Delaware RegisterRegulations 
of 
Issue Date: January 1, 2004Volume 7 - Issue 7 Pages 842 - 966IN THIS ISSUE:
Regulations:
ProposedFinalCalendar 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 December 15, 2003. 

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amended or repealed and any emergency 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:
6 DE Reg. 1541-1542 (06/01/03)
Refers to Volume 6, pages 1541-1542 of the 
Delaware Register issued on June 1, 2003.
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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or repealed, and may initiate the process by which 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repealed, with the Registrar for publication in the 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
FEBRUARY 1JANUARY 154:30 P.M.
MARCH 1FEBRUARY 154:30 P.M.
APRIL 1MARCH 154:30 P.M.
MAY 1APRIL 154:30 P.M.
JUNE 1MAY 154:30 P.M.
DIVISION OF RESEARCH STAFF:
Walter G. Feindt, Deputy Director; Judi 
Abbott, Administrative Specialist I; Sandra F. 
Clark, Administrative Specialist II; Jeffrey W. 
Hague, Registrar of Regulations; Ruth Ann 
Melson, Legislative Librarian; Deborah J. 
Messina, Print Shop Supervisor; Kathleen 
Morris, Unit Operations Support Specialist; Alex 
W. Mull, Assistant Registrar; Deborah A. Porter, 
Interim Supervisor; Lisa Schieffert, Research 
Analyst; Victoria Schultes, Administrative 
Specialist II; Ted Segletes, Paralegal; Don 
Sellers, Printer; Alice W. Stark, Legislative 
Attorney; Marvin L. Stayton, Printer; Rochelle 
Yerkes, Administrative Specialist II.

Cumulative Tables........................................................ 847
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
3600 Board of Professional Geologists........................ 853
3900 Board of Clinical Social Work Examiners.......... 854
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Amendments to Rules 3.0 Officials, 6.0 Types of
Races and 8.0 Veterinary Practices, Equine
Health Medication................................................. 861
DEPARTMENT OF EDUCATION
220 Diversity................................................................ 887
225 Prohibition of Discrimination................................ 888
235 Teacher of the Year............................................... 889
511 Credit Requirements for High School Graduation 891
515 High School Diplomas and Certificate 
of Performance...................................................... 891
520 Options for Awarding Credit toward High
School Graduation................................................. 891
PROFESSIONAL STANDARDS BOARD
120 Required Inservice Training Activities For
Delaware Public School Administrators, 
Repeal of............................................................... 894
DEPARTMENT OF HEALTH AND SOCIAL 
SERVICES 
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Regulations for Training of Paid Feeding Assistants... 895
DIVISION OF SOCIAL SERVICES
Temporary Assistance For Needy Families; DSSM
1009 Procedures for Serving Non-English
Speaking Clients........................................... 898
3001 Definitions.................................................... 899
3006.3 TANF Employment and Training 
Activities........................................................ 899
3006.4 TANF Employment and Training 
Activities Which Constitute Participation 
Under TANF.................................................. 899
3007 TANF Supportive Services and 
Transitional Benefits...................................... 900
3007.1 Child Care................................................. 900
3007.2 Fees, Repeal of......................................... 900
3007.3 CWEP Payments, Repeal of..................... 900
3007.4 Accessories For Work Or Training, 
Repeal of........................................................ 901
3007.5 Remedial Medical, Repeal of................... 901
3011.1 Employment and Training 
Requirements................................................. 901
3011.2 Sanctions for Failing to Comply With
Requirements................................................. 902
3021 Unrelated Children...................................... 902
3028.1 Mandatory Composition of 
Assistance Units............................................ 902
3028.2 Optional Composition of Assistance 
Units.............................................................. 902
3032.1.3 Items/Services Covered......................... 903
4001 Family Budget Group.................................. 904
4001.1 Examples to illustrate rules regarding 
budget groups................................................ 904
4005.1 Child Support Payments TANF................ 905
7002.1 Cash Assistance Overpayments................ 905
Temporary Assistance For Needy Families
Services to Move Families to Work..................... 905
DEPARTMENT OF LABOR
Payroll Debit Cards...................................................... 906
DEPARTMENT OF NATURAL RESOURCES AND 
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MAANGEMENT
Amendments To Delaware Phase II Attainment
Demonstration For The Philadelphia-
Wilmington-Trenton Ozone Non-Attainment
Area, Including A Revision of the Mid-
Course Review Schedule...................................... 907
DIVISION OF FISH & WILDLIFE
Tidal Finfish Reg. 3503 Striped Bass Recreational
Fishing Season; Methods of Take: Creel 
Limit; Possession Limit ....................................... 909
Tidal Finfish Regulation 3504 - Striped Bass
Possession Size Limit; Exceptions....................... 909
DEPARTMENT OF SERVICES FOR CHILDREN, 
YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Requirements For Day Care Centers........................... 911

DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
2100 Board of Examiners in Optometry ..................... 912
2500 Board of Pharmacy.............................................. 914
2700 Board of Professional Land Surveyors................ 918
PUBLIC SERVICE COMMISSION
Regulations Governing Termination Of Residential 
Electric Or Natural Gas Service By Public
Utilities For Non-Payment During Extreme
Seasonal Temperature Conditions........................ 922
DEPARTMENT OF EDUCATION
230 Promotion.............................................................. 927
275 Charter Schools..................................................... 928
1102 Standards for School Bus Chassis and 
Bodies Placed in Production on or after
March 1, 2002....................................................... 933
PROFESSIONAL STANDARDS BOARD
390 Delaware Licensure for Teachers Holding
National Board Certification for Professional
Teaching Standards Certificate............................. 955
1512 Issuance and Renewal of Advanced License...... 956
DEPARTMENT OF FINANCE
OFFICE OF THE STATE LOTTERY
Video Lottery Regulations........................................... 958
DEPARTMENT OF HEALTH AND SOCIAL 
SERVICES
DIVISION OF PUBLIC HEALTH
Uniform Controlled Substances Act, Rescheduling
of Gamma Hydroxy Butyrate (GHB).................... 960
DIVISION OF SOCIAL SERVICES
Title XIX Medicaid State Plan, Admin., 4.18,
pp 54-56b; Attachment 4.18-A, pp 1-3;
DSSM 14960-14960.2.......................................... 962
CALENDAR OF EVENTS/HEARING 
NOTICES
Board of Professional Geologists, Notice 
of Public Hearing.................................................. 963
Board of Clinical Social Work Examiners, Notice 
of Public Hearing.................................................. 963
Dept. of Agriculture, Harness Racing Commission, 
Notice of Public Hearing...................................... 963
State Board of Education, Notice of Monthly
Meeting................................................................ 963
DHSS, Div. of Long Term Care Residents
Protection, Paid Feeding Assistants, 
Notice of Public Hearing...................................... 963
Div. of Social Services, Temporary Assistance for
Needy Families (TANF) program, Notice of
Public Comment Period........................................ 964
Div. of Social Services, Temporary Assistance to
Needy Families (TANF) State Plan as it relates
to Services to Move Families to Work,
Notice of Public Comment Period........................ 964
Dept. of Labor, Payroll Debit Cards, Notice of
Public Hearing...................................................... 964
DNREC, Div. of Air & Waste Management, 
Amendments To Delaware Phase II Attainment
Demonstration For The Philadelphia-
Wilmington-Trenton Ozone Non-attainment
Area, Including A Revision of the Mid-
Course Review Schedule, Notice of 
Public Hearing...................................................... 965
Div. of Fish and Wildlife, Tidal Finfish
Reg. 3503 Striped Bass Recreational;
Fishing Season; Methods of Take:
Creel Limit; Possession Limit....................... 965
Tidal Finfish Regulation 3504 - Striped Bass
Possession Size Limit; Exceptions................ 965
Dept. of Services for Children, Youth & Their
Families, Requirements For Day Care Centers,
Notice of Public Hearing...................................... 966

DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
100 Board of Accountancy....................................................................................................7 DE Reg. 7 (Prop.)
7 DE Reg. 494 (Final)
700 Board of Chiropractic.....................................................................................................7 DE Reg. 36 (Final)
1400 Board of Electrical Examiners.......................................................................................7 DE Reg. 697 (Prop.)
1700 Respiratory Care Practice Advisory Council of theDelaware Board of Medical 
Practice..........................................................................................................................7 DE Reg. 384 (Prop.)
7 DE Reg. 761 (Final)
1900 Board of Nursing..........................................................................................................7 DE Reg. 158 (Final)
2100 Board of Optometry.......................................................................................................7 DE Reg. 545 (Prop.)
2500 Board of Pharmacy, .....................................................................................................7 DE Reg. 239 (Prop.)
7 DE Reg. 309 (Final)
7 DE Reg. 546 (Prop.)
7 DE Reg. 693 (Errata)
2700 Board of Professional Land Surveyors..........................................................................7 DE Reg. 385 (Prop.)
5300 Board of Massage and Bodywork.................................................................................7 DE Reg. 40 (Final)
PUBLIC SERVICE COMMISSION
Regulation Docket No. 50, Consideration of Rules, Standards and Indices to Ensure
Reliable Electrical Service by Electric Distribution Companies............................ .....7 DE Reg. 243 (Prop.)
7 DE Reg. 762 (Final)
Regulation Docket 53, Regulations Governing Termination of Residential Electric
or Natural Gas Service by Public Utilities for Non-Payment During Extreme
Seasonal Temperature Conditions...................................................................................7 DE Reg. 550 (Prop.)
DEPARTMENT OF AGRICULTURE
Standardbred Breeder’s Fund Regulations.....................................................................................7 DE Reg. 119 (Prop.
7 DE Reg. 497 (Final)
Nutrient Management Program
703 Mandatory Nutrient Management Plan Reporting Implementation Regulation.............7 DE Reg. 160 (Final)
Harness Racing Commission
Rule 7.0, Rules of the Race, Sections 7.6.6.3 and 7.3.9.........................................................7 DE Reg. 42 (Final)
Thoroughbred Racing Commission
Rule 1.28, Meeting..................................................................................................................7 DE Reg. 316 (Final)
Rule 3.02, Appointment of Stewards........................... ...................................................7 DE Reg. 316 (Final)
Rule 6.02, Requirements for Owner's Registration...............................................................7 DE Reg. 389 (Prop.)
7 DE Reg. 766 (Final)
Rule 15.12, Intermittent Hypoxic Treatment by External Device..........................................7 DE Reg. 389 (Prop.)
7 DE Reg. 766 (Final)
Rule 19.01, Procedure Before Stewards...................... ........................................................7 DE Reg. 316 (Final)
Rule 13.05 Thirty Day Prohibition-Racing Claimed Horse ..................................................7 DE Reg. 324 (Final)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
101 Delaware Student Testing Program........................................................................................7 DE Reg. 51 (Final)
7 DE Reg. 325 (Final)
103 School Accountability for Academic Performance...............................................................7 DE Reg. 57 (Final)

104 Education Profiles for the Schools, Districts and the State....................................................7 DE Reg. 65 (Final)
215 Strategic Planning..................................................................................................................7 DE Reg. 10 (Prop.)
7 DE Reg. 330 (Final)
220 Diversity................................................................................................................................7 DE Reg. 554 (Prop.)
225 Prohibition of Discrimination.................................................................................................7 DE Reg. 556 (Prop.)
230 Promotion Regulation.............................................................................................................7 DE Reg. 556 (Prop.)
240 Recruiting & Training of Professional Educators for Critical Curricular Areas.....................7 DE Reg. 703 (Prop.)
245 Michael C. Ferguson Achievement Awards Scholarship........................................................7 DE Reg. 707 (Prop.)
255 Definitions of Public School and Private School....................................................................7 DE Reg. 254 (Prop.)
7 DE Reg. 618 (Final)
275 Charter Schools......................................................................................................................7 DE Reg. 125 (Prop.)
7 DE Reg. 557 (Prop.)
608 Unsafe School Choice Option for Students in Persistently Dangerous Schools and for
Students Who Have Been Victims of a Violent Felony..........................................................7 DE Reg. 67 (Final)
610 Comprehensive School Discipline Program..........................................................................7 DE Reg. 10 (Prop.)
7 DE Reg. 331 (Final)
612 (Formerly 876) Possession, Use or Distribution of Drugs and Alcohol ................................7 DE Reg. 403 (Prop.)
7 DE Reg. 767 (Final)
615 School Attendance7 DE Reg. 130 (Prop.)
7 DE Reg. 619 (Final)
707 Salary continuation: Operation Noble Eagle and Enduring Freedom.....................................7 DE Reg. 708 (Prop.)
811 School Health Record Keeping Requirements,......................................................................7 DE Reg. 68 (Final)
815 Physical Examinations and Screening ..................................................................................7 DE Reg. 68 (Final)
817 Administration of Medications and Treatments......................................................................7 DE Reg. 68 (Final)
878 Guidelines for the School Districts to Comply with the Gun Free Schools Act....................7 DE Reg. 12 (Prop.)
7 DE Reg. 333 (Final)
881 Releasing Students to Persons Other Than Their Parents or Legal Guardians......................7 DE Reg. 131 (Prop.)
7 DE Reg. 504 (Final)
901 Education of Homeless Children & Youth.............................................................................7 DE Reg. 254 (Prop.)
7 DE Reg. 620 (Final)
1102 Standards for School Bus Chassis and Bodies Placed in Production on March 1, 2002......7 DE Reg. 563 (Prop.)
1051 DIAA Senior High School Interscholastic Athletics............................................................7 DE Reg. 406 (Prop.)
7 DE Reg. 770 (Final)
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of Professional Public School Personnel...................7 DE Reg. 161 (Final)
321 Certification Agriculture Teacher........................ ..............................................................7 DE Reg. 416 (Prop.)
7 DE Reg. 775 (Final)
322 Certification Business Education Teacher.............................................................................7 DE Reg. 417 (Prop.)
7 DE Reg. 775 (Final)
325 Certification English Teacher............................... ...............................................................7 DE Reg. 418 (Prop.)
7 DE Reg. 775 (Final)
328 Certification Foreign Language Teacher Comprehensive......................................................7 DE Reg. 418 (Prop.)
7 DE Reg. 775 (Final)
329 Certification Foreign Language Secondary...........................................................................7 DE Reg. 419 (Prop.)
7 DE Reg. 775 (Final)
330 Certification Foreign Language Teacher Elementary............................................................7 DE Reg. 420 (Prop.)
7 DE Reg. 775 (Final)
333 Certification Journalism Teacher, Repeal..............................................................................7 DE Reg. 412 (Prop.)
7 DE Reg. 777 (Final)
335 Certification Mathematics Teacher........................................................................................7 DE Reg. 421 (Prop.)
7 DE Reg. 775 (Final)
337 Certification Bilingual Teacher (Spanish) Secondary............................................................7 DE Reg. 422 (Prop.)
7 DE Reg. 775 (Final)
338 Certification Social Studies Teacher......................................................................................7 DE Reg. 423 (Prop.)
7 DE Reg. 775 (Final)
339 Certification Speech Teacher, Repeal....................................................................................7 DE Reg. 412 (Prop.)
7 DE Reg. 777 (Final)

343 Certification Art Teacher Comprehensive.............................................................................7 DE Reg. 424 (Prop.)
7 DE Reg. 775 (Final)
344 Certification Art Teacher Elementary....................................................................................7 DE Reg. 424 (Prop.)
7 DE Reg. 775 (Final)
345 Certification Art Teacher Secondary......................................................................................7 DE Reg. 425 (Prop.)
7 DE Reg. 775 (Final)
346 Certification Heath Education Teacher..................................................................................7 DE Reg. 425 (Prop.)
7 DE Reg. 775 (Final)
348 Music Teacher Comprehensive..............................................................................................7 DE Reg. 426 (Prop.)
7 DE Reg. 775 (Final)
349 Music Teacher Elementary.....................................................................................................7 DE Reg. 427 (Prop.)
7 DE Reg. 775 (Final)
350 Certification Music Teacher Secondary.................................................................................7 DE Reg. 427 (Prop.)
7 DE Reg. 775 (Final)
351 Certification Physical Education Teacher Comprehensive....................................................7 DE Reg. 428 (Prop.)
7 DE Reg. 775 (Final)
352 Certification Physical Education TeacherElementary............................................................7 DE Reg. 428 (Prop.)
7 DE Reg. 775 (Final)
353 Certification Physical Education Teacher Secondary............................................................7 DE Reg. 429 (Prop.)
7 DE Reg. 775 (Final)
354 Certification Reading Specialist.................... .....................................................................7 DE Reg. 430 (Prop.)
7 DE Reg. 775 (Final)
355 Certification Early Care and Education Teacher....................................................................7 DE Reg. 431 (Prop.)
7 DE Reg. 775 (Final)
356 Certification Primary Teacher (Grades K-4)..........................................................................7 DE Reg. 432 (Prop.)
7 DE Reg. 775 (Final)
357 Certification Middle Level Teacher (Grades 5-8)..................................................................7 DE Reg. 433 (Prop.)
7 DE Reg. 775 (Final)
358 Certification Bilingual Teacher (Spanish)Primary/middle Level..........................................7 DE Reg. 435 (Prop.)
7 DE Reg. 775 (Final)
361 Certification Teacher Exceptional Children Special Education/Elementary.........................7 DE Reg. 436 (Prop.)
7 DE Reg. 775 (Final)
362 Certification Teacher Exceptional Children Special Education/Secondary...........................7 DE Reg. 437 (Prop.)
7 DE Reg. 775 (Final)
363 Certification Exceptional Children Teacher Gifted/Talented.................................................7 DE Reg. 410 (Prop.)
375 Certification Counselor – Elementary School.......................................................................7 DE Reg. 438 (Prop.)
7 DE Reg. 775 (Final)
376 Certification Counselor – Secondary School.........................................................................7 DE Reg. 439 (Prop.)
7 DE Reg. 775 (Final)
377 Certification Human Relations Specialists, Repeal...............................................................7 DE Reg. 412 (Prop.)
7 DE Reg. 777 (Final)
378 Intern, Repeal.........................................................................................................................7 DE Reg. 412 (Prop.)
7 DE Reg. 777 (Final)
390 Delaware Licensure for Teachers Holding National Board for Professional Teaching
Standards Certification............................................................................................................7 DE Reg. 585 (Prop.)
392 Middle Level Certification, Repeal........................................................................................7 DE Reg. 412 (Prop.)
7 DE Reg. 777 (Final)
605 Student Rights and Responsibilities.......................................................................................7 DE Reg. 187 (Final)
905 Federal Programs General Complaint Procedures.................................................................7 DE Reg. 188 (Final)
1504 Delaware Performance Appraisal System for Administrators.............................................7 DE Reg. 13 (Prop.)
1507 Professional Growth Salary Increments................................................................................7 DE Reg. 709 (Prop.)
1509 Meritorious New Teacher Candidate Designation................................................................7 DE Reg. 712 (Prop.)
1510 Issuance of Initial License....................................................................................................7 DE Reg. 262 (Prop.)
7 DE Reg. 623 (Final)
7 DE Reg. 714 (Prop.)
1511 Issuance and Renewal of Continuing License......................................................................7 DE Reg. 197 (Final)
1512 Issuance & Renewal of Advanced License..........................................................................7 DE Reg. 585 (Prop.)

1514 Revocation of Licenses...................................... ...............................................................7 DE Reg. 265 (Prop.)
7 DE Reg. 627 (Final)
1516 Standard Certificate..............................................................................................................7 DE Reg. 267 (Prop.)
7 DE Reg. 629 (Final)
7 DE Reg. 718 (Prop.)
1526 Certification English to Speakers of Other Languages........................................................7 DE Reg. 440 (Prop.)
7 DE Reg. 775 (Final)
1530 Certification - Administrative - School Principal................................................................7 DE Reg. 190 (Final)
1531 Certification - Administrative - School Leader I.................................................................7 DE Reg. 190 (Final)
1530 Certification - Administrative - School Leader II................................................................7 DE Reg. 190 (Final)
1540 Certificate Science Teacher..................................................................................................7 DE Reg. 441 (Prop.)
7 DE Reg. 775 (Final)
1541 Standard Certificate – Mathematics Teacher –Middle Level...............................................7 DE Reg. 442 (Prop.)
7 DE Reg. 775 (Final)
1542 Standard Certificate – Science Teacher –Middle Level.......................................................7 DE Reg. 443 (Prop.)
7 DE Reg. 775 (Final)
1547 (Formerly 347) Certification Library/Media Specialist7 DE Reg. 258 (Prop.)
7 DE Reg. 632 (Final)
1563 Standard Certificate, Teacher of Gifted and Talented Students............................................7 DE Reg. 779 (Final)
1580 (Formerly 380) Certification School Nurse.........................................................................7 DE Reg. 260 (Prop.)
7 DE Reg. 633 (Final)
1584 Permits, School, Classroom Aides and Autistic Residential Child Care Specialists7 DE Reg. 720 (Prop.)
1593 Delaware Professional Teaching Standards7 DE Reg. 75 (Final)
PUBLIC EMPLOYMENT RELATIONS BOARD
Rule 12, Binding Grievance Arbitration.................................................................................7 DE Reg. 397 (Prop.)
7 DE Reg. 823 (Final)
DEPARTMENT OF FINANCE
OFFICE OF THE STATE LOTTERY
Lottery Regulations
Rule 30, Non-Discrimination on the Basis of Disability in Delaware Lottery Programs......7 DE Reg. 270 (Prop.)
7 DE Reg. 635 (Final)
Video Lottery Regulations
Video Lottery, ........................................................................................................................7 DE Reg. 587 (Prop.)
Video Lottery, Section 5.1, Technology Providers: Contracts; Requirements; Duties,
Section 7.15, Game Requirements...................................................................................7 DE Reg. 202 (Final)
Video Lottery, Section 5.0, Technology Providers: Contracts; Requirements; Duties,
Section 6.0, Agents: Duties, Section 7.0, Game Requirements.......................................7 DE Reg. 206 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Adult Abuse Registry, Regulations Governing.......................................................................7 DE Reg. 82 (Final)
Reg. 55.0, Neighborhood Homes for Persons with Developmental Disabilities....................7 DE Reg. 132 (Prop.)
7 DE Reg. 504 (Final)
DIVISION OF PUBLIC HEALTH
Home Health Agencies, Regulations for................................................................................7 DE Reg. 724 (Prop.)
Pre-Hospital Advanced Care Directive Regulations..............................................................7 DE Reg. 85 (Final)
Public Drinking Water Systems, Regulations Governing.......................................................7 DE Reg. 94 (Final)
Regulation for the Certification of Radiation Technologists/Technicians..............................7 DE Reg. 273 (Prop.)
7 DE Reg. 639 (Final)
Uniformed Controlled Substances Act, Rescheduling of Ganna Hudroxy Butyrate (GHB)..7 DE Reg. 608 (Prop.)
DIVISION OF SOCIAL SERVICES
Independent Therapist Provider for Physical therapy and Related Services..........................7 DE Reg. 745 (Prop.)
Prescribed Pediatric Extended Care Program and Title XIX Medicaid State Plan7 DE Reg. 277 (Prop.)
7 DE Reg. 643 (Final)
Temporary Assistance for Needy Families (TANF) program7 DE Reg. 280 (Prop.)
7 DE Reg. 649 (Final)

Title XIX Medicaid State Plan, Attachment 4.18, Client Cost Sharing for 
Pharmaceutical Services..................................................................................................7 DE Reg. 23 (Prop.)
7 DE Reg. 609 (Prop.)
7 DE Reg. 751 (Prop.)
Title XIX Medicaid State Plan, Attachment 4.19-C, Standards for Payment of Reserved
Beds During Absence from Long-Term Care Facilities..................................................7 DE Reg. 28 (Prop.)
7 DE Reg. 781 (Final)
DSSM
2027, Disqualification of Individuals Convicted of Drug Related Offenses .........................7 DE Reg. 299 (Prop.)
7 DE Reg. 647 (Final)
5100, Legal Base.....................................................................................................................7 DE Reg. 96 (Final)
5304, Jurisdiction...................................................................................................................7 DE Reg. 96 (Final)
5312, Responses to Hearing Requests....................................................................................7 DE Reg. 96 (Final)
5402, Hearings on Decisions..................................................................................................7 DE Reg. 96 (Final)
5403, Availability of Documents and Records.......................................................................7 DE Reg. 96 (Final)
5405, Fair Hearing Procedures...............................................................................................7 DE Reg. 96 (Final)
9007.1, Citizenship and Alien Status......................................................................................7 DE Reg. 29 (Prop.)
7 DE Reg. 334 (Final)
9038, Verification Subsequent to Initial Certification............................................................7 DE Reg. 30 (Prop.)
7 DE Reg. 336 (Final)
9063.3, Income Averaging......................................................................................................7 DE Reg. 30 (Prop.)
7 DE Reg. 336 (Final)
9081.3, Exempt Aliens............................................................................................................7 DE Reg. 150 (Prop.)
7 DE Reg. 516 (Final)
9085, Reporting Changes........................................................................................................7 DE Reg. 30 (Prop.)
7 DE Reg. 150 (Prop.)
9085, Reporting Changes7 DE Reg. 336 (Final)
7 DE Reg. 516 (Final)
9085.2, DSS Responsibilities: Actions on Changes...............................................................7 DE Reg. 336 (Final)
14300, Citizenship and Alienage...........................................................................................7 DE Reg. 212 (Final)
14960, Cost Sharing................................................................................................................7 DE Reg. 23 (Prop.)
7 DE Reg. 609 (Prop.)
15120.2, Financial Eligibility.................................................................................................7 DE Reg. 32 (Prop.)
7 DE Reg. 339 (Final)
15200, Transitional Medicaid/Initial Eligibility.....................................................................7 DE Reg. 32 (Prop.)
7 DE Reg. 339 (Final)
DEPARTMENT OF INSURANCE
1213 Recognition of the 2001 CSO Mortality Table for use in Determining 
Minimum Reserve Liabilities and Nonforfeiture Benefits.................................................... 7 DE Reg. 444 (Prop.)
7 DE Reg. 783 (Final)
1310, Standards for Prompt, Fair and Equitable Settlement of Claims for
Health CareServices................................................................................................................7 DE Reg. 100 (Final)
1406, Third Party Administrators................................ ...............................................................7 DE Reg. 300 (Final)
7 DE Reg. 668 (Final)
DEPARTMENT OF JUSTICE
DIVISION OF SECURITIES
Delaware Securities Act, Sections 600, 601, 608, 700 and 610.............................................7 DE Reg. 213 (Final)
DEPARTMENT OF LABOR
Delaware Prevailing Wage Regulation..........................................................................................7 DE Reg. 152 (Prop.)
7 DE Reg. 518 (Final)

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Delaware 1999 Milestone Compliance Demonstration” For the 1-hour National Ambient
Air Quality Standard Of Ground-Level Ozone ..............................................................7 DE Reg. 345 (Final)
Delaware Phase II Attainment Demonstration For The Philadelphia-Wilmington-Trenton
Ozone Non-Attainment Area Including A Revision of the 2005 Mobile Source
Emission Budgets Using MOBILE6...............................................................................7 DE Reg. 353 (Final)
Hazardous Waste, Regulations Governing.............................................................................7 DE Reg. 615 (Prop.)
Reg. No. 30, Title V State Operating Permit Program, Section 2 Definitions.......................7 DE Reg. 446 (Final)
Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories,
Subpart B.........................................................................................................................7 DE Reg. 6 (Errata)
DIVISION OF FISH AND WILDLIFE
Horseshoe Crab Regs HC-1 thru HC-14.................................................................................7 DE Reg. 220 (Final)
Shellfish Regulation 3708.......................................................................................................7 DE Reg. 308 (Prop.)
7 DE Reg. 785 (Final)
Tidal Finfish Regulation 3565, License Lotteries for Apprentices.........................................7 DE Reg. 308 (Prop.)
7 DE Reg. 785 (Final)
DIVISION OF WATER RESOURCES
Surface Water Discharges Section
Surface Water Quality Standards.....................................................................................7 DE Reg. 448 (Prop.)
DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Policy Regulation 45, Concerning Driver Imporvement Problem Driver Program......................7 DE Reg. 524 (Final)
7 DE Reg. 756 (Prop.)
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Child Protection Registry........................................................................................................7 DE Reg. 340 (Final)
7 DE Reg. 488 (Prop.)
7 DE Reg. 787 (Final)
MERIT EMPLOYEES RELATIONS BOARD
Rules and Regulations....................................................................................................................7 DE Reg. 493 (Prop.)
7 DE Reg. 799 (Final)
Executive Order No. 44, Creating Principles for Responsible Industry in Delaware.............7 DE Reg. 103
Executive Order No. 45, Amendment to Executive Order 20 Regarding State
Employees’ Charitable Campaign...................................................................................7 DE Reg. 104
Executive Order No. 46, The Delaware Homeland Security Council ...................................7 DE Reg. 358
Executive Order No. 47, Establishing the Delaware P-20 Council .......................................7 DE Reg. 358
Executive Order No. 48, Amending Executive Order Number Eleven................................. 7 DE Reg. 677
Executive Order No. 49, Creating The Community Notification Working Group ..............7 DE Reg. 677
Executive Order No. 50, Creating The Governor’s Commission On Community-Based
Alternatives For Individuals With Disabilities................................................................7 DE Reg. 678
Appointments.........................................................................................................................7 DE Reg. 105
7 DE Reg. 360
7 DE Reg. 831
HUMAN RELATIONS COMMISSION
Rule 10, Voluntary Termination and Dismissal & Rule 27, Reconsideration................................7 DE Reg. 34 (Prop.)
7 DE Reg. 793 (Final)

DEPARTMENT OF 
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL GEOLOGISTS
Statutory Authoirty: 24 Delaware Code
Section 3606(1) (24 Del.C. 3606(1))
PUBLIC NOTICE
The Board of Professional Geologists will hold a 
hearing pursuant to 24 Del.C. §3606(1) and 29 Del.C. ch. 
101 on Friday, February 6, 2004 at 10:00 a.m. in the Board’s 
Meeting Room, Cannon Building, 861 Silver Lake 
Boulevard, Suite 203, Dover, Delaware. The Board is 
proposing to amend Regulation 6.8.3 of the Board 
Regulations to read:
Peer Review of (12 CEUs) or Peer Reviewed Geologic 
Publications (12 CEUs)
Persons may obtain a copy of the proposed amendment 
at the Board’s address above and/or present their views in 
writing by mailing their views to the Board’s Office at the 
above address. The Board will consider those written 
submittals received prior to the February 6 hearing as well as 
public testimony offered at the hearing.
6.0Continuing Education
6.1The Board will require continuing education as a 
condition of license renewal. Continuing education shall be 
waived for the first licensure renewal following the effective 
date of the Board’s Rules and Regulations.
6.2The continuing education period will be from 
August 1st to July 31st of each biennial licensing period.
6.3Each licensed geologist shall complete, biennially, 
24 units of continuing education as a condition of license 
renewal. The licensee is responsible for retaining all 
certificates and documentation of participation in approved 
continuing education programs. Upon request, such 
documentation shall be made available to the Board for 
random audit and verification purposes 60 days prior to 
renewal. A continuing education unit is equivalent to one 
contact hour (60 minutes), subject to the Board’s review. 
The preparing of original lectures, seminars, or workshops in 
geology or related subjects shall be granted one (1) contact 
hour for preparation for each contact hour of presentation. 
Credit for preparation shall be given for the first presentation 
only.
6.4A candidate for renewal may be granted an 
extension of time in which to complete continuing education 
hours upon a showing of hardship. “Hardship” may include, 
but is not limited to, disability; illness; extended absence 
from the jurisdiction; or exceptional family responsibilities. 
Requests for hardship consideration must be submitted to the 
Board in writing prior to the end of the licensing period for 
which it is made.
6.5Continuing education shall be prorated for new 
licensees in the following manner: 
6.5.1If at the time of renewal, a licensee has 
been licensed for less than one year, no continuing education 
is required; if he/she has been licensed for more than one 
year, but less than two years, twelve of the twenty-four hours 
will be required; if he/she has been licensed for two years or 
more the full twenty-four hours is required.
6.6In his/her personal records, each licensee must keep

proof of attendance for each activity listed on the CE log 
form. If the Board conducts an audit of a licensee’s CE 
records, the Board will request the licensee’s documentation 
of attendance to the CE event listed on the form. Failure to 
submit proof of attendance during an audit will result in loss 
of CE credit for that event.
6.7Continuing education must be in a field related to 
Geology. Approval will be at the discretion of the Board. 
CEUs earned in excess of the required credits for the two- 
(2) year period may not be carried over to the next biennial 
period.
6.8Categories of Continuing Education & Maximum 
Credit Allowed:
6.8.1Courses – 24 CEUs
6.8.2Professional Meetings & Activities/Field 
Trips – 12 CEUs
6.8.3Peer Reviewed Publications – 12 CEUsPeer Review of (12 CEUs) or Peer Reviewed Geologic 
Publications (12 CEUs)
6.8.4Presentations – 12 CEUs
6.8.5Research/Grants – 12 CEUs
6.8.6Specialty Certifications – 12 CEUs
6.8.7Home Study Courses – 12 CEUs
6.8.8Teaching – 12 CEUs
6.8.9Service on a Geological Professional 
Society, Geological Institution Board/Committee or 
Geological State Board – 6 CEUs
6.8.10For any of the above activities, when it is 
possible to claim credit in more than one category, the 
licensee may claim credit for the same time period in only 
one category.
6.9Automatic Approval for course work sponsored by 
the following Professional Societies:
6.9.1American Association of Petroleum 
Geologists (AAPG)
6.9.2American Association of Stratigraphic 
Palynologists (AASP)
6.9.3American Geological Institute (AGI) 
6.9.4American Geophysical Union (AGU)
6.9.5American Institute of Hydrology (AIH)
6.9.6American Institute of Professional 
Geologists (AIPG)
6.9.7Association of American State Geologists 
(AASG)
6.9.8Association of Earth Science Editors 
(AESE)
6.9.9Association of Engineering Geologists 
(AEG)
6.9.10Association of Ground Water Scientists & 
Engineers (AGWSE) 
6.9.11Association of Women Geoscientists 
(AWG)
6.9.12Clay Mineral Society (CMS)
6.9.13Council for Undergraduate Research-
Geology Div. (CUR)
6.9.14Geologic Society of America (GSA)
6.9.15Geoscience Information Society (GIS)
6.9.16International Association of 
Hydrogeologists/US National Committee (IAH)
6.9.17Mineralogical Society of America (MSA)
6.9.18National Association of Black Geologists 
and Geophysicists (NABGG)
6.9.19National Association of Geoscience 
Teachers (NAGT)
6.9.20National Association of State Boards of 
Geology (ASBOG)
6.9.21National Earth Science Teachers 
Association (NESTA)
6.9.22National Speleological Society (NSS)
6.9.23Paleontological Research Institution (PRI)
6.9.24Paleontological Society (PS)
6.9.25Seismological Society of America (SSA)
6.9.26Society of Economic Geologists (SEG)
6.9.27Society of Exploration Geophysicists 
(SEG)
6.9.28Society of Independent Professional Earth 
Scientists (SIPES)
6.9.29Society for Mining, Metallurgy, and 
Exploration, Inc. (SME)
6.9.30Society for Organic Petrology (TSOP)
6.9.31Society for Sedimentary Geology (SEPM)
6.9.32Society of Vertebrate Paleontology (SVP)
6.9.33Soil Science Society of America (SSSA)
6.9.34Other professional or educational 
organizations as approved periodically by the Board.
6.10Courses not pre-approved by the Board may be 
submitted for review and approval throughout the biennial 
licensing period.
Note: Since regulation 6.9 provides the list of sponsors 
that are automatically approved by the Board for any course 
work used for Continuing Education units (CEU) towards 
the total of 24 CEUs in the biennial license period, please 
note that regulation 6.10, allowing for pre-approval of 
courses for CEUs, only pertains to courses NOT offered by a 
sponsor listed in the list provided in regulation 6.9. 
Furthermore, one CEU = one Contact Hour.
* PLEASE NOTE: AS THE REST OF THE REGULATIONS 
WERE NOT AMENDED, THEY ARE NOT BEING PUBLISHED.
BOARD OF CLINICAL SOCIAL WORK 
EXAMINERS
24 DE Admin. Code 3900
Statutory Authority: 24 Delaware Code,
Section 3906(1) (24 Del.C. §3906(1)
PLEASE TAKE NOTICE, pursuant to 29 Del.C.

