33.§859. Larceny of livestock; 11.2.34.§860. Possession of shoplifter’s tools or instruments facilitating theft; Forgery and Related Offenses 11.2.35.§861. Forgery; class F felony; 11.2.36.§862. Possession of forgery devices; Offenses Involving Falsification of Records 11.2.37.§871. Falsifying business records; 11.2.38.§872. Falsifying business records; 11.2.39.§873. Tampering with public records in the second degree; 11.2.40.§876. Tampering with public records in the first degree; 11.2.41.§877. Offering a false instrument for filing; 11.2.42.§878. Issuing a false certificate; Bribery Not Involving Public Servants 11.2.43.§881. Bribery; 11.2.44.§882. Bribe receiving; Frauds on Creditors 11.2.45.§891. Defrauding secured creditors; 11.2.46.§892. Fraud in insolvency; 11.2.47.§893. Interference with levied-upon property; Other Frauds and Cheats 11.2.48.§900. Issuing a bad check; 11.2.49.§903. Unlawful use of credit card; 11.2.50.§903A. Reencoder and scanning devices; 11.2.51.§906. Deceptive business practices; 11.2.52.§907. Criminal impersonation; 11.2.53.§907A. Criminal impersonation, accident related; 11.2.54.§907B. Criminal impersonation of a police officer; 11.2.55.§908. Unlawfully concealing a will; 11.2.56.§909. Securing execution of documents by deception; 11.2.57.§910. Debt adjusting; 11.2.58.§911. Fraudulent conveyance of public lands; 11.2.59.§912. Fraudulent receipt of public lands; 11.2.60.§913. Insurance fraud; 11.2.61.§913A. Health care fraud; 11.2.62.§914. Use of consumer identification information; 11.2.63.§915. Use of credit card information; 11.2.64.§916. Home improvement fraud; 11.2.65.§917. New home construction fraud; Offenses Relating to Recorded Devices 11.2.66.§920. Transfer of recorded sounds; 11.2.67.§921. Sale of transferred recorded sounds; 11.2.68.§922. Improper labeling; Computer Related Offenses 11.2.69.§932. Unauthorized access; 11.2.70.§933. Theft of computer services; 11.2.71.§934. Interruption of computer services; 11.2.72.§935. Misuse of computer system information; 11.2.73.§936. Destruction of computer equipment; 11.2.74.§937. Unrequested or unauthorized electronic mail or use of network or software to cause same; 11.2.75.§938. Failure to promptly cease electronic communication upon request; Offenses relating to marriage. 11.2.76.§1001. Bigamy; 11.2.77.§1003. Contracting a bigamous marriage outside of the State. 11.3.Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Child Welfare; Sexual Offenses, Animal Offenses 11.3.1.§1100. Dealing in children; 11.3.2.§1101. Abandonment of child; 11.3.3.§1102. Endangering the welfare of a child; 11.3.4.§1105. Endangering the welfare of an incompetent person; 11.3.5.§1106. Unlawfully dealing with a child; 11.3.6.§1107. Endangering children; 11.3.7.§1108. Sexual exploitation of a child; 11.3.8.§1109. Unlawfully dealing in child pornography; 11.3.9.§1111. Possession of child pornography; 11.3.10.§1112. Sexual offenders; prohibitions from school zones; 11.3.11.§1112A Sexual solicitation of a child; 11.3.12.§1113 Criminal non-support and aggravated criminal non-support; 11.3.13.§1114. Body-piercing; tattooing or branding; 11.3.14.§1114A Tongue-splitting; 11.3.15.§1116. Sale or distribution of tobacco products to minors; 11.3.16.§1325. Cruelty to animals; 11.3.17.§1326. Animals; fighting and baiting prohibited; 11.3.18.§1327. Maintaining a dangerous animal. 11.4.Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Bribery and Improper Influence 11.4.1.§1201. Bribery; 11.4.2.§1203. Receiving a bribe; 11.4.3.§1205. Giving unlawful gratuities; 11.4.4.§1206. Receiving unlawful gratuities; 11.4.5.§1207. Improper influence; 11.4.6.§1211. Official Misconduct; 11.4.7.§1212. Profiteering; Perjury, Escape and related offenses 11.4.8.§1221. Perjury in the third degree; 11.4.9.§1222. Perjury in the second degree; 11.4.10.§1223. Perjury in the first degree; 11.4.11.§1233. Making a false written statement; 11.4.12.§1239. Wearing a disguise during commission of a felony; 11.4.13.§1240. Terroristic threatening of public officials or public servants; 11.4.14.§1244. Felony hindering prosecution; 11.4.15.§1245. Felony false reporting an incident 11.4.16.§1246. Compounding a crime; 11.4.17.§1248. Felony obstructing control and suppression of rabies; 11.4.18.§1249. Felony abetting violation of driver’s license restrictions; 11.4.19.§1250. Offenses against law-enforcement animals; 11.4.20.§1252. Felony escape; 11.4.21.§1253. Escape after conviction. 11.4.22.§1254. Assault in a detention facility; 11.4.23.§1256. Felony promoting prison contraband; 11.4.24.§1257A Felony use of an animal to avoid capture; 11.4.25.§1259. Sexual relations in a detention facility; 11.4.26.§1260. Felony misuse of prisoner mail; Offenses Relating to Judicial and Similar Proceedings 11.4.27.§1261. Bribing a witness; 11.4.28.§1262. Bribe receiving by a witness; 11.4.29.§1263. Tampering with a witness; 11.4.30.§1263A Interfering with child witness; 11.4.31.§1264. Bribing a juror; 11.4.32.§1265. Bribe receiving by a juror; 11.4.33.§1266. Tampering with a juror; 11.4.34.§1267. Misconduct by a juror; 11.4.35.§1269. Tampering with physical evidence. 11.5.Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals. Disorderly Conduct and Related Offenses 11.5.1.§1302. Riot; 11.5.2.§1304. Hate crimes; 11.5.3.§1312A Felony Stalking; 11.5.4.§1313. Malicious interference with emergency communications; 11.5.5.§1325. Felony Cruelty to Animals; 11.5.6.§1326. Animals, fighting and baiting prohibited. 11.5.7.§1327. Felony maintaining a dangerous animal; 11.5.8.§1332. Abusing a corpse; 11.5.9.§1333. Trading in human remains and associated funerary objects 11.5.10.§1335. Felony violation of privacy; 11.5.11.§1336. Wiretapping and electronic surveillance; 11.5.12.§1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; 11.5.13.§1339. Adulteration; Offenses Involving Public Indecency 11.5.14.§1351. Promoting prostitution in the third degree; 11.5.15.§1352. Promoting prostitution in the second degree; 11.5.16.§1353. Promoting prostitution in the first degree; Obscenity 11.5.17.§1361. Obscenity; acts constituting. 11.6.Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated: 11.6.1.§4751. Prohibited acts A; 11.6.2.§4752. Prohibited acts B; 11.6.3.§4752A Unlawful delivery of noncontrolled substance; 11.6.4.§4753. Prohibited acts C; 11.6.5.§4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs; 11.6.6.§4754. Prohibited acts D; 11.6.7.§4754A Possession and delivery of noncontrolled prescription drug. 11.6.8.§4755. Prohibited acts E; 11.6.9.§4756. Prohibited acts; 11.6.10.§4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; 11.6.11.§4758. Keeping drugs in original containers; 11.6.12.§4761. Distribution to persons under 21 years of age; 11.6.13.§4761A Purchase of drugs from minors; 11.6.14.§4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; 11.6.15.§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; 11.6.16.§4774. Drug paraphernalia. 11.7.Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Offenses Involving Deadly Weapons and Dangerous Instruments 11.7.1.§1442. Carrying a concealed deadly weapon; 11.7.2.§1443. Carrying a concealed dangerous instrument; 11.7.3.§1444. Possessing a destructive weapon; 11.7.4.§1445. Felony unlawfully dealing with a dangerous weapon; 11.7.5.§1447. Possession of a deadly weapon during commission of a felony; 11.7.6.§1447A Possession of a firearm during commission of a felony; 11.7.7.§1448. Possession and purchase of deadly weapons by persons prohibited; 11.7.8.§1448A Criminal history record checks for sales of firearms; 11.7.9.§1449. Wearing body armor during commission of felony; 11.7.10.§1450. Receiving a stolen firearm; 11.7.11.§1451. Theft of a firearm; 11.7.12.§1452. Unlawfully dealing with knuckles- combination knife; 11.7.13.§1453. Unlawfully dealing with martial arts throwing star; 11.7.14.§1454. Giving a firearm to person prohibited; 11.7.15.§1455. Engaging in a firearms transaction on behalf of another; 11.7.16.§1456. Unlawfully permitting a minor access to a firearm; 11.7.17.§1457. Felony Possession of a weapon in a Safe School and Recreation Zone; 11.7.18.§1458. Removing a firearm from the possession of a law enforcement officer; 11.7.19.§1459. Possession of a weapon with a removed, obliterated or altered serial number; 11.7.20.§1471. Prohibited Acts; Offenses Involving Organized Crime and Racketeering 11.7.21.§1504. Criminal Penalties for Organized Crime & Racketeering; Offenses Involving Intimidation of Victims or Witnesses 11.7.22.§3533. Aggravated act of intimidation; 11.8Other Crimes Title 16 Health and Safety 11.8.1§1136. Abuse or neglect of a patient or resident of a nursing facility; 11.8.2§4751. Prohibited acts A; 11.8.3§4752. Prohibited acts B; 11.8.4§4752A Unlawful Delivery of Noncontrolled Substance; 11.8.5§4753. Prohibited acts C; 11.8.6§4753A Trafficking in Marijuana, Cocaine, Illegal Drugs, Methamphetamines, Lysergic Acid Diethylamide, Designer Drugs or 3,4- Methelenedioxymethamphetamine 11.8.7§4754. Prohibited acts D 11.8.8§4754A Possession and Delivery of NonControlled Prescription Drug. 11.8.9§4755. Prohibited Acts 11.8.10§4756. Prohibited Acts 11.8.11§4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; penalties 11.8.12§4758. Keeping drugs in original containers; 11.8.13§4761. Distribution to persons under 21 years of age; penalties; 11.8.14§4761A Purchase of drugs from minors; penalties; 11.8.15§4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses; 11.8.16§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; penalties; defenses; 11.8.17§4771. Drug paraphernalia; 11.8.18§4774. Penalties; Title 23 Navigation and Waters 11.8.19§2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; 11.8.20§2305. Second, Third and Fourth Offense Penalties; jurisdiction; Title 30 State Taxes 11.8.21§571. Attempt to evade or defeat tax; class E felony; 11.8.22§572. Failure to collect or pay over tax; class E felony; 11.8.23§573. Failure to file return, supply information or pay tax; class A misdemeanor; 11.8.24§574. Fraud and false statements; class E felony; Title 31 Welfare 11.8.25§1007. Felony Penalties; Title 21 – Motor Vehicles 11.8.26§2118A Unlawful possession or manufacture of proof of insurance, penalties; 11.8.27§2133. Penalties; jurisdiction of justices of the peace; 11.8.28§2315. False statements; penalty; 11.8.29§2316. Altering or forging certificate of title, manufacturer's certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate 11.8.30§2620. False statements; incorrect or incomplete information; 11.8.31§2751. Unlawful application for or use of license or identification card; 11.8.32§2752. False statements; 11.8.33§2760. Duplication, reproduction, altering, or counterfeiting of driver's licenses or identification cards; 11.8.34§2814. Additional penalty when convicted of an offense which would render an individual a habitual offender; 11.8.35§3107. False statements; 11.8.36§4177. Felony Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties; 11.8.37§4177M Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs; 11.8.38§4202. Felony Duty of driver involved in accident resulting in injury or death to any person; penalty; 11.8.39§4601. Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys; penalties; 11.8.40§4603. Reporting of keys; penalties; 11.8.41§4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires; penalty; class E felony; 11.8.42§6704. Receiving or transferring stolen vehicle; penalty; 11.8.43§6705. Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; penalty; 11.8.44§6708. Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card; class E felony; penalty; 11.8.45§6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; penalty; class E felony; 11.8.46§6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty; class E felony; Title 3 – Agriculture 11.8.47§1224. Unlawful Acts (Only to include crimes related to fraud and conspiracy); 11.8.48§8713. Felony offenses 11.8.49§10049 Fraudulent Written Statements; 11.8.50§10050 Fraudulent Certificate of Registration or Eligibility Documents; 11.8.51§904. Offenses Concerning Certain Persons; Title 6 – Commerce and Trade 11.8.52§4619. Felony Prohibition of Intimidation; Title 7 – Conservation 11.8.53§1717. Unauthorized Acts against a Service Guide or Seeing Eye Dog; 11.8.54§6003. Felony Permits Required; Title 11 – Crimes 11.8.55§2402. Felony Interception of Communications Generally; Divulging Contents of Communications; 11.8.56§2403. Manufacture, Possession or Sale of Intercepting Device; 11.8.57§2410. Breaking and Entering, Etc. to Place or Remove Equipment; 11.8.58§2412. Obstruction, Impediment or Prevention of Interception; 11.8.59§2422. Divulging Contents of Communications; 11.8.60§3534. Attempt to Intimidate; 11.8.61§8523. Felony Violation of Reporting Provision; 11.8.62§8562. Felony Failure of Child Care Provider to Obtain Information or Providing False Information; 11.8.63§8572. Penalties for Providing False Information when Seeking School Employment; 11.8.64§9016. Filing False Claim under Victims’ Compensation Fund Title 12 – Descendants’ Estates 11.8.65§210. Alteration, Theft or Destruction of Will Title 16 – Health & Safety 11.8.66§2513. Felony Penalties Relating To Improper Health-Care Decisions; 11.8.67§7112. Felony Penalties for Violations of Chapter; 11.8.68§7416. Penalties for Violating Statute Governing Radiation Control; Title 24 – Professions and Occupations 11.8.69§903. Deadly Weapons Dealers – Sale to Persons under 21 or Intoxicated Persons; Title 31 – Welfare 11.8.70§3913. Felony Violations – Knowing or Reckless Abuse of an Infirm Adult. 11.9.Any crime which is a violation of either Title 24, Chapter 11 (Board of Dental Examiners) as it may be amended from time to time or of any other statute which requires the reporting of a medical/dental situation or condition to state, federal or local authorities or a crime which constitutes a violation of the dental or hygiene practice act of the state in which the conviction occurred or in which the dentist or dental hygienist is licensed. 11.10.The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare. *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 Board of Dentistry is available at: http://dpr.delaware.gov/boards/dental/index.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF OCCUPATIONAL THERAPISTS Statutory Authority: 24 Delaware Code, Section 2006(b) (24 Del.C. §2006(b)) 24 DE Admin. Code 2000 PUBLIC NOTICE The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006(b) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of occupational therapy. A public hearing was held on November 17, 2004 after which the Board decided to review its propose. A revised list of related crimes was developed on January 12, 2005 which includes deletions, additions and clarifications that are substantive. Changes from the proposal originally published in the Register of Regulations on October 1, 2004 are noted. A second public hearing will be held on March 16, 2005 at 4:30 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the State Board of Occupational Therapy Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. 7.0Crimes substantially related to practice of occupational therapy 7.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the practice of occupational therapy in the State of Delaware without regard to the place of conviction: 7.1.1Unlawful harm to law enforcement or seeing eye dogs. 7 Del.C. §1717 7.1.2Aggravated meancing. 11 Del.C. §602(b) 7.1.3 Reckless endangering. 11 Del.C. §604 7.1.4Abuse of a pregnant female in the second degree. 11 Del.C. §605 7.1.5Abuse of a pregnant female in the first degree. 11 Del.C. §606 7.1.6Assault in the second degree. 11 Del.C. §612 7.1.7Assault in the first degree. 11 Del.C. §613 7.1.8Felony abuse of a sports official. 11 Del.C. §614 7.1.9Assault by abuse of neglect. 11 Del.C. §615 7.1.10Felony Terroristic threatening. 11 Del.C. §621 7.1.11Unlawful administering drugs. 