Chapter 101 and 24 Del.C. §3906(1), the Delaware Board of 
Clinical Social Work Examiners proposes to revise its rules 
and regulations. The proposed revisions clarify the 
definition of “Clinical Social Work” and the requirements 
for acceptable clinical social work experience and 
professional supervision for purposes of licensure.
.A public hearing will be held on the proposed Rules and 
Regulations on Monday, March 15, 2004 at 9:00 a.m. in the 
Second Floor Conference Room A of the Cannon Building, 
861 Silver Lake Boulevard, Dover, Delaware, 19904. The 
Board will receive and consider input in writing from any 
person on the proposed Rules and Regulations. Any written 
comments should be submitted to the Board in care of Karin 
Stone at the above address. The final date to submit written 
comments shall be at the above scheduled public hearing. 
Anyone wishing to obtain a copy of the proposed Rules and 
Regulations or to make comments at the public hearing 
should notify Karin Stone at the above address or by calling 
(302) 744-4534.
This notice will be published in two newspapers of 
general circulation not less than twenty (20) days prior to the 
date of the hearing.
1.0Election of Officers and Responsibilities
1.1Officers shall be elected in September of each year, 
for a one year term. Special election to fill vacancies shall 
be held upon notice and shall be only for the balance of the 
original term.
1.2Officers have the following responsibilities:
1.2.1The President will preside at all meetings 
and sign official documents on behalf of the Board.
1.2.2The Vice-President will perform the duties 
of the President when the latter is unavailable or unable to 
perform the duties of the President.
1.2.3The Secretary will preside over meetings 
in the absence of the President and Vice-President.
2.0Definitions
“Clinical Social Work” as provided in 24 Del.C.
§3902(2) shall mean the application of social work theory 
and methods, which may include the person-in-environment 
perspective, to the assessment, diagnosis, prevention and 
treatment of biopsychosocial dysfunction, disability and 
impairment, including mental and emotional disorders, 
developmental disabilities and substance abuse. The 
application of social work method and theory includes, but is 
not restricted to, assessment (excluding administration of the 
psychological tests which are reserved exclusively for use by 
licensed psychologists pursuant to Chapter 35 of Title 24 of 
the Delaware Code), diagnosis, treatment planning and 
psychotherapy with individuals, couples, families and 
groups, case management, advocacy, crisis intervention and 
supervision of and consultation about clinical social work 
practice.
“Advocacy” means advocacy on behalf of an individual 
or family, and not on behalf of a cause or a group of people.
“Assessment” of “biopsychosocial dysfunction, 
disability and impairment” includes ongoing evaluation of a 
client’s functioning and intervention outcomes.
The term “groups” shall mean small groups, consisting 
of persons who represent themselves and are not 
representatives of a larger group.
3.0Acceptable Clinical Social Work Experience
3.1An applicant for examination and licensure shall 
submit evidence, verified by oath and acceptable to the 
Board, that such person has acquired two years (not less than 
3200 hours) of clinical social work experience that is 
acceptable to the Board after receiving a master’s degree 
from an accredited school of social work.
3.2At least 1600 hours of the required 3200 hours of 
post-degree clinical social work experience shall be under 
professional supervision acceptable to the Board in 
accordance with Section 4.0 of these rules and regulations.
3.2.1Each Applicant shall demonstrate to the 
satisfaction of the Board that he or she has satisfactorily 
completed each of the following practice skills during the 
1600 hours of professionally supervised clinical social work 
experience:
3.2.1.1Provides adequate clinical diagnoses 
and biopsychosocial assessments;
3.2.1.2Performs short-term and/or long-term 
interventions;
3.2.1.3Establishes treatment plans with 
measurable goals;
3.2.1.4 Adapts interventions to maximize client 
responsiveness;
3.2.1.5Demonstrates competence in clinical 
risk assessment and intervention;
3.2.1.6Recognizes when personal issues 
affect clinical objectivity;
3.2.1.7Recognizes and operates within own 
practice limitations;
3.2.1.8Seeks consultation when needed;
3.2.1.9Refers to sources of help when 
appropriate; and
3.2.1.10Practices within established 
ethical and legal parameters.
3.2.2Use of professional values, professional 
knowledge, professional identity and use of self and 
disciplined approach to the practice environment should be 
reflected in each of the above listed practice skills.
2.0 4.0Professional Supervision
2.1Acceptable supervision shall be that amount of 
personal oversight by the licensed professional that would be 
considered usual and customary in the profession consistent 
with the applicant’s level of skill, education and experience, 

but in any event should include the following activities, by 
way of example and not by way of limitation:
2.1.1Individual case reviews.
2.1.2Evaluations of diagnosis and courses of 
treatment.
2.1.3Proper adherence to agency policy and 
procedures.
4.1Professional supervision that is acceptable to the 
Board shall be that amount of personal oversight, conducted 
directly by the licensed clinical social worker, necessary and 
consistent with the applicant’s level of skill, education and 
experience, to enable both the applicant and the licensed 
clinical social worker to attest that the applicant has attained 
the required acceptable clinical social work experience 
including achievement of the practice competencies and 
practice skills set forth in Section 3.0 of these Rules and 
Regulations. When professional supervision by a licensed 
clinical social worker is not available, the applicant may be 
supervised by a master’s level degree social worker, a 
licensed psychologist, or a licensed psychiatrist.
2.2 4.2The amount of supervisory contact shall be at 
least one hour per week during the supervised period. This 
contact must may be on a one-to-one face-to-face basis or by 
live videoconferencing; provided, however, that supervision 
by live videoconferencing shall not exceed fifty percent (50 
%) of the total supervision in any month. Supervision by 
telephone or e-mail is expressly not permitted.
2.3 4.3The Board shall require submission of the 
following information from the supervisor(s): supervisor’s 
name; business address; license number, professional field 
and State in which the license was granted during the period 
of supervision; agency in which the supervision took place 
(if applicable); the number of qualifying practice hours 
toward the statutory requirement; the number of one-to-one 
face-to-face supervisory hours; and the number of live 
videoconferencing supervisory hours (if applicable).
2.4 4.4A licensed Psychiatrist shall be defined as a 
licensed Medical Doctor with a specialty in psychiatry or a 
licensed Doctor of Osteopathic Medicine with a specialty in 
psychiatry.
See 5 DE Reg. 1072 (11/1/01)
3.1 5.1Applications will be kept active and on file for 
two (2) years. If the applicant fails to meet the licensure 
requirements and/or pass the examination within two (2) 
years, the application shall be deemed to have expired and 
the applicant must reapply in the same manner as for initial 
application, i.e., by submitting the application 
documentation along with the proper fee to be eligible to sit 
for the examination.
3.2 5.2The Board will not review incomplete 
applications.
3.3 5.3All signatures must be original on all forms.
3.4 5.4The applicant shall have obtained the passing 
score on the national clinical examination approved by the 
American Association of State Social Work Boards 
(AASSWB). The Board shall accept the passing grade as 
determined by the AASSWB.
3.5 5.5Any applicant holding a degree from a program 
outside the United States or its territories must provide the 
Board with an educational credential evaluation from 
International Consultants of Delaware, Inc., its successor, or 
any other similar agency approved by the Board, 
demonstrating that their training and degree are equivalent to 
domestic accredited programs. No application is considered 
complete until the educational credential evaluation is 
received by the Board. (29 Del. C. § 3907(a)(1))
4.0 6.0Renewal
4.1 6.1The licensee’s failure to receive notices or 
letters concerning renewal will not relieve the licensee of 
the responsibility to personally assure delivery of his/her 
renewal application to the Board.
4.2 6.2In order to be eligible for license renewal 
during the first year after expiration, the practitioner shall be 
required to meet all continuing education credits for 
continued licensure, pay the licensure fee, and pay any late 
fee established by the Division of Professional Regulation. 
5.0 7.0Continuing Education
5.1 7.1Required Continuing Education Hours:
5.1.1 7.1.1Hours Required. All licensees must 
complete forty-five (45) hours of continuing education 
during each biennial license period. For license periods 
beginning January 1, 1999 and thereafter, documentation, as 
required by Rule 5.4, of all continuing education hours must 
be submitted to the Board for approval by October 31 of 
each biennial license period.
5.1.2 7.1.2Proration. At the time of the initial 
license renewal, some individuals will have been licensed 
for less than two (2) years. Therefore, for these individuals 
only, the continuing education hours will be prorated as 
follows:
License Granted During FirstCredit Hours
Year Of Licensing PeriodRequired 
January 1 - June 3035 hours
July 1 - December 3125 hours
License Granted During SecondCredit Hours
Year Of Licensing PeriodRequired
January 1 - June 3015 hours
July 1 - December 315 hours
5.1.3 7.1.3Hardship. A candidate for license 
renewal may be granted an extension of time in which to 
complete continuing education hours upon a showing of 

good cause. “Good Cause” may include, but is not limited 
to, disability, illness, extended absence from the jurisdiction 
and exceptional family responsibilities. Requests for 
hardship consideration must be submitted to the Board in 
writing prior to the end of the licensing period, along with 
payment of the appropriate renewal fee. No extension shall 
be granted for more than 120 days after the end of the 
licensing period. If the Board does not have sufficient time 
to consider and approve a request for hardship extension 
prior to the expiration of the license, the license will lapse 
upon the expiration date and be reinstated upon completion 
of continuing education pursuant to the hardship exception.
See 2 DE Reg 775 (11/1/98)
5.2 7.2Definition and Scope of Continuing Education:
5.2.1 7.2.1Continuing Education is defined to 
mean approved courses offered by colleges and universities, 
televised and extension courses, independent study courses 
which have a final exam or paper, workshops, seminars, 
conferences and lectures oriented toward the enhancement of 
clinical social work practice, values, skills and knowledge, 
including self-directed activity and preparation of a first-
time clinical course as described herein.
5.2.1.1 7.2.1.1Approved Courses shall be 
those courses which: increase the clinical social worker 
(CSW)’s knowledge about, skill in diagnosing and assessing, 
skill in treating, and/or skill in preventing mental and 
emotional disorders, developmental disabilities and 
substance abuse; AND are instructed or presented by persons 
who have received specialized graduate-level training in the 
subject, or who have no less than two (2) years of practical 
application or research experience pertaining to the subject.
5.2.1.2 7.2.1.2Mental and Emotional 
Disorders, Developmental Disabilities and Substance Abuse 
are those disorders enumerated and described in the most 
current Diagnostic and Statistical Manual including, but not 
limited to, the V Codes and the Criteria Sets and Axes 
provided for further study. 
5.2.1.3 7.2.1.3Self-Directed Activity shall 
include teaching, research, preparation and/or presentation 
of professional papers and articles, and other activities 
specifically approved by the Board.
5.2.2 7.2.2Any program submitted for 
continuing education hours must have been attended during 
the biennial licensing period for which it is submitted. 
Excess credits may not be carried over to the next licensing 
period. 
5.2.3 7.2.3An “hour” for purposes of continuing 
education credit shall mean 60 minutes of instruction or 
participation in an appropriate course or program. Meals and 
breaks shall be excluded from credit.
5.2.4 7.2.4The Board may, upon request, review 
and approve credit for self-directed activities, to a maximum 
of 15 hours per biennial licensing period. A licensee must 
obtain pre-approval of the Board prior to undertaking the 
self-directed activity in order to assure continuing education 
credit for the activity. Any self-directed activity submitted 
for approval must include a written proposal outlining the 
scope of the activity, the number of continuing education 
hours requested, the anticipated completion date(s), the role 
of the licensee in the case of multiple participants (e.g. 
research) and whether any part of the self-directed activity 
has ever been previously approved or submitted for credit by 
the same licensee.
5.2.5 7.2.5The Board may award a maximum of 
5 continuing education hours for the first-time preparation 
and presentation of a clinical social work course, in-service 
training, workshop, or seminar. A copy of the course 
syllabus and verification that the course was presented is 
required for Board approval.
5.3 7.3Continuing Education Content Requirements:
During each biennial licensing period, licensees 
shall complete a minimum of thirty (30) hours of continuing 
education in Category I courses. The remaining fifteen (15) 
continuing education hours may be taken in Category II 
courses. At least three (3) of the 30 Category I hours shall 
consist of courses acceptable to the Board in the area of 
ethics for mental health professionals.
Category I: Courses which have as their primary 
focus and content the assessment, diagnosis, and 
biopsychosocial (biological, psychological and social) 
treatment of mental and emotional disorders, developmental 
disabilities, and/or substance abuse; courses which have as 
their primary focus and content the ethical practice of social 
work.
Category II: Courses in any of the following areas 
which are related to and increase the CSW’s knowledge of 
mental and emotional disorders, developmental disabilities, 
and/or substance abuse
•research methods and findings;
•psychology and sociology; 
•human growth and development;
•child and family constructs;
•physical illness and health;
•social action;
•advocacy; 
•human creativity;
•spirituality
•HIV
5.4 7.4Continuing Education Reporting and 
Documentation
5.4.1 7.4.1Continuing Education Reporting 
Periods
Licenses are valid for 2 year periods, renewing 
on January 31 of odd numbered years (e.g. January 31, 2001, 
2003). Continuing education reporting periods run from 
October 31 to October 31 of the preceding two even-
numbered years (e.g. credits for the January 2001 license 
renewal may be obtained between October 31, 1998 and 

October 31, 2000). The Board will allow credits obtained 
between October 31 and January 31 to apply to either (but 
not both) of the biennial licensing periods, at the licensee’s 
discretion.
Beginning with the January 2003 license 
renewal, all required continuing education should be 
completed within the previous two year October to October 
period (e.g. between October 31, 2000 and October 31, 2002 
for January 2003 renewal). The Board shall continue to have 
the discretion, however, to grant extensions of time in which 
to complete continuing education in cases of hardship, 
pursuant to 24 Del.C. §3912 and Rule 5.1.3 7.1.3. 
5.4.2 7.4.2In order to assure receipt of 
continuing education credits, a licensee must complete and 
submit the appropriate continuing education form provided 
by the Division of Professional Regulation no later than 
October 31st of the biennial licensing period.
5.4.3 7.4.3In addition to the form, each licensee 
must submit the following documentation as to each course 
attended: a certificate of attendance or completion signed by 
the presenter and attesting to the number of hours the 
licensee attended; documentation identifying the date and 
location of the course, the total number of CE hours attended 
and the agenda, outline or brochure describing the course. 
Originals or photocopies will be accepted and retained by the 
Board. The Board reserves its right to request additional 
documentation, such as copies of program materials, to 
verify CE compliance. Statutory Authority: 24 Del.C. §§ 
3906(7), 3912.
See 3 DE Reg 1680 (6/1/00)
See 4 DE Reg 1815 (5/1/01)
6.0 8.0Inactive Status (24 Del. C. § 3911(c))
6.1 8.1A licensee asking to have his/her license placed 
on inactive status must notify the Board of his/her intention 
to do so, in writing, prior to the expiration of his/her current 
license. Each subsequent request for extensions of inactive 
status must be submitted to the Board in writing, before the 
end of the immediately prior inactive period.
6.2 8.2A licensee on inactive status must comply with 
Rule 5.0, "Continuing Education," for each period of 
inactivity. A licensee on inactive status seeking to re-enter 
practice must notify the Board in writing of his/her intention, 
pay the appropriate fee, and provide the Board with 
documentation of any continuing education hours required 
by Rule 5.0.
6.3 8.3On written request and a showing of hardship, 
the Board may grant additional time for completion of 
continuing education requirements to licensees returning to 
practice from inactive status. "Hardship" may include, but is 
not limited to, disability, illness, extended absence from the 
jurisdiction and exceptional family responsibilities.
See 2 DE Reg 775 (11/1/98)
See 3 DE Reg 1680 (6/1/00)
7.0 9.0Ethics
7.1 9.1Duties to Client
7.1.1 9.1.1The LCSW’s primary responsibility is 
the welfare of the client. 
7.1.2 9.1.2In providing services, the LCSW must 
not discriminate on the basis of age, sex, race, color, 
religion/ spirituality, national origin, handicap, political 
affiliation, or sexual orientation.
7.1.3 9.1.3When a client needs other community 
services or resources, the LCSW has the responsibility to 
assist the client in securing the appropriate services.
7.1.4 9.1.4The LCSW should refer a client to 
other service providers in the event that the LCSW cannot 
provide the service requested. In the case of a referral, no 
commission, rebate or any other remuneration may be given 
or received for referral of clients for professional services, 
whether by an individual or an organization.
7.1.5 9.15The LCSW must, in cases where 
professional services are requested by a person already 
receiving therapeutic assistance from another professional, 
clarify with the client and the other professional the scope of 
services and division of responsibility which each 
professional will provide.
7.1.6 9.1.6The LCSW must maintain appropriate 
boundaries in his/her interactions with a client. The LCSW 
must not engage in sexual activity with a client. The LCSW 
must not treat a family member or close personal friend 
where detached judgment or objectivity would be impaired. 
Business, social or professional relationships with a client 
(outside of the counseling relationship) should be avoided, 
where such relationships may influence or impair the 
LCSW’s professional judgment. 
7.2 9.2Confidentiality/privileged Communications
7.2.1 9.2.1The LCSW must safeguard the 
confidentiality of information given by clients in the course 
of client services. 
7.2.2 9.2.2The LCSW must discuss with clients 
the nature of and potential limits to confidentiality that may 
arise in the course of therapeutic work. 
7.2.3 9.2.3No LCSW or employee of such 
person may disclose any confidential information they may 
have acquired from persons consulting them in their 
professional capacity except under the following conditions:
7.2.3.1 9.2.3.1With the written consent of 
the person or persons (the guardian, in the case of a minor) 
or, in the case of death or disability, of his/her personal 
representative, or person authorized to sue, or the beneficiary 
of an insurance policy on his/her life, health or physical 
condition, or 
7.2.3.2 9.2.3.2Where the communication 
reveals the contemplation of a crime or harmful act.
7.2.3.3 9.2.3.3When the person waives the 

privilege by initiating formal charges against the LCSW.
7.2.3.4 9.2.3.4When otherwise specifically 
required by law or judicial order.
7.2.4 9.2.4The disclosure of confidential 
information, as permitted by Rule 7.2.3, is restricted to what 
is necessary, relevant, verifiable and based on the recipients’ 
need to know. The LCSW should, provided it will not 
adversely affect the client’s condition, inform the client 
about the nature and scope of the information being 
disclosed, to whom the information will be released and the 
purpose for which it is sought.
7.3 9.3Ethical Practice
7.3.1 9.3.1The LCSW is responsible for 
confining his/her practice to those areas in which he/she is 
legally authorized and in which he/she is qualified to 
practice. When necessary the LCSW should utilize the 
knowledge and experience of members of other professions.
7.3.2 9.3.2The LCSW is responsible for 
providing a clear description of what the client may expect in 
the way of scheduling services, fees and any other charges or 
reports
7.3.3 9.3.3The LCSW, or any employee or 
supervisee of the LCSW, must be accurately identified on 
any bill as the person providing a particular service, and the 
fee charged the client should be at the LCSW’s usual and 
customary rate. Sliding fee scales are permissible.
7.3.4 9.3.4An LCSW employed by an agency or 
clinic, and also engaged in private practice, must conform to 
contractual agreements with the employing facility. He/She 
must not solicit or accept a private fee or consideration of 
any kind for providing a service to which the client is 
entitled through the employing facility.
7.3.5 9.3.5An LCSW having direct knowledge 
of a colleague’s impairment, incompetence or unethical 
conduct should take adequate measures to assist the 
colleague in taking remedial action. In cases where the 
colleague does not address the problem, or in any case in 
which the welfare of a client appears to be in danger, the 
LCSW should report the impairment, incompetence or 
unethical conduct to the Board.
7.3.6 9.3.6The Board has voted to adopt the 
Voluntary Treatment Option, in accordance with 29 Del.C. 
§8807(n).
7.3.7 9.3.7An LCSW should safeguard the 
welfare of clients who willingly participate as research 
subjects. The LCSW must secure the informed consent of 
any research participant and safeguard the participant’s 
interests and rights.
7.3.8 9.3.8In advertising his or her services, the 
LCSW may use any information so long as it describes his/ 
her credentials and the services provided accurately and 
without misrepresentation. 
7.3.9 9.3.9In the areas of computer and Internet 
technology and non-established practice, the LCSW should 
inform the client of risks involved. The LCSW should 
exercise careful judgment and should take responsible steps 
(such as research, supervision, and training) to ensure the 
competence of the work and the protection of the client. All 
precautions should be taken with computer-based 
communications to ensure that no confidential information is 
disseminated to the wrong individual and identities are 
protected with respect to privacy.
7.4 9.4Clinical Supervision
7.4.1 9.4.1The LCSW should ensure that 
supervisees inform clients of their status as interns, and of 
the requirements of supervision (review of records, 
audiotaping, videotaping, etc.). The client shall sign a 
statement of informed consent attesting that services are 
being delivered by a supervisee and that the LCSW is 
ultimately responsible for the services. This document shall 
include the supervising LCSW’s name and the telephone 
number where he/she can be reached. One copy shall be 
filed with the client’s record and another given to the client. 
The LCSW must intervene in any situation where the client 
seems to be at risk. 
7.4.2 9.4.2The LCSW should inform the 
supervisee about the process of supervision, including goals, 
case management procedures, and agency or clinic policies. 
7.4.3 9.4.3The LCSW must avoid any 
relationship with a supervisee that may interfere with the 
supervisor’s professional judgment or exploit the supervisee.
7.4.4 9.4.4The LCSW must refrain from 
endorsing an impaired supervisee when such impairment 
deems it unlikely that the supervisee can provide adequate 
professional services.
7.4.5 9.4.5The LCSW must refrain from 
supervising in areas outside his/her realm of competence. 
Statutory Authority: 24 Del.C. §§3901, 3906(1)(6)(9), 3913, 
3915.
See 3 DE Reg 1680 (6/1/00)
8.0 10.0Voluntary Treatment Option for Chemically 
Dependent or Impaired Professionals
8.1 10.1If the report is received by the chairperson 
of the regulatory Board, that chairperson shall immediately 
notify the Director of Professional Regulation or his/her 
designate of the report. If the Director of Professional 
Regulation receives the report, he/she shall immediately 
notify the chairperson of the regulatory Board, or that 
chairperson's designate or designates. 
8.2 10.2The chairperson of the regulatory Board or that 
chairperson's designate or designates shall, within 7 days of 
receipt of the report, contact the individual in question and 
inform him/her in writing of the report, provide the 
individual written information describing the Voluntary 
Treatment Option, and give him/her the opportunity to enter 
the Voluntary Treatment Option. 
8.3 10.3In order for the individual to participate in the 

Voluntary Treatment Option, he/she shall agree to submit to 
a voluntary drug and alcohol screening and evaluation at a 
specified laboratory or health care facility. This initial 
evaluation and screen shall take place within 30 days 
following notification to the professional by the participating 
Board chairperson or that chairperson's designate(s). 
8.4 10.4A regulated professional with chemical 
dependency or impairment due to addiction to drugs or 
alcohol may enter into the Voluntary Treatment Option and 
continue to practice, subject to any limitations on practice 
the participating Board chairperson or that chairperson's 
designate or designates or the Director of the Division of 
Professional Regulation or his/her designate may, in 
consultation with the treating professional, deem necessary, 
only if such action will not endanger the public health, 
welfare or safety, and the regulated professional enters into 
an agreement with the Director of Professional Regulation or 
his/her designate and the chairperson of the participating 
Board or that chairperson's designate for a treatment plan 
and progresses satisfactorily in such treatment program and 
complies with all terms of that agreement. Treatment 
programs may be operated by professional Committees and 
Associations or other similar professional groups with the 
approval of the Director of Professional Regulation and the 
chairperson of the participating Board.
8.5 10.5Failure to cooperate fully with the 
participating Board chairperson or that chairperson's 
designate or designates or the Director of the Division of 
Professional Regulation or his/her designate in regard to the 
Voluntary Treatment Option or to comply with their requests 
for evaluations and screens may disqualify the regulated 
professional from the provisions of the Voluntary Treatment 
Option, and the participating Board chairperson or that 
chairperson's designate or designates shall cause to be 
activated an immediate investigation and institution of 
disciplinary proceedings, if appropriate, as outlined in 
subsection (h) of this section. 
8.6 10.6The Voluntary Treatment Option may 
require a regulated professional to enter into an agreement 
which includes, but is not limited to, the following 
provisions: 
8.6.1 10.6.1Entry of the regulated professional 
into a treatment program approved by the participating 
Board. Board approval shall not require that the regulated 
professional be identified to the Board. Treatment and 
evaluation functions must be performed by separate agencies 
to assure an unbiased assessment of the regulated 
professional's progress.
8.6.2 10.6.2Consent to the treating professional of 
the approved treatment program to report on the progress of 
the regulated professional to the chairperson of the 
participating Board or to that chairperson's designate or 
designates or to the Director of the Division of Professional 
Regulation or his/her designate at such intervals as required 
by the chairperson of the participating Board or that 
chairperson's designate or designates or the Director of the 
Division of Professional Regulation or his/her designate, and 
such person making such report will not be liable when such 
reports are made in good faith and without malice. 
8.6.3 10.6.3Consent of the regulated professional, 
in accordance with applicable law, to the release of any 
treatment information from anyone within the approved 
treatment program. 
8.6.4 10.6.4Agreement by the regulated 
professional to be personally responsible for all costs and 
charges associated with the Voluntary Treatment Option and 
treatment program(s). In addition, the Division of 
Professional Regulation may assess a fee to be paid by the 
regulated professional to cover administrative costs 
associated with the Voluntary Treatment Option. The amount 
of the fee imposed under this subparagraph shall 
approximate and reasonably reflect the costs necessary to 
defray the expenses of the participating Board, as well as the 
proportional expenses incurred by the Division of 
Professional Regulation in its services on behalf of the Board 
in addition to the administrative costs associated with the 
Voluntary Treatment Option. 
8.6.5 10.6.5Agreement by the regulated 
professional that failure to satisfactorily progress in such 
treatment program shall be reported to the participating 
Board's chairperson or his/her designate or designates or to 
the Director of the Division of Professional Regulation or 
his/ her designate by the treating professional who shall be 
immune from any liability for such reporting made in good 
faith and without malice. 
8.6.6 10.6.6Compliance by the regulated 
professional with any terms or restrictions placed on 
professional practice as outlined in the agreement under the 
Voluntary Treatment Option.
8.7 10.7The regulated professional's records of 
participation in the Voluntary Treatment Option will not 
reflect disciplinary action and shall not be considered public 
records open to public inspection. However, the participating 
Board may consider such records in setting a disciplinary 
sanction in any future matter in which the regulated 
professional's chemical dependency or impairment is an 
issue.
8.8 10.8The participating Board's chairperson, his/
her designate or designates or the Director of the Division of 
Professional Regulation or his/her designate may, in 
consultation with the treating professional at any time during 
the Voluntary Treatment Option, restrict the practice of a 
chemically dependent or impaired professional if such action 
is deemed necessary to protect the public health, welfare or 
safety.
8.9 10.9If practice is restricted, the regulated 
professional may apply for unrestricted licensure upon 
completion of the program.

8.10 10.10Failure to enter into such agreement or to 
comply with the terms and make satisfactory progress in the 
treatment program shall disqualify the regulated professional 
from the provisions of the Voluntary Treatment Option, and 
the participating Board shall be notified and cause to be 
activated an immediate investigation and disciplinary 
proceedings as appropriate.
8.11 10.11Any person who reports pursuant to this 
section in good faith and without malice shall be immune 
from any civil, criminal or disciplinary liability arising from 
such reports, and shall have his/her confidentiality protected 
if the matter is handled in a nondisciplinary matter. 
8.12 10.12Any regulated professional who complies 
with all of the terms and completes the Voluntary Treatment 
Option shall have his/her confidentiality protected unless 
otherwise specified in a participating Board's rules and 
regulations. In such an instance, the written agreement with 
the regulated professional shall include the potential for 
disclosure and specify those to whom such information may 
be disclosed.
See 3 DE Reg 1680 (6/1/00)
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code, 
Section 10005 (3 Del.C. §10005)
PUBLIC NOTICE
The Delaware Harness Racing Commission issues the 
proposed rule amendments pursuant to 3 Del.C. §10005 and 
29 Del.C. §10115. The Commission will accept written 
comments from January 1, 2004 through February 23, 2004. 
The Commission will hold a public hearing on the proposed 
rule amendments on February 25, 2004 at 10:15 a.m. at 
Dover Downs, Dover, DE. Written comments should be 
submitted to John Wayne, Administrator of Racing, 2320 S. 
DuPont Highway, Dover, DE 19901. 
The Commission proposes to amend its Rules as 
follows:
1.Amend Rule 3.1.1.14 to provide for the 
appointment of a Bleeder Medication Veterinarian, and 
delete the current reference to Lasix Veterinarian.
2.Amend Rule 3.13 to change the name of the Rule 
from "State Veterinarian" to "Commission Veterinarian." 
Amend Rules 3.13.1, 3.13.2, 3.13.2.3, 3.13.2.6, 3.13.2.8, and 
3.13.3 to refer to "Commission Veterinarian" instead of the 
current reference to "State Veterinarian."
3.Amend Rule 3.14 to change the name of the Rule 
from "Lasix Veterinarian" to "Bleeder Medication 
Veterinarian." Amend Rule 3.14.1 to refer to "Bleeder 
Medication Veterinarian" instead of the current reference to 
"Lasix Veterinarian." Amend 3.14.1.1 to refer to 
"Commission Veterinarian" instead of the current reference 
to "State Veterinarian." Amend Rule 3.14.1.6 to provide that 
the duties of the Bleeder Medication Veterinarian include 
administration of furosemide (salix) and aminocaproic acid 
in accord with Commission Rule 8.3.5. Amend Rule 3.14.2 
to change the wording to "Commission Veterinarian" from 
the current reference to "State Veterinarian."
4.Amend Rule 6.3.3.13 to provide that post race 
samples can be taken from claimed horses, which differs 
from the current rule that only refers to urine samples. 
Further amend Rule 6.3.3.13 to provide that a claimant has 
the right to void a claim if a postrace blood sample from a 
horse exhibits a positive response to the EPO antibody test.
5.Amend Rule 8.3.5 to change the title of the Rule to 
delete the reference to "Lasix" and substitute the words 
"(Salix) and Aminocaproic Acid (Amicar)."
6.Amend Rule 8.3.5.1 to provide that furosemide 
(salix) or furosemide with aminocaproic acid may be 
administered to a horse on the grounds of the association, 
and to further provide, that said administration may only be 
permitted after the Commission Veterinarian has placed the 
horse on the Bleeder List or to facilitate collection of a urine 
sample.
7.Amend Rule 8.3.5.2 to provide that furosemide or 
furosemide with aminocaproic acid shall be administered 
intravenously by the Bleeder Medication Veterinarian unless 
otherwise determined by that veterinarian. Further amend 
Rule 8.3.5.2 to provide that permission for an intramuscular 
administration must be given by the Presiding Judge or 
designee.
8.Amend Rule 8.3.5.3 to provide that Aminocaproic 
Acid shall be administered by the Bleeder Medication 
Veterinarian to horses on the Bleeder Medication List of not 
more than 7.5 grams and not less than 2.5 grams 
intravenoulsy, and that Furosemide shall also only be 
administered to horses on the Bleeder List by the Bleeder 
Medication Veterinarian. Further amend Rule 8.3.5.3 by 
deleting Rule 8.3.5.3.1, and renumbering the remaining parts 
of the Rule.
9.Amend Rule 8.3.5.4 to provide the time for horses 
to be present in assigned stalls in the paddock for 
Aminocaproic Acid treatment. Further amend Rule 8.3.5.4 
to change the word "Lasix" to "Furosemide."
10.Amend Rule 8.3.5.5 to provide that payment is to 
be made to the Bleeder Medication Veterinarian for 
administration of medication. 
11.Amend Rule 8.3.5.6 to delete the word "lasix".
12.Amend Rule 8.3.5.7 to provide that a horse may be 
disqualified for failing to declare or report the use of 
adminocaproic acid, and may be disqualified for the absence 
of bleeder medication after declaring the use of bleeder 
medication. Further amend Rule 8.3.5.7.1 to delete the word 

"Lasix" and insert the word "Furosemide." Further amend 
Rule 8.3.5.7.1.2 and 8.3.5.7.2 to correct renumbering of 
Rules and to make a grammatical change in the wording of 
the specific gravity level.
13.Amend Rule 8.3.5.8 to provide that the Bleeder 
Medication Veterinarian is responsible for written 
certifications of administrations of Aminocaproic Acid or 
Furosemide or Furosemide with Aminocaproic Acid.
14.Amend Rule 8.3.5.9 to delete the reference in Rule 
8.3.5.9.1 to "Commission Veterinarian" and insert "Bleeder 
Medication Veterinarian." Further amend Rules 8.3.5.9.1.2 
and 8.3.5.9.2 to delete the reference to "Lasix veterinarian." 
Further amend Rule 8.3.5.9.3 to add language that 
Furosemide or Furosemide with Aminocaproic Acid if 
applicable must be administered to horses on the Bleeder 
List. Amend Rule 8.3.5.9.6 to provide the procedure to 
discontinue the use of Aminocaproic Acid in a horse. 
Amend Rule 8.3.5.9.7 to delete the word "Lasix" and add 
"Furosemide and Aminocaproic Acid" in reference to 
program symbols to indicate whether a horse from another 
jurisdiction did not race with Furosemdie or Furosemide 
with Aminocapric Acid in its last start. Amend Rule 
8.3.5.9.8 to delete the word "Lasix" and add "Furosemide or 
Furosemide with Aminocaproic Acid" and to renumber rule 
sections referenced in the rule. 
3.0Officials
3.1General Provisions
3.1.1Racing Officials
Officials at a race meeting may include the 
following, as determined by the Commission:
3.1.1.1State Steward;
3.1.1.2Board of judges;
3.1.1.3racing secretary;
3.1.1.4paddock judge;
3.1.1.5horse identifier and equipment 
checker;
3.1.1.6clerk of the course;
3.1.1.7official starter;
3.1.1.8official charter;
3.1.1.9official timer;
3.1.1.10photo finish technician;
3.1.1.11patrol judge;
3.1.1.12program director;
3.1.1.13State veterinarian; 
3.1.1.14LASIX Bleeder Medicationveterinarian;
3.1.1.15Investigator; and
3.1.1.16Administrator of Racing
3.1.1.17any other person designated by the 
Commission.
3.1.2Eligibility 
To qualify as a racing official the 
appointee must be licensed by the Commission after a 
determination that he/she:
3.1.2.1is of good moral character and 
reputation;
3.1.2.2is experienced in and/or 
knowledgeable of harness racing;
3.1.2.3is familiar with the duties to which he/
she is appointed and with the Commission's rules and 
regulations;
3.1.2.4possesses the mental and physical 
capacity to perform his/her duties; and
3.1.2.5is not under suspension or ejection by 
the U.S.T.A., the C.T.A. or any racing jurisdiction.
3.1.3Approval and Licensing
The Commission, in its sole discretion, 
may determine the eligibility of a racing official and, in its 
sole discretion, may approve or disapprove any such official 
for licensing.
3.1.4Prohibited Practices
Racing officials and their assistants shall 
not engage in any of the following activities while serving in 
an official capacity at a race meeting:
3.1.4.1participate in the sale or purchase, or 
own any horse racing at the meeting;
3.1.4.2sell or solicit horse insurance on any 
horse racing at the meeting;
3.1.4.3be licensed in any other capacity 
without permission of the Commission;
3.1.4.4wager on the outcome of any live or 
simulcast race;
3.1.4.5refuse to take a breath analyzer test or 
submit to a blood or urine sample when directed by the 
Commission or its designee; or
3.1.4.6perform their official duties on any 
day during which any horse entered in any live race at the 
association grounds is owned or trained, in whole or in part, 
directly or indirectly, or is driven by any parent, child or 
sibling of such official, or participate in the draw for any 
such race; provided, however, that a parent, child or sibling 
of an official acting solely as a groom for such a horse shall 
not be deemed to pose a conflict of interest for the official; 
provided further, that should any such conflict described 
above arise, the official will immediately notify the State 
Steward; and provided, further, that should repeated such 
conflicts interfere with the official's performance of his/her 
normal duties, or with any other official's performance of 
his/her official duties, then the Commission shall appoint 
another person to replace the official with the familial 
conflict.
3.1.5Report of Violations
Racing officials and their assistants shall 
report immediately to the State Steward or judges every 
observed violation of these rules and of the laws of this 
jurisdiction governing racing.
3.1.6Complaints Against Officials

Any formal complaint against a racing 
official other than a judge shall be made to the State Steward 
or Presiding Judge in writing and signed by the complainant. 
All such complaints shall be reported to the Commission by 
the State Steward or Presiding Judge, as appropriate, 
together with a report of the action taken or the 
recommendation of the State Steward or Presiding Judge. 
Formal complaints against the State Steward or any judge 
shall be made in writing to the Commission and signed by 
the complainant.
3.1.7Appointment
3.1.7.1A person shall not be appointed to 
more than one racing official position at a meeting unless 
specifically approved by the Commission. No person shall 
be appointed to or hold any such office or position who holds 
any official relation to any person, association, or 
corporation engaged in or conducting harness racing within 
this State. No Commissioner, racing official, steward, or 
judge whose duty is to insure that the rules and regulations of 
the Commission are complied with shall bet on the outcome 
of any race regulated by the Commission or have any 
financial or pecuniary interest in the outcome of any race 
regulated by the Commission. All employees appointed 
under 3 Del.C. §10007(a-c) shall serve at the pleasure of the 
Commission and are to be paid a reasonable compensation.
3.1.7.2The Commission shall appoint or 
approve the State Steward and judges at each harness race 
meeting. The Commission may appoint such officials on an 
annual basis. In addition to any minimum qualifications 
promulgated by the Commission, all applicants for the 
position of Steward must be certified by a national 
organization approved by the Commission. An applicant for 
the position of steward or race judge must also have been 
previously employed as a steward, patrol judge, clerk of 
scales or other racing official at a harness racing meeting for 
a period of not less than forty-five days during three of the 
last five years, or have at least five years of experience as a 
licensed driver who has also served not less than one year as 
a licensed racing official at a harness racing meeting or have 
ten years of experience as a licensed harness racing trainer 
who has served not less than one year as a licensed racing 
official at a harness racing meeting.
3.1.7.3The Commission may appoint such 
officers, clerks, stenographers, inspectors, racing officials, 
veterinarians, and such other employees as it deems 
necessary, consistent with the purposes of 3 Del.C. Chapter 
100.
3.1.8Appointment of Substitute State Steward/
Judge
Should any State Steward or any judge be 
absent at race time, the State Steward, or, in his/her absence 
the remaining judge(s) shall appoint a deputy for the State 
Steward or judge(s). If a deputy State Steward or judge is 
appointed, the Commission shall be notified immediately by 
the State Steward or remaining judges.
3.2State Steward/Judges
3.2.1General Authority
3.2.1.1The State Steward and judges for each 
meeting shall be responsible to the Commission for the 
conduct of the race meeting in accordance with the laws of 
this jurisdiction and these rules.
3.2.1.2The State Steward and judges shall 
enforce these rules and the racing laws of the State of 
Delaware.
3.2.1.3The State Steward's authority includes 
supervision of all racing officials, licensed personnel, other 
persons responsible for the conduct of racing and patrons, as 
necessary to ensure compliance with these rules.
3.2.1.4The State Steward and Presiding 
Judge shall have authority to resolve conflicts or disputes 
related to racing and to discipline violators in accordance 
with the provisions of these rules.
3.2.1.5The State Steward and judges have 
the authority to interpret the rules and to decide all questions 
of racing not specifically covered by the rules.
3.2.1.6The State Steward shall be a 
representative of the Commission at all race meetings which 
the Commission may direct such State Steward to attend. 
The State Steward shall be the senior officer at such 
meetings and, subject to the control and direction of the 
Commission, shall have general supervision over the racing 
officials, medication program and drug-testing officials, and 
all other employees and appointees of the Commission 
employed at such race meet or meetings. The State Steward 
shall, subject to the general control of the Commission, 
monitor the conduct of the racing and the pari-mutuel 
department, and supervise the testing of horses and drivers. 
The State Steward at all times shall have access to all parts of 
the association grounds, including the racecourse, physical 
plant and grounds. Upon instruction from the Commission, 
the State Steward shall conduct hearings and investigations, 
and report his findings to the Commission. The State 
Steward shall act for the Commission in all matters requiring 
its attention, to receive from all persons having knowledge 
thereof information required by the Commission and to 
perform all other duties for the compliance of the rules and 
regulations of the Commission and the laws of the State of 
Delaware.
3.2.2Period of Authority
The State Steward's and judges' period of 
authority shall commence five (5) business days prior to the 
beginning of each race meeting and shall terminate with 
completion of their official business pertaining to the 
meeting.
3.2.3Disciplinary Action
3.2.3.1The State Steward and judges shall 
take notice of alleged misconduct or rule violations and 
initiate investigations into the matters.

3.2.3.2The State Steward and judges shall 
have authority to charge any licensee for a violation of these 
rules, to conduct hearings and to impose disciplinary action 
in accordance with these rules.
3.2.3.3The State Steward and judges may 
compel the attendance of witnesses and the submission of 
documents or potential evidence related to any investigation 
or hearing.
3.2.3.4The State Steward and judges may at 
any time inspect license documents, registration papers and 
other documents related to racing.
3.2.3.5The State Steward and judges have 
the power to administer oaths and examine witnesses.
3.2.3.6The State Steward and judges may 
consult with the State Veterinarian to determine the nature 
and seriousness of a laboratory finding or an alleged 
medication violation.
3.2.3.7The State Steward and judges may 
impose, but are not limited to, any of the following penalties 
on a licensee for a violation of these rules:
3.2.3.7.1issue a reprimand;
3.2.3.7.2assess a fine;
3.2.3.7.3require forfeiture or 
redistribution of purse or award, when specified by 
applicable rules;
3.2.3.7.4place a licensee on 
probation;
3.2.3.7.5suspend a license or racing 
privileges;
3.2.3.7.6revoke a license;
3.2.3.7.7exclude from grounds under 
the jurisdiction of the Commission; or
3.2.3.7.8any relief deemed 
appropriate.
3.2.3.8The State Steward and judges may 
take any appropriate actions against any horse for a violation 
or attempted violation of these rules.
3.2.3.9The State Steward and judges may 
suspend a license; or they may impose a fine in accordance 
with these Rules for each violation; or they may suspend and 
fine; or they may order that a person be ineligible for 
licensing.
3.2.3.10A State Steward's or judges' ruling 
shall not prevent the Commission from imposing a more or 
less severe penalty. 
3.2.3.11The State Steward or judges may refer 
any matter to the Commission and may include 
recommendations for disposition. The absence of a State 
Steward's or judges' referral shall not preclude Commission 
action in any matter. 
3.2.3.12Purses, prizes, awards, and trophies 
shall be redistributed if the State Steward or judges or 
Commission order a change in the official order of finish.
3.2.3.13All fines imposed by the State 
Steward or judges shall be paid to the Commission within 
ten (10) days after the ruling is issued, unless otherwise 
ordered.
3.2.4Protests, Objections and Complaints
The State Steward or judges shall 
investigate promptly and render a decision in every protest 
made to them. They shall maintain a record of all protests. 
The State Steward or judges shall file daily with the 
Commission a copy of each protest, objection or complaint 
and any related ruling. All protests must be in writing and 
lodged with the State Steward or judges not later than forty-
eight (48) hours after the race in question.
3.2.5Judges' Presence
A board of judges shall be present in the 
judges' stand during the contesting of each race.
3.2.6Order of Finish for Pari-Mutuel Wagering
3.2.6.1The judges shall determine the official 
order of finish for each race in accordance with the rules of 
the race (see Rule 7.0). 
3.2.6.2The decision of the judges as to the 
official order of finish, including the disqualification of a 
horse or horses as a result of any event occurring during the 
contesting of the race, shall be final for purposes of 
distribution of the pari-mutuel wagering pool.
3.2.7Cancel Wagering
The State Steward or judges have the 
authority to cancel wagering and order refunds where 
applicable on an individual betting interest or on an entire 
race and also have the authority to cancel a pari-mutuel pool 
for a race or races, if such action is necessary to protect the 
integrity of pari-mutuel wagering.
3.2.8Steward's List
3.2.8.1The judges shall maintain a Steward's 
List of the horses which are ineligible to be entered in a race.
3.2.8.2A horse that is unfit to race because it 
is dangerous, unmanageable or unable to show a 
performance to qualify for races at the meeting, scratched as 
a result of a high blood gas test, or otherwise unfit to race at 
the meeting may be placed on the Steward's List by the 
Presiding Judge and declarations and/or entries on the horse 
shall be refused. The owner or trainer shall be notified of 
such action and the reason shall be clearly stated. When any 
horse is placed on the Steward's List, the clerk of the course 
shall make a note on the eligibility certificate of such horse, 
showing the date the horse was put on the Steward's List the 
reason and the date of removal if the horse has been 
removed.
3.2.8.3All horses scratched by a veterinarian 
for either lameness or sickness will be put on the Steward's 
List and can not race for seven (7) days from the date of the 
scratched race. Entries will be accepted during this seven (7) 
day period for a race to be contested after the seventh day.
3.2.8.3.1Veterinarians may put a 
horse on the Steward’s List for sickness or lameness for 

more than seven (7) if necessary. In that instance, the horse 
may not race until proscribed number of days has expired. 
Entries will be accepted during this period for a race to be 
contested after the proscribed number of days has expired.
3.2.8.4No Presiding Judge or other official at 
a fair meeting shall have the power to remove from the 
Steward's List and accept as an entry any horse which has 
been placed on a Steward's List and not subsequently 
removed therefrom for the reason that he/she is dangerous or 
an unmanageable horse. Such meetings may refuse 
declarations and/or entries on any horse that has been placed 
on the Steward's List and has not been removed therefrom.
3.2.8.5No horse shall be admitted to any 
racetrack facilities in this jurisdiction without having had a 
negative official test for equine infectious anemia within 
twelve (12) months.
3.2.8.6The judges may put any horse on the 
Steward's List for performance when such horse shows a 
reversal of form or does not race near its own capabilities. 
Such horse shall qualify in a time comparable to its known 
capabilities from one to three times, at the discretion of the 
judges, before being allowed to start.
3.2.8.7Any horse put on the Steward's List as 
unmanageable or dangerous must qualify in a satisfactory 
manner for the judges at least two times.
3.2.8.8The judges may put any horse on the 
Steward's List for being noncompetitive or unfit to race at 
the meeting.
3.2.8.9The judges may place a horse on the 
Steward's List when there exists a question as to the exact 
identification, ownership or management of said horse.
3.2.8.10A horse which has been placed on the 
Steward's List because of questions as to the exact 
identification or ownership of said horse, may be removed 
from the Steward's List when, in the opinion of the judges, 
proof of exact identification and/or ownership has been 
established.
3.2.8.11A horse may not be released from the 
Steward's List without the permission of the judges.
3.2.9List of Nerved Horses
The judges shall maintain a list of nerved 
horses which are on association grounds and shall make the 
list available for inspection by other licensees participating 
in the race meeting.
3.3Racing Secretary
3.3.1General Authority
The racing secretary is responsible for 
setting the conditions for each race of the race meeting, 
regulating the nomination of entries and determining the 
amounts of purses and to whom they are due. The racing 
secretary shall check and verify the eligibility of all horses 
entered.
3.3.2Eligibility Certificates
The racing secretary is responsible for 
receiving and safeguarding the eligibility certificates of all 
horses competing at the track or stabled on association 
grounds.
3.3.3Race Information
The racing secretary shall be familiar with 
the age, class and competitive ability of all horses racing at 
the meeting.
3.3.4 Classifications
The racing secretary shall classify horses 
in accordance with these rules and list horses in the 
categories in which they qualify.
3.3.5Listing of Horses
The racing secretary shall:
3.3.5.1examine all entry forms and 
declarations to verify information as set forth therein; and
3.3.5.2select the horses to start and the also 
eligible horses from the declarations in accordance with 
these rules.
3.3.5.3provide the listing of horses in the 
daily program.
3.3.6Nominations and Declarations
The racing secretary shall examine 
nominations and declarations and early closing events, late 
closing events and stakes events to verify the eligibility of all 
declarations and nominations and compile lists thereof for 
publication.
3.3.7Conditions
The racing secretary shall establish the 
conditions and eligibility for entering races and cause them 
to be published to owners, trainers and the Commission and 
be posted in the racing secretary's office.
3.3.8Posting of Entries
Upon completion of the draw each day, the 
racing secretary shall post a list of entries in a conspicuous 
location in his/her office and make the list available to the 
media.
3.3.9Stakes and Entrance Money Records
The racing secretary shall be caretaker of 
the permanent records of all stakes and shall verify that all 
entrance monies due are paid not later than one hour prior to 
post time, regardless of whether the horse actually starts.
3.3.10Winnings
3.3.10.1For the purpose of establishing 
conditions, winnings shall be considered to include all 
monies and prizes won up to the time of the start of a race. 
3.3.10.2Winnings during the year shall be 
calculated by the racing secretary from the preceding 
January 1.
3.3.11Cancellation of a Race
In case of unfavorable weather or other 
unavoidable cause, associations, upon notifying of the State 
Steward may postpone or cancel races. 
3.4Paddock Judge
3.4.1General Authority

Under the direction and supervision of the 
Presiding Judge, the Paddock Judge shall have complete 
charge of all paddock activities, including but not limited to:
3.4.1.1Ensuring that all horses entered in a 
heat or dash are on the racetrack at the time designated by 
the Presiding Judge to be formed in a parade line; that such 
horses are attended by their drivers unless specifically 
excused by the Paddock Judge; that all horses in heat or race 
parade from the paddock upon the track and before the 
grandstand not later than five (5) minutes before Post Time; 
and that drivers not engage in conversation during the post 
parade. A horse failing to parade without being excused by 
the Paddock Judge may be scratched from the race or its 
driver or trainer may be penalized;
3.4.1.2Supervising the Identifier and 
Equipment Checker;
3.4.1.3Supervising the paddock gate 
operators;
3.4.1.4Ensuring that all horses are in the 
paddock at the time prescribed by the Presiding Judge, but in 
any event not less than one hour but not more than two hours 
prior to post time of the race in which the horse is to 
compete. Except for warm-up trips, no horse shall leave the 
paddock until called to the post;
3.4.1.5Maintaining a proper check-in and 
check-out of horses and drivers. No driver, trainer, owner-
trainer or groom once admitted to the paddock or receiving 
barn shall leave the same other than to warm up said horse 
until such race, or races, for which he was admitted is 
contested; provided, however, that in the event of an 
emergency, trainers or grooms may leave the paddock but 
only with the permission of the Paddock Judge, in which 
case the Paddock Judge shall maintain a written record 
thereof, which shall be delivered to the Presiding Judge. No 
person except an owner who has another horse racing in a 
later race, or an official, shall return to the paddock until all 
races of that program have been completed;
3.4.1.6Directing the activities of the paddock 
blacksmith;
3.4.1.7Ensuring that only properly 
authorized persons are permitted in the paddock, to wit:
3.4.1.7.1Owners of horses competing 
on the date of the race and whose horses are in the paddock;
3.4.1.7.2Trainers of horses competing 
on the date of the race and whose horses are in the paddock;
3.4.1.7.3Drivers of horses competing 
on the date of the race and whose horses are in the paddock;
3.4.1.7.4Grooms of horses competing 
on the date of the race and whose horses are in the paddock;
3.4.1.7.5Officials whose duties 
require their presence in the paddock or receiving barn; and
3.4.1.7.6Such other persons as are 
authorized by the Commission; Provided, that no more than 
two members of a registered stable, other than the driver, 
shall be entitled to admission to the paddock on any racing 
day, except by permission of the Presiding or Paddock 
Judge, or written approval by the Commission;
3.4.1.7.7Notifying the Presiding 
Judge of any change in racing equipment or shoes before the 
race;
3.4.1.7.8Inspecting and supervising 
the maintenance of all emergency equipment kept in the 
paddock;
3.4.1.7.9Notifying the judges of the 
reason for any horse returning to the paddock after having 
entered the track for the post parade and before the start of 
the race;
3.4.1.7.10Supervising and maintaining 
the cleanliness of the paddock; and
3.4.1.7.11Supervising the conduct of 
all persons in the paddock.
3.4.2Report to the Presiding Judge
The Paddock Judge shall:
3.4.2.1Immediately notify the Presiding 
Judge of anything that could in any way change, delay or 
otherwise affect the racing program; and
3.4.2.2Report to the Presiding Judge any 
observed cruelty to a horse; and
3.4.2.3Any other violations of these rules.
3.5Horse Identifier & Equipment Checker
3.5.1General Authority
The Horse Identifier & Equipment 
Checker shall be present for each race. The duties of the 
Identifier & Equipment Checker are:
3.5.1.1Maintain a listing of all equipment 
worn, including shoes, and the tatoo or freeze brand number 
for each horse racing at the meeting;
3.5.1.2Each time a horse races, identify the 
horse by checking the lip tatoo or freeze brand; and
3.5.1.3Compare the type and condition of 
equipment actually being used by each horse for each race 
with the approved equipment listed; and
3.5.2Report Violations
The Horse Identifier & Equipment 
Checker shall report to the Paddock Judge immediately any 
discrepancies or faulty equipment discovered by the 
investigations specified in this Rule, which findings are to be 
reported immediately to the Presiding Judge. The Presiding 
Judge's ruling in these matters is final.
3.6Clerk of the Course
3.6.1General Authority
The clerk of the course shall be 
responsible for keeping and verifying the judges' book and 
eligibility certificates provided by the U.S.T.A./C.T.A. and 
recording therein all required information and:
3.6.1.1names and addresses of owners;
3.6.1.2the standard symbols for medications, 
where applicable;

3.6.1.3notations of placings, 
disqualifications and claimed horses;
3.6.1.4notations of scratched or ruled out 
horses;
3.6.1.5returning the eligibility certificate to 
the horse's owner or the owner's representative after the race, 
when requested;
3.6.1.6notifying owners and drivers of 
penalties assessed by the officials;
3.6.1.7assisting in drawing post positions, if 
requested; and 
3.6.1.8maintaining the Steward's List.
3.7Official Starter
3.7.1General Authority
3.7.1.1The starter is responsible to provide a 
fair start for each race.
3.7.1.2The starter shall be an employee or 
contractor of the association.
3.7.1.3An assistant starter may be employed 
or contracted if deemed necessary by the association.
3.7.1.4The starter shall ensure that the 
starter, the starter's assistant(s) and driver are cognizant of 
and capable of performing all required emergency 
procedures.
3.7.2Report Violations
The official starter shall report violations 
of these rules occurring at the start of a race to the judges.
3.7.3Disciplinary Action
The official starter shall have authority to 
assess fines and to suspend the license of drivers for any 
violation of these rules from the formation of the parade until 
the word "Go" is given.
3.7.4Starter's List
The official starter or the starter's assistant 
shall school horses as may be necessary and shall prepare a 
list of horses not qualified to start, which shall be delivered 
to the judges and entered on the Steward's List. The 
Steward's List shall be posted in the racing secretary's office 
with the list of horses not qualified to start.
3.8Official Charter
3.8.1General Authority
The official charter is responsible for 
providing a complete and accurate chart of each race. An 
accurate chart shall include the following:
3.8.1.1horse's name;
3.8.1.2driver's name;
3.8.1.3date and place of the race;
3.8.1.4track size, if other than a half-mile 
track;
3.8.1.5track condition and temperature;
3.8.1.6type of race (trot or pace);
3.8.1.7classification of race;
3.8.1.8distance;
3.8.1.9fractional times of the leading horse, 
including the race time;
3.8.1.10post position, position at the 1/
4-mile, the 1/2-mile and the 3/4-mile poles and at the head of 
the stretch with lengths behind the leader and finish position 
with lengths behind the winner;
3.8.1.11official order of finish;
3.8.1.12individual time of each horse;
3.8.1.13closing dollar odds (with favorite 
designated by an asterisk);
3.8.1.14the standard symbols for breaks, 
park outs free legged pacers, and hobbled trotters where 
applicable;
3.8.1.15the standard symbols for 
medications, where applicable;
3.8.1.16in claiming races, the price for 
which the horse is entered to be claimed less allowances for 
age and sex;
3.8.1.17names of the horses placed first, 
second and third by the State Steward and judges; and
3.8.1.18notations of placings, 
disqualifications and claimed horses.
3.9Official Timer
3.9.1General Authority
The official timer shall accurately record 
the time elapsed between the start and finish of each race.
3.9.2Timing Procedure
The time shall be recorded from the instant 
that the first horse leaves the point from which the distance is 
measured until the first horse reaches the finish line.
3.9.3Timing Races
3.9.3.1In every race, the time of each heat 
shall be accurately recorded by two timers or an approved 
electrical timing device, in which case, there shall be one 
timer.
3.9.3.2Times of heats shall be recorded in 
minutes, seconds and fifths of a second.
3.9.3.3Immediately following each heat, the 
elapsed time of the heat shall be publicly announced and/or 
posted on the totalisator board.
3.9.3.4No unofficial timing shall be 
announced, posted or entered into the official record.
3.9.4Error in Reported Time
3.9.4.1In circumstances involving an error in 
timing, no time shall be announced, posted or recorded for 
that heat.
3.9.4.2In any case of alleged error regarding 
a horse's official time, the time in question shall not be 
changed to favor the horse or its owner, except upon the 
sworn statement of the judges and official timers who 
officiated in the race.
3.10Photo Finish Technician
3.11Patrol Judge
3.11.1General Authority
The Patrol Judge(s), when utilized, is 

responsible for observing the race and reporting information 
concerning the race to the judges. If the track's video replay 
system is deemed adequate by the Commission, use of patrol 
judges is optional.
3.12Program Director
3.12.1General Authority 
The program director is responsible for 
furnishing the public complete and accurate past 
performance information.
3.13State Commission Veterinarian
3.13.1General Authority
The State Commission Veterinarian shall:
3.13.1.1be appointed by the Commission;
3.13.1.2be a graduate veterinarian and be 
licensed to practice in the State of Delaware;
3.13.1.3recommend to the judges any 
horse deemed unsafe to be raced, or a horse that it would be 
inhumane to allow to race;
3.13.1.4place horses on the Veterinarian's 
List, when necessary, and remove horses from the 
Veterinarian's List;
3.13.1.5place horses on the Bleeder List 
and remove horses from the Bleeder List;
3.13.1.6maintain a continuing health and 
racing soundness record of each horse given a racing 
soundness inspection;
3.13.1.7supervise the taking of all 
specimens for testing according to procedures approved by 
the Commission;
3.13.1.8provide proper safeguards in the 
handling of all laboratory specimens to prevent tampering, 
confusion or contamination;
3.13.1.9report to the Commission the 
names of all horses humanely destroyed or which otherwise 
expire at the meeting and the reasons therefore;
3.13.1.10maintain all required records of 
postmortem examinations performed on horses which have 
died on association grounds;
3.13.1.11refrain from directly treating or 
prescribing for any horse scheduled to participate during his/
her term of appointment at any recognized meeting except in 
cases of emergency, accident or injury;
3.13.1.12refuse employment or payment, 
directly or indirectly, from any owner or trainer of a horse 
racing or intending to race in this jurisdiction while 
employed as the official veterinarian for the Commission;
3.13.1.13review and make 
recommendations regarding Commission license 
applications of practicing veterinarians;
3.13.1.14cooperate with practicing 
veterinarians and other regulatory agencies to take measures 
to control communicable and/or reportable equine diseases;
3.13.1.15periodically review all horse 
papers under the jurisdiction of the Commission to ensure 
that all required test and health certificates are current and 
properly filed in accordance with these rules; and
3.13.1.16be authorized to humanely 
destroy any horse deemed to be so seriously injured that it is 
in the best interests of the horse to so act.
3.13.2Racing Responsibilities
With respect to the conduct of each race, 
and each race meeting authorized by the Commission, the 
State Commission Veterinarian shall:
3.13.2.1be available to the racing 
secretary and/or State Steward or Presiding Judge prior to 
scratch time each racing day at a time designated by the State 
Steward or Presiding Judge, to inspect any horses and report 
on their condition as may be requested by the State Steward 
or by the judges;
3.13.2.2inspect any horse when there is a 
question as to the physical condition of such horse;
3.13.2.3recommend scratching a horse to 
the judges if, in the opinion of the State CommissionVeterinarian, the horse is physically incapable of exerting its 
best effort to win;
3.13.2.4inspect any horse which appears 
in physical distress during the race or at the finish of the 
race; and shall report such horse together with his/her 
opinion as to the cause of the distress to the judges;
3.13.2.5refrain from directly treating or 
prescribing for any horse scheduled to participate during his/
her term of appointment at any recognized meeting except in 
cases of emergency, accident or injury;
3.13.2.6refuse employment or payment, 
directly or indirectly, from any owner or trainer of a horse 
racing or intending to race in the State of Delaware while 
employed as the State Veterinarian;
3.13.2.7conduct soundness inspections on 
horses participating in races at the meeting;
3.13.2.8place horses on or remove them 
from the State Commission Veterinarian's List.
3.13.3State Commission Veterinarian's List
The State Commission Veterinarian shall 
maintain a list of all horses which he or she has determined 
to be unfit to compete in a race due to physical distress, 
unsoundness, infirmity or medical condition.
3.14Lasix Bleeder Medication Veterinarian
3.14.1General Authority
The Lasix Bleeder Medicationveterinarian shall:
3.14.1.1Be subject to the supervision of 
the State Veterinarian;
3.14.1.2Be a graduate veterinarian and be 
licensed to practice in the State of Delaware;
3.14.1.3Report to the State Lasix stall at 
least one- half hour before the first Lasix horse is due for 
Lasix injection (i.e., four and one-half hours before post 
time);

3.14.1.4Record the name of the horse and 
the time that the Lasix is administered, and denote "IV" or 
"IM", as appropriate;
3.14.1.5Report to the Paddock Judge any 
horse that fails to show, or is late to the State Lasix stall;
3.14.1.6Administer Lasix Furosemide 
(Salix) to each horse on the Bleeder list, and administer 
Aminiocaproic Acid in accordance with Rule 8.3.6 8.3.5 of 
these Rules;
3.14.1.7Collect fees for each injection at 
the time of administration; credit shall not be given at any 
time;
3.14.1.8Turn in the list of horses and 
times of administration to the Paddock Judge prior to leaving 
each race day; and
3.14.1.9Report any unusual findings to 
the Paddock Judge without delay.
3.14.2Bleeder List
The Lasix Bleeder Medication Lasix 
veterinarian cannot place horses on the Bleeder List; the 
State Commission Veterinarian is the only person authorized 
to place horses on the Bleeder List.
3.15Investigator
3.15.1The Commission may appoint a racing 
inspector or investigator for each harness racing meet. Such 
racing inspector shall perform all duties prescribed by the 
Commission consistent with the purposes of this chapter. 
Such racing inspector shall have full and free access to the 
books, records, and papers pertaining to the pari-mutuel 
system of wagering and to the enclosure or space where the 
pari-mutuel system is conducted at any harness racing 
meeting to which he shall be assigned for the purpose of 
ascertaining whether the holder of such permit is operating 
in compliance with the Commission’s rules and regulations. 
The racing inspector shall investigate whether such rules and 
regulations promulgated by the commission are being 
violated at such harness race track or enclosure by any 
licensee, patron, or other person. Upon discovering any such 
violation, the racing inspector shall immediately report his or 
her findings in writing and under oath to the Commission or 
its designee as it may deem fitting and proper. The racing 
inspector shall devote his full time to the duties of his office 
and shall not hold any other position or employment, except 
for performance of similar duties for the Thoroughbred 
Racing Commission. 
3.15.2Subject to the approval of the 
Commission, and under the direction of the Administrator of 
Racing, the Investigator may be delegated one or more of the 
following responsibilities:
3.15.2.1Supervising the licensing 
function of the Commission, including performing 
background checks and fingerprinting applicants for 
licensure, and facilitating the Commission’s participation in 
a uniform, multi-jurisdictional, reciprocal licensing scheme;
3.15.2.2Consulting with track security 
and with law enforcement agencies both within and outside 
of Delaware;
3.15.2.3Supervising the human and 
equine drug-testing programs provided for in these Rules;
3.15.2.4Conducting vehicle and stall 
searches;
3.15.2.5Intelligence gathering and 
dissemination;
3.15.2.6Responding to patron complaints 
regarding the integrity of racing; and
3.15.2.7Where appropriate, presenting 
complaints to the Commission for disposition, including 
complaints seeking disciplinary action against licensees of 
the Commission.
3.16Administrator of Racing
The Commission may employ an 
Administrator of Racing who shall perform all duties 
prescribed by the Commission consistent with the purposes 
of this rule. The Administrator of Racing shall devote his 
full time to the duties of the office and shall not hold any 
other office or employment, except that he can perform the 
same duties as Administrator of Racing for the 
Thoroughbred Racing Commission. The Administrator of 
Racing shall be the representative for the Commission at all 
meetings of the Commission and shall keep a complete 
record of its proceedings and preserve, at its general office, 
all books, maps, documents, and papers entrusted to its care. 
He shall be the executive officer of the Commission and 
shall be responsible for keeping all Commission records and 
carrying out the rules and orders of the Commission. The 
Commission may appoint the Administrator of Racing to act 
as a hearing officer to hear appeals from administrative 
decisions of the steward or racing judges.
3.17Any Other Person Designated by the 
Commission
The Commission may create additional racing 
official positions, as needed. Persons selected for these 
positions shall be considered racing officials and shall be 
subject to the general eligibility requirements outlined in 
Rule 3.1.1 of this chapter.
See 1 DE Reg. 504 (11/01/97))
See 2 DE Reg. 1240 (01/01/99)
See 2 DE Reg. 1764 (04/01/99)
See 4 DE Reg 336 (8/1/00)
See 5 DE Reg. 832 (10/1/01)
6.0Types of Races
6.1Types of Races Permitted
In presenting a program of racing, the racing 
secretary shall use exclusively the following types of races:
6.1.1Overnight events which include:
6.1.1.1Conditioned races;
6.1.1.2Claiming races;