11 Del.C. §625 7.1.12Unlawful administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626 7.1.13Vehicular assault in the first degree. 11 Del.C. §629 7.1.14Criminally negligent homicide. 11 Del.C. §631 7.1.15Manslaughter. 11 Del.C. §632 7.1.16Murder by abuse or neglect in the second degree. 11 Del.C. §633 7.1.17Murder by abuse or neglect in the first degree. 11 Del.C. §634 7.1.18Murder in the second degree. 11 Del.C. §635 7.1.19Murder in the first degree. 11 Del.C. §636 7.1.20Sexual harassment. 11 Del.C. §763 7.1.21Unlawful sexual contact in the second degree. 11 Del.C. §768 7.1.22Unlawful sexual contact in the first degree. 11 Del.C. §769 7.1.23Rape in the fourth degree. 11 Del.C. §770 7.1.24Rape in the third degree. 11 Del.C. §771 7.1.25Rape in the second degree. 11 Del.C. §772 7.1.26Rape in the first degree. 11 Del.C. §773 7.1.27Sexual extorition. 11 Del.C.. §776 7.1.28Bestiality. 11 Del.C. §777 7.1.29Continuous sexual abuse of a child. 11 Del.C. §778 7.1.30Dangerous crime against a child. 11 Del.C. §779 7.1.31Unlawful imprisonment in the first degree. 11 Del.C. §782 7.1.32Kidnapping in the second degree. 11 Del.C. §783 7.1.33Kidnapping in the first degree. 11 Del.C. §783A 7.1.34Acts constituting coercion. 11 Del.C. §791 7.1.35Burglary in the second degree. 11 Del.C. §825 7.1.36Burglary in the first degree. 11 Del.C. §826 7.1.37Robbery in the second degree. 11 Del.C. §831 7.1.38Robbery in the first degree. 11 Del.C. §832 7.1.39Carjacking in the second degree. 11 Del.C. §835 7.1.40Carjacking in the first degree. 11 Del.C. §836 7.1.41Extortion. 11 Del.C. §846 7.1.42Identity theft. 11 Del.C. §854 7.1.43Felony forgery. 11 Del.C. §861 7.1.44Falsifying business records. 11 Del.C. §871 7.1.45Felony unlawful use of a credit card. 11 Del.C. §903 7.1.46Insurance fraud. 11 Del.C. §913 7.1.47Health care fraud. 11Del.C. §913A 7.1.48Dealing in children. 11 Del.C. §1100 7.1.49Endangering the welfare of a child. 11 Del.C. §1102 7.150Endangering the welfare of an incompetent person. 11 Del.C. §1105 7.1.51Unlawfully dealing with a child. 11 Del.C. §1106 7.1.52Sexual exploitation of a child. 11 Del.C. §1108 7.1.53Unlawful dealing in child pornography. 11 Del.C. §1109 7.1.54Possession of child pornography 11 Del.C. §1111 7.1.55Sexual offenders; prohibitions from school zones. 11 Del.C. §1112 7.1.56Sexual solicitation of a child. 11 Del.C. §1112A 7.1.57Terroristic threatening of public officials or public servants. 11 Del.C. §1240 7.1.58Felony abetting the violation of driver’s license restrictions. 11 Del.C. §1249 7.1.59Felony offenses against law enforcement animals. 11 Del.C. §1250 7.1.60Felony hate crimes. 11 Del.C. §1304 7.1.61Felony stalking. 11 Del.C. §1312A 7.1.62Felony cruelty to animals. 11 Del.C.. §1325 7.1.63Felony maintaining a dangerous animal. 11 Del.C. §1327(a) 7.1.64Felony violation of privacy. 11 Del.C. §1335(a) 7.1.65Adulteration. 11 Del.C. §1339 7.1.6966 Promoting prostitution in the second degree. 11 Del. C. § 1352 7.1.67Promoting prostitution in the first degree. 11 Del.C. §1353 7.1.68Obscenity. 11 Del.C. §1361 7.1.69Carrying a concealed deadly weapon. 11 Del.C. §1442 7.1.70Felony unlawful dealing with a dangerous weapon. 11 Del.C. §1445(a) 7.1.71Felony possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447 7.1.72Possession of a firearm during a commission of a felony. 11 Del.C. §1447A 7.1.73Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448 7.1.74Felony Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457 7.1.75Duty to report child abuse or neglect. 16 Del.C. §903 7.1.76Abuse, neglect, mistreatment or financial exploitation of residents or patients in a nursing or similar facility. 16 Del.C. §1136 7.1.77Felony falsification or destruction of records related to maintenance medical treatment. 16 Del.C. §2513 7.1.78Manufacture, delivery or possession with intent to deliver schedule I or II narcotic drugs. 16 Del.C. §4751 7.1.79Manufacture, delivery or possession with intent to deliver Schedule I, II, III, IV, or V non-narcotic drugs. 16 Del.C. §4752 7.1.80Unlawful delivery or noncontrolled substances. 16 Del.C. §4752A. 7.1.81Possession, consumption, or use of controlled substances. 16 Del.C. §4753. 7.1.82Trafficking in marijuana, cocaine, illegal drugs, metamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A 7.1.83Possession, consumption, or use of non- narcotic controlled substances classified in Schedule I, II, III, IV, or V. 16 Del. C. § 4754 7.1.84Crimes related to controlled substances. 16 Del.C. §4756 7.1.85Distribution of controlled substances to persons under 21 years of age. 16 Del.C. §4761 7.1.86Distribution, delivery or possession of a controlled substance within 1,000 feet of school property. 16 Del.C. §4767 7.1.87Distribution, delivery or possession of a controlled substance within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. §4768 7.1.88Felony obtaining benefit under false representation. 31 Del.C. §1003 7.1.89Felony falsification of reports, statements, or documents. 31 Del.C. §1004 7.1.90Kickback schemes and solicitation. 31 Del.C. §1005 7.1.91Conversion of benefit payment. 31 Del.C. §1006 7.1.92Intentional abuse, neglect, mistreatment, or exploitation of an infirm adult. 31 Del.C. §3913 7.2Crimes substantially related to the practice of occupational therapy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. *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 Board of Occupational Therapy is available at: http://dpr.delaware.gov/boards/ occupationaltherapy/index.shtml DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 262 Education Impact Analysis Pursuant To 14 Del.C. §122(d) PUBLIC NOTICE 262 General Administrative Appeal Procedures for National School Lunch Programs (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA) - Fiscal Action A.Type of Regulatory Action Required New Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education intends to adopt a new regulation 14 DE Admin. Code 262 General Administrative Appeal Procedures for the National School Lunch Programs (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA) - Fiscal Action in order to comply with the requirements in the federal statute for an appeal procedure. C.Impact Criteria 1.Will the new regulation help improve student achievement as measured against state achievement standards? The new regulation addresses the appeal procedure for the National School Lunch, Breakfast and Snack Programs not student achievement. 2.Will the new regulation help ensure that all students receive an equitable education? The new regulation addresses the appeal procedure for the National School Lunch, Breakfast and Snack Programs not equable education issues. 3.Will the new regulation help to ensure that all students’ health and safety are adequately protected? The new regulation addresses the appeal procedure for the National School Lunch, Breakfast and Snack Programs not health and safety issues. 4.Will the new regulation help to ensure that all students’ legal rights are respected? The new regulation addresses the appeal procedure for the National School Lunch, Breakfast and Snack Programs not students’ legal rights. 5.Will the new regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The new regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the new regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The new 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 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 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 federal statute requires the Department to have an appeal procedure in 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 or to the local school boards of compliance with the regulation. 262 General Administrative Appeal Procedures for the National School Lunch Program (NSLP), the School Breakfast Program (SBP) and the After School Snack Program (ASSP) of the United States Department of Agriculture (USDA) – Fiscal Action 1.0Institutions participating in the Delaware NSLP, SBP and ASSP may request an Administrative Appeal of the following fiscal actions: 1.1Denial of all or a part of an institution’s claim for reimbursement or withholding payment arising from a Coordinated Review Effort (CRE) or follow-up review activity conducted by the Delaware State Agency under Volume 7 of the Code of Federal Regulations (7 CFR) 210.18; and, 1.2Withholding of program payments resulting from a CRE. 2.0Administrative Appeal shall apply as set forth below, and will be conducted as follows: 2.1The Department of Education (“Department”) shall give written notice of the action being taken or proposed, the grounds upon which the action is based, and the procedures under which the school food authority (SFA) may request an appeal of the action. Notice shall be given to the SFA individuals by certified mail, return receipt requested. As used herein, “Petitioner” means an SFA or its responsible individuals, as appropriate under the circumstances. 2.2A request for administrative appeal shall be submitted to the Department in writing, postmarked within 10 calendar days after the date the notice of action is received. The Department shall acknowledge receipt of the request for appeal within 10 calendar days. 2.3Any information on which the Department’s action was based will be available to the petitioner for inspection from the date of receipt by the Department of the request for an administrative appeal; if alterations or adjustments can be developed that are agreeable to both the petitioner and the Department, such procedure shall be followed. 2.4The petitioner may refute the findings contained in the notice of action in person or by submitting written documentation to the Department’s review official. In order to be considered, written documentation must be submitted to the review official not later than 30 days after the petitioner submitted the appeal, shall clearly identify the State agency (SA) action being appealed, and shall include a photocopy of the notice of action issued by the SA. 2.5A hearing must be held by the administrative appeal official in addition to, or in lieu of, a review of written information only if the petitioner requests a hearing in the written request for an administrative appeal. If the petitioner fails to appear at a scheduled hearing, the petitioner waives the right to a personal appearance before the administrative appeal official, unless the administrative appeal official agrees to reschedule the hearing. A representative of the Department may, but is not required, to attend the hearing to respond to the petitioner’s testimony and written information and to answer questions posed by the administrative appeal official. If a hearing is requested, the petitioner and the Department must be provided with at least 10 days written notice, sent by certified mail, return receipt requested, of the time and place of the hearing. 2.6The petitioner may retain legal counsel or may be represented by another person if permitted by law. 2.7The administrative appeal official shall be independent and impartial, other than, and not accountable to, any person authorized to make decisions that are subject to appeal under the provisions of this section. The administrative appeal official may be an employee of the Department, but shall not have been involved in the action that is the subject of the administrative review, or have a direct personal or financial interest in the outcome of the administrative review. The petitioner may contact the administrative appeal official directly, but all such contacts shall include the participation of a representative of the Department, if the Department chooses to participate. 2.8The administrative appeal official shall make a determination based solely on the information provided by the Department, the petitioner, and based upon Program regulations, policies and procedures governing the NSBP and NSLP. 2.9The decision of the administrative appeal official shall be issued to the Department and petitioner within 60 days of the Department’s receipt of the request for review, by written notice, sent by certified mail, return receipt requested. If the last day on which the decision is to be issued shall fall on a Saturday, Sunday, legal state holiday, or day when the Department is closed due to adverse weather conditions, the decision shall be issued on the next regular work day of the Department. The failure to issue a timely decision shall not, constitute grounds for reversing the Department’s action. The decision of the administrative appeal official is the final administrative determination to be afforded to the petitioner, unless the CRE or review included USDA officials. When USDA officials participate in the CRE or review leading to the fiscal actions taken, then an appeal may be made to the USDA as specified under 4.0 below. 2.10The Department’s action shall remain in effect during the appeal process. 2.11The Department shall maintain a searchable record of all administrative reviews and the dispositions of the same. The record shall document the Department’s compliance with these regulations and shall include the basis for its decision. 3.0When the CRE or follow-up activity is conducted by the State agency only, the appeal shall be made to the: Secretary of Education, Delaware Department of Education, P.O. Box 1402, Dover, DE 19903 4.0When the CRE is performed as a State-Assisted CRE with participation of USDA officials, at the discretion of the petitioner, the appeal may also be made to the: Chief, Administrative Review Branch, USDA-FNS, 3101 Park Center Drive, Alexandria, VA 22302 4.1Any appeal correspondence should be marked “Request for Review”. The USDA Administrative Review Branch conducting an appeal will make a determination based on information provided by the Food and Nutrition Service, the appellant and the Program regulations. DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 264 Education Impact Analysis Pursuant To 14 Del.C. §122(d) PUBLIC NOTICE 264 General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/USDA A.Type of Regulatory Action Required New Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education intends to adopt a new regulation 14 DE Admin. Code 264 General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/ USDA in order to comply with the requirements in the federal statute for an appeal procedure. C.Impact Criteria 1.Will the new regulation help improve student achievement as measured against state achievement standards? The new regulation addresses the appeal procedures for the Summer Food Service Program not student achievement. 2.Will the new regulation help ensure that all students receive an equitable education? The new regulation addresses appeal procedures for the Summer Food Service Program not equity issues. 3.Will the new regulation help to ensure that all students’ health and safety are adequately protected? The new regulation addresses appeal procedures for the Summer Food Service Program not health and safety issues. 4.Will the new regulation help to ensure that all students’ legal rights are respected? The new regulation addresses appeal procedures for the Summer Food Service Program not students’ legal rights. 5.Will the new regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The new regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the new regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The new 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 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 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 federal statute requires the Department to have an appeal procedure in 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 state and local boards for compliance with this regulation. 