6.1.1.3Preferred, invitational, handicap, open 
or free-for-all races;
6.1.1.4Schooling races; and
6.1.1.5Matinee races
6.1.2Added money events which include:
6.1.2.1Stakes;
6.1.2.2Futurities;
6.1.2.3Early closing events; and
6.1.2.4Late closing events
6.1.3Match races
6.1.4Qualifying Races (See Rule 7.0 --"Rules 
of the Race")
6.1.5Delaware-owned or bred races as specified 
in 3 Del. C.§10032
6.2Overnight Events
6.2.1General Provisions
6.2.1.1For the purpose of this rule, overnight 
events shall include conditioned, claiming, preferred, 
invitational, handicap, open, free-for-all, schooling or 
matinee races or a combination thereof.
6.2.1.2At extended meetings, condition 
sheets must be available to participants at least 18 hours 
prior to closing declarations to any race program contained 
therein. At other meetings, conditions must be posted and 
available to participants at least 18 hours prior to closing 
declarations.
6.2.1.3A fair and reasonable racing 
opportunity shall be afforded both trotters and pacers in 
reasonable proportion from those available and qualified to 
race.
6.2.1.4Substitute races may be provided for 
each race program and shall be so designated in condition 
books sheets. A substitute race may be used when a regularly 
scheduled race fails to fill.
6.2.1.5Regularly scheduled races or 
substitute races may be divided where necessary to fill a 
program of racing, or may be divided and carried over to a 
subsequent racing program, subject to the following:
6.2.1.5.1No such divisions shall be 
used in the place of regularly scheduled races which fill.
6.2.1.5.2Where races are divided in 
order to fill a program, starters for each division must be 
determined by lot after preference has been applied, unless 
the conditions provide for divisions based upon age, 
performance, earnings or sex may be determined by the 
racing secretary.
6.2.1.5.3However, where necessary to 
fill a card, not more than three races per day may be divided 
into not more than three divisions after preference has been 
applied. The divisions may be selected by the racing 
secretary. For all other overnight races that are divided, the 
division must be by lot unless the conditions provide for a 
division based on performance, earnings or sex.
6.2.2Conditions
6.2.2.1Conditions may be based only on:
6.2.2.1.1horses' money winnings in a 
specified number of previous races or during a specified 
previous time;
6.2.2.1.2horses' finishing positions in 
a specified number of previous races or during a specified 
period of time;
6.2.2.1.3age, provided that no horse 
that is 15 years of age or older shall be eligible to perform in 
any race except in a matinee race;
6.2.2.1.4sex;
6.2.2.1.5number of starts during a 
specified period of time;
6.2.2.1.6special qualifications for 
foreign horses that do not have a representative number of 
starts in the United States or Canada;
6.2.2.1.7the exclusion of schooling 
races; or
6.2.2.1.8Delaware-owned or bred 
races as specified in 3 Del. C. §10032; or
6.2.2.1.9any one or more 
combinations of the qualifications herein listed.
6.2.2.2Conditions shall not be written in such 
a way that any horse is deprived of an opportunity to race in 
a normal preference cycle. Where the word preference is 
used in a condition, it shall not supersede date preference as 
provided in the rules. Not more than three also eligible 
conditions shall be used in writing the conditions for 
overnight events.
6.2.2.3The Commission may, upon 
application from the racing secretary, approve conditions 
other than those listed above for special events.
6.2.2.4In the event there are conflicting 
published conditions and neither one nor the other is 
withdrawn by the association, the one more favorable to the 
declarer shall govern.
6.2.2.5For the purpose of eligibility, a racing 
season or racing year shall be the calendar year. All races 
based on winnings will be programmed as Non-Winners of a 
multiple of $100 plus $1 or Winners over a multiple of $100. 
Additional conditions may be added. When recording 
winnings, gross winnings shall be used and cents shall be 
disregarded. In the case of a bonus, the present value of the 
bonus shall be credited to the horse as earnings for the race 
or series of races for which it received the bonus. It shall be 
the responsibility of the organization offering the bonus to 
report the present value of the bonus to the United States 
Trotting Association in a timely manner.
6.2.2.6Records, time bars shall not be used 
as a condition of eligibility.
6.2.2.7Horses must be eligible when 
declarations close subject to the provision that:
6.2.2.7.1Wins and winnings on or 
after the closing date of declarations shall not be considered;

6.2.2.7.2Age allowances shall be 
given according to the age of the horse on the date the race is 
contested.
6.2.2.7.3In mixed races, trotting and 
pacing, a horse must be eligible under the conditions for the 
gait at which it is stated in the declaration the horse will 
perform.
6.2.2.8When conditions refer to previous 
performances, those performances shall only include those 
in a purse race. Each dash or heat shall be considered as a 
separate performance for the purpose of condition races.
6.2.2.9In overnight events, on a half mile 
racetrack there shall be no trailing horses. On a bigger 
racetrack there shall be no more than one trailing horse. At 
least eight feet per horse must be provided the starters in the 
front tier.
6.2.2.10The racing secretary may reject 
the declaration to an overnight event of any horse whose past 
performance indicates that it would be below the competitive 
level of other horses declared to that particular event.
6.3Claiming Races
6.3.1General Provisions
6.3.1.1Claiming Procedure and 
Determination of Claiming Price. -- The trainer or 
authorized agent entering a horse in a claiming race warrants 
that he/she has authorization from the registered owner(s) to 
enter said horse in a claiming race for the designated 
amount. In the event of a claim, the owner(s) or authorized 
agent shall submit a signed registration to the State Steward 
or Presiding Judge prior to receiving proceeds from the 
claim and the registration shall be immediately forwarded to 
the U.S.T.A. registrar for transfer.
6.3.1.2Except for the lowest claiming price 
offered at each meeting, conditions and allowances in 
claiming races may be based only on age and sex. Whenever 
possible, claiming races shall be written to separate horses 
five years old and up from young horses and to separate 
males from females. If sexes are mixed, mares shall be 
given a price allowance; provided, however, that there shall 
be no price allowance given to a spayed mare racing in a 
claiming race.
6.3.1.3Registration certificate in current 
ownership, together with the application for transfer thereon 
duly endorsed by all registered owners, must be filed in the 
office of the racing secretary for all horses claimed within a 
reasonable time after the race from which the horse was 
claimed.
6.3.1.4The price allowances that govern for 
claiming races must be approved by the Commission. 
Claiming prices recorded on past performance lines in the 
daily race program and on eligibility certificates shall not 
include allowances.
6.3.1.5The claiming price, including any 
allowances, of each horse shall be printed on the official 
program adjacent to the horse's program number and claims 
shall be for the amount designated, subject to correction if 
printed in error.
6.3.1.6In handicap claiming races, in the 
event of an also eligible horse moving into the race, the also 
eligible horse shall take the place of the horse that it replaces 
provided that the handicap is the same. In the event the 
handicap is different, the also eligible horse shall take the 
position on the outside of horses with a similar handicap, 
except when the horse that is scratched is a trailing horse, in 
which case the also eligible horse shall take the trailing 
position, regardless of its handicap. In handicap claiming 
races with one trailer, the trailer shall be determined as the 
fourth best post position.
6.3.1.7To be eligible to be claimed a horse 
must start in the event in which it has been declared to race, 
except as provided in 6.3.1.8 of this subsection.
6.3.1.8The successful claimant of a horse 
programmed to start may, at his option, acquire ownership of 
a claimed horse, even though such claimed horse was 
scratched and did not start in the claiming race from which it 
was scratched. The successful claimant must exercise his/
her option by 9:00 a.m. of the next day following the 
claiming race to which the horse was programmed and 
scratched. Upon notification that the successful claimant has 
exercised his/her option, the owner shall present the horse 
for inspection, and the claim shall not be final until the 
successful claimant has had the opportunity to inspect the 
horse. No horse may be claimed from a claiming race unless 
the race is contested. 
6.3.1.9Any licensed owner or the authorized 
agent of such person who holds a current valid Commission 
license may claim any horse or any person who has properly 
applied for and been granted a claiming certificate shall be 
permitted to claim any horse. Any person or authorized 
agent eligible to claim a horse shall be allowed access to the 
grounds of the association, excluding the paddock, in order 
to effect a claim at the designated place of making claims 
and to take possession of the horse claimed.
6.3.1.10Claiming certificates are valid on 
day of issue and expire at the end of the race meeting for 
which it was granted. These certificates may be applied for 
at the office designated by the association prior to post time 
on any day of racing.
6.3.1.11There shall be no change of 
ownership or trainer once a horse is programmed.
6.3.2Prohibitions on Claims
6.3.2.1A person shall not claim directly or 
indirectly his/her own horse or a horse trained or driven by 
him/her or cause such horse to be claimed directly or 
indirectly for his/her own account.
6.3.2.2A person shall not directly or 
indirectly offer, or directly or indirectly enter into an 
agreement, to claim or not to claim or directly or indirectly 

attempt to prevent another person from claiming any horse in 
a claiming race.
6.3.2.3A person shall not have more than one 
claim on any one horse in any claiming race.
6.3.2.4A person shall not directly or 
indirectly conspire to protect a horse from being claimed by 
arranging another person to lodge claims, a procedure 
known as protection claims.
6.3.2.5No qualified owner or his agent shall 
claim a horse for another person.
6.3.2.6No person shall enter in a claiming 
race a horse against which there is a mortgage, bill or sale, or 
lien of any kind, unless the written consent of the holder 
thereof shall be filed with the Clerk of the Course of the 
association conducting such claiming race.
6.3.2.7Any mare which has been bred shall 
not be declared into a claiming race for at least 30 days 
following the last breeding of the mare, and thereafter such a 
mare may only be declared into a claiming race after a 
veterinarian has pronounced the mare not to be in foal. Any 
mare pronounced in foal shall not be declared into a claiming 
race. Where a mare is claimed out of a claiming race and 
subsequently proves to be in foal from a breeding which 
occurred prior to the race from which she was claimed, the 
claim may be voided by the judges at the option of the 
successful claimant provided the mare is subjected to a 
pregnancy examination within 18 days of the date of the 
claim, and is found pregnant as a result of that pregnancy 
examination. A successful claimant seeking to void the 
claim must file a petition to void said claim with the judges 
within 10 days after this pregnancy examination and shall 
thereafter be heard by the judges after due notice of the 
hearing to the parties concerned.
6.3.2.8 No person shall claim more than one 
horse in a race either alone, in a partnership, corporation or 
other legal entity.
6.3.2.9 If a horse is claimed, no right, title or 
interest therein shall be sold or transferred except in a 
claiming race for a period of thirty (30) days following the 
date of the claiming.
6.3.3Claiming Procedure
6.3.3.1A person desiring to claim a horse 
must have the required amount of money, in the form of cash 
or certified check, on deposit with the association at the time 
the completed claim form is deposited. Such deposit also 
may be made by wire transfer prior to 2:00 p.m. on the day 
of the claiming race.
6.3.3.2The claimant shall provide all 
information required on the claim form provided by the 
association.
6.3.3.3The claim form shall be completed 
and signed by the claimant prior to placing it in an envelope 
provided for this purpose by the association and approved by 
the Commission. The claimant shall seal the envelope and 
identify on the outside the date, time of day, race number and 
track name only.
6.3.3.4The envelope shall be delivered to the 
designated area, or licensed delegate, at least fifteen (15) 
minutes before post time of the race from which the claim is 
being made. That person shall certify on the outside of the 
envelope the time it was received, the current license status 
of the claimant and whether credit in the required amount 
has been established.
6.3.3.5It shall be the responsibility of the 
association to ensure that all such claim envelopes are 
delivered unopened or otherwise undisturbed to the judges 
prior to the race from which the claim is being made. The 
association shall provide for an agent who shall, 
immediately after closing, deliver the claim to the judges' 
stand.
6.3.3.6The claim shall be opened and the 
claims, if any, examined by the judges prior to the start of the 
race. The association's auditor, or his/her agent, shall be 
prepared to state whether the claimant has on deposit, the 
amount equivalent to the specified claiming price and any 
other required fees and taxes.
6.3.3.7The judges shall disallow any claim 
made on a form or in a manner which fails to comply with all 
requirements of this rule.
6.3.3.8Documentation supporting all claims 
for horses, whether successful or unsuccessful, shall include 
details of the method of payment either by way of a 
photostatic copy of the check presented, or written detailed 
information to include the name of the claimant, the bank, 
branch, account number and drawer of any checks or details 
of any other method of payment. This documentation is to be 
kept on file at race tracks for three (3) years and is to be 
produced to the Commission for inspection at any time 
during the period.
6.3.3.9When a claim has been lodged it is 
irrevocable, unless otherwise provided for in these rules.
6.3.3.10In the event more than one claim is 
submitted for the same horse, the successful claimant shall 
be determined by lot by the judges, and all unsuccessful 
claims involved in the decision by lot shall, at that time, 
become null and void, notwithstanding any future 
disposition of such claim.
6.3.3.11Upon determining that a claim is 
valid, the judges shall notify the paddock judge of the name 
of the horse claimed, the name of the claimant and the name 
of the person to whom the horse is to be delivered. Also, the 
judges shall cause a public announcement to be made.
6.3.3.12Every horse entered in a claiming 
race shall race for the account of the owner who declared it 
in the event, but title to a claimed horse shall be vested in the 
successful claimant from the time the horse is deemed to 
have started, and the successful claimant shall become the 
owner of the horse, whether it be alive or dead, or sound or 

unsound, or injured during or after the race. If a horse is 
claimed out of a heat or dash of an event having multiple 
heats or dashes, the judges shall scratch the horse from any 
subsequent heat or dash of the event.
6.3.3.13A post-race urinalysis test may be 
taken from any horse claimed out of a claiming race. The 
trainer of the horse at the time of entry for the race from 
which the horse was claimed shall be responsible for the 
claimed horse until the post-race urine sample is collected. 
Any claimed horse not otherwise selected for testing by the 
State Steward or judges shall be tested if requested by the 
claimant at the time the claim form is submitted in 
accordance with these rules. The successful claimant shall 
have the right to void the claim should the forensic analysis 
be positive for any prohibited substance or an illegal level of 
a permitted medication, or if a blood sample exhibits a 
positive response to the erythropoietin (EPO) antibody test.
The horse's halter must accompany the horse. Altering or 
removing the horse's shoes will be considered a violation, 
and, until the Commission chemist issues a report on his 
forensic analysis of the samples taken from the horse, the 
claimed horse shall not be permitted to be entered to race.
6.3.3.14Any person who refuses to 
deliver a horse legally claimed out of a claiming race shall be 
suspended, together with the horse, until delivery is made.
6.3.3.15A claimed horse shall not be 
eligible to start in any race in the name or interest of the 
owner of the horse at the time of entry for the race from 
which the horse was claimed for thirty (30) days, unless 
reclaimed out of another claiming race. Nor shall such horse 
remain in or be returned to the same stable or care or 
management of the first owner or out of another claiming 
race. Further, such horse shall be required to continue to 
race the track where claimed for a period of 60 days or the 
balance of the current racing meet, whichever comes first, 
unless released by the Racing Secretary.
6.3.3.16The claiming price shall be paid 
to the owner of the horse at the time entry for the race from 
which the horse was claimed only when the judges are 
satisfied that the successful claim is valid and the registration 
and eligibility certificates have been received by the racing 
secretary for transfer to the new owner.
6.3.3.17The judges shall rule a claim 
invalid:
6.3.3.17.1at the option of the claimant 
if the official racing chemist reports a positive test on a horse 
that was claimed, provided such option is exercised within 
48 hours following notification to the claimant of the 
positive test by the judges;
6.3.3.17.2if the horse has been found 
ineligible to the event from which it was claimed, regardless 
of the position of the claimant.
6.3.3.18Mares and fillies who are in foal 
are ineligible to claiming races. Upon receipt of the horse, if 
a claimant determines within 48 hours that a claimed filly or 
mare is in foal, he/she may, at their option, return the horse 
to the owner of the horse at the time of entry for the race 
from which the horse was claimed.
6.3.3.19When the judges rule that a claim 
is invalid and the horse is returned to the owner of the horse 
at the time of entry for the race in which the invalid claim 
was made:
6.3.3.19.1the amount of the claiming 
price and any other required fees and/or taxes shall be repaid 
to the claimant;
6.3.3.19.2any purse monies earned 
subsequent to the date of the claim and before the date on 
which the claim is ruled invalid shall be the property of the 
claimant; and
6.3.3.19.3the claimant shall be 
responsible for any reasonable costs incurred through the 
care, training or racing of the horse while it was in his/her 
possession.
6.4Added Money Events
6.4.1General Provisions
6.4.1.1For the purpose of this rule, added 
money events include stakes, futurities, early closing events 
and late closing events.
6.4.1.2All sponsors and presenters of added 
money events must comply with the rules and must submit to 
the Commission the conditions and other information 
pertaining to such events.
6.4.1.3Any conditions contrary to the 
provisions of any of these rules are prohibited.
6.4.2Conditions
Conditions for added money events must 
specify:
6.4.2.1which horses are eligible to be 
nominated;
6.4.2.2the amount to be added to the purse by 
the sponsor or presenter, should the amount be known at the 
time;
6.4.2.3the dates and amounts of nomination, 
sustaining and starting payments;
6.4.2.4whether the event will be raced in 
divisions or conducted in elimination heats, and;
6.4.2.5the distribution of the purse, in 
percent, to the money winners in each heat or dash, and the 
distribution should the number of starters be less than the 
number of premiums advertised; and
6.4.2.6whether also eligible horses may be 
carded prior to the running heats or legs of added money 
events.
6.4.3Requirements of Sponsors/Presenters
6.4.3.1Sponsors or presenters of stakes, 
futurities or early closing events shall provide a list of 
nominations to each nominator or owner and to the 
associations concerned within sixty (60) days after the date 

on which nominations close, other than for nominations 
payable prior to January 1st of a horse's two-year-old year.
6.4.3.2In the case of nominations for 
futurities payable during the foaling year, such lists must be 
forwarded out prior to October 15th of that year and, in the 
case of nominations payable in the yearling year, such lists 
must be forwarded out not later than September 1 of that 
year.
6.4.3.3Sponsors or presenters of stakes, 
futurities or early closing events shall also provide a list of 
horses remaining eligible to each owner of an eligible within 
45 days after the date on which sustaining payments are 
payable. All lists shall include a resume of the current 
financial status of the event.
6.4.3.4The Commission may require the 
sponsor or presenter to file with the Commission a surety 
bond in the amount of the fund to ensure faithful 
performance of the conditions, including a guarantee that the 
event will be raced as advertised and all funds will be 
segregated and all premiums paid. Commission consent 
must be obtained to transfer or change the date of the event, 
or to alter the conditions. In any instance where a sponsor or 
presenter furnishes the Commission with substantial 
evidence of financial responsibility satisfactory to the 
Commission, such evidence may be accepted in lieu of a 
surety bond.
6.4.4Nominations, Fees and Purses
6.4.4.1All nominations to added money 
events must be made in accordance with the conditions.
6.4.4.2Dates for added money event 
nominations payments are:
6.4.4.2.1Stakes: The date for closing 
of nominations on yearlings shall be May 15th. The date 
foreclosing of nominations to all other stakes shall fall on the 
fifteenth day of a month.
6.4.4.2.2Futurity: The date for closing 
of nominations shall be July 15th of the year of foaling.
6.4.4.2.3Early Closing Events: The 
date for closing of nominations shall fall on the first or 
fifteenth day of a month. Nominations on two-year-olds 
shall not be taken prior to February 15th.
6.4.4.2.4Late Closing Events: The 
date for closing of nominations shall be at the discretion of 
the sponsor or presenter.
6.4.4.3Dates for added money event 
sustaining payments are:
6.4.4.3.1Stakes and Futurities: 
Sustaining payments shall fall on the fifteenth day of a 
month. No stake or futurity sustaining fee shall become due 
prior to (Month) 15th of the year in which the horses 
nominated become two years of age.
6.4.4.3.2Early and Late Closing 
Events: Sustaining payments shall fall on the first or 
fifteenth day of a month.
6.4.4.4The starting fee shall become due 
when a horse is properly declared to start and shall be 
payable in accordance with the conditions of the added 
money event. Once a horse has been properly declared to 
start, the starting fee shall be forfeited, whether or not the 
horse starts. Should payment not be made thirty (30) minutes 
before the post time of the event, the horse may be scratched 
and the payment shall become a liability of the owner who 
shall, together with the horse or horses, be suspended until 
payment is made in full, providing the association notifies 
the Commission within thirty (30) days after the starting 
date.
6.4.4.5Failure to make any payment required 
by the conditions constitutes an automatic withdrawal from 
the event.
6.4.4.6Conditions that will eliminate horses 
nominated to an event, or add horses that have not been 
nominated to an event by reason of performance of such 
horses at an earlier meeting, are invalid. Early and late 
closing events shall have not more than two also eligible 
conditions.
6.4.4.7The date and place where early and 
late closing events will be raced must be announced before 
nominations are taken. The date and place where stakes and 
futurities will be raced must be announced as soon as 
determined but, in any event, such announcement must be 
made no later than March 30th of the year in which the event 
is to be raced.
6.4.4.8Deductions may not be made from 
nomination, sustaining and starting payments or from the 
advertised purse for clerical or any other expenses.
6.4.4.9Every nomination shall constitute an 
agreement by the person making the nomination and the 
horse shall be subject to these rules. All disputes and 
questions arising out of such nomination shall be submitted 
to the Commission, whose decision shall be final.
6.4.4.10Nominations and sustaining 
payments must be received by the sponsor or presenter not 
later than the hour of closing, except those made by mail 
must bear a postmark placed thereon not later than the hour 
of closing. In the event the hour of closing falls on a 
Saturday, Sunday or legal holiday, the hour of closing shall 
be extended to the same hour of the next business day. The 
hour of closing shall be midnight of the due date.
6.4.4.11If conditions require a minimum 
number of nominations and the event does not fill, the 
Commission and each nominator shall be notified within 
twenty (20) days of the closing of nominations and a refund 
of nomination fees shall accompany such notice to 
nominators.
6.4.4.12If conditions for early or late 
closing events allow transfer for change of gait, such transfer 
shall be to the lowest class the horse is eligible to at the 
adopted gait, eligibility to be determined at the time of 

closing nominations. The race to which the transfer may be 
made must be the one nearest the date of the event originally 
nominated to. Two-year-olds, three-year-olds, or 
four-year-olds, nominated in classes for their age, may only 
transfer to classes for the same age group at the adopted gait 
to the race nearest the date of the event they were originally 
nominated to, and entry fees to be adjusted.
6.4.4.13A nominator is required to 
guarantee the identity and eligibility of nominations, and if 
this information is given incorrectly he or she may be fined, 
suspended, or expelled and the horse declared ineligible. If 
any purse money was obtained by an ineligible horse, the 
monies shall be forfeited and redistributed among those 
justly entitled to the same.
6.4.4.14Early or late closing events must 
be contested if six or more betting interests are declared to 
start. If less horses are declared to start than required, the 
race may be declared off, in which case the total of 
nominations, sustaining and starting payments received shall 
be divided equally to the horses declared to start. Such 
distribution shall not be credited as purse winnings.
6.4.4.15Stakes or futurities must be 
contested if one or more horses are declared to start. In the 
event only one horse, or only horses in the same interest 
start, it constitutes a walk-over. In the event no declarations 
are made, the total of nomination and sustaining payments 
shall be divided equally to the horses remaining eligible after 
payment to the last sustaining payment, but such distribution 
shall not be credited as purse winnings.
6.4.4.16Associations shall provide stable 
space for each horse declared on the day before, the day of 
and the day following the race.
6.4.4.17The maximum size of fields 
permitted in any added money event shall be no more than 
one trailer unless otherwise approved by the Commission.
6.4.4.18An association may elect to go 
with less than the number of trailers specified in subdivision 
17 above.
6.4.4.19In the event more horses are 
declared to start than allowed in one field, the race will be 
conducted in divisions or eliminations, as specified in the 
conditions.
6.4.4.20In early closing races, late closing 
races and overnight races requiring entry fees, all monies 
paid in by the nominators in excess of 85 percent of the 
advertised purse shall be added to the advertised purse and 
the total shall then be considered to be the minimum purse. 
If the race is split and raced in divisions, the provisions of 
subdivision 21 below shall apply. Provided further that 
where overnight races are split and raced in eliminations 
rather than divisions, all starting fees payable under the 
provisions of this rule shall be added to the advertised purse.
6.4.4.21Where a race other than a stake or 
futurity is divided, each division must race for at least 75 
percent of the advertised purse.
6.4.4.22In added money events 
conducted in eliminations, starters shall be divided by lot. 
Unless conditions provide otherwise, sixty percent of the 
total purse will be divided equally among the elimination 
heats. The final heat will be contested for 40 percent of the 
total purse. Unless the conditions provide otherwise, all 
elimination heats and the final heat must be raced on the 
same day. If the conditions provide otherwise, elimination 
heats must be contested not more than six days, excluding 
Sundays, prior to the date of the final heat. The winner of the 
final heat shall be the winner of the race.
6.4.4.23The number of horses allowed to 
qualify for the final heat of an event conducted in 
elimination heats shall not exceed the maximum number 
permitted to start in accordance with the rules. In any 
elimination dash where there are horses unable to finish due 
to an accident and there are fewer horses finishing than 
would normally qualify for the final, the additional horses 
qualifying for the final shall be drawn by lot from among 
those unoffending horses not finishing.
6.4.4.24The judges' decisions in arriving 
at the official order of finish of elimination heats on the same 
program shall be final and irrevocable and not subject to 
appeal or protest.
6.4.4.25Unless the conditions for the 
added money event provide otherwise the judges shall draw 
by lot the post positions for the final heat in elimination 
events, i.e. they shall draw positions to determine which of 
the two elimination heat winners shall have the pole, and 
which the second position; which of the two horses that were 
second shall start in the third position, and which in the 
fourth, etc. 
6.4.4.26In a two-in-three race, a horse 
must win two heats to win a race and there shall be 10 
percent set aside for the race winner. Unless conditions state 
otherwise, the purse shall be divided and awarded according 
to the finish in each of the first two or three heats, as the case 
may be. If the number of advertised premiums exceeds the 
number of finishers, the excess premiums shall go to the 
winner of the heat. The fourth heat, when required, shall be 
raced for 10 percent of the purse set aside for the race 
winner. In the event there are three separate heat or dash 
winners and they alone come back in order to determine the 
race winner, they will take post positions according to the 
order of their finish in the previous heat. In a two-year-old 
race, if there are two heat winners and they have made a 
dead heat in the third heat, the race shall be declared finished 
and the one standing best in the summary shall be awarded 
the 10 percent. If the two heat winners make a dead heat and 
stand the same in the summary, the 10 percent shall be 
divided equally among them.
6.5Cancellation of a Race
In case of cancellation of races, see Rule 7.3 

--"Postponement and Cancellation."
6.6Delaware Owned or Bred Races
6.6.1Persons licensed to conduct harness horse 
racing meets under title 3, chapter 100, may offer non-stakes 
races limited to horses wholly owned by Delaware residents 
or sired by Delaware stallions.
6.6.2For purposes of this rule, a Delaware bred 
horse shall be defined as one sired by a Delaware stallion 
who stood in Delaware during the entire breeding season in 
which it sired a Delaware bred horse or a horse whose dam 
was a wholly-owned Delaware mare at the time of breeding 
as shown on the horse's United State Trotting Association 
registration or eligibility papers. The breeding season means 
that period of time beginning February 1 and ending August 
1 of each year.
6.6.3All horses to be entered in Delaware 
owned or bred races must first be registered and approved by 
the Commission or its designee. The Commission may 
establish a date upon which a horse must be wholly-owned 
by a Delaware resident(s) to be eligible to be nominated, 
entered, or raced as Delaware-owned. In the case of a 
corporation seeking to enter a horse in a Delaware-owned or 
bred event as a Delaware-owned entry, all owners, officers, 
shareholders, and directors must meet the requirements for a 
Delaware resident specified below. In the case of an 
association or other entity seeking to enter a horse in a 
Delaware owned or bred event as a Delaware-owned entry, 
all owners must meet the requirements for a Delaware 
resident specified below. Leased horses are ineligible as 
Delaware owned entries unless both the lessor and the lessee 
are Delaware residents as set forth in this Rule and 3 Del.C. 
section 10032.
6.6.4The following actions shall be prohibited 
for Delaware-owned races and such horses shall be deemed 
ineligible to be nominated, entered, or raced as Delaware-
owned horses:
6.6.4.1Payment of the purchase price over 
time beyond the date of registration;
6.6.4.2Payment of the purchase price 
through earnings beyond the date of registration;
6.6.4.3Payment of the purchase price with a 
loan, other than from a commercial lender regulated in 
Delaware and balance due beyond the date of registration;
6.6.4.4Any management fees, agent fees, 
consulting fees, or any other form of compensation to non-
residents of Delaware, except industry standard training and 
driving fees; or
6.6.4.5Leasing a horse to a non-resident of 
Delaware.
6.6.5The Commission or its designee shall 
determine all questions about a person's eligibility to 
participate in Delaware-owned races. In determining 
whether a person is a Delaware Resident, the term "resident" 
shall mean the place where an individual has his or her 
permanent home, at which that person remains when not 
called elsewhere for labor or other special or temporary 
purposes, and to which that person returns in seasons of 
repose. The term "residence" shall mean a place a person 
voluntarily fixed as a permanent habitation with an intent to 
remain in such place for the indefinite future.
6.6.6The Commission or its designee may 
review and subpoena any information which is deemed 
relevant to determine a person's residence, including but not 
limited to, the following:
6.6.6.1Where the person lives and has been 
living;
6.6.6.2The location of the person's sources of 
income;
6.6.6.3The address used by the person for 
payment of taxes, including federal, state and property taxes;
6.6.6.4The state in which the person's 
personal automobiles are registered;
6.6.6.5The state issuing the person's driver's 
license;
6.6.6.6The state in which the person is 
registered to vote;
6.6.6.7Ownership of property in Delaware or 
outside of Delaware;
6.6.6.8The residence used for U.S.T.A. 
membership and U.S.T.A. registration of a horse, whichever 
is applicable;
6.6.6.9The residence claimed by a person on 
a loan application or other similar document;
6.6.6.10Membership in civic, community, 
and other organizations in Delaware and elsewhere.
6.6.6.11None of these factors when 
considered alone shall be dispositive, except that a person 
must have resided in the State of Delaware in the preceding 
calendar year for a minimum of one hundred and eighty 
three (183) days. Consideration of all of these factors 
together, as well as a person's expressed intention, shall be 
considered in arriving at a determination. The burden shall 
be on the applicant to prove Delaware residency and 
eligibility for Delaware-owned or bred races. The 
Commission may promulgate by regulation any other 
relevant requirements necessary to ensure that the licensee is 
a Delaware resident. In the event of disputes about a 
person's eligibility to enter a Delaware-owned or bred race, 
the Commission shall resolve all disputes and that decision 
shall be final.
6.6.7Each owner and trainer, or the authorized 
agent of an owner or trainer, or the nominator (collectively, 
the "entrant"), is required to disclose the true and entire 
ownership of each horse with the Commission or its 
designee, and to disclose any changes in the owners of the 
registered horse to the Commission or its designee. All 
licensees and racing officials shall immediately report any 
questions concerning the ownership status of a horse to the 