264 General Administrative Appeal Procedures for the Summer Food Service Programs of the United States Department of Agriculture CACFP/USDA 1.0Institutions participating in the Delaware SFSP may request an Administrative Appeal of the following actions: 1.1Denial of a new or renewing institution's application for participation; 1.2Denial of a sponsor’s request for an advance payment; 1.3Denial of all or a part of a sponsor’s claim for reimbursement (except for a denial based on a late submission under 7 CFR § 225.9(d)(5); 1.4Refusal to forward to FNS an exception request by the sponsor for payment of a late claim or request for an upward adjustment to a claim; 1.5A claim against a sponsor for remittance of a payment; 1.6Termination of the sponsor or site; and, 1.7Denial of a sponsor’s application for a site; 2.0Notwithstanding the provisions of Section 1.0 above, institutions participating in the Delaware SFSP may not request an Administrative Review of the following action: 2.1decisions made by FNS with respect to late claims or upward adjustments under S 225.9(d)(5). 3.0Administrative appeal procedures shall apply as set forth below, and will be conducted as follows: 3.1The Department of Education (“Department”) shall give written notice of the action being taken or proposed, the grounds upon which the action is based, and the procedures under which the sponsor or food service management company may request an appeal of the action. Notice shall be given to the institution’s executive director or other responsible individuals by certified mail, return receipt requested. As used herein, “Petitioner” means a participating institution or agency, or its responsible individuals, as appropriate under the circumstances. 3.2A request for administrative appeal shall be submitted to the Department in writing not later than 15 days after the date the notice of action is received and the appeal shall meet the requirements specified in 3.5 below. 3.3The petitioner shall make an appeal within ten (10) working days from the date on which the notice of action is received. 3.4Any information on which the Department’s action was based shall be available to the petitioner for inspection from the date of receipt by the Department of the request for an administrative appeal. 3.5The petitioner may refute the findings contained in the notice of action in person or by submitting written documentation to the Department’s review official. In order to be considered, written documentation shall be submitted to the review official not later than seven (7) days after the petitioner submitted the appeal, must clearly identify the Department action being appealed, and must include a photocopy of the notice of action issued by the Department. 3.6A hearing shall be held by the administrative appeal official in addition to, or in lieu of, a review of written information only if the petitioner requests a hearing in the written request for an administrative appeal. If the petitioner fails to appear at a scheduled hearing, the petitioner waives the right to a personal appearance before the administrative appeal official, unless the administrative appeal official agrees to reschedule the hearing. A representative of the Department may, but is not required, to attend the hearing to respond to the petitioner’s testimony and written information and to answer questions posed by the administrative appeal official. If a hearing is requested, the petitioner and the Department must be provided with at least 10 days written notice, sent by certified mail, return receipt requested, of the time and place of the hearing. 3.7The petitioner may retain legal counsel or may be represented by another person if permitted by law. 3.8The hearing shall be held within fourteen (14) days of the date of the receipt of the request for review, but, where applicable, not before the appellant’s written documentation is received in accordance with paragraphs 3.4–3.7 above. 3.9The administrative appeal official shall be independent and impartial. The administrative appeal official may be an employee of the Department, but shall not have been involved in the action that is the subject of the administrative review, or have a direct personal or financial interest in the outcome of the administrative review. The petitioner may contact the administrative appeal official directly, but all such contacts shall include the participation of a representative of the Department, if the Department chooses to participate. 3.10The administrative appeal official shall make a determination based solely on the information provided by the Department, the petitioner, and based upon Program regulations, policies and procedures governing the SFSP. 3.11The decision of the administrative appeal official shall be issued to the Department and petitioner within five (5) days of the petitioner’s hearing, or within five (5) working days after receipt of the written documentation if no hearing is held, the appeal official shall make a determination based upon a full review of the administrative record and inform the petitioner of the determination of the review by certified mail, return receipt requested. If the last day on which the decision is to be issued shall fall on a Saturday, Sunday, legal state holiday, or day when the Department is closed due to adverse weather conditions, the decision shall be issued on the next regular work day of the Department. The failure to issue a timely decision shall not, constitute grounds for reversing the Department’s action. The decision of the administrative appeal official is the final administrative determination to be afforded to the petitioner. 3.12The Department’s action shall remain in effect during the appeal process. However, participating sponsors and sites may continue to operate the Program during an appeal of termination, and if the appeal results in overturning the Department’s decision, reimbursement shall be paid for meals during the appeal process. However, such continued Program operation shall not be allowed if the Department’s action is based on imminent dangers to the health or welfare of children. If the sponsor or site has been terminated for this reason, the Department shall so specify in its notice of action. 3.13The Department shall send written notification of the complete appeal procedures and of the actions which can be appealed, as specified in sections 1.1–1.7 above, to each potential sponsor applying to participate and to each food service management company applying to register in accordance with 7 CFR 225.6(g). 3.14The Department shall maintain a searchable record of all administrative reviews and the dispositions of the same. The record shall document the Department’s compliance with these regulations and shall include the basis for its decision. DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 701 Education Impact Analysis Pursuant To 14 Del.C. §122(d) PUBLIC NOTICE 701 Unit Count A.Type of Regulatory Action Required Amendment to Existing Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code 701 Unit Count in order to clarify issues in 4.1.1 concerning the Delaware Adolescent Program, in 4.1.6 concerning Alternative Education Programs, in 4.1.7 concerning gifted kindergarten students, in 4.1.13 concerning Vocational Programs, in 5.1.6 concerning students enrolled in a Homeschool and in 7.1.2 concerning Charter Schools. Editorial corrections have also been made. C.Impact Criteria 1.Will the regulation help improve student achievement as measured against state achievement standards? The amended regulation does not affect student achievement as measured against state achievement standards. 2.Will the regulation help ensure that all students receive an equitable education? The amended regulation ensures that students identified as gifted in those districts and charter schools which choose to have an early admissions policy for kindergarten are treated equitably for purposes of enrollment. 3.Will the regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses the unit count and not health and safety. 4.Will the regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses the unit count and does clarify the legal rights of the types of students referenced in the amendment. 5.Will the 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 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 or school level. 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 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 amended regulation. 10.What is the cost to the State and to the local school boards of compliance with the regulation? The amended regulation may have an impact on the unit funding and or the assessment costs for school districts and charter schools. 701 Unit Count 1.0Forms and Record Keeping 1.1All information submitted through the unit count process shall be on the forms provided by the Department of Education or in such other format as may be acceptable to the Department. 1.2Each school shall maintain September enrollment records in a manner which will allow for efficient enrollment audits by the Department of Education and the State Auditor of Accounts. At the end of September, each school shall assemble a comprehensive enrollment file that contains all necessary support materials to substantiate the enrollments reported. This file shall be retained in the school for at least three years. 1.3Records to substantiate special education students included in the enrollment count shall contain: student name, cohort age group, grade level, eligibility category, name of special education teachers serving the student in September, and number of hours of special education services received during the last week of school in September. Individual student case studies, evaluations, and reports of specialists do not need to be maintained as part of the September 30 enrollment file. However, individual student files may be reviewed by the Department of Education or State Auditor of Accounts to ascertain that the students reported are bonafide identified as special education students as per 14 DE Admin. Code 925. 2.0Special Situations Regarding Enrollment 2.1All exceptions and extenuating circumstances relating to the enrollment count are addressed to the Secretary of Education and shall be received by the Secretary for consideration prior to September 30. 2.2Students with multiple disabilities shall be reported in the category that corresponds to their major eligibility category. 2.3Students included in the special education unit count under the placement provisions of Transfer Student or Emergency Temporary Placement or Change of Placement shall meet the evaluation and placement requirements found in 14 DE Admin. Code 925. 2.4Students not assigned to a specific grade shall be reported in a grade appropriate for their age or their instructional level for purposes of the unit count. 3.0Accounting for Students not in Attendance the Last Ten Days in September 3.1For students not in attendance at school during the last 10 school days of September, the following information shall be on file to substantiate their inclusion in the enrollment count: 3.1.1Reason for absence, usually medical, and date of last direct contact with student or parent. 3.1.2Reason to believe that student will be returning to school before November 1st. 3.1.3Districts and Charter Schools enrolling a within-state transfer student during the last ten school days of September shall notify the student's previous district or charter school of such enrollment no later than the last student attendance day of September. The notification shall be by fax with a follow-up letter to the previous district central office unit count coordinator’s office. The notification shall be clearly labeled Unit Count Transfer Students and include the student's name, grade, and previous school of attendance. A student enrolling with a formal notice of withdrawal from the previous district or charter school is exempted from this notification requirement. Failure to follow the notification procedure may result in including the same student in two different district or charter school enrollments and hence unit counts. If that occurs, the student will be disallowed from the receiving district'sdistrict or charter school’s enrollment and unit count. Copies of the fax transmittals and follow-up letters shall be on file to substantiate the student's inclusion in the receiving district'sdistrict or charter school’s enrollment and unit count. 4.0Programs, Situations and Program Types that Qualify for Inclusion in the Unit Count 4.1Students in the following programs, situations and program types shall qualify for inclusion in the enrollment count: 4.1.1Delaware Adolescent Program, Inc. (DAPI): A student enrolled in DAPI on September 30 may be counted in the home school enrollment count. If the student received special education services the previous year in the reporting school, the student may continue to be reported for the same level of special education service as was received during the previous year. If enrolled the previous year in a vocational program in the reporting school, the student may continue to be reported as enrolled in the next vocational course in the program series. 4.1.1Delaware Adolescent Program, Inc. (DAPI): 4.1.1.1Students enrolled in DAPI shall be counted in the enrollment of the sending school. 4.1.1.2Students shall be reported for the level of special education service as defined by the current IEP. 4.1.1.3If a student was enrolled the previous year in a vocational program in the reporting school, the students shall be reported as enrolled in the next vocational course in the program series. 4.1.2Repeating seniors who are enrolled in school for a minimum number of instructional hours defined as three traditional courses or an equivalent time in a block schedule, shall be included in the unit count provided they meet the age and residency requirements. Students in the James H. Groves In-school Credit Program (14 DE Admin. Code 915.2.4) and students in the Advanced Placement Program shall be enrolled and attend at least one full credit course in their high school to be included in the unit count provided they also meet the age and residency requirements. 4.1.3Temporary problem, usually medical, which precludes school attendance prior to November 1st. 4.1.4Supportive Instruction (Homebound): Students receiving supportive instruction (homebound) pursuant to 14 DE Admin. Code 930 qualify for inclusion in the unit count. 4.1.4.1A child with a disability receiving supportive instruction (homebound) shall be included in the unit count as a full-time special education student if, in the child's placement immediately preceding the homebound placement, the child was receiving instruction from a certified special education teacher for at least 12 ½ 12.5 hours per week. 4.1.4.2A child with a disability receiving supportive instruction (homebound) shall be included in the unit count as a part-time special education student if, in the child's placement immediately preceding the homebound placement, the child was receiving instruction from a certified special education teacher for less than 12 ½ 12.5 hours per week. 4.1.6Alternative Education Program: A student enrolled in an Alternative Program on September 30 may be counted in the home school enrollment count. If the student received special education services the previous year in the reporting school], the student may continue to be reported for the same level of special education service as was received the previous year. If enrolled the previous year in a vocational program in the reporting school, the student may be reported as enrolled in the next vocational course in the program series. 4.1.6Consortium Discipline Alternative Program: 4.1.6.1Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the enrollment of the sending school. (see 14 DE Admin. Code611) 4.1.6.2Students shall be reported for the level of special education service as defined by the current IEP. 4.1.6.3If a student was enrolled in the previous year in a vocational program in the reporting school, the students shall be reported as enrolled in the next vocational course in the program series. 4.1.7Gifted or talented students as defined in 14Del C. §3101 beginning with the chronological age of 4 inclusive, who have been identified by professionally qualified persons (14 Del.C. §3101), are recorded in the grade level enrollment group to which they are assigned. These students should be evaluated using standardized assessment instruments. 4.1.7Students enrolled in kindergarten pursuant to 14 DE Admin. Code 940 shall be counted in the grade level enrollment group to which they are assigned. 4.1.8Except as provided in section 5.0 and 7.2 of this regulation, all pre-kindergarten children with disabilities shall be counted as full-time in the appropriate eligibility category. 4.1.9Students enrolled in residential facilities as of the last day of September. These students are included in the enrollment count of the district operating the instructional program in that facility. The facilities that are eligible shall be identified each year by the Department of Education. 4.1.10Regular Programs - Regular programs include students who are enrolled in the regular elementary or secondary curriculum of the school, i.e., the core of the school subjects, which most students take. 4.1.11Full-time Special Education Services - Students who have been properly identified, and receive instruction from a certified special education teacher for at least 12 1/2 12.5 hours per week. Children with disabilities must have appropriate supporting documentation on file as required by the Identification, Evaluation and Placement Process in 14 DE Admin. Code 925. 4.1.12Part Time Special Education Services - Students who have been properly identified and receive instruction from a certified special education teacher for less than 12 1/2 12.5 hours per week. These children with disabilities must meet all other criteria for full-time special education services. For unit count computation, they will have their time apportioned between a regular student in a specified grade and a special student in a specified category. 4.1.12.1The apportioning is accomplished by dividing the number of hours that each student receives instruction from a certified special education teacher by 15. For example, if a second grade student eligible for special education services in the Learning Disabled category receives 11.5 hours of special education service per week, the student is counted as a .77 LD student (11.5/15 = .77) and a .23 second grade regular student. This accounts for one Full-Time Equivalent Student (.77 + .23 = 1.0). 4.1.13Vocational Programs - A maximum of 900 minutes of vocational time per week per student shall be credited toward the vocational unit determination. Students who attend full time, 900 minute vocational programs are not counted in any other vocational course. They have the maximum time allowed. However, units shall be counted on the basis of 1 unit for each 30 students or major infraction thereof for students enrolled in the New Castle County Votech School District, the POLYTECH School District and the Sussex Technical School District. 5.0Programs and/or Situations that Do Not Qualify for the Unit Count 5.1Students in the following programs and situations do not qualify for inclusion in the enrollment count: 5.1.1Students who have not attended school during the last 10 days of September 5.1.2Students who are enrolled in General Education Development (GED) programs 5.1.3Students who are enrolled in other than Department of Education approved programs 5.1.4Students who are transferred to a state residential facility during September shall not be included in the enrollment count of the District unless that District operates the facility's instructional program; otherwise the student must be treated as a withdrawal 5.1.5Children eligible for special education under Developmentally Delayed Three Year Old Children and Pre-School Speech Delayed 3 and 4 Year Old Children. Services will be provided for these students through an annual appropriation to the Department of Education specifically for that purpose (14 Del.C. §1703). 5.1.6Students enrolled in a Homeschool as defined in 14 Del.C 2703A. 6.0Nontraditional High School Schedules: For unit count purposes if a special education studentstudent receiving special education services or a vocational student in a school utilizing nontraditional schedules receives, during the course of the year, the same amount of instruction the student would have received under a traditional class schedule, the district shall average the time and calculate instructional time on a weekly basis; providing however, that a vocational student receives a minimum of 300 minutes of instruction per week and a full-time special education student receives a minimum of 7.5 hours of instruction per week. 6.1The following exemplifies a situation with the required minimum minutes and hours for a full time vocational and/or special education student and shows that the heavy concentration of minutes or hours could occur either in the fall or the spring of the year. Fall/Spring Vocational =300 minutes per week Spring/Fall Vocational =1500 minutes per week 1800 /2 = 900 minutes per week Fall/Spring Special Education =7.5 hours per week Spring/Fall Special Education=17.5 hours per week =25.0 /2 = 12.5 hours per week 7.0Charter Schools 7.1Charter schools shall be allowed the following options in calculating their unit count: 7.1.1Using the standard public school procedure: major fraction unit rounding rule in each category; or 7.1.2Adding the fractional units in each category and using the major fraction unit rounding rule on the total. Adding the fractional units in each category, fractional units will be funded 7.2Funding for charter schools is limited to students lawfully enrolled in such grades K through 12 as the charter school may be approved to operate. Charter schools shall not include any pre-k students in their enrollment for unit count purposes. This section shall not be interpreted to authorize any charter school to enroll pre-k students. 8.0Unit Adjustments After Audit If, after the units are certified by the Secretary of Education, a student is disqualified through the auditing process from the unit count, the units will be recalculated without that student. An other Another eligible student shall not be substituted for the disqualified student. A special education student who has been identified and is receiving special education services and is disqualified from the unit count due to irregularities contained within supporting documentation, may then be included in the appropriate regular enrollment category provided the student meets eligibility requirements. Only a student disqualified by the audit process may be reassigned to another unit category. In no event can this adjustment result in a net increase in units for a district. 2 DE Reg. 382 (9/1/98) 5 De Reg. 627 (9/1/01) 6 DE Reg. 74 (7/1/02) DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 712 Education Impact Analysis Pursuant To 14 Del.C. §122(d) PUBLIC NOTICE 712 Employee Leave A.Type of Regulatory Action Required Amendment to Existing Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code 712 Employee Leave in order to add school districts to Sections 1.0 and 2.0 and to change the reference to “vacation time” to “annual leave”. The statement that “if there is a break in service the transfer of annual leave can only occur if the break is less than six (6) months” has also been added to Section 1.0. C.Impact Criteria 1.Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses employee leave issues not student achievement. 2.Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses employee leave issues 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 employee leave not health and safety issues. 4.Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses employee leave 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 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 or to the local school boards. 712 Employee Leave 1.0Sick Leave. Sick leave accumulated by an employee of any state agency or school district shall be transferred when said employee begins subsequent employment in a school district. If there is a break in service the transfer can only occur if the break was for less than six (6) months. 1.1Sick leave days are made available at the start of the fiscal year, but adjustments for employees who terminate service prior to the end of the school year shall be made in the final paycheck. 2.0Vacation Annual Leave. Subject to any limitation imposed by statute, accumulated vacation annual leave shall be paid upon termination of employment. The employee may either remain on the regular payroll until such time as all vacation time annual leave is exhausted, or a lump sum payment may be made for all unused vacation time annual leave on the employee's final paycheck. The vacated position may be filled at any time provided that the two employees do not receive compensation for the same pay period. Accumulated vacation time annual leave shall not be transferred between different employing state agencies or school districts. 3 DE Reg. 1392 (4/1/00) DEPARTMENT OF EDUCATION Statutory Authority: 14 Delaware Code, Section 122(d) (14 Del.C. §122(d)) 14 DE Admin. Code 940 Education Impact Analysis Pursuant To 14 Del.C. §122(d) PUBLIC NOTICE 940 Early Admission to Kindergarten for Gifted Students A.Type of Regulatory Action Required New Regulation Synopsis of Subject Matter of the Regulation The Secretary of Education seeks the approval of the State Board of Education to adopt a new regulation 14 DE Admin. Code 940 Early Admission to Kindergarten for Gifted Students in order to clarify what a school must do if they choose to admit gifted students to kindergarten before they are five years of age. C.Impact Criteria 1.Will the new regulation help improve student achievement as measured against state achievement standards? The new regulation may have an effect on student achievement as a fairness issue for gifted four year olds. 2.Will the new regulation help ensure that all students receive an equitable education? The new regulation may have an effect on issues of an equitable education as a fairness issue for gifted four year olds. 3.Will the new regulation help to ensure that all students’ health and safety are adequately protected? The new regulation may have an effect on issues of health and safety of the gifted four olds. 4.Will the new regulation help to ensure that all students’ legal rights are respected? The new regulation will help to clarify the rights of gifted four olds. 5.Will the new regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The new regulation will preserve the necessary authority and flexibility of decision making at the local board and school level. 6.Will the new regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The new 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 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 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? Early entry kindergarteners add to the cost of the unit count. 940 Early Admission to Kindergarten for Gifted Students 1.0When providing early enrollment into kindergarten of children who are gifted pursuant to the provisions of 14 Del.C. §3103(a) or (b), local school districts and charter schools shall comply with the following requirements: 1.1At the request of any parent, legal guardian or person acting as a caregiver pursuant to 14 Del.C. §202 (f), the district or charter school shall conduct an evaluation of any such potentially gifted child by a school psychologist or other professionally qualified person, in conjunction with other appropriate personnel, to determine the child’s outstanding mental/cognitive abilities and to determine if the child can demonstrate the social, emotional, and physical maturity, normally expected for successful participation in kindergarten. A discussion shall be held to determine the parent, guardian or caregiver’s reason for requesting the child’s early admission to kindergarten prior to the legal age. 1.2The evaluation shall be conducted at no cost to the parent, guardian or caregiver. In order to qualify for early enrollment, the results of the evaluation must indicate that the child achieved a measured score at least 1.5 standard deviations above the mean score for the assessment instrument used to determine the child’s outstanding mental/ cognitive abilities, and that the child possesses the social emotional and physical maturity to successfully participate in kindergarten. 1.3Following the completion of the evaluation, a representative of the school district or charter school who is knowledgeable of the evaluation process and any assessments used during the evaluation shall talk with the parent, guardian or caregiver to discuss the evaluation results. DEPARTMENT OF FINANCE DIVISION OF REVENUE Statutory Authority: 29 Delaware Code, Section 6087(e) (29 Del.C. §6087(e)) PUBLIC NOTICE Tobacco Quarterly Escrow Installments and Certification Pursuant To 29 Del.C. Ch. 60(d) The Division of Revenue proposes to adopt the following regulation concerning Tobacco Quarterly Escrow Installments and Certification Pursuant To 29 Del.C. Ch. 60(d). Written comments or other written materials concerning the proposed regulation must be received by the Division of Revenue no later than 4:30 p.m., Tuesday, March 15, 2005, and should be addressed to Deputy Attorney General Drue Chichi, Esquire, c/o Department of Finance, Division of Revenue, 820 North French Street, Wilmington, DE 19899-8911 or sent by fax to (302) 577-8202 or Email to drue.chichi@state.de.us. Authority These regulations are issued pursuant to the authority given the Department of Finance for the State of Delaware (the Department) pursuant to Title 29 of the Delaware CodeRelating To the Tobacco Settlement Act of 1999, Chapter 60D, Section 6087(e). Quarterly Escrow Installments The Department may require Non Participating Tobacco Product Manufacturers subject to the requirements of subsection 3(a)(2) to make escrow deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Department may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit. Regulation Quarterly Escrow Installments shall be required in the case of nonparticipating tobacco manufacturers who meet the following criteria: (a)No Previous Escrow Deposit. Nonparticipating tobacco manufacturer that have not previously established and funded a qualified escrow fund in Delaware; (b)No Escrow Deposit For More Than One Year. Nonparticipating tobacco manufacturer that have not made any escrow deposits for more than one year. (c)Untimely or Incomplete Deposits. Nonparticipating tobacco manufacturer that have failed to make a timely and complete escrow deposit for any prior calendar year; (d)Outstanding Judgments. Nonparticipating tobacco manufacturer that have failed to pay any judgment, including any civil penalty; (e)Large Sales Volume. Nonparticipating tobacco manufacturer that have more than 500,000 of their cigarettes sold in Delaware during a quarter; and (f)Other Reasonable Cause. In addition to the reasons specified above, the Attorney General may require quarterly escrow deposits from a Nonparticipating tobacco manufacturer if the Attorney General has reasonable cause to believe the nonparticipating manufacturer may not make its full required escrow deposit by April 15 of the year following the year in which the cigarette sales were made. Deadline for Quarterly Escrow Deposits Nonparticipating tobacco manufacturer who are required to make quarterly escrow deposits must do so no later than thirty (30) days after the end of the quarter in which the sales are made. For example, the deadline for making a quarterly escrow deposit for cigarette sales that occurred during the first quarter of the year (Jan-Mar) is April 30 of the same year. Deadline for Submitting Quarterly Certification and Notice to Attorney General Nonparticipating tobacco manufacturer who are required to make quarterly escrow deposits must provide the Attorney General with their quarterly certifications and official notification of the quarterly escrow deposit no later than ten (10) days after the deadline for which an escrow deposit is required. For example, the deadline for certifying and officially notifying the Attorney General of a quarterly escrow deposit for sales of cigarettes that occurred during the first quarter of the year (Jan-Mar) is May 10 of the same year. Quarterly Periods Defined For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. Notice to Nonparticipating Tobacco Manufacturers Any nonparticipating tobacco manufacturer required to make quarterly escrow deposits and to certify its compliance with this rule shall be notified of those requirements by first class mail sent to its last known address. Decertification If the required quarterly escrow deposit is not timely made in full, or the required quarterly certification is not provided to the Attorney General, or the Attorney General does not receive timely official notice of the quarterly escrow deposit, the Nonparticipating tobacco manufacturer and its brand families may be decertified and removed from Delaware’s Directory of Cigarette Brands and Brand Families Approved for Stamping and Sale in Delaware. Patrick Carter Director of Revenue APPROVED AS TO FORM AND LEGAL SUFFICIENCY, Drue Chichi, Esquire Deputy Attorney General DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) PUBLIC NOTICE Food Stamp 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 107, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the policy of the Food Stamp Program in the Division of Social Services Manual (DSSM) as it relates to joint application processing. 