Commission racing officials, and the Commission racing 
officials may place such a horse on the steward's or judge's 
list. A horse placed on the steward's or judge's list shall be 
ineligible to start in a race until questions concerning the 
ownership status of the horse are answered to the satisfaction 
of the Commission or the Commission's designee, and the 
horse is removed from the steward or judge's list.
6.6.8If the Commission, or the Commission's 
designee, finds a lack of sufficient evidence of ownership 
status, residency, or other information required for eligibility, 
prior to a race, the Commission or the Commission's 
designee, may order the entrant's horse scratched from the 
race or ineligible to participate.
6.6.9After a race, the Commission or the 
Commission's designee, may upon reasonable suspicion, 
withhold purse money pending an inquiry into ownership 
status, residency, or other information required to determine 
eligibility. If the purse money is ultimately forfeited because 
of a ruling by the Commission or the Commission's 
designee, the purse money shall be redistributed per order of 
the Commission or the Commission's designee.
6.6.10If purse money has been paid prior to 
reasonable suspicion, the Commission or the Commission's 
designee may conduct an inquiry and make a determination 
as to eligibility. If the Commission or the Commission's 
designee determines there has been a violation of ownership 
status, residency, or other information required for eligibility, 
it shall order the purse money returned and redistributed per 
order of the Commission or the Commission's designee.
6.6.11Anyone who willfully provides incorrect 
or untruthful information to the Commission or its designee 
pertaining to the ownership of a Delaware-owned or bred 
horse, or who attempts to enter a horse restricted to 
Delaware-owned entry who is determined not to be a 
Delaware resident, or who commits any other fraudulent act 
in connection with the entry or registration of a Delaware-
owned or bred horse, in addition to other penalties imposed 
by law, shall be subject to mandatory revocation of licensing 
privileges in the State of Delaware for a period to be 
determined by the Commission in its discretion except that 
absent extraordinary circumstances, the Commission shall 
impose a minimum revocation period of two years and a 
minimum fine of $5,000 from the date of the violation of 
these rules or the decision of the Commission, whichever 
occurs later.
6.6.12Any person whose license is suspended or 
revoked under subsection (k) of this rule shall be required to 
apply for reinstatement of licensure and the burden shall be 
on the applicant to demonstrate that his or he licensure will 
not reflect adversely on the honesty and integrity of harness 
racing or interfere with the orderly conduct of a race 
meeting. Any person whose license is reinstated under this 
subsection shall be subject to a two year probationary period, 
and may no participate in any Delaware-owned or bred race 
during this probationary period. Any further violations of 
this section by the licensee during the period of probationary 
licensure shall, absent extraordinary circumstances, result in 
the Commission imposing revocation of all licensure 
privileges for a five year period along with any other penalty 
the Commission deems reasonable and just.
6.6.13Any suspension imposed by the 
Commission under this rule shall not be subject to the stay 
provisions in 29 Del.C. §10144.
See 1 DE Reg. 503 (1/1/97)
See 2 DE Reg.1241 (1/1/99)
See 2 DE Reg. 1765 (4/1/99)
See 3 DE Reg. 432 (9/1/99)
See 3 DE Reg 1520 (5/1/00)
See 4 DE Reg. 1123 (1/1/01)
See 4 DE Reg 1652 (4/1/01)
See 5 DE Reg. 1691 (3/1/02)
See 6 DE Reg. 862 (1/1/03)
8.0Veterinary Practices, Equine Health Medication
8.1General Provisions
The purpose of this Rule is to protect the integrity 
of horse racing, to ensure the health and welfare of race 
horses and to safeguard the interests of the public and the 
participants in racing. 
8.2Veterinary Practices
8.2.1Veterinarians Under Authority of 
Commission Veterinarian
Veterinarians licensed by the Commission 
and practicing at any location under the jurisdiction of the 
Commission are subject to these Rules, which shall be 
enforced under the authority of the Commission Veterinarian 
and the State Steward. Without limiting the authority of the 
State Steward to enforce these Rules, the Commission 
Veterinarian may recommend to the State Steward or the 
Commission the discipline which may be imposed upon a 
veterinarian who violates the rules. 
8.2.2Treatment Restrictions
8.2.2.1Except as otherwise provided by this 
subsection, no person other than a veterinarian licensed to 
practice veterinary medicine in this jurisdiction and licensed 
by the Commission may administer a prescription or 
controlled medication, drug, chemical or other substance 
(including any medication, drug, chemical or other substance 
by injection) to a horse at any location under the jurisdiction 
of the Commission.
8.2.2.2This subsection does not apply to the 
administration of the following substances except in 
approved quantitative levels, if any, present in post-race 
samples or as they may interfere with post-race testing:
8.2.2.2.1a recognized non-injectable 
nutritional supplement or other substance approved by the 
official veterinarian;
8.2.2.2.2a non-injectable substance 

on the direction or by prescription of a licensed veterinarian; 
or
8.2.2.2.3a non-injectable 
non-prescription medication or substance.
8.2.2.3No person shall possess a hypodermic 
needle, syringe or injectable of any kind on association 
premises, unless otherwise approved by the Commission. At 
any location under the jurisdiction of the Commission, 
veterinarians may use only one-time disposable needles, and 
shall dispose of them in a manner approved by the 
Commission. If a person has a medical condition which 
makes it necessary to have a syringe at any location under 
the jurisdiction of the Commission, that person may request 
permission of the State Steward, judges and/or the 
Commission in writing, furnish a letter from a licensed 
physician explaining why it is necessary for the person to 
possess a syringe, and must comply with any conditions and 
restrictions set by the State Steward, judges and/or the 
Commission.
8.3Medications and Foreign Substances
Foreign substances shall mean all substances, 
except those which exist naturally in the untreated horse at 
normal physiological concentration, and shall include all 
narcotics, stimulants, depressants or other drugs or 
medications of any type. Except as specifically permitted by 
these rules, no foreign substance shall be carried in the body 
of the horse at the time of the running of the race. Upon a 
finding of a violation of these medication and prohibited 
substances rules, the State Steward or other designee of the 
Commission shall consider the classification level of the 
violation as listed at the time of the violation by the Uniform 
Classification Guidelines of Foreign Substances as 
promulgated by the Association of Racing Commissioners 
International and shall consider all other relevant available 
evidence including but not limited to: i) whether the 
violation created a risk of injury to the horse or driver; ii) 
whether the violation undermined or corrupted the integrity 
of the sport of harness racing; iii) whether the violation 
misled the wagering public and those desiring to claim the 
horse as to the condition and ability of the horse; iv) whether 
the violation permitted the trainer or licensee to alter the 
performance of the horse or permitted the trainer or licensee 
to gain an advantage over other horses entered in the race; v) 
the amount of the purse involved in the race in which the 
violation occurred. The State Steward may impose penalties 
and disciplinary measures consistent with the 
recommendations contained in subsection 8.3.2 of this 
section. 
8.3.1Uniform Classification Guidelines
The following outline describes the types 
of substances placed in each category. This list shall be 
publicly posted in the offices of the Commission 
Veterinarian and the racing secretary.
8.3.1.1Class 1
Opiates, opium derivatives, synthetic 
opiates, psychoactive drugs, amphetamines and U.S. Drug 
Enforcement Agency (DEA) scheduled I and II drugs. Also 
found in this class are drugs which are potent stimulants of 
the nervous system. Drugs in this class have no generally 
accepted medical use in the race horse and their 
pharmacological potential for altering the performance of a 
race is very high.
8.3.1.2Class 2
Drugs in this category have a high 
potential for affecting the outcome of a race. Most are not 
generally accepted as therapeutic agents in the race horse. 
Many are products intended to alter consciousness or the 
psychic state of humans, and have no approved or indicated 
use in the horse. Some, such as injectable local anesthetics, 
have legitimate use in equine medicine, but should not be 
found in a race horse. The following groups of drugs are in 
this class:
8.3.1.2.1Opiate partial agonist, or 
agonist-antagonists;
8.3.1.2.2Non-opiate psychotropic 
drugs, which may have stimulant, depressant, analgesic or 
neuroleptic effects;
8.3.1.2.3Miscellaneous drugs which 
might have a stimulant effect on the central nervous system 
(CNS);
8.3.1.2.4Drugs with prominent CNS 
depressant action;
8.3.1.2.5Antidepressant and 
antipsychotic drugs, with or without prominent CNS 
stimulatory or depressant effects;
8.3.1.2.6Muscle blocking drugs 
which have a direct neuromuscular blocking action;
8.3.1.2.7Local anesthetics which have 
a reasonable potential for use as nerve blocking agents 
(except procaine); and
8.3.1.2.8Snake venoms and other 
biologic substances which may be used as nerve blocking 
agents.
8.3.1.3Class 3
Drugs in this class may or may not 
have an accepted therapeutic use in the horse. Many are 
drugs that affect the cardiovascular, pulmonary and 
autonomic nervous systems. They all have the potential of 
affecting the performance of a race horse. The following 
groups of drugs are in this class:
8.3.1.3.1Drugs affecting the 
autonomic nervous system which do not have prominent 
CNS effects, but which do have prominent cardiovascular or 
respiratory system effects (bronchodilators are included in 
this class);
8.3.1.3.2A local anesthetic which has 
nerve blocking potential but also has a high potential for 
producing urine residue levels from a method of use not 

related to the anesthetic effect of the drug (procaine);
8.3.1.3.3Miscellaneous drugs with 
mild sedative action, such as the sleep inducing 
antihistamines;
8.3.1.3.4Primary vasodilating/
hypotensive agents; and
8.3.1.3.5Potent diuretics affecting 
renal function and body fluid composition.
8.3.1.4Class 4
This category is comprised primarily 
of therapeutic medications routinely used in race horses. 
These may influence performance, but generally have a 
more limited ability to do so. Groups of drugs assigned to 
this category include the following:
8.3.1.4.1Non-opiate drugs which 
have a mild central analgesic effect;
8.3.1.4.2Drugs affecting the 
autonomic nervous system which do not have prominent 
CNS, cardiovascular or respiratory effects
8.3.1.4.2.1Drugs used solely as 
topical vasoconstrictors or decongestants
8.3.1.4.2.2Drugs used as 
gastrointestinal antispasmodics
8.3.1.4.2.3Drugs used to void the 
urinary bladder
8.3.1.4.2.4Drugs with a major 
effect on CNS vasculature or smooth muscle of visceral 
organs.
8.3.1.4.3Antihistamines which do not 
have a significant CNS depressant effect (This does not 
include H1 blocking agents, which are listed in Class 5);
8.3.1.4.4Mineralocorticoid drugs;
8.3.1.4.5Skeletal muscle relaxants;
8.3.1.4.6Anti-inflammatory 
drugs--those that may reduce pain as a consequence of their 
anti-inflammatory actions, which include:
8.3.1.4.6.1Non-Steroidal 
Anti-Inflammatory Drugs (NSAIDs)--aspirin-like drugs;
8.3.1.4.6.2Corticosteroids 
(glucocorticoids); and
8.3.1.4.6.3Miscellaneous 
anti-inflammatory agents.
8.3.1.4.7Anabolic and/or androgenic 
steroids and other drugs;
8.3.1.4.8Less potent diuretics;
8.3.1.4.9Cardiac glycosides and 
antiarrhythmics including:
8.3.1.4.9.1Cardiac glycosides;
8.3.1.4.9.2Antiarrhythmic agents 
(exclusive of lidocaine, bretylium and propanolol); and
8.3.1.4.9.3Miscellaneous 
cardiotonic drugs.
8.3.1.4.10Topical Anesthetics--agents 
not available in injectable formulations;
8.3.1.4.11Antidiarrheal agents; and
8.3.1.4.12Miscellaneous drugs 
including:
8.3.1.4.12.1Expectorants with little 
or no other pharmacologic action;
8.3.1.4.12.2Stomachics; and
8.3.1.4.12.3Mucolytic agents.
8.3.1.5Class 5
Drugs in this category are therapeutic 
medications for which concentration limits have been 
established as well as certain miscellaneous agents. 
Included specifically are agents which have very localized 
action only, such as anti-ulcer drugs and certain antiallergic 
drugs. The anticoagulant drugs are also included.
8.3.2Penalty Recommendations
The following penalties and disciplinary 
measures may be imposed for violations of these medication 
and prohibited substances rules:
8.3.2.1Class 1- in the absence of 
extraordinary circumstances, a minimum license revocation 
of eighteen months and a minimum fine of $5,000, and a 
maximum fine up to the amount of the purse money for the 
race in which the infraction occurred, forfeiture of the purse 
money, and assessment for cost of the drug testing. 
8.3.2.2Class 2- in the absence of 
extraordinary circumstances, a minimum license revocation 
of nine months and a minimum fine of $3,000, and a 
maximum fine of up to the amount of the purse money for 
the race in which the violation occurred, forfeiture of the 
purse money, and assessment for cost of the drug testing.
8.3.2.3Class 3- in the absence of 
extraordinary circumstances, a minimum license revocation 
of ninety days, and a minimum fine of $3,000, and a 
maximum fine of up to the amount of the purse money for 
the race in which the violation occurred, forfeiture of the 
purse money, and assessment for cost of the drug testing.
8.3.2.4Class 4 - in the absence of 
extraordinary circumstances, a minimum license revocation 
of thirty days, and a minimum fine of $2,000, and a 
maximum fine of up to the amount of the purse money for 
the race in which the violation occurred, forfeiture of the 
purse money, and assessment for the cost of the drug testing.
8.3.2.5Class 5 - Zero to 15 days suspension 
with a possible loss of purse and/or fine and assessment for 
the cost of the drug testing.
8.3.2.6In determining the appropriate penalty 
with respect to a medication rule violation, the State Steward 
or other designee of the Commission may use his discretion 
in the application of the foregoing penalty recommendations, 
and shall consult with the State Veterinarian, the 
Commission veterinarian and/or the Commission chemist to 
determine the seriousness of the laboratory finding or the 
medication violation. Aggravating or mitigating 
circumstances in any case should be considered and greater 

or lesser penalties and/or disciplinary measures may be 
imposed than those set forth above. Specifically, if the State 
Steward or other designee of the Commission determine that 
mitigating circumstances warrant imposition of a lesser 
penalty than the recommendations suggest, he may impose a 
lesser penalty. If the State Steward or other designee of the 
Commission determines that aggravating circumstances 
require imposition of a greater penalty, however, he may 
only impose up to the maximum recommended penalty, and 
must refer the case to the Commission for its review, with a 
recommendation for specific action. Without limitation, the 
presence of the following aggravating circumstances may 
warrant imposition of greater penalties than those 
recommended, up to and including a lifetime suspension:
8.3.2.6.1Repeated violations of these 
medication and prohibited substances rules by the same 
trainer or with respect to the same horse;
8.3.2.6.2Prior violations of similar 
rules in other racing jurisdictions by the same trainer or with 
respect to the same horse; or
8.3.2.6.3Violations which endanger 
the life or health of the horse.
8.3.2.6.4Violations that mislead the 
wagering public and those desiring to claim a horse as to the 
condition and ability of the horse;
8.3.2.6.5Violations that undermine or 
corrupt the integrity of the sport of harness racing.
8.3.2.7Any person whose license is 
reinstated after a prior violation involving class 1 or class 2 
drugs and who commits a subsequent violation within five 
years of the prior violation, shall absent extraordinary 
circumstances, be subject to a minimum revocation of 
license for five years, and a minimum fine in the amount of 
the purse money of the race in which the infraction occurred, 
along with any other penalty just and reasonable under the 
circumstances.
8.3.2.7.1With respect to Class 1, 2 
and 3 drugs detect in a urine sample but not in a blood 
sample, and in addition to the foregoing factors, in 
determining the length of a suspension and/or the amount of 
a fine, or both, the State Steward or judges may take in 
consideration, without limitation, whether the drug has any 
equine therapeutic use, the time and method of 
administration, if determined, whether more than one foreign 
substance was detected in the sample, and any other 
appropriate aggravating or mitigating factors.
8.3.2.8Whenever a trainer is suspended more 
than once within a two-year period for a violation of this 
chapter regarding medication rules, any suspension imposed 
on the trainer for any such subsequent violation also shall 
apply to the horse involved in such violation. The State 
Steward or judges may impose a shorter suspension on the 
horse than on the trainer.
8.3.2.9At the discretion of the State Steward 
or other designee of the Commission, a horse as to which an 
initial finding of a prohibited substance has bee made by the 
Commission chemist may be prohibited from racing pending 
a timely hearing; provided, however, that other horses 
registered under the care of the trainer of such a horse may, 
with the consent of the State Steward or other designee of the 
Commission be released to the care of another trainer, and 
may race.
8.3.3Medication Restrictions
8.3.3.1Drugs or medications in horses are 
permissible, provided:
8.3.3.1.1the drug or medication is 
listed by the Association of Racing Commissioners 
International's Drug Testing and Quality Assurance 
Program; and
8.3.3.1.2the maximum permissible 
urine or blood concentration of the drug or medication does 
not exceed the limit established in theses Rules or otherwise 
approved and published by the Commission.
8.3.3.2Except as otherwise provided by this 
chapter, a person may not administer or cause to be 
administered by any means to a horse a prohibited drug, 
medication, chemical or other substance, including any 
restricted medication pursuant to this chapter during the 
24-hour period before post time for the race in which the 
horse is entered. Such administration shall result in the 
horse being scratched from the race and may result in 
disciplinary actions being taken.
8.3.3.3A finding by the official chemist of a 
prohibited drug, chemical or other substance in a test 
specimen of a horse is prima facie evidence that the 
prohibited drug, chemical or other substance was 
administered to the horse and, in the case of a post-race test, 
was present in the horse's body while it was participating in a 
race. Prohibited substances include:
8.3.3.3.1drugs or medications for 
which no acceptable levels have been established in these 
Rules or otherwise approved and published by the 
Commission.
8.3.3.3.2therapeutic medications in 
excess of acceptable limits established in these rules or 
otherwise approved and published by the Commission.
8.3.3.3.3Substances present in the 
horse in excess of levels at which such substances could 
occur naturally and such prohibited substances shall include 
a total carbon dioxide level of 37 mmol/L or serum in a 
submitted blood sample from a horse or 39 mmol/L if serum 
from a horse which has been administered furosemide in 
compliance with these rules, provided that a licensee has the 
right, pursuant to such procedures as may be established 
from time to time by the Commission, to attempt to prove 
that a horse has a naturally high carbon dioxide level in 
excess of the above-mentioned levels; and provided, further, 
that an excess total carbon dioxide level shall be penalized in 

accordance with the penalty recommendation applicable to a 
Class 2 substance.
8.3.3.3.4substances foreign to a horse 
at levels that cause interference with testing procedures. The 
detection of any such substance is a violation, regardless of 
the classification or definition of the substance or its 
properties under the Uniform Classification Guidelines for 
Foreign Substances.
8.3.3.4The tubing, dosing or jugging of any 
horse for any reason within 24 hours prior to its scheduled 
race is prohibited unless administered for medical 
emergency purposes by a licensed veterinarian, in which 
case the horse shall be scratched. The practice of 
administration of any substance via a naso-gastric tube or 
dose syringe into a horse's stomach within 24 hours prior to 
its scheduled race is considered a violation of these rules and 
subject to disciplinary action, which may include fine, 
suspension and revocation or license.
8.3.4Medical Labeling
8.3.4.1No person on association grounds 
where horses are lodged or kept, excluding licensed 
veterinarians, shall have in or upon association grounds 
which that person occupies or has the right to occupy, or in 
that person's personal property or effects or vehicle in that 
person's care, custody or control, a drug, medication, 
chemical, foreign substance or other substance that is 
prohibited in a horse on a race day unless the product is 
labelled in accordance with this subsection.
8.3.4.2Any drug or medication which is used 
or kept on association grounds and which, by federal or 
Delaware law, requires a prescription must have been validly 
prescribed by a duly licensed veterinarian, and in 
compliance with the applicable federal and state statutes. 
All such allowable medications must have a prescription 
label which is securely attached and clearly ascribed to show 
the following:
8.3.4.2.1the name of the product;
8.3.4.2.2the name, address and 
telephone number of the veterinarian prescribing or 
dispensing the product;
8.3.4.2.3the name of each patient 
(horse) for whom the product is intended/prescribed;
8.3.4.2.4the dose, dosage, duration of 
treatment and expiration date of the prescribed/dispensed 
product; and 
8.3.4.2.5the name of the person 
(trainer) to whom the product was dispensed.
8.3.5Furosemide (Lasix) (Salix) and 
Aminicaproic Acid (Amicar)
8.3.5.1General
Furosemide (Lasix) (Salix) and 
Aminicaproic Acid (Amicar) may be administered 
intravenously to a horse on the grounds of the association at 
which it is entered to compete in a race. Except under the 
instructions of the Commission Veterinarian for the purpose 
of removing a horse from the Steward's List or to facilitate 
the collection of a post-race urine sample, Furosemide 
(Lasix) or Furosemide with Aminicaproic Acid shall be 
permitted only after the Commission Veterinarian has placed 
the horse on the Bleeder List or to facilitate the collection of 
a post-race urine sample.
8.3.5.2Method of Administration
(Lasix) Furosemide or Furosemide 
with Aminocaproic Acid shall be administered intravenously 
by a the licensed practicing Bleeder MedicationVeterinarian, unless the Commission Veterinarian he/shedetermines that a horse cannot receive an intravenous 
administration of (Lasix) Furosemide or Furosemide with 
Aminocaproic Acid. and gives pPermission for an 
intramuscular administration must be authorized by the 
Presinding Judge or his/her representative; provided, 
however, that once (Lasix) Furosemide or Furosemide with 
Aminicaproic Acid is administered intramuscularly, the 
horse shall remain in a detention area under the supervision 
of a Commission representative until it races.
8.3.5.3Dosage
Lasix Aminocaproic Acid shall be 
administered to a horse on the Bleeder List only by the 
licensed Bleeder Medication Veterinarian, who will 
administer not more than 7.5 grams or less than 2.5 grams 
intravenously. Furosemide shall be administered to horses on 
the Bleeder List only by a the licensed practicing Bleeder 
Medication Veterinarian, who will administer not more than 
500 milligrams nor less than 100 milligrams, subject to the 
following conditions:
8.3.5.3.1If less than 500 milligrams is 
administered, and subsequent laboratory findings are 
inconsistent with such dosage or with the time of 
administration, then the trainer shall be subject to a fine or 
other disciplinary action;
8.3.5.3.2Not more than 750 
milligrams may be administered if (1) the State CommissionVeterinarian grants permission for a dosage greater than 500 
milligrams, and (2) after the administration of such greater 
dosage, the horse remains in a detention area under the 
supervision of a Commission representative until it races; 
and
8.3.5.3.3 2The dosage administered 
may not vary by more than 250 milligrams from race to race 
without the permission of the Commission Veterinarian.
8.3.5.4Timing of Administration
Horses must be presented at their assigned 
stalls in the paddock for Aminicaproic Acid treatment. 
Aminocaproic Acid will be administered not more than 90 
minutes (1 1/2 hours) and not less than 60 minutes (1 hour) 
prior to post time of their respective races and mustbe treated 
prior to going on the track the first time. Failure to meet this 
time frame will result in scratching the horse and the trainer 

may be fined. Horses must be presented at the LasixFurosemide stall in the paddock, and the Lasix Furosemideadministered, not more than three hours and 30 minutes (3-1/
2 hours) nor less than three hours (three hours) prior to post 
time of their respective races. Failure to meet this time 
frame will result in scratching the horse, and the trainer may 
be fined.
8.3.5.5Veterinary Charges
It is the responsibility of the owner or 
trainer, prior to the administration of the medication, to pay 
the licensed practicing Bleeder Medication Veterinarian at 
the rate approved by the Commission. No credit shall be 
given without approval of the Bleeder Medication 
Veterinarian.
8.3.5.6Restrictions
No one except a licensed practicing 
veterinarian shall possess equipment or any substance for 
injectable administration on the race track complex, and no 
horse is to receive furosemide (Lasix) in oral form.
8.3.5.7Post-Race Quantification
The presence of Aminocaproic Acid 
in a horse following the running of the race in which it was 
not declared or reported, may result in the disqualification of 
the horse or other sanctions being imposed upon the trainer 
and the administering veterianrian.
Conversely, the absence of a bleeder 
medication following the running of a race, which was 
declared and reported may result in the disqualification of 
the horse and other sanctions being imposed upon the trainer 
and the bleeder Medication Veterinarian
8.3.5.7.1As indicated by post-race 
quantification, a horse may not carry in its body at the time 
of the running of the race more than 100 nanograms of LasixFurosemide per milliliter of plasma in conjunction with a 
urine that has a specific gravity of less than 1.01, unless the 
dosage of Lasix Furosemide:
8.3.5.7.1.1Was administered 
intramuscularly as provided in 8.3.5.2; or
8.3.5.7.1.2Exceeded 500 
milligrams as provided in 8.3.5.3.2 1.
8.3.5.7.2If post-race quantification 
indicates that a horse carried in its body at the time of the 
running of the race more than 100 nanograms of furosemide 
per milliliter of plasma in conjunction with a urine that has a 
specific gravity of 1.010 or lower less than 1.01, and 
provided that the dosage of furosemide was not administered 
intramuscularly as provided in 8.3.5.3.2 8.3.5.2 or exceeded 
500 milligrams as provided in 8.3.5.3.2 1, then a penalty 
shall be imposed as follows:
8.3.5.7.2.1If such overage is the 
first violation of this rule within a 12-month period: Up to a 
$250 fine and loss of purse.
8.3.5.7.2.2If such overage is the 
second violation of this rule within a 12-month period: Up to 
a $1,000 fine and loss of purse.
8.3.5.7.2.3If such overage is the 
third violation of this rule within a 12-month period: Up to a 
$1,000 fine and up to a 15-day suspension and loss of purse.
8.3.5.7.2.4If in the opinion of the 
official chemist any such overage caused interference with 
testing procedures, then for each such overage a penalty of 
up to a $1,000 fine and a suspension of from 15 to 50 days 
may be imposed. 
8.3.5.8Reports
8.3.5.8.1The licensed practicingBleeder Medication Veterinarian who administers LasixAminocaprioc Acid or Furosemide or Furosemide with 
Aminocaproic Acid to a horse scheduled to race shall 
prepare a written certification indicating the time, dosage 
and method of administration.
8.3.5.8.2The written certification 
shall be delivered to a Commission representative designated 
by the State Steward Judges at least within one (1) hour of 
the last scheduled race for that day before the horse is 
scheduled to race.
8.3.5.8.3 The State Steward or judges 
shall order a horse scratched if the written certification is not 
received in a timely manner.
8.3.5.9Bleeder List
8.3.5.9.1The Commission Bleeder 
Medication Veterinarian shall maintain a Bleeder List of all 
horses which have demonstrated external evidence of 
exercise induced pulmonary hemorrhage (EIPH) or the 
existence of hemorrhage in the trachea post exercise upon:
8.3.5.9.1.1visual examination 
wherein blood is noted in one or both nostrils either:
8.3.5.9.1.1.1during a race;
8.3.5.9.1.1.2immediately 
post-race or post-exercise on track; or
8.3.5.9.1.1.3within one hour 
post-race or post-exercise in paddock and/or stable area, 
confirmed by endoscopic examination; or
8.3.5.9.1.2endoscopic 
examination, which may be requested by the owner or 
trainer who feels his or her horse is a bleeder. Such 
endoscopic examination must be done by a practicing 
veterinarian, at the owner's or trainer's expense, and in the 
presence of the Commission Veterinarian or Lasix 
veterinarian. Such an examination shall take place within 
one hour post-race or post-exercise; or
8.3.5.9.1.3presentation to the 
Commission Veterinarian, at least 48 hours prior to racing, of 
a current Bleeder Certificate from an official veterinarian 
from any other jurisdiction, which show the date, place and 
method -- visual or endoscopy -- by which the horse was 
determined to have bled, or which attests that the horse is a 
known bleeder and receives bleeder medication in that 
jurisdiction, provided that such jurisdiction's criteria for the 

identification of bleeders are satisfactory to the Commission 
Veterinarian.
8.3.5.9.2The confirmation of a 
bleeder horse must be certified in writing by the Commission 
Veterinarian or the Lasix veterinarian and entered on the 
Bleeder List. Copies of the certification shall be issued to the 
owner of the horse or the owner's designee upon request. A 
copy of the bleeder certificate shall be attached to the horse's 
eligibility certificate.
8.3.5.9.3Every confirmed bleeder, 
regardless of age, shall be placed on the Bleeder List, and 
Lasix furosemide or Furosemide with Aminocaproic Acid, if 
applicable must be administered to the horse in accordance 
with these rules prior to every race, including qualifying 
races, in which the horse starts.
8.3.5.9.4A horse which bleeds based 
on the criteria set forth in 8.3.5.9.1 above shall be restricted 
from racing at any facility under the jurisdiction of the 
Commission, as follows:
8.3.5.9.4.11st time - 10 days;
8.3.5.9.4.22nd time - 30 days, 
provided that the horse must be added to or remain on the 
Bleeder List, and must complete a satisfactory qualifying 
race before resuming racing;
8.3.5.9.4.33rd time - 30 days, and 
the horse shall be added to the Steward's List, to be removed 
at the discretion of the Commission Veterinarian following a 
satisfactory qualifying race after the mandatory 30-day rest 
period; and
8.3.5.9.4.44th time - barred for life.
8.3.5.9.5An owner or trainer must 
notify the Commission Veterinarian immediately of evidence 
that a horse is bleeding following exercise or racing.
8.3.5.9.6A horse may be removed 
from the Bleeder List at the request of the owner or trainer, if 
the horse completes a 10-day rest period following such 
request, and then re-qualifies. A horse may discontinue the 
use of Aminocaproic Acid without a ten (10) day rest period 
or having to requalify provided the horse was on 
Aminocaproic Acid for thirty (34) days or more. In addition, 
once a horse discontinues the use of Aminocaproic Acid, it is 
prohibited from using said medication for ninety (90) days 
from the date of its last administration for Amincocaproic 
Acid.
8.3.5.9.7Any horse on the Bleeder 
List which races in a jurisdiction where it is not eligible for 
bleeder medication, whether such ineligibility is due to the 
fact that it does not qualify for bleeder medication in that 
jurisdiction or because bleeder medication is prohibited in 
that jurisdiction, shall automatically remain on the Bleeder 
List at the discretion of the owner or trainer, provided that 
such decision by the owner or trainer must be declared at the 
time of the first subsequent entry in Delaware, and the LasixFurosemide and Aminocaproic Acid symbols in the program 
shall appropriately reflect that the horse did not receive 
Lasix Furosemide or Furosemide with Aminocaproic Acidits last time out. Such an election by the owner or trainer 
shall not preclude the Commission Veterinarian, State 
Steward or Presiding Judge from requiring re-qualification 
whenever a horse on the Bleeder List races in another 
jurisdiction without bleeder medication, and the integrity of 
the Bleeder List may be questioned.
8.3.5.9.8Any horse on the Bleeder 
List which races without Lasix Furosemide or Furosemide 
with Aminocaproic Acid in any jurisdiction which permits 
the use of Lasix Furosemide or Furosemide with 
Aminocaproic Acid shall automatically be removed from the 
Bleeder List. In order to be restored to the Bleeder List, the 
horse must demonstrate EIPH in accordance with the criteria 
set forth in subdivision 1 8.3.5.9.1 above. If the horse does 
demonstrate EIPH and is restored to the Bleeder List, the 
horse shall be suspended from racing in accordance with the 
provisions of 8.3.6.4 8.3.5.9.4 above.
8.3.5.9.9The State Steward or 
Presiding Judge, in consultation with the State veterinarian, 
will rule on any questions relating to the Bleeder List.
8.3.5.10Medication Program Entries
It is the responsibility of the 
trainer at the time of entry of a horse to provide the racing 
secretary with the bleeder medication status of the horse on 
the entry blank, and also to provide the Commission 
Veterinarian with a bleeder certificate, if the horse 
previously raced out-of-state on bleeder medication.
8.3.6Phenylbutazone (Bute)
8.3.6.1General
8.3.6.1.1Phenylbutazone or 
oxyphenbutazone may be administered to horses three years 
of age and older in such dosage amount that the official test 
sample shall contain not more than 2.0 micrograms per 
milliliter of blood plasma. Phenylbutazone or 
oxyphenbutazone is not permissible at any level in horses 
two years of age and if phenylbutazone or oxyphenbutazone 
is present in any post-race sample from a two yaer old horse, 
said horse shall be disqualified, shall forfeit any purse 
money, and the trainer shall be subject to penalties including 
up to a $1,000 fine and up to a fifty day suspension.
8.3.6.1.2If post-race quantification 
indicates that a horse carried in its body at the time of the 
running of the race more than 2.0 but not more than 2.6 
micrograms per milliliter of blood plasma of phenylbutazone 
or oxyphenbutazone, then warnings shall be issued to the 
trainer.
8.3.6.1.3If post-race quantification 
indicates that a horse carried in its body at the time of the 
running of the race more than 2.6 micrograms per milliliter 
of blood plasma of phenylbutazone or oxyphenbutazone, 
then a penalty shall be imposed as follows:
8.3.6.1.3.1For an average between 

2.6 and less than 5.0 micrograms per milliliter:
8.3.6.1.3.1.1If such overage 
is the first violation of this rule within a 12-month period: Up 
to a $250 fine and loss of purse.
8.3.6.1.3.1.2If such overage 
is the second violation of this rule within a 12-month period: 
Up to a $1,000 fine and loss of purse.
8.3.6.1.3.1.3If such overage 
is the third violation of this rule within a 12-month period: 
Up to a $1,000 fine and up to a 15-day suspension and loss 
of purse.
8.3.6.1.3.1.4For an overage 
of 5.0 micrograms or more per milliliter: Up to a $1,000 fine 
and up to a 5-day suspension and loss of purse.
8.3.6.1.4If post-race quantification 
indicates that a horse carried in its body at the time of the 
running of the race any quantity of phenylbutazone or 
oxyphenbutazone, and also carried in its body at the time of 
the running of the race any quantity of any other non-
steroidal anti-inflammatory drug, including but not limited 
to naproxen, flunixin and meclofenamic acid, then such 
presence of phenylbutazone or oxyphenbutazone, shall 
constitute a violation of this rule and shall be subject to a 
penalty of up to a $1,000 fine and up to a 50-day suspension 
and loss of purse.
8.4Testing
8.4.1Reporting to the Test Barn
8.4.1.1Horses shall be selected for post-
racing testing according to the following protocol:
8.4.1.1.1At least one horse in each 
race, selected by the judges from among the horses finishing 
in the first four positions in each race, shall be tested. 
8.4.1.1.2Horses selected for testing 
shall be taken to the Test Barn or Test Stall to have a blood, 
urine and/or other specimen sample taken at the direction of 
the State veterinarian.
8.4.1.2Random or extra testing, including 
pre-race testing, may be required by the State Steward or 
judges, or by the Commission, at any time on any horse on 
association grounds.
8.4.1.3Unless otherwise directed by the State 
Steward, judges or the Commission Veterinarian, a horse that 
is selected for testing must be taken directly to the Test Barn.
8.4.2Sample Collection
8.4.2.1Sample collection shall be done in 
accordance with the RCI Drug Testing and Quality 
Assurance Program External Chain of Custody Guidelines, 
or other guidelines and instructions provided by the 
Commission Veterinarian.
8.4.2.2The Commission veterinarian shall 
determine a minimum sample requirement for the primary 
testing laboratory. A primary testing laboratory must be 
approved by the Commission.
8.4.3Procedure for Taking Specimens
8.4.3.1Horses from which specimens are to 
be drawn shall be taken to the detention area at the 
prescribed time and remain there until released by the 
Commission Veterinarian. Only the owner, trainer, groom, 
or hot walker of horses to be tested shall be admitted to the 
detention area without permission of the Commission 
Veterinarian.
8.4.3.2Stable equipment other than 
equipment necessary for washing and cooling out a horse 
shall be prohibited in the detention area.
8.4.3.2.1Buckets and water shall be 
furnished by the Commission Veterinarian.
8.4.3.2.2If a body brace is to be used, 
it shall be supplied by the responsible trainer and 
administered only with the permission and in the presence of 
the Commission Veterinarian.
8.4.3.2.3A licensed veterinarian shall 
attend a horse in the detention area only in the presence of 
the Commission Veterinarian.
8.4.3.3One of the following persons shall be 
present and witness the taking of the specimen from a horse 
and so signify in writing:
8.4.3.3.1The owner;
8.4.3.3.2The responsible trainer who, 
in the case of a claimed horse, shall be the person in whose 
name the horse raced; or
8.4.3.3.3A stable representative 
designated by such owner or trainer.
8.4.3.4
8.4.3.4.1All urine containers shall be 
supplied by the Commission laboratory and shall be sealed 
with the laboratory security seal which shall not be broken, 
except in the presence of the witness as provided by 
(subsection (3)) subsection 8.4.3.3 of this section.
8.4.3.4.2Blood vacutainers will also 
be supplied by the Commission laboratory in sealed 
packages as received from the manufacturer.
8.4.3.5Samples taken from a horse, by the 
Commission Veterinarian or his assistant at the detention 
barn, shall be collected and in double containers and 
designated as the “primary” and “secondary” samples.
8.4.3.5.1These samples shall be 
sealed with tamper-proof tape and bear a portion of the 
multiple part “identification tag” that has identical printed 
numbers only. The other portion of the tag bearing the same 
printed identification number shall be detached in the 
presence of the witness.
8.4.3.5.2The Commission 
Veterinarian shall:
8.4.3.5.2.1Identify the horse from 
which the specimen was taken.
8.4.3.5.2.2Document the race and 
day, verified by the witness; and
8.4.3.5.2.3Place the detached 

portions of the identification tags in a sealed envelope for 
delivery only to the stewards.
8.4.3.5.3After both portions of 
samples have been identified in accordance with this section, 
the “ primary” sample shall be delivered to the official 
chemist designated by the Commission.
8.4.3.5.4The “secondary” sample 
shall remain in the custody of the Commission Veterinarian 
at the detention area and urine samples shall be frozen and 
blood samples refrigerated in a locked refrigerator/freezer.
8.4.3.5.5The Commission 
Veterinarian shall take every precaution to ensure that 
neither the Commission chemist nor any member of the 
laboratory staff shall know the identity of the horse from 
which a specimen was taken prior to the completion of all 
testing.
8.4.3.5.6When the Commission 
chemist has reported that the “primary” sample delivered 
contains no prohibited drug, the “secondary” sample shall be 
properly disposed.
8.4.3.5.7If after a horse remains a 
reasonable time in the detention area and a specimen can not 
be taken from the horse, the Commission Veterinarian may 
permit the horse to be returned to its barn and usual 
surroundings for the taking of a specimen under the 
supervision of the Commission Veterinarian.
8.4.3.5.8If one hundred (100) 
milliliters (ml.) or less of urine is obtained, it will not be 
split, but will be considered the “primary” sample and will 
be tested as other “primary” samples.
8.4.3.5.9Two (2) blood samples shall 
be collected in twenty (20) milliliters vacutainers, one for the 
“primary” and one for the “secondary” sample.
8.4.3.5.10In the event of an initial 
finding of a prohibited substance or in violation of these 
Rules and Regulations, the Commission chemist shall notify 
the Commission, both orally and in writing, and an oral or 
written notice shall be issued by the Commission to the 
owner and trainer or other responsible person no more than 
twenty-four (24) hours after the receipt of the initial finding, 
unless extenuating circumstances require a longer period, in 
which case the Commission shall provide notice as soon as 
possible in order to allow for testing of the “secondary” 
sample; provided, however, that with respect to a finding of 
a prohibited level of total carbon dioxide in a blood sample, 
there shall be no right to testing of the “secondary sample” 
unless such finding initially is made at the racetrack on the 
same day that the tested horse raced, and in every such 
circumstance a “secondary sample” shall be transported to 
the Commission laboratory on an anonymous basis for 
confirmatory testing.
8.4.3.5.10.1If testing of the 
“secondary” sample is desired, the owner, trainer, or other 
responsible person shall so notify the Commission in writing 
within 48 hours after notification of the initial positive test or 
within a reasonable period of time established by the 
Commission after consultation with the Commission 
chemist. The reasonable period is to be calculated to insure 
the integrity of the sample and the preservation of the alleged 
illegal substance.
8.4.3.5.10.2Testing of the 
“secondary” samples shall be performed at a referee 
laboratory selected by representatives of the owner, trainer, 
or other responsible person from a list of not less than two 
(2) laboratories approved by the Commission.
8.4.3.5.11The Commission shall bear 
the responsibility of preparing and shipping the sample, and 
the cost of preparation, shipping, and testing at the referee 
laboratory shall be assumed by the person requesting the 
testing, whether it be the owner, trainer, or other person 
charged.
8.4.3.5.11.1A Commission 
representative and the owner, trainer, or other responsible 
person or a representative of the persons notified under these 
Rules and Regulations may be present at the time of the 
opening, repackaging, and testing of the “secondary” sample 
to ensure its identity and that the testing is satisfactorily 
performed.
8.4.3.5.11.2The referee 
laboratory shall be informed of the initial findings of the 
Commission chemist prior to making the test.
8.4.3.5.11.3If the finding of the 
referee laboratory is proven to be of sufficient reliability and 
does not confirm the finding of the initial test performed by 
the Commission chemist and in the absence of other 
independent proof of the administration of a prohibited drug 
of the horse in question, it shall be concluded that there is 
insubstantial evidence upon which to charge anyone with a 
violation.
8.4.3.5.12The Commission 
Veterinarian shall be responsible for safeguarding all 
specimens while in his possession and shall cause the 
specimens to be delivered only to the Commission chemist 
as soon as possible after sealing, in a manner so as not to 
reveal the identity of a horse from which the sample was 
taken.
8.4.3.5.13If an Act of God, power 
failure, accident, strike or other action beyond the control of 
the Commission occurs, the results of the primary official 
test shall be accepted as prima facie evidence.
8.5Trainer Responsibility
The purpose of this subsection is to identify 
responsibilities of the trainer that pertain specifically to the 
health and well-being of horses in his/her care.
8.5.1The trainer is responsible for the condition 
of horses entered in an official workout or race and is 
responsible for the presence of any prohibited drug, 
medication or other substance, including permitted 

medication in excess of the maximum allowable level, in 
such horses. A positive test for a prohibited drug, medication 
or substance, including permitted medication in excess of the 
maximum allowable level, as reported by a 
Commission-approved laboratory, is prima facie evidence of 
a violation of this rule. In the absence of substantial 
evidence to the contrary, the trainer shall be responsible. 
Whenever a trainer of a horse names a substitute trainer for 
program purposes due to his or her inability to be in 
attendance with the horse on the day of the race, or for any 
other reason, both trainers shall be responsible for the 
condition of the horse should the horse test positive; 
provided further that, except as otherwise provided herein, 
the trainer of record (programmed trainer) shall be any 
individual who receives any compensation for training the 
horse.
8.5.2A trainer shall prevent the administration 
of any drug or medication or other foreign substance that 
may cause a violation of these rules.
8.5.3A trainer whose horse has been claimed 
remains responsible for any violation of rules regarding that 
horse's participation in the race in which the horse is 
claimed.
8.5.4The trainer is responsible for:
8.5.4.1maintaining the assigned stable area 
in a clean, neat and sanitary condition at all times;
8.5.4.2using the services of those 
veterinarians licensed by the Commission to attend horses 
that are on association grounds;
8.5.5Additionally, with respect to horses in his/
her care or custody, the trainer is responsible for:
8.5.5.1the proper identity, custody, care, 
health, condition and safety of horses;
8.5.5.2ensuring that at the time of arrival at 
locations under the jurisdiction of the Commission a valid 
health certificate and a valid negative Equine Infectious 
Anemia (EIA) test certificate accompany each horse and 
which, where applicable, shall be filed with the racing 
secretary;
8.5.5.3having each horse in his/her care that 
is racing, or is stabled on association grounds, tested for 
Equine Infectious Anemia (EIA) in accordance with state 
law and for filing evidence of such negative test results with 
the racing secretary;
8.5.5.4using the services of those 
veterinarians licensed by the Commission to attend horses 
that are on association grounds;
8.5.5.5immediately reporting the alteration 
of the sex of a horse to the clerk of the course, the United 
States Trotting Association and the racing secretary;
8.5.5.6promptly reporting to the racing 
secretary and the Commission Veterinarian when a posterior 
digital neurectomy (heel nerving) has been performed and 
ensuring that such fact is designated on its certificate of 
registration;
8.5.5.7promptly notifying the Commission 
Veterinarian of any reportable disease and any unusual 
incidence of a communicable illness in any horse in his/her 
charge;
8.5.5.8promptly reporting the serious injury 
and/or death of any horse at locations under the jurisdiction 
of the Commission to the State Stewards and judges, the 
Commission Veterinarian, and the United States Trotting 
Association;
8.5.5.9maintaining a knowledge of the 
medication record and status;
8.5.5.10immediately reporting to the 
State Steward, judges and the Commission Veterinarian 
knowledge or reason to believe, that there has been any 
administration of a prohibited medication, drug or substance;
8.5.5.11ensuring the fitness to perform 
creditably at the distance entered;
8.5.5.12ensuring that every horse he/she 
has entered to race is present at its assigned stall for a 
pre-race soundness inspection as prescribed in this chapter;
8.5.5.13ensuring proper bandages, 
equipment and shoes;
8.5.5.14presence in the paddock at least 
one hour before post time or at a time otherwise appointed 
before the race in which the horse is entered;
8.5.5.15personally attending in the 
paddock and supervising the harnessing thereof, unless 
excused by the Paddock Judge; 
8.5.5.16attending the collection of a urine 
or blood sample or delegating a licensed employee or the 
owner to do so; and
8.5.5.17immediately reporting to the 
State Steward or other Commission designee, or to the State 
Veterinarian or Commission Veterinarian if the State Steward 
or other Commission designee is unavailable, the death of 
any horse drawn in to start in a race in this jurisdiction 
provided that the death occurred within 60 days of the date 
of the draw.
8.6Physical Inspection of Horses
8.6.1Veterinarian's List
8.6.1.1The Commission Veterinarian shall 
maintain a list of all horses which are determined to be unfit 
to compete in a race due to physical distress, unsoundness, 
infirmity or medical condition.
8.6.1.2A horse may be removed from the 
Veterinarian's List when, in the opinion of the Commission 
Veterinarian, the horse has satisfactorily recovered the 
capability of competing in a race.
8.6.2Postmortem Examination
8.6.2.1The Commission may conduct a 
postmortem examination of any horse that is injured in this 
jurisdiction while in training or in competition and that 
subsequently expires or is destroyed. In proceeding with a 

postmortem examination the Commission or its designee 
shall coordinate with the trainer and/or owner to determine 
and address any insurance requirements.
8.6.2.2The Commission may conduct a 
postmortem examination of any horse that expires while 
housed on association grounds or at recognized training 
facilities within this jurisdiction. Trainers and owners shall 
be required to comply with such action as a condition of 
licensure.
8.6.2.3The Commission may take possession 
of the horse upon death for postmortem examination. The 
Commission may submit blood, urine, other bodily fluid 
specimens or other tissue specimens collected during a 
postmortem examination for testing by the 
Commission-selected laboratory or its designee. Upon 
completion of the postmortem examination, the carcass may 
be returned to the owner or disposed of at the owner's option.
8.6.2.4The presence of a prohibited 
substance in a horse, found by the official laboratory or its 
designee in a bodily fluid specimen collected during the 
postmortem examination of a horse, which breaks down 
during a race constitutes a violation of these rules.
8.6.2.5The cost of Commission-ordered 
postmortem examinations, testing and disposal shall be 
borne by the Commission.
8.7Prohibited Practices
8.7.1The following conduct shall be prohibited 
for all licensees:
8.7.1.1The possession and/or use of a drug 
substance, or medication, specified below for which a 
recognized analytical method has not been developed to 
detect and confirm the administration of such substance 
including but not limited to erythropoietin, darbepoietin, and 
perfluorcarbon emulsions; or the use of which may endanger 
the health and welfare of the horse or endanger the safety of 
the driver; or the use of which may adversely affect thet 
integrity of racing.
8.7.1.2The possession and/or use of a drug, 
substance, or medication that has not been aproved by the 
United States Food and Drug Administration (FDA) for use 
in the United States.
See 1 DE Reg. 505 (11/01/97)
See 1 DE Reg. 923 (1/1/98)
See 3 DE Reg 1520 (5/1/00)
See 4 DE Reg. 6 (7/1/00)
See 4 DE Reg 336 (8/1/00)
See 5 DE Reg. 832 (10/1/01)
See 5 DE Reg. 1691 (3/1/02)
See 6 DE Reg. 862 (1/1/03)
DEPARTMENT OF EDUCATION
14 DE Admin. Code 220
Statutory Authority: 14 Delaware Code,
Section 220 (14 Del.C. §220)
Education Impact Analysis
Pursuant To 14 Del.C. Section 122(d)
220 Diversity
A.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend regulation 
220 Diversity. The regulation defines diversity and requires 
the local school districts to take certain steps to infuse 
diversity concepts into student classrooms. The 
amendments update the language to focus on issues of 
inclusion and diversity and since it is a regulation of the 
Department of Education the reference to the State Board of 
Education has been eliminated. Regulation 220 Diversity 
was previously advertised for re-adoption in the November 
1, 2003 Register of Regulations but it is now being re-
advertised as an amended regulation with the changes 
indicated. 
C.Impact Criteria
1.Will the amended regulation help improve student 
achievement as measured against state achievement 
standards? The amended regulation will help to contribute 
to student achievement by promoting diversity.
2.Will the amended regulation help ensure that all 
students receive an equitable education? The amended 
regulation will assist in supporting concepts that support 
equitable education opportunities.
3.Will the amended regulation help to ensure that all 
students’ health and safety are adequately protected? The 
amended regulation addresses diversity not student health 
and safety.
4.Will the amended regulation help to ensure that all 
students’ legal rights are respected? The amended regulation 
addresses diversity 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 amended 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 amended regulation? There is 
no additional cost to the local school boards of compliance 
with the amended regulation.
*PLEASE NOTE THAT REGULATION 220 IS A RE-
PROPOSAL. THE ORIGINAL PROPOSED REGULATION 
APPEARED IN THE NOVEMBER 1, 2003 REGISTER AT PAGE 
554.
220 Diversity
1.0Definition: A school community that values diversity is 
one which embraces and builds on the strengths of individual 
and group differences, and by so doing enriches the 
educational program for all students. A curriculum that is 
multicultural and inclusive of many racial, ethnic, regional, 
religious, linguistic, and socio-economic groups, and which 
gives visibility to both women and men, to people of all 
ages, and to persons with disabilities, affirms the richness of 
our pluralistic society. The Secretary of Education and the 
State Board of Education believes that students achieve their 
best in classrooms where diversity is commonplace.
2.0Each school district shall:
2.1Infuse information on diverse cultural groups 
throughout the K-12 curriculum in order to equip students 
with the knowledge and skills necessary to participate 
productively in a culturally diverse society.
2.2Provide professional development to equip all 
teachers with various instructional techniques and best 
practices for infusing multicultural information into the 
curriculum and effectively meeting to effectively meet the 
needs of diverse learners.
2.3Describe in district strategic plans and school plans 
how disparities and gaps in student achievement associated 
with the student's gender, race, ethnicity, socioeconomic 
status, limited English proficiency, or disability will be 
identified and eliminated.
2.4Provide student counseling, assessment, discipline 
and placement that is sensitive to the needs of diverse 
populations.
2.5Provide appropriate instruction to limited English 
proficient students so that they will have success in a 
mainstream classroom where the medium of instruction is 
English.
2.6Describe in the district strategic plan a strategy to 
attract and retain a highly skilled and committed faculty and 
staff reflective of the diversity in the school community.
2.7Enact measures to avoid and address inequitable 
and prejudicial behaviors among employees and students.
2.8Describe in the school plans specific ways 
principals and building staff create an atmosphere which 
recognizes, accepts and values diversity as a positive, 
integral resource of a democratic society.
See 2 DE Reg. 1244 (1/1/99)
Education Impact Analysis
Pursuant To 14 Del.C. Section 122(d)
225 Prohibition of Discrimination
A.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend regulation 
225 Prohibition of Discrimination by adding the word “age” 
after the word disability and adding the word “unlawful” 
before the word excluded. The regulation is a statement of 
non-discrimination in programs and activities approved by 
the Department of Education. Since it is a regulation of the 
Department of Education, the reference to the State Board of 
Education was removed. The Regulation 225 Prohibition of 
Discrimination was previously advertised for re-adoption in 
the November 1, 2003 Register of Regulations but it is now 
being re-advertised as an amended regulation with the 
changes indicated. 
C.Impact Criteria
1.Will the amended regulation help improve student 
achievement as measured against state achievement 
standards? The amended regulation addresses 
nondiscrimination as required by federal statute.
2.Will the amended regulation help ensure that all 

students receive an equitable education? The amended 
regulation addresses non discrimination which contributes to 
providing for an equitable education for all students.
3.Will the amended regulation help to ensure that all 
students’ health and safety are adequately protected? The 
amended regulation addresses non-discrimination not 
students’ health and safety.
4.Will the amended regulation help to ensure that all 
students’ legal rights are respected? The amended regulation 
is about non-discrimination which is a part of 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 amended regulation? The regulation is 
required by federal statute.
10.What is the cost to the State and to the local school 
boards of compliance with the regulation? There is no 
additional cost to the State and to the local school boards of 
compliance with the amended regulation.
*PLEASE NOTE THAT REGULATION 225 IS A RE-
PROPOSAL. THE ORIGINAL PROPOSED REGULATION 
APPEARED IN THE NOVEMBER 1, 2003 REGISTER AT PAGE 
556.
225 Prohibition of Discrimination
1.0No person in the State of Delaware, shall, on the basis of 
race, color, creed, national origin, disability, age or gender, 
be unlawfully excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under any 
program or activity receiving approval or financial 
assistance from or through the Delaware State Board of 
Education and/or the Delaware Department of Education.
See 2 DE Reg. 1246 (1/1/99)
Education Impact Analysis
Pursuant To 14 Del.C. Section 122(d)
235 Teacher of the Year
A.Type of Regulatory Action Required
Amendment to Existing Regulation
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the 
State Board of Education to amend regulation 235 Teacher 
of the Year. The amendments to sections 1.0 and 2.0 are 
necessary to align the regulation with current practice and 
changes were made to 2.1 to incorporate the involvement of 
the charter schools.
C.Impact Criteria
1.Will the amended regulation help improve student 
achievement as measured against state achievement 
standards? The amended regulation addresses procedures 
for the teacher of the Year program not student achievement.
2.Will the amended regulation help ensure that all 
students receive an equitable education? The amended 
regulation addresses procedures for the Teacher of the Year 
program 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 procedures for the Teacher of 
the Year program not health and safety issues.
4.Will the amended regulation help to ensure that all 
students’ legal rights are respected? The amended regulation 
addresses proceedures for the Teacher of the Year program 
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 
continue to preserve the necessary authority and flexibility 
of decision making at the local board and school level.
6.Will the amended regulation place unnecessary 
reporting or administrative requirements or mandates upon 
decision makers at the local board and school levels? The 
amended regulation will not place any unnecessary reporting 
or administrative requirements or mandates upon decision 

makers at the local board and school levels.
7.Will the decision making authority and 
accountability for addressing the subject to be regulated be 
placed in the same entity? The decision making authority 
and accountability for addressing the subject to be regulated 
will remain in the same entity.
8.Will the amended regulation be consistent with and 
not an impediment to the implementation of other state 
educational policies, in particular to state educational 
policies addressing achievement in the core academic 
subjects of mathematics, science, language arts and social 
studies? The amended regulation will be consistent with 
and not an impediment to the implementation of other state 
educational policies, in particular to state educational 
policies addressing achievement in the core academic 
subjects of mathematics, science, language arts and social 
studies.
9.Is there a less burdensome method for addressing 
the purpose of the amended regulation? The regulations are 
required by Delaware Code.
10.What is the cost to the State and to the local school 
boards of compliance with the regulation? The amended 
regulation does not add any additional cost to the state and 
local boards.
235 Teacher of the Year Award
This program shall be administered in accordance with 
14 Del.C. Chapter 89, and the following rules and 
regulations.
1.0Qualifications - To be considered for the Teacher-of-the-
Year award, a person shall have taught, continuously or 
intermittently, for an accumulative period of nine months or 
more previous to the date of such person's nomination; shall 
have been formally nominated; and be actively teaching in 
this State at the time of nomination. A nominee shall be a 
person fully certified by the Department of Education for the 
position held. To be considered for the Teacher-of-the-Year 
award, a person shall have taught, continuously or 
intermittently, for an accumulative period of three years or 
more previous to the date of such person’s nomination; shall 
have been formally nominated; and be actively teaching in 
this state at the time of nomination. A nominee shall have 
met all the requirements for a Standard Certificate for the 
position held, as approved by the Professional Standards 
Board and the State Board of Education.
2.0Nominations - The following shall apply in preparing 
nominations in accordance with the requirements of the Act.
2.1The Department of Education shall annually send to 
each school district superintendent detailed instructions and 
proper forms for the presentation of nominees. Each district 
superintendent is invited to nominate one teacher employed 
by the district. The Department of Education shall meet 
annually with the district coordinators of the Teacher of the 
Year Program and the coordinator for the charter schools for 
the purpose of providing them with detailed instructions and 
proper forms for the presentation of nominees. Each district 
is invited to nominate one teacher employed by the district 
and the charter schools are invited to select one nominee to 
represent all of the charter schools.
2.2Nominees shall be skillful and dedicated teachers, 
pre-kindergarten through Grade 12, who plan to continue as 
teachers. Personnel whose main responsibilities are 
administrative or supervisory, such as principals or guidance 
counselors, are not eligible.
2.3Nominees shall have the respect and admiration of 
students, parents, and co-workers. They should play active 
and useful roles in their communities as well as in their 
schools. They should be poised and articulate and have the 
energy and equanimity to be able to withstand a busy 
schedule.
2.4The most important qualification is a superior 
ability to inspire students of all backgrounds and abilities to 
learn.
2.5 2.3Each district Nominees shall submit a portfolio 
describing the nominee themselves and setting forth her or 
his their positions on educational issues. Format will be 
based on that of the National Teacher of the Year program.
2.6Staff members of the Department shall review each 
portfolio and shall observe each teacher at work. Based on 
reading of the portfolios and observations, the Department 
selectors will designate not more than five finalists for 
consideration by judges.
2.7Judges from outside of the Department shall 
evaluate the finalists. Those invited as judges will be the 
three most recent previous state Teachers of the Year; the 
president of the State PTA; the president of the State Student 
Council Association; and a member of the State Board of 
Education.
2.8The judges shall recommend one person for the 
Secretary of Education to declare as state Teacher-of-the-
Year.
2.4Following the submission of the portfolios, selected 
Department of Education staff members and selected former 
state and local district Teachers of the Year shall be assigned 
in pairs to read the portfolios of two nominees and observe 
those nominees in the classroom based on the criteria 
stipulated in the Teacher of the Year Nomination Information 
Document that is updated each year. Another group of 
Department of Education Staff members are assigned to read 
all of the portfolios and rate them based on forms found in 
the Teacher of the Year Nomination Information Document. 
Based on the numerical ratings from both the portfolio 
readers and from the observations, three nominees shall be 
identified as finalists for consideration by a panel of judges.
2.5The panel of judges shall include: the current State 

Teacher of the Year; the President of the State Congress of 
Parents and Teachers; the President of the State Student 
Council Association; a member of the State Board of 
Education; a representative of the Chamber of Commerce; 
the President of the Delaware State Education Association; 
and the Chair of the Professional Standards Board or, if 
necessary, their designees.
2.6The judges shall recommend one person for the 
Secretary of Education to declare as the State Teacher of the 
Year.
See 3 DE Reg. 104 (7/1/99)
Education Impact Analysis
Pursuant To 14 DEL. C. Section 122(d)
511 Credit Requirements for High School Graduation
515 High School Diplomas and Certificate
of Performance
520 Options for Awarding Credit Toward High School 
Graduation
A.Type of Regulatory Action Required
Amendment to Existing Regulations
B.Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the 
State Board of Education to amend regulations 511 Credit 
Requirements for High School Graduation, 515 High School 
Diplomas and Certificate of Performance and 520 Options 
for Awarding Credit Toward High School Graduation by 
combining them into a single regulation 505 High School 
Graduation Requirements and Diplomas. Regulation 520 
Options for Awarding Credit Toward High School 
Graduation was under review as per the five year review 
cycle and the Department decided that combining these three 
regulations was a more efficient and helpful method of 
presenting the regulatory material contained in these 
regulations. In 2.1.5 the words nationally accredited were 
removed from correspondence schools because the meaning 
was not universally understood and in addition, schools and 
districts make the primary decision as to the quality of any 
correspondence schools under consideration for use for high 
school credit.
C.Impact Criteria
1.Will the amended regulation help improve student 
achievement as measured against state achievement 
standards? The amended regulation simply combines three 
separate regulations into a single regulation for clarity and 
ease of use.
2.Will the amended regulation help ensure that all 
students receive an equitable education? The amended 
regulation simply combines three separate regulations into a 
single regulation for clarity and ease of use.
3.Will the amended regulation help to ensure that all 
students’ health and safety are adequately protected? The 
amended regulation simply combines three separate 
regulations into a single regulation for clarity and ease of 
use.
4.Will the amended regulation help to ensure that all 
students’ legal rights are respected? The amended regulation 
simply combines three separate regulations into a single 
regulation for clarity and ease of use.
5.Will the amended regulation preserve the necessary 
authority and flexibility of decision making at the local 
board and school level? The amended regulation will 
preserve the necessary authority and flexibility of decision 
making at the local board and school level.
6.Will the amended regulation place unnecessary 
reporting or administrative requirements or mandates upon 
decision makers at the local board and school levels? The 
amended regulation will not place any unnecessary reporting 
or administrative requirements or mandates upon decision 
makers at the local board and school levels.
7.Will the decision making authority and 
accountability for addressing the subject to be regulated be 
placed in the same entity? The decision making authority 
and accountability for addressing the subject to be regulated 
will remain in the same entity.
8.Will the amended regulation be consistent with and 
not an impediment to the implementation of other state 
educational policies, in particular to state educational 
policies addressing achievement in the core academic 
subjects of mathematics, science, language arts and social 
studies? The amended regulation will be consistent with and 
not an impediment to the implementation of other state 
educational policies, in particular to state educational 
policies addressing achievement in the core academic 
subjects of mathematics, science, language arts and social 
studies.
9.Is there a less burdensome method for addressing 
the purpose of the amended regulation? The amended 
regulation simply combines three separate regulations into a 
single regulation for clarity and ease of use.
10.What is the cost to the State and to the local school 
boards of compliance with the amended regulation? There is 
no additional cost to State and to the local school boards of 
compliance with the amended regulation.
515 High School Diplomas and Certificate of 
Performance
1.0A State sanctioned diploma shall be granted to 
students who meet the state and local district requirements 
for graduation pursuant to regulation 511 Credit 
Requirements for High School Graduation and to 14 Del.C. 

§152(b)(c)and(d).
2.0A State sanctioned certificate of performance will 
be granted to students who meet the requirements of 14 Del. 
C. §152 (e).
3.0Diplomas from one school year shall not be issued 
after December 31 of the next school year. 
4.0Duplicate diplomas or certificates of performance 
will not be issued, but legitimate requests for validation of 
the diploma or the certificate of performance will be satisfied 
through a letter of certification. Requests for diploma 
information from graduates of Delaware high schools should 
be directed to the high school the student was attending at 
the time of graduation. If the school does not have the 
records then the student should contact the Department of 
Education in Dover for a notarized letter of certification that 
contains the name of the applicant, the name of the school, 
the date of graduation, and the diploma registry number (if 
available).
5.0State High School Diploma for World War II 
veterans pursuant to 14 Del. C. § 159 (a) (b) (c)) 
5.1“World War II Veteran” means any veteran 
who performed wartime service between December 7, 1941 
and December 31, 1946. If the veteran was in the service on 
December 31, 1946, continuous service before July 16,1947 
is considered World War II. 
5.2The Department of Education shall provide a 
high school diploma to any World War II veteran who: 
5.2.1Left a Delaware high school prior to 
graduation in order to serve in the armed forces of the United 
States.
5.2.2Did not receive a high school 
diploma, or received a G.E.D., as a consequence of such 
service and,
5.2.3Was discharged from the armed forces 
under honorable circumstances. 
5.3The diploma may also be awarded 
posthumously if the deceased veteran meets the 
qualifications in 4.2.1 through 4.2.3. 
5.4Applications for this high school diploma shall 
be made on forms designated by the Delaware Department 
of Education and the Delaware Commission of Veterans 
Affairs and shall have a copy of the candidate’s honorable 
discharge papers attached to the application. 
See 5 DE Reg. 625 (9/1/01)
520 Credit Requirements for High School Graduation
1.0No public Credit Requirements for High School 
Graduationblic school student shall be granted a State of 
Delaware Diploma unless such student shall have 
successfully completed a minimum of twenty-two credits in 
order to graduate including:
4 credits in English Language Arts, 3 credits in 
mathematics, 3 credits in science, 3 credits in social studies, 
1 credit in physical education, 1/2 credit in health, 1 credit in 
computer literacy, 3 credits in a career pathway, and 3 1/2 
credits in elective courses.
1.1Definitions:
1.1.1“Credit” means a minimum of 135 hours 
of actual classroom instruction or a demonstration of 
competency.
1.1.2“Credit for Computer Literacy” means 
credit granted toward graduation at any point when the 
student can demonstrate competency in the required skill 
areas either through an integrated approach, a specific 
course, or a demonstration of accumulated knowledge over 
the student’s educational career.
1.1.3“Career Pathway” means a planned 
program of sequenced or specialized courses designed to 
develop knowledge and skills in a particular career or 
academic area.
2.0Local school boards may establish requirements over 
and above the minimum number of credits required by the 
State Department of Education.
See 4 DE Reg. 995 (12/1/00)
520 Options for Awarding Credit Toward High School 
Graduation
1.0The following options are approved by the Department 
of Education as means for awarding credit toward high 
school graduation. In all cases listed the option or options 
selected shall be approved ahead of time by the local school 
board or their designee(s) and shall incorporate the 
appropriate state content standards.
1.1Courses taken at or through an accredited 
community college, two or four year college.
1.2Voluntary community service as defined in 14 
Del.C. §§ 8901A, 8902A.
1.3Supervised work experience in the school and the 
community which meets the educational objectives or 
special career interest of the individual student.
1.4Independent Study.
1.5Nationally Accredited Correspondence Courses.
1.6Distance Learning Courses. These courses may be 
synchronous or asynchronous via videos or online format.
1.7High school courses taken while in the middle 
school in conjunction with an articulated agreement between 
the district middle school and the district high school(s). 
1.8Course credit transferred from another high school.
1.9Course credit earned through summer or evening 
school classes, as a member of the military service and/or as 
part of the James H. Groves Adult High School.
1.10Tutoring programs taught by a teacher certified in 
the subject being taught.
1.11Course credit awarded by agencies or 
instrumentalities of the state other than public schools which 

provide educational services to students. A description of 
the program provided to the student, grades given, and the 
number of clock hours of instruction or a demonstration of 
competency must be provided to the school district prior to 
receipt of credit.
See 2 DE Reg. 1542 (3/1/99)
505 High School Graduation Requirements and 
Diplomas
1.0Credit Requirements
1.1No public school student shall be granted a State of 
Delaware Diploma unless such student shall have 
successfully completed a minimum of twenty-two credits in 
order to graduate including: 4 credits in English Language 
Arts, 3 credits in mathematics, 3 credits in science, 3 credits 
in social studies, 1 credit in physical education, 1/2 credit in 
health, 1 credit in computer literacy, 3 credits in a career 
pathway, and 3 1/2 credits in elective courses.
1.2Definitions:
1.2.1“Credit” means a minimum of 135 hours 
of actual classroom instruction or a demonstration of 
competency.
1.2.2“Credit for Computer Literacy” means 
credit granted toward graduation at any point when the 
student can demonstrate competency in the required skill 
areas either through an integrated approach, a specific 
course, or a demonstration of accumulated knowledge over 
the student’s educational career.
1.2.3“Career Pathway” means a planned 
program of sequenced or specialized courses designed to 
develop knowledge and skills in a particular career or 
academic area.
1.3Local school boards may establish requirements 
over and above the minimum number of credits required by 
the State Department of Education.
See 4 DE Reg. 995 (12/1/00)
2.0Options for Awarding Credit Toward High School 
Graduation
2.1The following options are approved by the 
Department of Education as means for awarding credit 
toward high school graduation. In all cases listed the option 
or options selected shall be approved ahead of time by the 
local school board or their designee(s) and shall incorporate 
the appropriate state content standards.
2.1.1Courses taken at or through an accredited 
community college, two or four year college.
2.1.2Voluntary community service as defined in 
14 Del.C. §§ 8901A, 8902A.
2.1.3Supervised work experience in the school 
and the community which meets the educational objectives 
or special career interest of the individual student.
2.1.4Independent study.
2.1.5Correspondence Courses.
2.1.6Distance learning courses. These courses 
may be synchronous or asynchronous via videos or online 
format.
2.1.7High school courses taken while in the 
middle school in conjunction with an articulated agreement 
between the district middle school and the district high 
school(s). Such credit shall also transfer to a high school in 
another district.
2.1.8Course credit transferred from another 
high school.
2.1.9Course credit earned through summer or 
evening school classes, as a member of the military service 
and/or as part of the James H. Groves Adult High School.
2.1.10Tutoring programs taught by a teacher 
certified in the subject being taught.
2.1.11Course credit awarded by agencies or 
instrumentalities of the state other than public schools which 
provide educational services to students. A description of 
the program provided to the student, grades given, and the 
number of clock hours of instruction or a demonstration of 
competency must be provided to the school district prior to 
receipt of credit.
See 2 DE Reg. 1542 (3/1/99)
3.0High School Diplomas and the Certificate of 
Performance
3.1A State sanctioned diploma shall be granted to 
students who meet the state and local district requirements 
for graduation pursuant to regulation 14 Del. C. §152 (a) (b) 
(c) and (d).
3.2A State sanctioned certificate of performance will 
be granted to students who meet the requirements of 14 Del. 
C. §152 (e).
3.3Diplomas from one school year shall not be issued 
after December 31 of the next school year. 
3.4Duplicate diplomas or certificates of performance 
will not be issued, but legitimate requests for validation of 
the diploma or the certificate of performance will be satisfied 
through a letter of certification. Requests for diploma 
information from graduates of Delaware high schools should 
be directed to the high school the student was attending at 
the time of graduation. If the school does not have the 
records then the student should contact the Department of 
Education in Dover for a notarized letter of certification that 
contains the name of the applicant, the name of the school, 
the date of graduation, and the diploma registry number (if 
available).
3.5State High School Diploma for World War II 
veterans pursuant to 14 Del. C. §159 (a) (b) (c)) 
3.5.1“World War II Veteran” means any veteran 
who performed wartime service between December 7, 1941 
and December 31, 1946. If the veteran was in the service on 
December 31, 1946, continuous service before July 16, 1947 