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, P.O. Box 906, New Castle, Delaware 19720-0906 by March 2, 2005. 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 Citations •7 CFR 273.2(j): PA, GA and Categorically Eligible Households •Federal Final Rules of Food Stamp Program: Noncitizen Eligibility and Certification Provisions of Public Law 104-193, as Amended by Public Laws 104-208, 105-33, and 105-185. The changes require DSS to notify TANF/GA/RCA households: •that time limits or other requirements that apply to the receipt of TANF/GA/RCA benefits do not apply to the receipt of food stamp benefits; and •that households no longer receiving TANF/GA/ RCA may still be eligible for food stamp benefits. Additionally, the proposed changes: •encourage applicants to continue to apply for food stamp benefits even if the household determines not to apply for TANF/GA/RCA; and •inform households that receiving food stamps will have no bearing on any other program’s time limits that may apply to the household. DSS PROPOSED REGULATION #05-01 REVISIONS: 9028.1Joint Application Processing Notify households applying TANF/GA/RCA of their right to apply for food stamp benefits at the same time and permit them to do so. DSS will notify such households that time limits or other requirements that apply to the receipt of TANF/GA/RCA benefits do not apply to the receipt of food stamp benefits. DSS will also notify such households, which cease receiving TANF/GA/RCA because they have reached a time limit, have begun working, or were closed for other reasons, that they may still be eligible for food stamp benefits. DSS will encourage applicants to continue to apply for food stamp benefits even if household determines not to apply for TANF/GA/RCA due to the requirements or disadvantages of that program. DSS will inform households that receiving food stamps will have no bearing on any other program’s time limits that may apply to the household. These households’ food stamp eligibility and benefit levels are to be based solely on food stamp eligibility criteria. However, any household in which all members are recipients of TANF/GA/RCA and/or SSI benefits are to be considered eligible for food stamps because of the TANF/GA/RCA/SSI status in accordance with DSSM 9042.2. Recipients include individuals authorized to receive TANF/GA/RCA and or SSI benefits but who have not yet received payment. In addition, persons are considered recipients if the TANF/GA/RCA or SSI benefits are suspended or recouped. Persons entitled to TANF/GA/RCA benefits because the grant is less than $10 are also considered TANF/GA/RCA recipients. Households, whether jointly processed and/or eligible because of their TANF/GA/RCA/SSI status, will be certified in accordance with the notice, procedural and timeliness requirements of the food stamp regulations. DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 311, 2304(16) and 2312 (18 Del.C. §§311, 2034(16) and 2312) PUBLIC NOTICE INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Thursday, March 3, 2005 at 10:00 a.m. in Room 112 of the Tatnall Building, William Penn St., Dover, Delaware. The hearing is to consider amending Regulation 1310relating to Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services. The purpose for amending Regulation 1310 is to speed resolution of health care providers’ claims and simplify the current process for resolution of those claims. The proposed amendments provide for a 30 day time period for insurers to process all clean claims and limits the number of times an insurer can request additional information from a provider. The proposed amendment also redefines a clean claim and changes the penalty provisions for violations of the regulation. The hearing officer shall also consider any non- substantive technical changes that may presented at the time of the hearing. The hearing will be conducted in accordance with 18 Del.C. §311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 4:30 p.m., Monday March 2, 2005, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us. 1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services [Formerly Regulation 80] 1.0Authority This regulation is adopted by the Commissioner pursuant to 18 Del.C. §§311, 2304(16), and 2312. It is promulgated in accordance with 29 Del.C. Ch. 101. 7 DE Reg. 100 (7/1/03) 2.0Definitions 2.1For the purpose of this regulation, the following definitions shall apply: “Carrier” or “Health Insurer” shall have the same meaning applied to it by 18 Del. C. 3343(a)(1). “Clean Claim” shall mean a claim that has no defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that substantially prevents timely payments from being made on the claim. “Health Care Provider” shall mean any entity or individual licensed, certified or otherwise permitted by law pursuant to Titles 16 or 24 of the Delaware Code to provide health care services. “Policyholder,” “Insured” or “Subscriber” shall be a person covered under a health insurance policy or a representative designated by such person and entitled to make claims on his or her behalf. 3.0Scope This regulation shall apply to all health insurers as defined in Section 2, and shall apply to all plans or policies of health insurance or benefits delivered or issued for delivery in this State and which cover residents of this State or employees of employers located in this State and their dependents. Exempted from the provisions of this regulation are policies of automobile and workers compensation insurance, hospital income and disability income insurance, Medicare supplement and long-term care insurance. 7 DE Reg. 100 (7/1/03) 4.0Purpose The purpose of this regulation is to ensure that health insurers pay claims to policyholders and health care providers in a timely manner. This regulation will establish standards for both determining promptness in settling claims and determining the existence of a general business practice for failing to promptly settle such claims under 18 Del. C. 2304(16). 7 DE Reg. 100 (7/1/03) 5.0Prompt Payment of Claims 5.1A health insurer shall pay the benefit due under a clean claim to a policyholder or covered person, or make payment to a health care provider no later than 30 calendar days after receipt of clean claim for services. 5.2A claim is not a clean claim as defined in section 2.2 if any of the following circumstances exist: 5.2.1Where the obligation of a health insurer to pay a claim or make a payment for health care services rendered is not reasonably clear due to a good faith dispute regarding the eligibility of a person for coverage, the liability of another insurer or corporation for all or part of a claim, the amount of the claim, the benefits covered under a contract or agreement, or the manner in which services were accessed or provided. 5.2.2Where there exists a reasonable basis supported by specific information, available for review by the Department, that such claim was submitted fraudulently. 5.2.3For claims properly disputed or litigated and subsequently paid. 5.3In those cases covered by section 5.2.1, a health insurer shall pay all portions of a claim meeting the definition of clean claim in accordance with section 5.1. Additionally, a health insurer shall notify the policyholder in writing within 30 days of the receipt of the claim: 5.3.1that such carrier is not obligated to pay the claim or make the medical payment, in whole or in part, stating the specific reasons why it is not liable; or 5.3.2that additional information is needed and is being sought to determine liability to pay the claim or make the health care payment. 5.4Upon receipt of the information required by section 5.3.2, or upon the administrative resolution of a dispute wherein the health insurer is deemed obligated to pay the benefit due under the claim or make medical payment, a health insurer shall make payment as required by section 5.1. 7 DE Reg. 100 (7/1/03) 6.0General Business Practice 6.1Within a 36 month period, three instances of a health insurer’s failure to pay a Claim or bill for services promptly, as defined in section 5 above, shall give rise to a rebuttable presumption that the insurer is in violation of 18 Del.C. 2304 (16)(f). In determining whether the presumption is rebutted the Commissioner may consider, among other things, whether the health insurer meets nationally recognized timeline standards for claims payments such as those applicable to the Medicare, Medicaid or Federal Employees Health Benefit Plan programs. 6.2The 36 month time period established in section 6.1 shall be measured based upon the date the claims or bills became due. Each claim or bill, or portion of a claim or bill, pertaining to a single medical treatment or procedure provided to an individual policyholder that is processed in violation of this regulation shall constitute an “instance” as described in section 6.1. 7 DE Reg. 100 (7/1/03) 7.0Penalties In addition to the imposition of penalties in accordance with 18 Del.C. 2312(b), the Commissioner may order the health insurer to pay to the health care provider or claimant, in full settlement of the claim or bill for health care services, the amount of the claim or bill plus interest at the maximum rate allowable to lenders under 6 Del.C. 2301(a). Such interest shall be computed from the date the claim or bill for services first became due. 7 DE Reg. 100 (7/1/03) 8.0Causes of Action This regulation shall not create a cause of action for any person or entity, other than the Delaware Insurance Commissioner, against a health insurer or its representative based upon a violation of 18 Del. C. 2304 (16). 7 DE Reg. 100 (7/1/03) 9.0Separability If any provision of this regulation or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of such provisions, and the application of such provision to any person or circumstance other than those as to which it is held invalid, shall not be affected. 7 DE Reg. 100 (7/1/03) 10.0Effective Date This regulation, as amended, shall become effective on August 1, 2003. 7 DE Reg. 100 (7/1/03) 2.0Scope This regulation shall apply to all carriers as defined herein. Exempted from the provisions of this regulation are policies of insurance that provide coverage for accident-only, credit, Medicaid plans, Medicare supplement plans, long- term care or disability income insurance, coverage issued as a supplement to liability insurance, worker's compensation or similar insurance or automobile medical payment insurance. 3.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Carrier” means any entity that provides health insurance in this State. For the purposes of this regulation, carrier includes a health insurance company, health service corporation, health maintenance organization and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. "Carrier" also includes any 3rd-party administrator or other entity that adjusts, administers or settles claims in connection with health benefit plans. “Institutional Provider” means a hospital, nursing home, or any other medical or health-related service facility caring for the sick or injured or providing care for other coverage which may be provided in a health insurance policy. An entity must be a Provider under this Regulation in order to be an Institutional Provider. “Policyholder,” “Insured,” or “Subscriber” means a person covered under a health insurance policy or a representative (other than a provider) designated by such person and entitled to make claims on his behalf. “Provider” means any entity or individual licensed, certified, or otherwise permitted by law pursuant to Titles 16 or 24 of the Delaware Code to provide health care services. 4.0Clean Claim Defined 4.1A nonelectronic claim by a provider, other than an institutional provider, is a clean claim if the claim is submitted using the Centers for Medicare and Medicaid Services (CMS) Form 1500 or, if approved by the Commissioner or CMS, a successor to that form. Data for all relevant fields must be provided in the format called for by the form in order for the claim to constitute a clean claim. 4.2A nonelectronic claim submitted by an institutional provider is a clean claim if the claim is submitted using the CMS Form UB-92, or, if approved by the Commissioner or CMS, a successor to that form. Data for all relevant fields must be provided in the format called for by the form in order for the claim to constitute a clean claim. 4.3An electronic claim by a provider, including an institutional provider, is a clean claim if the claim is submitted using the Professional 837 (ASC X12N 837) format or, if approved by the Commissioner, a successor to that format. Data for all relevant fields must be provided in the format called for by the format in order for the claim to constitute a clean claim. 4.4An insurer and provider may agree by contract to use fewer data elements than are required by the relevant form or format. 4.5An otherwise clean claim submitted by a provider that includes additional fields, data elements, or other information not required by this Regulation is considered to be a clean claim for the purposes of this Regulation. 4.6A claim by a policyholder that is submitted in the carrier’s standard form using information called for by said forms, with all of the required fields completed, is a clean claim. 5.0Means of Submission of Clean Claim 5.1A provider or policyholder may, as appropriate, make delivery of a claim to an insurer as follows: 5.1.1mail a claim by United States mail, first class; 5.1.2submit a claim by delivery service; 5.1.3submit a claim electronically; 5.1.4fax a claim; or 5.1.5hand deliver a claim to an insurer. 6.0Processing of Clean Claim 6.1No more than 30 days after receipt of a clean claim from a provider or policyholder, an insurer shall take one of the following four actions: 6.1.1if the entire claim is deemed payable, pay the total amount of the claim; 6.1.2if a portion of the claim is deemed payable, pay the portion of the claim that is deemed payable and specifically notify the provider or policyholder in writing why the remaining portion of the claim will not be paid; 6.1.3if the entire claim is deemed not payable, specifically notify the provider or policyholder in writing why the claim will not be paid; 6.1.4if the insurer needs additional information from a provider or policyholder to determine the propriety of payment of a claim, the insurer shall request in writing that the provider or policyholder provide documentation that is relevant and necessary for clarification of the claim. The request must describe with specificity the clinical information requested and relate only to information the insurer can demonstrate is specific to the claim or the claim’s related episode of care. A policyholder or provider is not required to provide information that is not contained in, or is not in the process of being incorporated into, the patient’s medical or billing record maintained by the provider whose services are the subject of inquiry. An insurer may make only one request under this subsection in connection with a claim. An insurer who requests information under this subsection shall take action under subsections (a) through (c) of this Section within 15 days of receiving properly requested information. 7.0Bad Faith Within a 36 month period, three instances of a carrier’s failure to comply with Section 6 of this Regulation shall give rise to a rebuttable presumption that the insurer has engaged in bad faith practices in violation of 18 Del.C. §2304. 8.0Interest The Commissioner may order a carrier found to have violated Section 6 of this Regulation to pay to a provider or policyholder the amount of the claim or bill plus interest at the maximum rate allowable to lenders under Delaware law. Such interest shall be computed from the date the claim or bill for services first came due. The remedy permitted by this Section is in addition to, and does not supplant, any other remedies available to the Commissioner or the provider. 9.0Waiver The provisions of this regulation may not be waived, voided, or nullified by contract. 10.0Causes of Action This regulation shall not create a private cause of action in addition to any recognized by statute in the State of Delaware. 11.0Separability If any provision of this regulation, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of such provisions, and the application of such provisions to any person or circumstance other than those as to which it is held invalid, shall not be affected. 12.0Effective Date This regulation, as amended shall become effective for all claims submitted for payment on or after July 1, 2005. All claims for payment submitted for payment prior to July 1, 2005 shall be governed by this regulation amended effective August 1, 2003. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Section 6010 (7 Del.C. §6010) REGISTER NOTICE SAN#2005-01 1.Title Of The Regulations: Tidal Finfish Regulations 2.Brief Synopsis of the Subject, Substance and Issues: The coast wide requirements for recreational black sea bass fishermen, as mandated by the Atlantic States Marine Fisheries Commission’s Fishery Management Plan (FMP), in 2005 are a 12.0 inch minimum size length with a 25 fish creel limit and no closed season. Delaware currently has a twelve (12) inch minimum size limit, a 25 fish creel limit and a closed season during September 8 through September 21 and December 1 through December 31. It is proposed to amend Tidal Finfish Regulation No. 3507 to eliminate the current closed season in order to be in compliance with the Atlantic States Marine Fisheries Commission’s FMP. The Summer Flounder Fishery Management Plan (FMP) details the annual process that the Summer Flounder Fishery Management Board, the Mid-Atlantic Management Council and the National Marine Fisheries Service are to use to establish conservation equivalency for the recreational summer flounder fishery. These agencies agreed that the states would implement conservationally equivalent measures rather than a coastwide management program for summer flounder in 2005. Delaware is obligated to cap the summer flounder recreational harvest at 150,000 fish for 2005. This is 29,000 more fish than were estimated to have been landed in 2004. Given that over one million marine recreational fishing trips occur annually in Delaware and that the 2000 year class of summer flounder was reported to be above average thus suggesting that more fish may be available for harvest in 2005; it is unadvisable to significantly alter the management measures that were in place for 2004. However, landings information suggests that by increasing the season to adjust for the eight percent increase in the harvest cap projected landings will continue to remain below the 2005 limit. As such, it is proposed that the eight management options that were presented for the 2004 fishing season, which included size ranges from 16 inches to 17.5 inches and creel limits ranging from 4 fish to 7 fish, and a variety of seasonal closures be presented again for public review and comment. Options one through six, which have seasonal closures, are being adjusted to include additional days in order to compensate for the eight percent increase in the harvest cap. The adopted management approach for 2004 included a 17.5 inch minimum size, and 4 fish creel limit. It is anticipated that the minimum size limit of 17.5 inches will once again be an effective restraining factor in 2005. 3.Possible Terms Of The Agency Action Delaware is required to comply with specific Fishery Management Plans approved by the Atlantic States Marine Fisheries Commission. Failure to do so could result in complete closure of a specific fishery in Delaware 4.Statutory Basis Or Legal Authority To Act: 7 Del. C. § 903, 7 (e)(2)(a) 5.Other Regulations That May Be Affected By The Proposal: None 6.Notice Of Public Comment: Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-3441. A public hearing on these proposed amendments will be held on February 24, 2005 at 7:30 PM in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 4, 2005. 7.Prepared By: Richard Cole, (302) 739-4782, January 10, 2005 3507 Black Sea Bass Size Limit; Landing Permits; Qualifying Criteria; Seasons; Quotas (Formerly Tidal Finfish Reg. 23) (Penalty Section 7 Del.C. §936(b)(2)) 1.0It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis striata) that measures less than eleven (11) inches, total length. 2.0It shall be unlawful for any recreational person to have in possession any black sea bass that measures less than twelve (12) inches total length. 6 DE Reg. 1230 (3/1/03) 6 DE Reg. 1360 (4/1/03) 3.0It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel’s fishing and permit history for purposes of replacing the vessel. 6 DE Reg. 1358 (4/1/03) 4.0The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be considered separate black sea bass fisheries. The total pounds allocated to each fishery by the Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery. 6 DE Reg. 1230 (3/1/03) 5.0The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§648.4 and who had applied for and secured from the Department a commercial food fishing license and has a reported landing history in either the federal or state reporting systems of landing by pot at least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that have landing history only in the federal data base must have possessed a state commercial food fishing license for at least one year during the time from 1994 through 2001. 6 DE Reg. 1230 (3/1/03) 6.0The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has applied for and secured from the Department a commercial food fishing license and a fishing equipment permit for hook and line and submitted landings reports in either the federal or state landing report systems for black sea bass harvested by hook and line during at least one year between 1994 and 2001. 1 DE Reg.1767 (5/1/98) 2 DE Reg 1900 (4/1/99) 3 DE Reg 1088 (2/1/00) 4 DE Reg 1665 (4/1/01) 4 DE Reg 1859 (5/1/01) 5 DE Reg 2142 (5/1/02) 6 DE Reg. 348 (9/1/02) 6 DE Reg. 1230 (3/1/03) 7.0Any overage of the State's commercial quota will be subtracted by the Atlantic States Marine Fisheries Commission from the next year's commercial quota. Any overage of an individual’s allocation will be subtracted from that individual's allocation the next year and distributed to those individuals in the appropriate fishery that did not exceed their quota. 6 DE Reg. 1230 (3/1/03) 8.0Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of black sea bass allotted by the Department for that particular fishery. A share shall be determined by dividing the number of pre- registered participants in one of the two recognized fisheries into the total pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an individual must indicate their intent in writing to participate in this fishery by 4:30 PM on a date no later than 15 days after this regulation is signed by the Secretary of the Department. 6 DE Reg. 1230 (3/1/03) 9.0It shall be unlawful for a commercial food fisherman to transfer quota allocation shares of black sea bass to another commercial food fishermen. 6 DE Reg. 1230 (3/1/03) 10.0Each commercial food fishermen participating in a black sea bass fishery shall report to the Department, via the interactive voice phone reporting system operated by the Department, each days landings in pounds at least one hour after packing out their harvest. 6 DE Reg. 1230 (3/1/03) 11.0It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. 6 DE Reg. 1230 (3/1/03) 12.0It shall be unlawful for any recreational fisherman to take and reduce to possession or to land black sea bass during the periods beginning at 12:01 AM on September 8, 2004 and ending at midnight on September 21, 2004 and beginning at 12:01 AM on December 1, 2004 and ending at midnight on December 31, 2004. (Note: Seasonal measures were eliminated by SASMFC for the 2005 season) 7 DE Reg. 1575 (5/1/04) 3511 Summer Flounder Size Limits; Possession Limits; (Formerly Tidal Finfish Reg. 4) (Penalty Section 7 Del.C. §936(b)(2)) 1.0It shall be unlawful for any recreational fisherman to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said recreational fisherman's personal abode or temporary or transient place of lodging. (Note: creel limit to be determined in combination with seasonal closure and size limit.) 6 DE Reg. 1358 (4/1/03) 2.0It shall be unlawful for any person, other than qualified persons as set forth in section 4.0 of this regulation, to possess any summer flounder that measure less than seventeen and one-half (17.5) inches between the tip of the snout and the furthest tip of the tail. (Note: size limit to be determined in combination with seasonal closure and creel limit.) 6 DE Reg. 1358 (4/1/03) 7 DE Reg. 1575 (5/1/04) 3.0It shall be unlawful for any person while on board a vessel, to have in possession any part of a summer flounder that measures less than seventeen and one-half (17.5) inches between said part's two most distant points unless said person also has in possession the head, backbone and tail intact from which said part was removed. (Note: size limit to be determined in combination with seasonal closure and creel limit.) 6 DE Reg. 1358 (4/1/03) 4.0Notwithstanding the size limits and possession limits in this regulation, a person may possess a summer flounder that measures no less than fourteen (14) inches between the tip of the snout and the furthest tip of the tail and a quantity of summer flounder in excess of the possession limit set forth in this regulation, provided said person has one of the following: 4.1A valid bill-of-sale or receipt indicating the date said summer flounder were received, the amount of said summer flounder received and the name, address and signature of the person who had landed said summer flounder; 4.2A receipt from a licensed or permitted fish dealer who obtained said summer flounder; or 4.3A bill of lading while transporting fresh or frozen summer flounder. 4.4A valid commercial food fishing license and a food fishing equipment permit for gill nets. 6 DE Reg. 1358 (4/1/03) 5.0It shall be unlawful for any commercial finfisherman to sell, trade and or barter or attempt to sell, trade and or barter any summer flounder or part thereof that is landed in this State by said commercial fisherman after a date when the de minimis amount of commercial landings of summer flounder is determined to have been landed in this State by the Department. The de minimis amount of summer flounder shall be 0.1% of the coast wide commercial quota as set forth in the Summer Flounder Fishery Management Plan approved by the Atlantic States Marine Fisheries Commission. 6 DE Reg. 1358 (4/1/03) 6.0It shall be unlawful for any vessel to land more than 200 pounds of summer flounder in any one day in this State. 6 DE Reg. 1358 (4/1/03) 7.0It shall be unlawful for any person, who has been issued a commercial food fishing license and fishes for summer flounder with any food fishing equipment other than a gill net, to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said person's personal abode or temporary or transient place of lodging. (Note: Creel limit to be determined in combination with seasonal closure and size limit.) 1 DE Reg 1767 (5/1/98) 2 DE Reg 1900 (4/1/99) 3 DE Reg 1088 (2/1/00) 4 DE Reg 1552 (3/1/01) 5 DE Reg 462 (8/1/01) 5 DE Reg. 2142 (5/1/02) 6 DE Reg. 1358 (4/1/03) 7 DE Reg. 1575 (5/1/04) Note: Proposed options for seasonal closures associated with creel limits and minimum size limits to restrict the recreational summer flounder harvest in Delaware in 20042005. OpeningFinalNumber of BagMinimum OptionDayDayOpen DaysLimitSize 101-Jan08-Sep220716” 201-Jan14-Aug226516.5” 301-Jan6-Sep249517” 425-May10-Aug78716” 525-May18-Aug86516.5” 601-Jan31-Dec365 417.5” 801-Jan31-Dec365 617.5” DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES Statutory Authority: 21 Delaware Code, Section 83 (21 Del.C. §83) PUBLIC NOTICE Notice is hereby given that the Department of Transportation, Division of Motor Vehicles, in accordance with 21 Del.C. 83 proposes the following changes to the current chapter to the Rules and Regulations Governing the Licensing of Commercial Motor Vehicle Training Schools and Instructors for those schools offering motorcycle training titled Motorcycle Rider Education Courses Provider Requirements. The public comment period will be open until March 2, 2005. Any persons wishing to present views may submit them in writing, by March 2, 2005, to Coordinator Delaware Motorcycle Rider Education Program, P.O. Box 698, Dover, DE 19903 Motorcycle Rider Education Courses Provider Requirements 1.0Definitions “Application for Commercial Driver Training School License (Motorcycle)” refers to the document which the Provider must sign and present to the Department of Public Safely, Division of Motor Vehicles to teach the motorcycle rider education courses for the State as required by 21 Del. C. Sections 8303 and 8304. “Audit” means an official examination and verification of all accounts, records, books and documents pertaining to the conduct of motorcycle rider education courses by a Provider for the Department under the Program per the Delaware Code. “Basic Rider Course” (BRC) is a motorcycle rider education course for novice or potential riders developed by the Motorcycle Safety Foundation (MSF), National Resource Office, 2 Jenner St., Suite 150, Irvine, CA 92718. “Experienced Rider Course” (ERC) is a motorcycle rider education course for experienced riders with at least 6 months or 3000 miles of recent riding time, developed by the Motorcycle Safety Foundation (MSF), National Resource Office, 2 Jenner St., Suite 150, Irvine, CA 92718. “Course Section” means a complete, scheduled set of BRC training modules, including both classroom and range sessions, presented to a class in order for them to satisfactorily complete a specific BRC. “Class Participant” means a person enrolled in a BRC or ERC selection under the Program. “Motorcycle Rider Education” means education for novice and experienced motorcycle riders practicing street riding techniques in a safe environment. “Program” means the Motorcycle Rider Education Program which was created pursuant to 21 Del.C. Section 2726 and 2727 for the purpose of reducing motorcycle accidents, injuries and fatalities in the State of Delaware. “Provider” means a private instructional service related to the Program they will conduct. “Range” means a paved area set aside for the operations of motorcycles and marked and/or otherwise delineated per the BRC/ERC curricula guidelines for use on a permanent/temporary basis. 