is considered World War II. 
3.5.2The Department of Education shall 
provide a high school diploma to any World War II veteran 
who: 
3.5.2.1Left a Delaware high school prior to 
graduation in order to serve in the armed forces of the United 
States.
3.5.2.2Did not receive a high school 
diploma, or received a G.E.D., as a consequence of such 
service and,
3.5.2.3Was discharged from the armed forces 
under honorable circumstances. 
3.5.3The diploma may also be awarded 
posthumously if the deceased veteran meets the 
qualifications in 3.5.2.1 through 3.5.2.3. 
3.5.4Applications for this high school diploma 
shall be made on forms designated by the Delaware 
Department of Education and the Delaware Commission of 
Veterans Affairs and shall have a copy of the candidate’s 
honorable discharge papers attached to the application. 
See 5 DE Reg. 625 (9/1/01)
PROFESSIONAL STANDARDS BOARD
Educational Impact Analysis Pursuant to
14 Del.C. Section 122 (D)
120 Required Inservice Training Activities for Delaware 
Public School Administrators
A. Type Of Regulatory Action Requested
Repeal
B.Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and 
collaboration with the Department of Education seeks the 
approval of the State Board of Education to repeal regulation 
120 Required Inservice Training Activities for Delaware 
Public School Administrators. This regulation concerns the 
requirement for administrators to successfully complete 15 
hours of professional development annually. It is necessary 
to repeal this regulation as the subject is regulated by 
regulation 1511 Issuance and Renewal of Continuing 
License, which is in compliance with 14 Del. C. § 1211 and 
§ 1213. Regulation 120 is, therefore, no longer necessary.
C.Impact Criteria
1.Will the repeal of the regulation help improve 
student achievement as measured against state achievement 
standards? The repealed regulation concerns professional 
development for educators, not student achievement.
2.Will the repeal of the regulation help ensure that all 
students receive an equitable education? The repealed 
regulation concerns professional development for educators, 
not equitable education for students.
3.Will the repeal of the regulation help to ensure that 
all students’ health and safety are adequately protected? The 
repealed regulation concerns professional development for 
educators, not students’ health and safety.
4.Will the repeal of the regulation help to ensure that 
all students’ legal rights are respected? The repealed 
regulation addresses educator professional development, not 
students’ legal rights.
5.Will the repealed regulation preserve the necessary 
authority and flexibility of decision makers at the local board 
and school level? The repeal of the regulation will preserve 
the authority and flexibility of decision makers at the local 
board and school level.
6.Will the repealed regulation place unnecessary 
reporting or administrative requirements or mandates upon 
decision makers at the local board and school levels? The 
repeal of the regulation will not place unnecessary reporting 
or administrative requirements or mandates upon decision 
makers at the local board and school levels.
7.Will 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 regulation to be repealed 
rests with the Professional Standards Board, in collaboration 
and cooperation with the Department of Education, and with 
the consent of the State Board of Education.
8.Will the repeal of 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 repeal of the 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 repeal of regulation? The repeal of the 
regulation is designed to reduce the burden placed on school 
districts.
10.What is the cost to the state and to the local school 
boards of compliance with the repeal of the regulation? 
There will be no cost to the state or to local school boards 
resulting from the repeal of the regulation.
120 Required Inservice Training Activities for Delaware 
Public School Administrators
1.0All administrators responsible for the supervision, 
management and evaluation of instruction shall complete a 

minimum of 15 clock hours of staff development between 
July 1 and June 30 of each year, beginning July 1, 1988. The 
purpose for this staff development program is to assist new 
administrators to obtain and veteran administrators to 
maintain skills in and knowledge of effective teaching, staff 
supervision and evaluation, and building management.
1.1Persons newly appointed to administrative 
positions responsible for the supervision, management and 
evaluation of instruction and who do not have backgrounds 
in or experience with effective teaching and/or training in the 
use of the Delaware Performance Appraisal System shall 
contact the Department of Education to make arrangements 
to receive training in these two areas.
1.1.1Such training may be provided by a local 
school district or through DOE and shall include a minimum 
of 15 clock hours in effective teaching and 15 clock hours in 
the use of the Delaware Performance Appraisal System.
1.1.2These hours shall count toward the 
minimum 15 clock hour requirement.
1.2School districts shall maintain written records of 
each administrator’s participation in staff development 
programs. Once an administrator has accumulated a total of 
forty-five clock hours of training, but no less than a 
minimum of fifteen clock hours in any one year, the district 
superintendent shall forward a signed copy of that 
administrator’s record on a form approved by the 
Department to the Department of Education. A certificate 
will then be sent to the district superintendent to be awarded 
to the administrator along with the verification of three 
inservice credits by the Department of Education. An 
administrator may then begin accumulating another forty-
five clock hours of training realizing that no previous 
training is to be repeated if credit is desired. Cumulative 
records for each administrator will be kept by the 
Department of Education.
1.3Department of Education staff who are responsible 
for the supervision, management and evaluation of 
instruction shall complete a minimum of 15 clock hours of 
staff development between July 1 and June 30 of each year.
1.4Administrators at the local or state level, not 
responsible for the supervision, management and evaluation 
of instruction may, but are not required to, complete the 
minimum of 15 clock hours of staff development each year.
1.5A variety of programs will be available to 
administrators for meeting the required hours of staff 
development. Options include:
1.5.1Delaware Principal’s Academy programs 
in management, evaluation and effective instruction.
1.5.2Workshops for administrators sponsored 
by the Department of Education and/or school districts in 
management, evaluation and effective instruction.
1.5.3Special programs and institutes co-
sponsored by the University of Delaware and the 
Department of Education in management, evaluation and 
effective instruction.
1.5.4Graduate level college courses in 
management and evaluation.
1.5.5Programs related to management and 
evaluation which are offered by state or national educational 
or professional organizations.
1.5.6Workshops, seminars, and institutes 
provided by institutions or organizations from the public or 
private sector in management or evaluation.
DEPARTMENT OF HEALTH AND 
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS 
PROTECTION
Statutory Authority: 16 Delaware Code,
Section 1101 (16 Del.C. §1101)
PUBLIC NOTICE
The Department of Health and Social Services, Division 
of Long Term Care Residents Protection, has prepared 
regulations setting forth requirements for training Paid 
Feeding Assistants in nursing facilities and assisted living 
facilities. The regulations provide for general requirements 
for Paid Feeding Assistant programs as well as specific 
curriculum requirements and competencies to be 
demonstrated by Paid Feeding Assistants.
These regulations supplement the federal final rule on 
Requirements for Paid Feeding Assistants in Long Term 
Care Facilities published by the Centers for Medicare and 
Medicaid in the Federal Register on September 26, 2003. 
Upon adoption of these regulations, both the federal and 
state regulations pertaining to Paid Feeding Assistants will 
become effective in Delaware.
Invitation For Public Comment
Public hearings will be held as follows:
Tuesday, February 3, 2004, 10:00 AM
Department of Natural Resources and
Environmental Control Auditorium
89 Kings Highway
Dover
Wednesday, February 4, 2004, 9:00 AM 
Room 301, Main Building
Herman Holloway Campus
1901 N. DuPont Highway
New Castle

For clarification or directions, please call Gina 
Loughery at 302-577-6661.
Written comments are also invited on these proposed 
regulations and should be sent to the following address:
Robert Smith
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion 
of the February 4 public hearing.
73.0 Regulations for Training of Paid Feeding Assistants
Introduction
These regulations allow for the use of Paid Feeding 
Assistants, as single task workers, to provide feeding 
assistance in nursing facilities and assisted living facilities. 
To ensure consistency in the training of Feeding Assistants, 
the Division of Long Term Care Residents Protection has 
developed minimum requirements for Feeding Assistant 
training programs. Each Feeding Assistant training program 
shall be approved by the Division of Long Term Care 
Residents Protection. The intent of these regulations is to 
provide more residents with help in eating and drinking, or 
encouraging the resident so that more of the meal is 
consumed, making mealtime a more pleasant experience, 
and potentially reducing the incidence of unplanned weight 
loss and dehydration. The determination of which residents 
may receive assistance from a Feeding Assistant shall be 
based on the needs and potential risks to a resident as 
observed and documented in the resident’s plan of care and 
the comprehensive assessment of the resident’s functional 
capacity.
Section 73.100 – Definitions
73.101Division – The Division of Long Term Care 
Residents Protection.
73.102Feeding Assistant – An unlicensed, uncertified 
person trained to assist residents with nutrition and hydration 
who has successfully completed an initial training program 
and has demonstrated competency.
73.103Feeding Assistant Program - Policies and 
procedures established by a facility to provide supervision of 
Feeding Assistants, resident selection criteria, and 
implementation of Section 73.200 of these regulations.
73.104Instructors – Registered nurses, advanced 
practice nurses, dietitians, speech pathologists, or a 
combination of such professionals, who train Feeding 
Assistants.
73.105Resident – A person admitted to a nursing 
facility or assisted living facility licensed pursuant to 16 Del. 
C., Chapter 11.
73.106Student – A person enrolled in an approved 
Feeding Assistant training program.
73.107Supervision – Direct oversight by a registered 
nurse or licensed practical nurse who is in the unit or on the 
floor where feeding assistance is furnished.
73.108Supervisory Nurse - The nurse who is 
responsible for a specific area of a facility such as a floor or 
unit.
Section 73.200 – General Requirements
73.201Facilities implementing Feeding Assistant 
Programs shall have policies and procedures in place that 
include each item in Section 73.200.
73.202Facilities implementing Feeding Assistant 
Programs shall strictly limit the responsibilities of each 
Feeding Assistant.
A.The facility shall ensure that each Feeding 
Assistant performs only those duties for which he/she has 
been specifically trained.
B.The facility shall ensure that each Feeding 
Assistant seeks assistance from other members of the 
resident care team for all resident needs other than nutrition/
hydration.
73.203Each Feeding Assistant employed by any 
facility either as facility or contract/agency staff shall be 
required to meet the following:
A.Each unlicensed or uncertified individual who 
feeds and hydrates residents in a facility, with the exception 
of family members and volunteers, shall complete a Feeding 
Assistant training program approved by the Division of Long 
Term Care Residents Protection.
B.Feeding Assistants shall be required to 
successfully complete an approved Feeding Assistant 
training program before providing nutrition/hydration to 
residents.
C.A Feeding Assistant may provide nutrition/
hydration to a resident only under the supervision of a 
registered nurse or licensed practical nurse who is present in 
the unit or on the floor where the task is performed and is 
readily available to provide assistance to the Feeding 
Assistant when needed.
D.A Feeding Assistant may provide nutrition/
hydration only for those residents who have been assessed 
and approved by the supervisory nurse for such assistance. 
The resident assessment shall be based on the needs of, and 
potential risks to, the resident as observed and documented 
in the resident’s written plan of care and the latest 
comprehensive assessment of the resident’s functional 
capacity.
E.A Feeding Assistant shall not feed residents 
who are assessed to have complicated feeding problems such 
as recurrent lung aspirations, difficulty swallowing, feeding 
tubes, parenteral/IV feedings, chronic coughing or choking.

F.The supervisory nurse shall request a physician 
referral to a speech pathologist for an assessment of a 
resident served by a Feeding Assistant when indicated, e.g., 
when there has been a change in the resident’s swallowing 
ability.
73.204Participating facilities shall maintain records 
regarding the following:
A.The names of Feeding Assistants hired solely 
to provide nutrition and hydration.
B.The names of Feeding Assistants performing 
additional paid tasks in the facility.
C.The names of residents served by the Feeding 
Assistants.
73.205The facility shall have policies and procedures 
in place to assure that Feeding Assistants report and record 
appropriate observations made while providing nutrition and 
hydration to nursing staff.
73.206The resident’s record shall have documentation 
that the resident may be fed by a Feeding Assistant. 
Examples of such documentation include care plans, 
minimum data sets, uniform assessment instruments and 
flow charts.
73.207The facility shall maintain a list of facility staff 
qualified to train Feeding Assistants.
73.208Feeding Assistants shall not be counted toward 
meeting any minimum staffing requirement.
Section 73.300 – Feeding Assistant Training Program 
Requirements
73.301General Training Requirements
A.Each Feeding Assistant training program shall 
be approved by the Division.
B.To obtain approval, the curriculum content for 
the Feeding Assistant training programs shall meet each of 
the following requirements:
1.The program shall be a minimum of 12 
hours to include classroom instruction and demonstrated 
competency.
2.Classroom instruction and demonstrated 
competency in each requirement shall be completed prior to 
students providing resident nutrition/hydration. Programs 
shall maintain documentation of completion of 
requirements.
3.At the completion of training, each student 
who has satisfactorily completed a Feeding Assistant 
training program shall be provided with documentation of 
completion of a Delaware Feeding Assistant Program which 
shall be transferable among facilities with Feeding Assistant 
programs.
4.The instructor shall directly supervise 
students at all times while students are demonstrating 
competency.
5.Programs shall notify the Division in 
writing when changes to the program or the instructors are 
made.
73.302Curriculum Content
A.Feeding Assistant Role and Function
1.On-the-job conduct, appearance, 
grooming, personal hygiene and ethical behavior.
2.Responsibilities and limitations of a 
Feeding Assistant.
(a)A Feeding Assistant shall perform 
only those duties for which he/she has been specifically 
trained.
(b)A Feeding Assistant shall seek 
assistance from other members of the resident care team for 
all resident needs other than nutrition/hydration. 
3.Reporting and documenting incidents.
4.Knowledge of the “chain of command” in 
the facility.
5.Importance of punctuality and 
commitment to the job.
B.Resident Rights
1.Providing dignity and maintaining 
confidentiality.
2.Promoting the resident’s right to make 
personal choices to accommodate individual needs.
3.Maintaining care and security of resident’s 
personal possessions.
4.Providing care which ensures that the 
resident is free from abuse, mistreatment, neglect or 
financial exploitation.
C.Psychosocial Factors
1.Verbal and non-verbal communication and 
interpersonal skills with residents, including those with 
dementia.
2.Religious, ethnic and personal food 
preferences.
D.Appropriate Responses to Resident Behaviors
1.Identifying behaviors which require 
assistance from professional staff.
2.Recognizing and reporting changes in 
residents that are inconsistent with their normal behavior.
3.Distinguishing between normal eating and 
drinking behaviors and those which need to be reported. 
E.Safety and Emergency Procedures
1.Recognizing emergencies which require 
assistance from other members of the resident care team.
2.Learning appropriate use of the resident 
call system.
3.Identifying when a resident is choking.
4.Learning how to perform the Heimlich 
maneuver.
F.Nutrition/Hydration
1.Understanding of therapeutic diets, 
supplements and dietary restrictions, including consistency 
restrictions.
2.Understanding of fluid needs and 

restrictions.
3.Understanding tips to encourage intake.
4.Understanding of food substitution policy.
5.Understanding use of special feeding 
devices, including use of straws when deemed appropriate 
and beneficial to a resident.
6.Understanding the components of a 
healthy diet.
7.Understanding factors that cause higher 
risk for nutrition and hydration problems. 
G.Infection Control
1.Knowledge of proper hand washing and 
hygiene.
2.Knowledge of disease transmission and 
infection prevention.
H.Monitoring and Reporting Intake
1.Fluids
(a)Identifying amounts consumed 
according to facility policy and procedures.
(b)Identifying items that are liquid or 
classified as liquid.
(c)Recording liquid intake accurately.
2.Foods
(a)Identifying percentage of food 
consumed according to facility policy and procedure.
(b)Recording amount eaten accurately.
(c)Reporting food-related resident 
problems.
73.303Competencies
A.Feeding Techniques
1.Check resident’s identification and diet 
card to ensure that resident has received the correct tray.
2.Provide resident with napkin and clothing 
protector, as needed.
3.Describe selection and location of foods 
on tray.
4.Assist resident with food preparation, as 
needed.
5.Observe to make sure each mouthful of 
food is swallowed before more is ingested.
6.Offer liquids at intervals with solid food.
7.Record food and fluid intake separately 
and accurately.
B.Social/Environmental Factors
1.Encourage resident to eat independently, if 
appropriate.
2.Provide cuing and prompting during meals 
as needed.
3.Make pleasant conversation, but refrain 
from asking questions while the resident has food in his/her 
mouth or asking questions that require lengthy answers.
4.Never rush the resident while feeding.
5.Sit next to the resident to convey an 
unhurried feeling.
6.Keep the resident focused on eating. 
Avoid distractions. 
7.Be aware of infection control techniques, 
including avoidance of blowing on hot food and sharing or 
sampling resident’s meal.
C.Special Needs
1.Use hand on hand to assist resident, as 
needed.
2.Help resident to grasp eating utensils and 
beverage containers.
3.Help resident with assistive devices such 
as plate guards and adaptive eating utensils.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 ( 31 Del.C. §107)
PUBLIC NOTICE
Temporary Assistance For Needy Families 
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 Division of Social Services Manual 
(DSSM) as it relates to the Temporary Assistance for Needy 
Families (TANF) program.
Any person who wishes to make written suggestions, 
compilations of data, testimony, briefs or other written 
materials concerning the proposed new regulations must 
submit same to Sharon L. Summers, Policy and Program 
Implementation Unit, Division of Social Services, P.O. Box 
906, New Castle, Delaware by January 31, 2004.
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
•Revised definition of unemployable so that DSS 
can count nursing assistant type duties without pay 
as work.
•Added vocational rehabilitation, nursing assistant 
type duties without pay, and, generic language that 
will permit Bridge Program as work activities.
•Revised TANF supportive services section to reflect 
that DSS contracted vendors now handles this 
function.

•Corrected manual language so that the third (3rd) 
sanction for school attendance is not permanent but 
curable.
•Corrected discrepancy in the manual on how to 
determine assistance groups and budget groups for 
needy non-relative adults who are caring for a 
minor child.
•Added clarifying language in the Diversion 
Assistance policy that will assist staff in making 
determinations.
•Added language to reflect that the Division of Child 
Support Enforcement (DCSE) cannot accept child 
support payments unless DCSE has a Delaware 
order in place.
DSS PROPOSED REGULATION #03-42
REVISIONS:
1009Procedures for Serving Non-English Speaking 
Clients
Non-English speaking clients who need an interpreter 
will be identified by the receptionist at the time of arrival. 
The receptionist will notify the unit supervisor who will 
make arrangements for a bilingual staff person or contracted 
vendor to translate for the client.
DSS has contracts for translation services with the 
following:
• EDS (1-800-996-9969 and press Option 8),
•Family and Children Services of Delaware, Inc. 
(655-6486),
•Cammie Santiago-Hall (410-548-4740 or 
HARBORRD@aol.com), 
•Latin American Community Center (655-7338); 
and 
•Para-Plus Translations, Inc. (1-800-558-3011).
For complete detailed procedures in accessing these 
services read the most recent administrative notice on 
translation services.
3001Definitions
J. PAY AFTER PERFORMANCE - A work 
experience program is required for families with employable 
adults where the adult has either not found employment or 
have lost a job. Families who were continuously on TANF 
prior to 01/01/2000 will have 24 months before being 
required to enter into this program. Families applying or 
reapplying on/or after 01/01/2000 will immediately enter 
this program. Participants will work to earn TANF benefits. 
M.UNEMPLOYABLE - the inability to engage in 
activities necessary to work for at least the minimum wage; 
the person is prohibited either because s/he is caring for a 
disabled family member or s/he is physically or mentally 
disabled. The disabled family member can either be living 
in the home or outside of the home but must be within the 
5th degree of relationship to the adult caring for him or her. 
An unemployable individual cannot participate in 
employment or activities necessary to seek and obtain 
employment, e.g., job search, job training, job readiness, etc. 
The determination and duration of unemployability are 
made by a health care professional (e.g., doctor, nurse, nurse 
practitioner, therapist, etc.). Periods of unemployability are 
not counted toward the cumulative months of benefit 
eligibility under the time-limited program.
3006.3TANF Employment and Training Activities
The Division of Social Services, in conjunction with the 
Delaware Department of Labor and the Delaware Economic 
Development Office, has developed employment and 
training programs to move TANF clients to economic 
independence self-sufficiency. These agencies will conduct 
initial and ongoing assessments of client employability and 
appropriateness of employment and training related 
activities. For individuals deemed unable to work because s/
he is physically or mentally disabled a referral is to be made 
to the Division of Vocational Rehabilitation. Use Form 134.
The Division will establish agreements with the 
Delaware Department of Labor and the Delaware Economic 
Development Office to employment and training activities.
The goal is to place the adult recipient in an 
unsubsidized job in as timely a manner as possible. The 
Department of Labor will have the option of recycling 
through job search those adult recipients who are 
unsuccessful in finding work, and/or placing the adult 
recipient in an alternative work experience, OJT, 
remediation, or a skills training program. Also, both the 
Division and the Department of Labor are jointly responsible 
for the development of an Employability Development Plan.
Although the Department of Labor assumes primary 
responsibility for assigning adult recipients to employment-
related activities for this age group, the Division retains 
responsibility for supportive services, sanctions, federal 
reporting and other TANF requirements.
3006.4TANF Employment and Training Activities 
Which Constitute Participation Under TANF
The following are employment-related activities 
counting as participation:
•Education, training and job search activities. with 
the types and length of education, training and job 
search determined on an individual basis depending 
on age and other relevant factors; The Eligibility 
eligibility will be determined by the employment 
contractors.
•Pay-after-performance work experience, with the 

hours determined by dividing the benefits by the 
minimum wage, plus up to 10 hours of job search 
weekly;
•Regular school attendance or appropriate 
alternative activity (e.g. training or employment) 
for dependent children and minor parents;
•Job search may be required for applicants and 
recipients.
•Vocational Rehabilitation program for eligible 
recipients.
•Nursing or nursing assistant activities performed 
without pay are considered work experience.
•Other work-related activities that assist in obtaining 
or maintaining employment or improving work 
performance.
3007TANF Supportive Services and Transitional 
Benefits
The Division will ensure that Supportive Services, such 
as child care, transportation as required to participate in 
employment and training activities, and assistance with other 
work-related expenses (as defined in the State Supportive 
Services Plan) are available. The Division will ensure the 
availability of these services, to the extent it determines they 
are necessary for a recipient to participate. The Division will 
provide child care in accordance with its Child Care policy 
as outlined in Section 11000.
Currently child care is provided in accordance with 
child care policy in DSSM 11000. All other supportive 
services are included and provided by the vendors as 
specified in the employment contracts.
TANF pays a Support services are based on the actual 
cost of services. The limit is imposed when the cost exceeds 
the maximum allowed. Participants are not automatically 
entitled to the maximum cost. Support services are paid or 
reimbursed to the participant based on the verified actual 
amount and the participant's need.
3007.1Child Care
The State IV-A agency must guarantee child care for a 
dependent child(ren) who resides in the home and who is:
•under 13, 
•or children 13 or and older who is are physically or 
mentally handicapped incapable of caring for 
themselves, or under court order requiring adult 
supervision 
•or active with the Division of Family services. 
and for A child who would be a dependent child except 
for the receipt of benefits under SSI or foster care payments 
can receive child care, to the extent that such child care is 
necessary to permit an a TANF eligible family member to:
A.accept employment or remain employed; or
B.participates in an approved TANF Employment and 
Training education or training activity (including self-
initiated education or training). participate in an approved 
education or training activity under First Step - TANF 
(including self-initiated education or training). 
Payment may be made or continued when the 
participant is waiting for entry into employment on an 
approved education training, or First Step - TANF 
components for: to begin an approved TANF Employment 
and Training component for: for entry into employment on 
an approved education training, or First Step - TANF 
components for:
A.up to two weeks; or
B.up to 30 days if it is verified that the child care 
arrangement would be lost if payment is not made or 
continued.
NOTE: Refer to the Child Care Subsidy Manual 11000 for 
further information.
3007.2Fees
Fees include purchase of either certificates, licenses or 
testing needed for education or to obtain employment, such 
as Commercial Divers License (CDL) or license for nursing 
assistants, and GED test fees.
A.Basis For Determining Need: Evaluate each 
education testing or licensing request on an individual basis. 
Give consideration for jobs where such licenses are 
necessary for employment or to obtain such employment. 
Education testing includes GED test fees.
B.Monetary Limit of Service / Expense: Verified 
actual cost up to $200.00 per individual for licensing and/or 
testing per occurrence as determined by need.
3007.3CWEP Payments
A.CWEP payments include reimbursement to the 
participant or vendor payment to the provider for the 
following costs: purchase of lunch, personal grooming aids, 
clothing, and transportation.
CWEP payments include reimbursement for purchase of 
lunch, as well as needed personal grooming aids, in order to 
enhance participation in CWEP. In addition, payments can 
be made to help CWEP participants purchase clothes for 
wear at their community placement sites. 
CWEP activity involves real job situations in a general 
office environment. For this reason, it is important for 
participants to look and dress appropriately. Looking and 
dressing well also adds to feelings of self-worth and can lead 
to a positive attitude toward work. Payments for lunches, 
grooming aids and clothing help to support CWEP 
participants in the performance of their CWEP activities and 
creates a beneficial atmosphere for CWEP participation.
CWEP payments may also include transportation 
expenses. These costs are paid above and beyond the lunch 

and grooming payments.
A.Basis for Determining Need: A participant’s ability 
to afford this expense.
B.Monetary Limit of Service / Expense: 
1.Verified actual cost up to $4.00 per day per 
participant up to $92.00 per month as determined by need, 
for lunch and grooming aids. Need is determined by actual 
attendance at the CWEP site. Verify attendance by receipt of 
the attendance sheet completed by the CWEP agency and 
signed by the participant.
2.Verified actual cost up to $150.00 per 
participant as determined by need, for clothing voucher. 
This service may be paid one time only. 
3.Provide bus tokens to cover the expense of 
public transportation and to reimburse for participant 
mileage at $.20 per mile for participants not served by public 
transportation. The transportation limitation is $200 per 
month, per individual. 
PROCEDURE: CWEP Check Stop Payments: Use the 
following procedures to place a stop-payment on a CWEP 
check that is reported by a participant as lost, stolen, or not 
received at least five days after the mailing date:
A.Have the participant sign the Affidavit of Forgery 
and Request for Replacement of Lost Check or ATP (Form 
124) indicating that the CWEP check was not received, or 
was lost or stolen.
B.Complete the Stop Payment or Rescind Payment 
(Form 230) requesting a stop payment on the CWEP check.
C.Forward Form 230 and Form 124 to the Division of 
Management Services.
D.Division of Management Services will mail a 
replacement check to the recipient four working days after 
the receipt of the affidavit. 
B.CWEP Over-Payments
When it is determined that a participant receiving 
CWEP supportive services was actually ineligible for the 
service and thus an over-payment took place, forward all 
pertinent information to the Welfare Fraud Unit. Complete a 
Notice of Overpayment (Form 940). 
NOTE: Refer to DSSM 7001, 7003 to 7009 for procedures 
in such cases.
3007.4Accessories For Work Or Training
These services include purchase of either safety 
equipment, uniforms, shoes, or tools required to participate 
in training or work.
A.Basis for Determining Need: Evaluate each request 
on an individual basis. Give consideration for jobs where 
such safety equipment or tools are required by Office of 
Safety and Health Administration (OSHA) regulations.
B.Monetary Limit of Service / Expense: Verified 
actual cost up to $100.00 per individual, per month as 
determined by need.
3007.5Remedial Medical
A.Physical Exam
1.Basis for Determining Need: When a 
participant is required to undergo a physical exam to 
participate in training or accept employment and such exam 
is not available through a public health facility or covered by 
Medicaid.
2.Monetary Limit of Service / Expense: Verified 
actual cost up to $100.00 per individual, per month as 
determined by need. 
B.Dental Services
1.Basis for Determining Need: When a 
participant's dental condition poses a significant barrier to 
employment.
2.Monetary Limit of Service / Expense: Verified 
actual cost up to $400.00 per individual, per month as 
determined by need. 
C.Eye exams and eyeglasses
1.Basis for Determining Need: When the 
Assessment indicates the individual's vision is impaired, or 
when the individual indicates difficulty in seeing, or when 
the individual needs glasses to continue in a component or 
job.
2.Monetary Limit of Service / Expense: Verified 
actual cost up to $200.00 per individual, per month as 
determined by need.
D.Transportation
Provide bus tokens to cover expense of public 
transportation and to reimburse for participant mileage at 
$.20 / mile for participants not served by public 
transportation.
1.Basis for determining need: Participant must 
live at least 10 blocks from services provided.
2.Monetary limit of Service / Expense: Verified 
actual cost up to $200.00 monthly per individual, as 
determined by need.
3011.1Employment and Training Requirements
Clients must keep appointments with employment and 
training staff, cooperate in the development of the 
Employability Plan, and participate in employment and 
training activities.
Clients who have secured employment are expected to 
continue employment unless they have good cause for 
terminating a job (see Good Cause definition under 3001 
Definitions)
Parents are expected to cooperate with school officials 
and other service providers in helping their child(ren) 
maintain satisfactory attendance. Penalties can be imposed 
if parents do not cooperate. Since parents with children 
under age 16 are expected to exert more influence over their 
children, and since early school attendance is so important in 

moving children down the path to self-sufficiency, this 
requirement is grouped with employment and training and 
work requirements as part of the overall self-sufficiency 
requirements, which invoke harsher penalties for 
noncompliance. (See section DSSM 3012 for requirements 
and sanctions related to cooperation to ensure school 
attendance by children over the age of 16). A third non-
compliance will not result in a permanent but a curable 
penalty of loss of cash benefits. See DSSM 3011.2.
3011.2Sanctions for Failing to Comply With 
Requirements
Self-sufficiency requirements include those related to 
employment and training, work, and cooperation with 
officials to ensure satisfactory school attendance by 
dependents under age 16.
The fiscal sanction for failure without good cause to 
meet school attendance requirements for a child under 16, 
are the same as for other self-sufficiency requirements. This 
includes teen parents who are dependent children.
The penalty for noncompliance with any of the self-
sufficiency requirements will be: 
a)for the first offense, a 1/3 reduction in TANF
b)for the second offense, a 2/3 reduction in 
TANF
c)for the third offense, a loss of all cash benefits.
The duration of the first and second sanctions will each 
be two months or until the person complies, whichever is 
shorter. If, after one month, the person has not complied, 
DSS will schedule an interview to explain again the 
participation requirements. If at the end of the two month 
period there is no demonstrated compliance, the sanction 
will increase to the next level. If the penalty is related to 
work non-compliance then the third penalty is permanent 
loss of benefits, unless the adult is deemed unemployable. 
Then the case may be reopened for the length of time that the 
adult is not able to work. If there is a third penalty and it is 
related to school attendance, it can be cured by the adult 
caretaker cooperating with school officials to remedy the 
situation. 
The penalty for individuals who quit their jobs without 
good cause, but who comply with subsequent job search 
requirements, will be:
a)for a first offense, a 1/3 reduction in TANF, to 
be imposed for a period of two months or until the individual 
obtains a job of equal or higher pay. 
b)for a second offense, a 2/3 reduction in TANF, 
to be imposed for a period of two months or until the 
individual obtains a job of equal or higher pay.
c)for a third offense, a permanent loss of all cash 
benefits.
The penalty for individuals who quit their jobs without 
good cause and do not comply with subsequent job search 
requirements will be loss of all cash benefits for two months 
or until the individual obtains a job of equal or higher pay.
3021Unrelated Children
A needy child (one whose income is less than the GA 
Standard of Need), who lives with an unrelated adult 
caretaker, is technically eligible for General Assistance. The 
caretaker is payee for the child's grant and may be included 
in the GA budget group unit if he/she is also needy and 
meets at least one of the conditions specified in DSSM 3019.
In such cases, DSS will document the child's presence in 
the home and the reason that the child is not living with his/
her parents. The possibility of financial support from the 
parents is also investigated.
In all such cases, the DFS will be notified of the child's 
placement so a study of the home can be made.
3028Assistance Units
3028.1Mandatory Composition of Assistance Units
EXAMPLE: In GA, establish a separate assistance unit 
for an unrelated child and the adult caretaker who is also 
eligible to receive GA on their own. For instance, the 
adult caretaker is age 55 or older. is needed in the home 
to care for an unrelated child under age six. There is no 
other person able to care for the child. Establish two 
separate GA assistance units; one for the caretaker and 
one for the child. They may be in separate budget 
groups. (See DSSM 4001)
3028.2 Optional Composition of Assistance Units
3.In TANF married or unmarried couple cases where 
each adult has children from previous relationships who are 
eligible for TANF, they have the option of being in one 
assistance unit or two separate assistance units. If the unit 
fails financially, a separate assistance unit may be 
established for the child(ren) of the previous relationships.
EXAMPLE: A couple each have a child from previous 
relationships. Initially, we place all the family members 
into one TANF assistance unit. Income from the male 
partner’s job makes the family ineligible for TANF. We 
have the option of placing the female partner and her 
child from a previous relationship into a TANF 
assistance unit. In this scenario, if the couple were 
married, a step-parent situation would exist. If the 
couple were not married, eligibility is based solely on 
the information from the female partner and her child.
8.For children eligible for GA who are living with a 
non-relative caretaker, include the child. The caretaker may 
also be included if the child is under six and the caretaker is 
needy.