2.0Department Of Public Safety Transportation, Division Of Motor Vehilce 2.1In the interest of providing excellent customer service, promoting a safe driving environment, and protecting consumer interests, the Department hereby allows providers of instructional services to conduct motorcycle rider education courses once they meet the requirements of this document and pay the appropriate fees. This promotes excellent customer service by enhancing the Department’s ability to meet public demand for motorcycle safety training. By authorizing and working with independent training centers to deliver motorcycle safety training, the Department is promoting a safe driving environment by adding to the number of riders with heightened knowledge and skills. This also protects the consumer’s interests by ensuring that the training opportunity at independent centers maintains the same high level of quality that is found in State sponsored courses. 2.2The Division of Motor Vehicles (DMV) will provide Chief Instructors / RiderCoach Trainers or Certified Drivers License Examiners to monitor independent motorcycle safety training center’s program and to conduct end-of-course testing when feasible. Budget constraints and staff levels may require the students to be given a knowledge and riding skill test at a DMV location. However, when possible, all tests will be conducted at the Provider’s location when the class graduates. 2.3DMV will provide the following positions with listed responsibilities: 2.3.1Coordinator of the Delaware Motorcycle Safety Program: •Oversee the application of, and adherence to, these requirements. •Serve as the main DMV point of contact for independent centers. •Evaluate all Program applications. •Monitor all provider programs to ensure they met Division requirements. •Provide Motorcycle Operator Manuals. 2.3.2.Chief Instructors / RiderCoach Trainers or Certified Drivers License Examiners: •Before monitoring and conducting end-of- course testing, ensure that students have completed all classes and exercises required under the Department’s approved curriculum. •Administer the end-of-course written knowledge test and record results at the training location unless budget or staff limitation prevent on-site testing. •Conduct the end-of-course riding skill test and record results. •Issue completion certificates to students who have successfully completed their coursework and passed both the end-of-course written knowledge and riding skill tests. 3.0Provider 3.1Primary requirements include the following: •Complete license requirements for Commercial Driver Training Schools and Instructors per Chapter 83 of Title 21. •Administer the Program. •Select site area. •Advertise and select qualified instructor candidates for the Program. •Provide Instructor candidate’s names and driver’s license numbers to Coordinator, Motorcycle Rider Education Program. If candidate is licensed out of state provide a 5- year driving record. •Ensure that appropriate equipment is available for use in each course section. •Assure that proper insurance coverage is maintained. •Schedule and advertise course dates. •Teach the Department’s approved rider education curriculum and comply with all related requirements. •Provide course applicants names and drivers license numbers to Coordinator, Motorcycle Rider Education Program. •Coordinate with the State to provide a Chief Instructor/RiderCoach Trainer or Certified Drivers License Examiner to administer the end-of-course written knowledge test and the riding skill test. •Provide DMV with course and testing schedules in advance. Notify the DMV at least 48 hours in advance of any changes, cancellations, etc. to scheduled test dates and times. •Allow the State to monitor the independent training center operations. •Provide information to the DMV as required for DMV quality assurance, e.g., incident reports, course surveys, test score sheets, etc. •Obtain training motorcycles through dealer loan agreement programs or other sources. •Promote BRC courses throughout the State. 3.2Other responsibilities include: •Layout of all range areas •Maintenance of miscellaneous range equipment and materials •Scheduling all training sessions •Supervising instructors •Ensuring provider instructors teach minimum of 3 State Program Novice classes annually. •Fill out all program reports completely and accurately. •Set-up appropriate record keeping for evaluation of the program. •Send monthly course participation updates to: Coordinator Motorcycle Rider Education Program Division of Motor Vehicles P O Box 698 Dover, DE 19903 4.0Instructors 4.1Instructor shall have a high school diploma or the equivalent. Instructor must be at least 18 years of age hold a valid driver’s license with a valid motorcycle endorsement and have had at least 2 years of motorcycle riding experience. 4.2Instructor’s driver’s license shall not have been suspended or revoked any time during the immediately preceding 2 years. Instructor’s shall have no convictions for driving under the influence of alcohol or of drugs during the immediately preceding 5 years, nor have been subject to first offenders election in lieu of trial during the immediately preceding 5 years. 4.3Instructor shall not have any convictions for moving traffic violations with a total of 4 or more points during the immediately preceding 2 years. 4.4An Instructor who is licensed to drive in another state must furnish certified copies of their driving record to the Coordinator, Motorcycle Rider Education Program Division of Motor Vehicles. An applicant shall not be eligible for instructor status until the instructor’s driving record for the immediately preceding 5 years is furnished. 4.5All of the Provider’s instructors must be state licensed per 21 Del.C. Section 8304 4.6An Instructor is responsible for conducting classroom sessions and for demonstrating and conducting range exercises, including evaluating rider performance. Only an MSF certified instructor trained or re-certified in the BRC/ERC, after completing the State update, is authorized to teach the course. 5.0Enrollment Eligibility 5.1Basic Rider Course – Persons enrolling in a BRC must: •Possess a current, valid driver license issued by Delaware or another jurisdiction. •Applicant’s holding a level one learner’s permit (Graduated Driver License) are noteligible to attend the program. •Be licensed driver of the U.S. Armed Forces stationed in Delaware and/or his or her family members. •Delaware can not issue a motorcycle endorsement unless the applicant holds a Delaware license. However, the Delaware DMV will send a letter certifying course completion to include students name, driver license number, course dates and location, skills and written test scores, to another state if they agree to upgrade the participant’s license. •Possess the physical ability to operate a motorcycle. •Have the ability to balance a two-wheeled vehicle. •Provide written parental permission if under the age of eighteen (18). •Be at least sixteen (16) years of age. 5.2Experienced Rider Course – Persons enrolling in an ERC must: •Possess a current, valid driver license with an endorsement to operate a motorcycle issued by Delaware or another jurisdiction. •Possess the physical ability to operate a motorcycle. 6.0Enrollment 6.1Class Participants shall be considered enrolled in a BRC once they have completed the registration process and have been accepted into a specific class. If an applicant is not accepted into any class, the registration fee collected shall either be refunded or applied toward a future class if the class applicant so desires. 6.2Basic Rider Course – The number of students that can be enrolled in any one BRC class is restricted to the following schedule: 1. Classroom1 instructor - 24 students 2. Range2 instructors - 12 students 6.3During on-cycle instruction no more than six (6) students may be under the supervision of any one (1) instructor at any one time and no more than twelve (12) students may operate motorcycles on the same range area at the same time. If the number of enrolled students is less than six (6), the class shall be canceled. 7.0Registration 7.1All persons enrolling in a BRC or ERC must be registered. Registration shall consist of: •Completing the Student Registration Form •Submitting all required written permissions, as applicable •Completing a Release, Waiver and Indemnification Statement •Payment of student registration fee 7.2Participants must be registered prior to engaging in any training activities. 8.0Course Registration 8.1Registration will be the responsibility of the Provider. All fees should include all insurances deemed necessary to run the program. It is the responsibility of the Provider to maintain the required insurances. 9.0Student Registration Fees 9.1Each person enrolling in a BRC or ERC who resides in the State of Delaware, shall pay a student registration fee of not less than that paid by State Program registered students (currently fifty dollars $50.00 for the BRC and $35.00 for the ERC). 9.2Each person enrolling in a BRC or ERC who does not reside in the State of Delaware shall pay a student registration fee of not less than that currently paid by State Program registered students (currently two hundred dollars $200.00 for the BRC and $100.00 for the ERC). 9.3In State registration fees apply to those who: •Possesses a current, valid Delaware Motor Vehicle Operator’s License, or who is eligible for a motorcycle learner’s permit. •Are Is a member of the U.S. Armed Forces stationed in Delaware or a member of their family. •Permanently resides at an address within the political boundaries of the State of Delaware. •Are full time student at a College or University within the State of Delaware. 9.4These fees are non-refundable with the following exceptions: •The registrant is not accepted into the class of their choice. (However, the fee may be applied towards another class if the student desires.) •The class is canceled. •The registrant gives notice of withdrawal no later than seventy-two (72) hours prior to the start of the course. 10.0Rate Of Pay 10.1Instructors are hired by the selected Provider; the rate of pay will be commensurate with the level for instructors in the State program. The contractual agreement between Provider and Instructors will be the sole responsibility of the Provider. 11.0 Basic Rider Course (BRC) Curriculum 11.1Cirriculum Basic Rider Course (BRC) – The curriculum used to train novice riders shall be the most current version of the BRC developed by the Motorcycle Safety Foundation (MSF). Each participant enrolled in any BRC shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current BRC curriculum guidelines adopted by the Delaware Motorcycle Rider Education Program. Experienced riders may also be enrolled in the program if they so desire. 11.2Experienced Rider Course (ERC) – The curriculum used to train experienced riders shall be the most current version of the ERC developed by the Motorcycle Safety Foundation (MSF). Each participant enrolled in any ERC shall receive no less than the minimum number of hours of classroom and on-cycle instruction as specified in the current ERC curriculum guidelines adopted by the Delaware Motorcycle Rider Education Program. 12.0Facilities And Equipment 12.1The following facilities and equipment must be available for use during each BRC or ERC course: 12.1.1A classroom for the presentation of the off-cycle instructional portion of the BRC and the written test portion of the ERC located as close to the range area as possible. It must be able to comfortably accommodate the number of students enrolled and possess the following: •One (1) classroom chair for each student with writing surface. •One (1) teacher’s desk or podium with chair. •Capabilities for utilizing audio-visual aids. 12.1.2A paved range area for the on-cycle portion of the BRC or ERC located as close to the classroom as possible. The following are recommended guidelines for selecting an appropriate area to accommodate the students engaged in range activities: •The minimum riding area pf 120’ X 220’, with sufficient buffer space for safety considerations. Generally, a minimum size for the overall range is 160’ X 260’. If ranges are sub-standard, they must be approved by MSF. The surface must be as flat as possible. Provide a copy of MSF certification to Coordinator Motorcycle Rider Education Program. •No other traffic, including bicyclists and pedestrians, or cars are permitted on the range during on-cycle activities. If a parking lot is used, it must be free of parked cars and entrances should be blocked during use. •The range should be free of potholes, sewer gratings, trash, sand, gravel, light poles, parking barriers, athletic equipment and any other surface hazards or obstacles. •It should have grass edges without curbing. If the perimeter of the range is fenced, or curbed, there should be at least a twenty (20) foot buffer zone from the range area. •The specific range layouts to be utilized are those listed in the current version of the Motorcycle Safety Foundation BRC Instructor’s Guide and ERC Suite. •Portable toilets should be provided, depending on the distance to classroom 12.1.3Miscellaneous equipment and accessories as follows: •Class B type fire extinguisher, •6/12 volt, 1 amp battery charger, •First aid kit, •Stopwatch, •One (1) or two (2) - five (5) gallon gas containers, (depending on need), •Metric tool kit is provided on each loan motorcycle, •Tire pressure gauge, •One-hundred (100) foot tape measure and chalk line, •Fifty (50) - four (4) inch traffic cones, •BRC or ERC Course Package, 12.1.4Training Motorcycles used for BRC courses: 12.1.4.1Any motorcycle model manufactured for on-highway use that meets two (2) of the following three (3) criteria (as published by the original equipment manufacture/distributor) may be used. •An engine displacement of 500cc or less •An un-laden weight of 400 pounds or less •A seat height of 30” or less 12.1.4.2Provide one of the above for each participant taking part in the on-cycle sessions of the BRC. A minimum of six (6) motorcycles is required per training program. It is recommended that one additional motorcycle be available for use in demonstrations and as a replacement. 12.1.4.3No motorcycle with a defect which could impair handling or control will be permitted in the program. Off-road motorcycles or extensively modified “choppers” will not be permitted. 12.1.5Training Motorcycles used for ERC courses: 12.1.5.1Students in the ERC provide their own motorcycle which must be: •Properly insured. Students are required to show proof of insurance prior to participating in the riding portions of the class. •Legally registered and inspected. •Pass instructor’s pre-ride check. Toinclude checking tires, controls, lights, oil levels, chassis and side stand. Motorcycles with defects that could impair handling or control will not be permitted in the class. 13.0Supplies 13.1The following supplies must be provided for or be available for use in each BRC or ERC section as specified: •Appropriate range layout materials as described in the BRC Instructor’s Guide or ERC Suite •Sufficient quantities of the State of Delaware Motorcycle Operator’s Manual (MOM) to provide one to each participant •Adequate amounts of spark plugs, oil, chain lube and gasoline for the motorcycles utilized in the BRC •Sufficient quantities of BRC or ERC student activity workbooks to provide one to each student 14.0Insurance 14.1Contractor recognizes that they are operating as an independent Contractor and that they are liable for any and all losses, penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or injury to any and all property, of any nature, arising out of the Contractor's negligent performance under this Contract, and particularly without limiting the foregoing, caused by, resulting from, or arising out of any act of omission on the part of the Contractor in their negligent performance under this Contract. 14.2The Contractor shall maintain such insurance as will protect against claims under Worker’s Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this Contract. The Contractor is an independent contractor and is not an employee of the State. 14.3The Contractor shall, at its expense, carry insurance of minimum limits as follows: Comprehensive General Liability $1,000,000 Medical/ProfessionalLiability $1,000,000/ $3,000,000 14.4If the contractual service requires the transportation of Departmental clients or staff, the contractor shall, in addition to the above coverage’s, secure the following coverage: Automotive Liability(Bodily Injury)$100,000\$300,000 Automotive Property Damage (to others) $25,000 14.5Medical Insurance coverage of at least five hundred dollars ($500.00) for each student, range aide, primary and assistant instructor participating in any BRC course section. 14.6Comprehensive and Collision Insurance coverage providing for a total limit of not less than the value of each motorcycle utilized in any Motorcycle Rider Education Program course section less deductibles for damage or loss due to fire, theft and collision. 14.7Not withstanding the information contained above, the Contractor shall indemnify and hold harmless the State of Delaware, the Department and the Division from contingent liability to others for damages because of bodily injury, including death, which may result from the Contractor’s performance under this Contract, and any other liability for damages for which the Contractor is required to indemnify the State, the Department and the Division under any provision of this Contract. 14.8The policies for Liability and Property Damage must be so written to include Professional Liability and Comprehensive General Liability, which includes Bodily Injury and Property damage insurance to protect against claims arising from the performance of the Contractor and the contractor's subcontractors under this Contract. 14.9The Contractor shall provide a Certificate of Insurance as proof that the Contractor has the required insurance or a letter indicating a program of self insurance and its limits and availability of funds sufficient to meet the claims. 15.0Protective Clothing 15.1All participants are required to wear the following protective gear during BRC or ERC on-cycle instruction: •Full face or 3/4 helmet that meets US DOT, ANSI Z90.1 standards (no 1/2 helmets) •Eye protection (Face shield recommended) •Boots or heavy-soled shoes that cover the ankles and have a low heel, or leather high-top sneakers •Non-flared denim pants •Long sleeved jacket or shirt •A pair of sturdy gloves (no half-gloves) STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER SIXTY-TWO RE:Establishing a Task Force on Surface Water Management WHEREAS, in recent years, several areas of the State have been subject to chronic flooding and drainage problems; and WHEREAS, such flooding and related problems can threaten the health, safety and welfare of our Stateís citizens, can damage private property, and can impose substantial costs on State and local governments, in the form of emergency response activities, property damage and infrastructure improvements; and WHEREAS, it is appropriate to coordinate efforts within the State to ensure the best use of resources in enhancing flood prevention and control efforts and to develop a comprehensive strategy to address drainage and stormwater management issues. NOW, THEREFORE, I, RUTH ANN MINNER, by virtue of the authority vested in me as the Governor of the State of Delaware, do hereby declare and order as follows: 1.The Task Force on Surface Water Management is created. Members of the Task Force shall include representatives of State and local governments and persons with special expertise on the issues of drainage, flood control and water management. Members of the Task Force shall be appointed by the Governor and serve at the Governorís pleasure. 2.The Task Force is directed to: a.Develop a statewide surface water management strategy to integrate drainage, flood control and stormwater management; b.Explore potential costs and funding sources for implementing a statewide surface water management strategy; c.Recommend appropriate changes to State or local laws, regulations and policies as appropriate; d.Recommend a statewide organizational structure to coordinate surface water management strategies and to respond to citizen, community and county needs; e.Integrate surface water management polices with federal and State clean water requirements; and f.Recommend strategies to preserve and enhance aquifer recharge, community, local government and State open space use and implement green infrastructure policies and goals, where applicable. 3.The Task Force is directed to submit its recommendations to me not later than April 1, 2005. APPROVED THIS 17TH DAY OF DECEMBER, 2004. Ruth Ann Minner, Governor ATTEST: Harriet Smith Windsor, Secretary of State STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER SIXTY-THREE RE:Amendment to Executive Order Number Forty-Nine WHEREAS, the Community Notification Working Group (the “Working Group”) was created by Executive Order Number 49; and WHEREAS, the Working Group is responsible for making recommendations concerning sex offenders by April 30, 2004; and WHEREAS, it is important to have further study before the Working Group makes those final recommendations; I, RUTH ANN MINNER, GOVERNOR OF THE STATE OF DELAWARE, HEREBY ORDER ON THIS 20TH DAY OF DECEMBER, 2004: Paragraph 4 of Executive Order Number 49, dated September 4, 2003, is hereby deleted in its entirety, and replaced with the following: “4. The Working Group shall make its recommendations by February 15, 2005.” Ruth Ann Minner, Governor ATTEST: Harriet Smith Windsor, Secretary of State Developmental Disabilities CouncilMs. Mary T. Anderson12/27/2010 Ms. Diann Collins12/27/2010 Ms. Aileen D. Fink12/27/2010 Ms. Joanne M. Koston12/27/2010 Ms. Lorraine Y. Loera12/27/2010 Governor’s Council on AgricultureMr. Kenneth Wicks12/14/2007 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION BOARD OF DENTAL EXAMINERS Notice of Public Hearing The Delaware Board of Dental Examiners in accordance with 24 Del.C. §1106(1) has proposed changes to its rules and regulations as mandated by Senate Bill # 229 (74 Del. Laws c. 262) to identify crimes that are substantially related to the provision of dentistry and dental hygiene. The change also clarifies who is eligible to take the practical (clinical) examination in dentistry or dental hygiene. A public hearing will be held Thursday, March 10, 2005 in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the Delaware Board of Dental Examiners, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF PHYSICAL THERAPISTS AND ATHLETIC TRAINERS Notice of Rescheduled Public Hearing The Delaware Examining Board of Physical Therapists and Athletic Trainers in accordance with 24 Del.C. §2604(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of physical therapy and athletic training. The full text of the proposed regulation was published in the Register of Regulations, Vol. 8, Issue 6, on December 1, 2004. The public hearing originally scheduled for January 18, 2005 at 6:30 p.m. has been rescheduled to March 15, 2005 at 6:30 p.m. The public hearing will be held in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the Delaware Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Blvd., Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF OCCUPATIONAL THERAPISTS Notice of Public Hearing The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006(b) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of occupational therapy. A public hearing was held on November 17, 2004 after which the Board decided to review its propose. A revised list of related crimes was developed on January 12, 2005 which includes deletions, additions and clarifications that are substantive. Changes from the proposal originally published in the Register of Regulations on October 1, 2004 are noted. A second public hearing will be held on March 16, 2005 at 4:30 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the State Board of Occupational Therapy Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION BOARD OF EXAMINERS OF PSYCHOLOGISTS Notice of Rescheduled Public Hearing The Delaware Board of Examiners of Psychologists in accordance with 24 Del.C. §3506(a)(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of psychology services. The full text of the proposed regulation was published in the Register of Regulations, Vol. 8, Issue 6, on December 1, 2004. The public hearing originally scheduled for January 3, 2005 at 9:30 a.m. has been rescheduled to March 7, 2005 at 9:30 a.m. The public hearing will be held in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 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 the Delaware Board of Examiners of Psychologists, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DEPARTMENT OF EDUCATION The State Board of Education will hold its monthly meeting on Thursday, February 17, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF FINANCE DIVISION OF REVENUE PUBLIC NOTICE Tobacco Quarterly Escrow Installments and Certification Pursuant To 29 Del.C. Ch. 60d The Division of Revenue proposes to adopt the following regulation concerning Tobacco Quarterly Escrow Installments and Certification Pursuant To 29 Del.c. Ch. 60d. Written comments or other written materials concerning the proposed regulation must be received by the Division of Revenue no later than 4:30 p.m., Tuesday, March 15, 2005, and should be addressed to Deputy Attorney General Drue Chichi, Esquire, c/o Department of Finance, Division of Revenue, 820 North French Street, Wilmington, DE 19899-8911 or sent by fax to (302) 577-8202 or Email to drue.chichi@state.de.us. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Notice of Public Hearing 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 107, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the policy of the Food Stamp Program in the Division of Social Services Manual (DSSM) as it relates to joint application processing. 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, P.O. Box 906, New Castle, Delaware 19720-0906 by March 2, 2005. 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 INSURANCE Notice Of Public Hearing INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Thursday, March 3, 2005 at 10:00 a.m. in will be held on Thursday, March 3, 2005 at 10:00 a.m. in Room 112 of the Tatnall Building, William Penn St., Dover, Delaware. The hearing is to consider amending Regulation 1310 relating to Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services. The purpose for amending Regulation 1310 is to speed resolution of health care providers’ claims and simplify the current process for resolution of those claims. The proposed amendments provide for a 30 day time period for insurers to process all clean claims and limits the number of times an insurer can request additional information from a provider. The proposed amendment also redefines a clean claim and changes the penalty provisions for violations of the regulation. The hearing officer shall also consider any non- substantive technical changes that may presented at the time of the hearing. The hearing will be conducted in accordance with 18 Del.C. §311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 4:30 p.m., Monday March 2, 2005, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF FISH AND WILDLIFE Notice of Public Hearing Title Of The Regulations: Tidal Finfish Regulations Brief Synopsis of the Subject, Substance and Issues: The coast wide requirements for recreational black sea bass fishermen, as mandated by the Atlantic States Marine Fisheries Commission’s Fishery Management Plan (FMP), in 2005 are a 12.0 inch minimum size length with a 25 fish creel limit and no closed season. Delaware currently has a twelve (12) inch minimum size limit, a 25 fish creel limit and a closed season during September 8 through September 21 and December 1 through December 31. It is proposed to amend Tidal Finfish Regulation No. 3507 to eliminate the current closed season in order to be in compliance with the Atlantic States Marine Fisheries Commission’s FMP. The Summer Flounder Fishery Management Plan (FMP) details the annual process that the Summer Flounder Fishery Management Board, the Mid-Atlantic Management Council and the National Marine Fisheries Service are to use to establish conservation equivalency for the recreational summer flounder fishery. These agencies agreed that the states would implement conservationally equivalent measures rather than a coastwide management program for summer flounder in 2005. Delaware is obligated to cap the summer flounder recreational harvest at 150,000 fish for 2005. This is 29,000 more fish than were estimated to have been landed in 2004. Given that over one million marine recreational fishing trips occur annually in Delaware and that the 2000 year class of summer flounder was reported to be above average thus suggesting that more fish may be available for harvest in 2005; it is unadvisable to significantly alter the management measures that were in place for 2004. However, landings information suggests that by increasing the season to adjust for the eight percent increase in the harvest cap projected landings will continue to remain below the 2005 limit. As such, it is proposed that the eight management options that were presented for the 2004 fishing season, which included size ranges from 16 inches to 17.5 inches and creel limits ranging from 4 fish to 7 fish, and a variety of seasonal closures be presented again for public review and comment. Options one through six, which have seasonal closures, are being adjusted to include additional days in order to compensate for the eight percent increase in the harvest cap. The adopted management approach for 2004 included a 17.5 inch minimum size, and 4 fish creel limit. It is anticipated that the minimum size limit of 17.5 inches will once again be an effective restraining factor in 2005. Notice Of Public Comment: Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-3441. A public hearing on these proposed amendments will be held on February 24, 2005 at 7:30 PM in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 4, 2005. Prepared By: Richard Cole, (302) 739-4782, January 10, 2005 DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES Notice of Public Comment Period Notice is hereby given that the Department of Transportation, Division of Motor Vehicles, in accordance with 21 Del.C. 83 proposes changes to the current chapter to the Rules and Regulations Governing the Licensing of Commercial Motor Vehicle Training Schools and Instructors for those schools offering motorcycle training titled Motorcycle Rider Education Courses Provider Requirements. The public comment period will be open until March 2, 2005. Any persons wishing to present views may submit them in writing, by March 2, 2005, to Coordinator Delaware Motorcycle Rider Education Program, P.O. 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