EXAMPLE: In GA, establish a separate assistance unit 
for an unrelated child and the adult caretaker who is also 
eligible to receive GA because, the adult caretaker is 
needed in the home to care for an unrelated child under 
age six and there is no other person able to care for the 
child. Establish two separate GA assistance units; one 
for the caretaker and one for the child but keep one 
budget group. (See DSSM 4001)
3032 Diversion Assistance
3032.1.3 Items/Services Covered:
A.The Diversion Assistance payment may be used for 
items and/or services such as but not limited to:
•Transportation (such as vehicle repairs, tires, 
insurance, driver’s license fee, gas, etc.),
•Clothing such as uniforms or other specialized 
clothing and footwear or other employment-related 
apparel,
•Tools and equipment,
•Medical expenses not covered by Medicaid (for 
example, eye glasses),
•Union dues, special fees, licenses or certificates,
•Up-front costs of employment such as agency fees 
and testing fees,
•Unpaid child care expenses which, if they remain 
unpaid, preclude the provision of future child care,
•Relocation expenses for verified employment in 
another county or state. These expenses may 
include:
•Moving equipment rental, gas, and lodging for the 
days of the move, the first month’s rent, rental and 
utility deposit.
B.If transportation is the issue an expectation is that 
there is a discussion with the person regarding the cost 
effectiveness of repairing a vehicle versus purchasing a used 
vehicle or a new vehicle. We can authorize diversion 
assistance to be used as a down payment for purchasing a 
vehicle.
C. If the diversion assistance payment is requested for 
the down payment on a vehicle several things must be 
considered in determining if it is approved. DSS will need to 
determine if the family’s income will be enough to meet the 
regular household expenses such as rent, utilities, and food, 
as well as the costs involved with owning and maintaining a 
vehicle. The costs of owning the vehicle include gas to fuel 
the vehicle, monthly payments, vehicle insurance, and 
maintenance. Consider that fuel costs can vary based on the 
price of gas and the amount needed to drive to and from 
work and other daily life activities when the customer and 
DSS determines the potential monthly expense.
D.The Division of Vocational Rehabilitation has an 
Independent Living Program that will assist with home 
modifications and vehicle modifications. They will not 
purchase the vehicle. The only requirement is that they are 
disabled.   They operate on a first come first serve basis and 
maintain a waiting list. If an individual has another agency to 
assist in the cost sharing they do get served more quickly. If 
we assisted in the purchase of the vehicle they would 
consider this a cost share.   we would see if we could have the 
customer purchase an unmodified vehicle and then have 
DVR help with the modification. Then compare the DVR 
estimate in determining if the person could still accept or 
retain the employment with the expected wait for the 
modification. Call 302-378-5779, if you have a situation for 
which this program may be beneficial. 
Use the following guide to determine if the purchase 
request is fiscally sound and can be reasonably afforded. 
1.Monthly Take Home Pay:$________
2a.Basic Living Expenses:
Mortgage or Rent $______
Utilities_______
Food_______
Clothing _______
Home/Renter Insurance_______
Medical Expense_______
Vehicle Maintenance _______
Vehicle Insurance _______
Gas for Vehicle_______
School Supplies_______
Household Expenses_______
Dependent Care Expenses_______
Other Regular Expenses_______ 
2b.Total Basic Expenses_______ ________
(copy total into second column)
3.Subtract line 2b from line 1________
(take home pay minus basic
expenses)
4.Divide the amount in line 3 by 3
(money left after basic living
expenses ÷3)___________
•Monthly take home pay is the after-tax net income 
received.
•School supplies include the following: pens, 
pencils, notebooks, field trips.
•Household expenses include, but are not limited to, 
the following: cleaning supplies, furniture, laundry 
cost, napkins, and tissues.
•Utilities include the following expenses: gas and /
or electric, heating and cooling, sewer, water, trash 
disposal and telephone. 
•Dependent care expenses are monthly costs for 
child care, after school care, or adult care. 

•Other regular expenses includes all other items for 
which a regular monthly payment is made such as 
other credit card purchases, personal entertainment, 
newspaper delivery or cellular telephone charges.
The money in line 4 is how much can be safely spent on 
monthly payments each month. This guide is to be used 
anytime when the diversion request will result in the person 
making monthly payments to complete the purchase.
The Delaware Money School considers the following 
good money management. Spending from housing costs are 
@40%, utilities are @10%, Food and other grocery items are 
@15%, travel and transportation costs are @15%, savings 
should be @10% and miscellaneous costs of clothing, 
medical, cleaning and bath supplies etc. to be @10% of the 
take home pay. 
NOTE:
It is not for DSS to provide a down payment on 
luxury class new vehicles when other suitable less expensive 
and reliable vehicles for purchase are available. For instance, 
assuming that a specially equipped vehicle is not needed and 
the number of family members can be seated properly in the 
average vehicle, a request for a down payment on a new$30,000 Lexus is to be denied since there are many new 
vehicles that would fit the needs of the requestor and provide 
reliable transportation for much less that amount. That said, 
DSS will not set a monetary value on the vehicle to be 
purchased due to needs such as large family size or 
medically necessary specially equipped vehicles that will 
increase the cost of a vehicle. If all other eligibility and cost 
consideration factors are met and using the guide above the 
family can afford a $20,000 Toyota, diversion assistance can 
be approved if all that is needed is money for a down 
payment.
Documentation Required:
The payment document can be in the form of an invoice, 
bill, or cost estimate. It needs to be on the vendor’s 
letterhead. All payment documents must include the name, 
address, and telephone number of the vendor and an original 
"live" signature. This information is necessary to ensure that 
proper fiscal accountability procedures are followed.
For automobile purchases or down payments the 
amount of purchase, year, make, model, and vehicle 
identification number (VIN) must be included on the 
payment document.
A check is issued to the vendor only. Make sure the 
customer name, customer address, MCI number, time period, 
the specific needs of the family, and the vendor's name and 
address are sent with the written estimate(s). The unit 
supervisor will then approve the diversion payment. The 
supervisor will sign the approval form. Keep a copy of the 
form for the file. Forward the information to the DSS Fiscal 
Office. The information will be then added to a database that 
will keep track of all diversion payments made. Staff will 
need to screen families through this database to make certain 
a person has not received Diversion Assistance during a time 
period that makes a family ineligible for it again or 
Delaware's TANF program. 
The mailing address of the DSS Fiscal Office is:
Division of Social Services 
Fiscal Office: Attention Diversion Assistance
Herman Holloway Sr. DHSS Campus
1901 N. DuPont Highway - Lewis Building
New Castle, DE 19720
H150
DSS doesn’t make any claims as to the quality of service 
provided, work performed, or goods delivered. It is up to the 
diversion assistance requestor to seek remedy if the quality 
or performance is substandard. If the service provided, work 
performed, or goods delivered is of substandard quality, 
DSS will make attempts to stop payment on checks written, 
when able, and will provide copies of canceled checks to 
verify payment was made to the vendor in question if 
needed. It is up to the diversion assistance recipient to verify 
the quality was substandard. Diversion assistance will not be 
re-approved in a case in which the vendor has cashed the 
check unless good cause is claimed, the person verifies that 
they are taking legal means to have the situation rectified, 
and the request is approved by the Chief of Operations.
4001Family Budget Group
4.A needy caretaker caring for an unrelated child 
under the age of six (6) who is needed in the home to care for 
the child because no one else is available can receive 
General Assistance (GA) for him/her self and the child in 
two assistance units but one budget group. SEE DSSM 
3028.
5.A caretaker caring for an unrelated child may be 
able to receive GA for the child in one assistance unit while 
receiving GA for him/her self as well, in a separate 
assistance unit as long as one condition in DSSM 3019, other 
than #4 is met. They would be in two separate budget 
groups.
4001.1Examples to illustrate rules regarding budget 
groups.
5.Mr. Smith is caring for a three year old child for 
whom he is not related. Mr. Smith is needy. Someone is 
needed in the home to care for the child but there is no one 
else available. 
Mr. Smith and the child could each receive GA in 
separate assistance units. They would be in one budget group 
capped by the GA size for two (2) people. 
6.Mrs. Robinson is caring for a child for whom she is 

not related. Mrs. Robinson is fifty-five (55) years of age. 
Mrs. Robinson and the child could each receive GA 
in separate assistance units. They would be two (2) separate 
budget groups. 
NOTE:When income is included in any of the above 
situations, it is possible that some of the recipients would be 
denied by maintaining separate budget groups, but all 
recipients could remain eligible if the groups are combined. 
In those situations the budget groups can be combined if the 
caretaker so chooses.
4005.1Child Support Payments – TANF
In the TANF Program, the first $50.00 of child support 
received in a month is disregarded in determining financiall 
eligibility. Child support in excess of $50.00 is counted as 
unearned income. If a unit is determined financially eligible, 
child support is disregarded in determining the amount of the 
grant.
For active cases, child support is collected and retained 
by the Division of Child Support Enforcement. The first 
$50.00 of child support that is collected each month by 
DCSE is paid to the TANF payee as a bonus check. If the 
amount of support collected is less that $50.00, the bonus 
check will equal the amount collected.
Pass-through/Disregard Bonus checks are paid the 
month following the month that the DCSE collects support. 
They are disregarded in determining TANF financial 
eligibility and grant amounts; however, they are counted as 
unearned income in the Food Stamp Program.
In the month of application if support is received prior 
to approval of a TANF grant, the support received minus the 
$50.00 child support disregard is budgeted as unearned 
income. Support received after approval of the grant is 
subject to collection by the DCSE. DCSE cannot accept 
child support payments unless a Delaware support order is in 
place. Therefore, we should count the child support money 
received by the recipient prior to a support order in place as 
unearned income until such time as DCSE has a support 
order in place and can accept the payments. 
EXAMPLE:A woman applies for TANF for herself and 
her children on 2/15. She reports that she received a 
$100.00 support payment on 2/10 and expects to receive 
an additional $100.00 on 2/24. She is found eligible for 
TANF on 2/15. In February, $50.00 of child support is 
included in the TANF budget as unearned income. 
($100.00 received prior to approval of the grant - $50.00 
disregard = $50.00 budgetable.) The recipient will 
receive a $50.00 bonus check in March based on the 
$100.00 payment collected by the DCSE on 2/24.
7002.1Cash Assistance Overpayments
F.Exceptions To Repayment To DSS
For cases where TANF recipients retain child support 
payments assigned to the State, and DCSE has established a 
support order, the DCSE will file a claim, obtain a debt 
acknowledgment, and establish a repayment agreement with 
the indebted recipient.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, 
Section 107 ( 31 Del.C. §107)
PUBLIC NOTICE
Temporary Assistance For Needy Families 
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 Temporary Assistance to Needy 
Families (TANF) State Plan as it relates to services to move 
families to work.
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 and Program 
Implementation Unit, Division of Social Services, P.O. Box 
906, New Castle, Delaware by January 31, 2004.
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
•Adds activities that assist in obtaining or 
maintaining employment or improve work 
performance as a work-related activity.
DSS PROPOSED REGULATION #03-43
REVISION:
Services to Move Families to Work
Delaware's goal is to place the adult recipient in 
unsubsidized employment as quickly as possible. To 
accomplish this goal, the current menu of services includes:
•Work readiness/Life skills 

•Job search/Job placement
•Job retention
•Work Experience/OJT
• Education, including vocational education, as 
described in SB 101, effective July 2, 1999
•Provide financial management training.
•Work-related activities that assist in obtaining or 
maintaining employment or improve work 
performance.
Non-exempt TANF participants will participate in the 
job search program, consisting of job readiness classes and 
supervised job search activity. Unsuccessful job search 
participants can be placed in another job search sequence or 
another work-related activity such as an alternative work 
experience, OJT, remediation or a skills training program.
Clients must keep appointments with Employment and 
Training staff, cooperate in the development of the 
employment activities included in their Contract of Mutual 
Responsibility, and participate in employment and training 
activities. The penalty for non-compliance with any of the 
above client responsibilities will be subject to sanctions as 
described in “Sanctions: Failure to Comply with the 
Contract and Imposition of Sanctions” on page 29.
DEPARTMENT OF LABOR
OFFICE OF LABOR LAW ENFORCEMENT
Statutory Authority: 19 Delaware Code, 
Sections 105, 114 (19 Del. C. §§105, 114)
PUBLIC NOTICE
Wage Payment & Collection Act Payroll Debit Cards
Pursuant to the Department of Labor’s authority to 
promulgate regulations effecting Title 19, Chapter 11, under 
the Wage Payment and Collection Act at 19 Del.C. §§105, 
114 and, in accordance with the procedures set forth in Title 
29 Subchapter II, Agency Regulations at 29 Del.C. §10115, 
the public and interested parties are herein given NOTICE of 
the Department of Labor’s intent to consider whether 
PAYROLL DEBIT CARDS as a form of wage payment 
depicts suitable arrangements for cashing checks or 
voluntary programs for credit to employees’ bank accounts 
under the WAGE PAYMENT and COLLECTION ACT. 
Interested parties may submit written comments to the 
Department of Labor before January 26, 2004 at the address 
below or present views at public hearings which will be held 
on January 23, 2004 in New Castle County and on January 
26, 2004 in Kent County at the locations below.
The Department of Labor has received inquiries from 
Delaware employers regarding the use of payroll debit cards 
for wage payment in lieu of checks or deposits to employee’s 
bank accounts. The Wage Payment and Collection Act 
recognizes wage payment in the form of checks – 
conveniently cashed without cost to the employee or credit 
to employees’ bank accounts. Employers suggest that 
payroll debit cards benefit employees because the process 
provides a safe and convenient form of payment without 
offending the Act. The process offers employers a less 
expensive form of payment than written checks issued to 
employees and gives employees more flexibility in cashing 
the wage payment.
In order to consider the issue of whether payroll debit 
cards are an acceptable and beneficial form of wage payment 
under the Act, the Department of Labor invites the public, 
interested parties, employers and employees to provide their 
views in writing or by attending a public hearing. Interested 
parties may provide written comments by methods described 
below.
1.submit written comments to the Director of 
Industrial Affairs James G. Cagle, Jr. at the 
Department of Labor, 4425 North Market Street, 
Wilmington, Delaware 19802 before January 26, 
2004; and/or
2.express their views at a public hearing which will 
be held on January 23, 2004 at the Department of 
Labor Annex, 19 Lea Boulevard, Wilmington 
Delaware 19802 at 9:00 a.m.
3.express their views at a public hearing which will 
be held on January 26, 2004 at the Department of 
Health & Social Services Office, 18 N. Walnut 
Street, Milford, Delaware 19963 at 9:00 a.m.
If the Department of Labor finds payroll debit cards 
beneficial and acceptable as a form of wage payment under 
the Act, the Department will promulgate regulations 
identifying the standard for its use in Delaware. Under all 
circumstances, the use of payroll debit cards as a form of 
wage payment must comply with all conditions set forth in 
the Act including, but not limited to the following:
1.Employers must inform new employees in writing, 
at the time of hire, when the employer will fulfill 
the exchange rate obligations (§1108 (1));
2.Employers must pay the employee within 7 days 
from the close of the pay period for the work 
performed (§1102 (a));
3.Employers must pay the employee no less than 
once a month on a day designated in advance by the 
employer (§1102 (b));
4.Employers must pay the employee in legal tender of 
cash, check payable on demand, or by credit to the 
employee’s bank account when requested in writing 

by the employee (§1102(a));
5.Employers must pay the full wages owed on the 
regular payday and account for lawful deductions 
specified under §1107 and related regulations; and
6.Employers must provide a written record reciting 
the hours worked, hours paid, benefits accrued, 
lawful deductions, and any information for 
historical purposes effecting the wage arrangement 
for three years (§1108 (4) and (6)).
The Department of Labor has considered the following 
proposed language for Definitions and Regulations setting 
forth standards regulating the use of payroll debit cards by 
Delaware employers for wage payment under the Act. 
Payroll Debit Cards
1.0Definitions
1.1ATM means the automatic teller machine activated 
by a magnetically encoded card and the transmission of a 
code which allows card holders to perform routine banking 
transactions including the withdrawal of cash.
1.2Cash means lawful money.
1.3Credit means the amount of money which is added 
to an employee’s bank account. 
1.4Demand Deposit Account means funds that an 
employee or card holder may withdraw from a bank with no 
advance notice usually by writing a check or using an 
automatic teller machine. 
1.5Direct Deposit means automatic deposit of wages 
or benefits into an employee’s bank account. 
1.6Exchange Rate means the rate agreed upon by the 
employer and employee as compensation for the 
performance of work by the employee. 
1.7Functional Equivalent means a change in the form 
of the payment of wages without impacting the substantive 
rights or value of the employee’s wages. For example, a 
debit card in lieu of cash, check, or credit must provide the 
full amount of wages without cost to the employee on the 
regular payday.
1.8Payroll Debit Card is a card that provides an 
employee with the appropriate means of obtaining all wages 
earned in a defined pay period in a form that is the equivalent 
of payment by cash, check, or direct deposit. 
1.9Unbanked Employee means an employee who 
does not transact banking business under their own 
individual account.
2.0Payroll Debit Card in Lieu of Cash or Check
Delaware’s Wage Payment & Collection Act requires 
the payment of wages to employees in lawful money or 
checks payable on demand, “provided suitable arrangements 
are made by the employer for cashing such checks for the 
full amount of the wages due at a bank or other business 
establishment convenient to the place of employment. 
Employers may comply with this requirement by issuing a 
payroll debit card which provides the functional equivalent 
of cash or a check. It is the employers’ responsibility to 
effectuate a payroll debit card system which will allow full 
payment of wages on the employee’s regular payday and 
without cost to the employee. Employers may use a pre-paid 
debit card or general payroll fund account to establish 
suitable arrangements for converting wages into employee’s 
disposable income.
3.0Payroll Debit Card and Account Option for the 
Unbanked Employee
Delaware’s Wage Payment & Collection Act allows for, 
but does not require a voluntary program of automatic 
deposit or credit to a designated bank account of the 
employee. For employers who presently honor such a 
system, the employer may offer a similar option to unbanked 
employees upon the written request for the benefit of the 
employee who desires an individual bank account in their 
name. Employees are required to provide a written 
authorization to the employer for the transfer of wages into 
the individual bank account. All employees shall have 
notice that direct deposit into individual account programs 
are initiated and terminated by the employees’ written 
requests. Costs associated with accounts established for the 
unbanked employee who voluntarily participates in the 
payroll debit card individual account program must be 
reasonable under the circumstances.
DEPARTMENT OF NATURAL 
RESOURCES AND 
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Chapter 60 (7 Del. C. Ch. 60)
Register Notice
SAN # 2003-22
1. Title Of The Regulations:
Amendments To Delaware Phase II Attainment 
Demonstration For The Philadelphia-Wilmington-Trenton 
Ozone Non-attainment Area, Including A Revision of the 
Mid-Course Review Schedule.
2.Brief Synopsis Of The Subject, Substance And 
Issues:
The Clean Air Act Amendments of 1990 (CAAA) 

require Delaware to submit to the U.S. Environmental 
Protection Agency (EPA) a SIP revision to demonstrate its 
capability of attaining the 1-hour National Ambient Air 
Quality Standard (NAAQS) for the ground-level ozone in 
Kent and New Castle Counties in 2005. This SIP revision, 
termed the Phase II Attainment Demonstration, was initially 
submitted to the EPA in May 1998, and amended in October 
1998, January 2000, December 2000, October 2001, and 
June 2003.
As a condition of approval of the Phase II Attainment 
Demonstration SIP of each state in the Philadelphia-
Wilmington-Trenton non-attainment area, EPA required that 
a Mid-Course Review (MCR) be conducted. Pursuant to this 
EPA requirement, Delaware committed in its January 2000 
SIP revision to perform a MCR by December 31, 2003. 
Following this, the U.S. Court of Appeals for D.C. Circuit 
delayed the implementation of the EPA NOx Transport SIP 
Call from 2003 to 2004. Because the NOx Transport SIP 
Call is a significant part of the overall 1-hour ozone 
attainment strategy, EPA allowed states to revise their MCR 
due date to a date after 5/31/2004. 
The purpose of the action proposed herein is to amend 
the Phase II Attainment Demonstration to revise Delaware's 
MCR date to December 31, 2004. 
3.Possible Terms Of The Agency Action:
None.
4.Statutory Basis Or Legal Authority To Act: 
7 Del. C., Chapter 60, Environmental Control
5.Other Regulations That May Be Affected By The 
Proposal:
None
6.Notice Of Public Comment:
A public hearing will be held on January 28, 2004 
beginning at 6:00 PM in the Richardson and Robbins 
Auditorium, 89 Kings Highway, Dover, Delaware.
7. Prepared By:
Frank F. Gao, Project Leader, (302) 323-4542
December 8, 2003
Amendments To
Delaware Phase II Attainment Demonstration For The 
Philadelphia - Wilmington - Trenton Ozone
Non-Attainment Area Including A Revision Of The
Mid-Course Review Schedule
January 2004
List of References
1.Federal Clean Air Act, 42 U.S.C.A. 7401 et seq., as 
amended by the Clean Air Act Amendments of 1990, P.L. 
101-549, November 15, 1990.
2.Delaware Phase II Attainment Demonstration for 
Philadelphia-Wilmington-Trenton Ozone Nonattainment 
Area. Delaware Department of Natural Resources and 
Environmental Control, Dover, Delaware, May 1998, as 
amended in January 2000, December, 2000, July 2001, and 
June 2003.
3.Notice of Proposed Action on Attainment 
Demonstrations for the 1-Hour National Ambient Air 
Quality Standard for Ozone. Federal Register Vol. 64, No. 
241, pp 70317-70319, December 16, 1999. 
4.Mid-Course Review Guidance for the 1-Hour 
Ozone Nonattainment Areas that Rely on Weight-of-
Evidence for Attainment Demonstration. Guidance 
Memorandum from L.N. Wegman, Director, Air Quality 
Strategies and Standard Division, and J.D. Mobley, Acting 
Director, Emission Monitoring and Analysis Division, 
Office of Air Quality Planning and Standards, US EPA, 
March 28, 2002. 
5.Proposed Rule to Implement the 8-Hour Ozone 
National Ambient Air Quality Standard, US EPA. Federal 
Register Vol. 68, No. 105, pp 32802-32870, June 2, 2003. 
1.Introduction
Under the Clean Air Act Amendments of 1990 (CAAA, 
Reference 1), Kent and New Castle Counties in Delaware 
are classified as severe nonattainment areas with respect to 
the 1-hour National Ambient Air Quality Standard 
(NAAQS) for ground-level ozone. The CAAA requires 
Delaware to submit to the U.S. Environmental Protection 
Agency (EPA) a State Implementation Plan (SIP) revision to 
demonstrate that the 1-hour ozone standard can be attained 
in 2005 in these two counties with necessary and adequate 
control measures for VOC and NOx emission sources. That 
SIP revision, entitled “Delaware Phase II Attainment 
Demonstration for Philadelphia-Wilmington-Trenton Ozone 
Nonattainment Area,” was originally submitted to EPA in 
May 1998, and amended in October 1998, January 2000, 
December 2000, October 2001, and June 2003 (Reference 
2).
In order to settle a complaint filed by six environmental 
groups in U.S. District Court, EPA required, as a condition 
of approval of the Phase II Attainment Demonstration SIP of 
each state in the Philadelphia-Wilmington-Trenton non-
attainment area, that a mid-course review (MCR) be 
conducted to evaluate the progress being made toward 
attainment of the 1-hour ozone standard (Reference 3). The 
results of the MCR were required to be submitted to EPA by 
December 31, 2003, and would be used to determine if any 
additional controls would be necessary to ensure the 
attainment by 2005. Pursuant to this EPA requirement, 
Delaware committed in its January 2000 SIP revision to 
perform an MCR by December 31, 2003. This MCR 
requirement was also imposed on other states with severe 1-

hour ozone non-attainment areas.
Following this, an order of the U.S. Court of Appeals for 
D.C. Circuit delayed the implementation of EPA’s NOx 
Transport SIP Call from 2003 to 2004. The NOx Transport 
SIP Call is a significant part of the overall 1-hour ozone 
attainment strategy. In response to this court order, EPA 
allowed states to revise the MCR due date to a date after 
May 31, 2004. The later MCR date is believed to better 
serve the MCR purpose (i.e., to enable states to evaluate the 
adequacy of their attainment strategy, and to facilitate 
initiation of additional control measures if necessary). Many 
states affected by the NOx SIP Call emission reductions 
have revised their commitment to conduct and submit the 
MCR on a schedule later than May 31, 2004 (Reference 4). 
2.Proposed Action
The document proposed herein is to revise the date of 
Delaware’s MCR from December 31, 2003 to December 31, 
2004. In addition to EPA’s afore-mentioned rationale of 
postponing the MCR process to allow for inclusion of the 
implementation of the NOx SIP Call in the analysis, 
Delaware believes that the following reasons further validate 
the proposed action:
(1)To give EPA more time to develop final guidance 
on performing the MCR.
In the recent proposed rule to implement the 8-hour 
ozone standard, EPA has indicated that it is updating the 1-
hour MCR policy and technical guidance to include the 8-
hour matrices, and the final MCR guidance will be available 
around the end of year 2003 (Reference 5). Delaware is 
anticipating that the final MCR guidance from EPA will 
provide detailed procedures on how to effectively conduct 
the MCR, in particular, to connect efforts of attaining the 1-
hour standard in 2005 to efforts of implementing the 8-hour 
rule beyond 2005.
(2)To put Delaware on the same time-line with other 
states.
According to EPA, many states affected by the NOx 
SIP Call have rescheduled their MCR due date after May 31, 
2004 (Reference 4). These states include those in the Ozone 
Transport Region (OTR). The new MCR schedule proposed 
herein will enable Delaware to work cooperatively with 
these states, and to conduct the MCR as a regional effort to 
better addressing attainment of the 1-hour ozone standard.
3.Contact Information
The agency with direct responsibility for preparing and 
submitting this document is the Delaware Department of 
Natural Resources and Environmental Control (DNREC), 
Division of Air and Waste Management, Air Quality 
Management Section (AQM), under the direction of Ali 
Mirzakhalili, Program Administrator. The working 
responsibility for this document falls within the Planning and 
Community Protection (PCP) Branch of AQM, under the 
management of Raymond H. Malenfant, Program Manager 
II, and Ron Amirikian, Planning Supervisor. The following 
staff member of PCP is responsible for the preparation of 
this document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Comments and/or questions regarding this document 
should be addressed to F. Gao at (302)323-4542, e-mail 
Frank.Gao@state.de.us, or R. Amirikian at (302)739-4791, 
e-mail Ronald.Amirikian@state.de.us, Air Quality 
Management Section, DAWM-DNREC, 156 South State 
Street, Dover, DE 19901.
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, 
Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))
Register Notice
SAN# 2003-23
1.Title Of The Regulations:
Tidal Finfish Regulation 3503 Striped Bass Recreational 
Fishing Season; Methods of Take: Creel Limit; Possession 
Limit (Formerly Tidal Finfish Regulation 6), and Tidal 
Finfish Regulation 3504 - Striped Bass Possession Size 
Limit; Exceptions (Formerly Tidal Finfish Regulation 7).
2.Brief Synopsis Of The Subject, Substance And 
Issues:
To comply with the recreational size limits, daily creel 
or bag limits and seasons included in Amendment #6 to the 
Interstate Fishery Management Plan for Striped Bass as 
adopted by the Atlantic States Marine Fisheries Commission 
on February 24, 2003, Delaware must adopt regulations 
conservationally equivalent to the following:
Establish a new minimum size limit of 28 inches total 
length, and a two fish daily possession limit for 
recreationally caught striped bass and establish a new 
minimum size limit for striped bass caught for 
commercial purposes in the Atlantic Ocean and the 
Inland Bays of 28 inches. Within the Delaware River 
and Bay and the Nanticoke River and its tributaries, the 
commercial size limit shall remain 20 inches total length 
for the spring gill net fishery, but for any subsequent gill 
net fishery conducted in the fall of the year, the 
minimum size shall be 28 inches. Other wording 
changes will clarify existing regulations concerning the 
daily possession limit for recreationally-caught striped 

bass.
3.Possible Terms Of The Agency Action: 
Until changed
4.Statutory Basis Or Legal Authority To Act:
7 Del.C. 903(e)(2)a
5.Other Regulations That May Be Affected By The 
Proposal: None
6.Notice Of Public Comment:
Individuals may present their opinions and evidence 
and/or request additional information by contacting the 
Fisheries Section, Division of Fish and Wildlife, 89 Kings 
Highway, Dover, Delaware 19901, (302)739-3441. A public 
hearing on this proposed amendment will be held at the 
Department of Natural Resources and Environmental 
Control Auditorium 89 Kings Highway, Dover DE at 7:30 
PM on Thursday January 29, 2004. The record will remain 
open for written comments until 4:30 PM on February 2, 
2004.
3503Striped Bass Recreational Fishing Seasons; 
Methods of Take; Creel Limit; Possession Limit. 
(Formerly Tidal Finfish Reg. 6)
(Penalty Section 7 Del.C. 936(b)(2))
1.0It shall be lawful for any person to take and reduce 
to possession striped bass from the tidal waters of this State 
at any time except as otherwise set forth in this regulation or 
in Tidal Finfish Regulations 3502 and 3504.
2.0It shall be unlawful for any recreational fisherman 
to take or attempt to take any striped bass from the tidal 
waters of this State with any fishing equipment other than a 
hook and line or a spear while said recreational fisherman 
using the spear is underwater. Recreational gill net 
permittees are not authorized to take and reduce to 
possession any striped bass in gill nets.
3.0Unless otherwise authorized, it shall be unlawful 
for any recreational fisherman to take and reduce to 
possession more than two (2) striped bass per day (defined as 
midnight to the next midnight thence ensuing) from the tidal 
waters of this State. Any striped bass taken from the tidal 
waters of this State that is not immediately returned, without 
unnecessary injury, to the same waters from which it was 
taken, is deemed taken and reduced to possession for 
purposes of this subsection.
4.0Unless otherwise authorized, it shall be unlawful 
for any recreational fisherman to have in possession more 
than two (2) striped bass at or between the place said striped 
bass was taken and said fisherman's personal abode or 
temporary or transient place of lodging.
3504Striped Bass Possession Size Limit; Exceptions. 
(Formerly Tidal Finfish Reg. 7)
(Penalty Section 7 Del.C. 936(b)(2))
1.0Notwithstanding, the provisions of 7 Del.C.
§929(b)(1) or unless otherwise authorized, it shall be 
unlawful for any recreational fisherman to take and reduce to 
possession more than two (2) striped bass from the tidal 
waters of this State in one day provided one measures no less 
than twenty-four (24) inches in total length or more than 
twenty-eight (28) inches in total length and one measures no 
less than twenty-eight (28) inches in total length. any striped 
bass that measures less than twenty-eight (28) inches in total 
length.
2.0Notwithstanding, the provisions of 7 Del.C.
§929(b)(1) or unless otherwise authorized, it shall be 
unlawful for any commercial food fisherman to take and 
reduce to possession any striped bass that measure less than 
twenty (20) twenty-eight (28) inches in total length from the 
tidal waters of this State except that commercial gill net 
fishermen may take striped bass measuring no less than 
twenty (20) inches in total length from the tidal waters of the 
Delaware River and Delaware Bay and their tributaries 
during the months of March and April or from the tidal 
waters of the Nanticoke River or its tributaries in the month 
of March.
3.0Unless otherwise authorized, it shall be unlawful 
for any person to possess a striped bass that measures less 
than 24 28 inches, total length, unless said striped bass is in 
one or more of the following categories:
3.1It has affixed, a valid strap tag issued by the 
Department to a commercial food gill net fisherman and was 
legally taken and tagged by said commercial gill net 
fisherman from the tidal waters of the Delaware River and 
Delaware Bay during the months of March and April; or 
from the tidal waters of the Nanticoke River or its tributaries 
in the month of March; or
3.2It was legally landed in another state for 
commercial purposes and has affixed a valid tag issued by 
said state's marine fishery authority; or
3.3It is packed or contained for shipment, either 
fresh or frozen, and accompanied by a bill-of-lading with a 
destination to a state other than Delaware; or
3.4It was legally landed in another state for non 
commercial purposes by the person in possession of said 
striped bass and there is affixed to either the striped bass or 
the container in which the striped bass is contained a tag that 
depicts the name and address of the person landing said 
striped bass and the date, location, and state in which said 
striped bass was landed; or
3.5It is the product of a legal aquaculture 
operation and the person in possession has a written bill of 
sale or receipt for said striped bass.
4.0Unless otherwise authorized, it shall be unlawful 

for any commercial finfisherman to possess any striped bass 
for which the total length has been altered in any way prior 
to selling, trading or bartering said striped bass.
5.0The words "land" and "landed" shall mean to put or 
cause to go on shore from a vessel.
6.0It shall be unlawful for any person to land any 
striped bass that measures less than twenty-eight (28) inches 
in total length at any time, except those striped bass caught 
in a commercial finfisherman gill net legally fished in the 
waters of Delaware River or Delaware Bay or their 
tributaries during the months of April and May or from a 
commercial gill net legally fished in the tidal waters of the 
Nanticoke River or its tributaries in the month of March. 
authorized to fish during Delaware's commercial striped bass 
fishery, to land any striped bass that measures less than 
twenty-four (24) inches in total length.
7.0It shall be unlawful for a commercial finfisherman 
authorized to fish during Delaware's commercial striped bass 
fishery to land any striped bass that measures less than 
twenty (20) inches in total length.
See 3 DE Reg 1088 (2/1/00)
See 4 DE Reg 230 (7/1/00)
See 4 DE Reg 1552 (3/1/01)
See 6 DE Reg 1512 (5/1/01)
DEPARTMENT OF SERVICES FOR 
CHILDREN, YOUTH AND THEIR 
FAMILIES
DIVISION OF FAMILY SERVICES
OFFICE OF CHILD CARE LICENSING
Statutory Authority: 31 Delaware Code,
Sections 341-345 and 29 Delaware Code, Section 
9003 (7) (31 Del.C. §§341-345, 29 Del.C. 
§9003(7))
PUBLIC NOTICE
PLEASE TAKE NOTICE, pursuant to 31 Del.C.
Chapter 3, Subchapter II, Subsections 341-345, and 29 
Del.C. Chapter 90, Subsection 9003 (7), Delaware’s Office 
of Child Care Licensing is proposing to revise the Delacare: 
Requirements For Day Care Centers that were previously 
adopted in 1988. A task force consisting primarily of early 
care and education and school-age care program directors 
along with Licensing Specialists and those whose interests 
could be affected by the rule changes reviewed the proposed 
revisions and reached consensus on each rule. These 
proposed revisions represents the task force’s and the Office 
of Child Care Licensing’s efforts to improve standards based 
on what we have learned through research and experience 
since last revising this set of rules. Over the years, we have 
become increasingly aware of what children really need 
from early care and education and school-age care 
experiences to optimally develop, stay safe and healthy, and 
learn in order to be ready for and succeed in school.
Written comments on the rule changes will be accepted 
until March 5, 2004 and should be addressed to the Office of 
Child Care Licensing, 1825 Faulkland Road, 
Wilmington, DE 19805, Attention: Lynn Jezyk, Rule 
Development Manager. Comments will also be heard at 
public hearings scheduled as follows:
Public Hearing Schedule
•Tuesday, February 17, 2004, beginning at 7:00PM, at 
Del Tech, Wilmington Campus, Conference Rooms A & 
B, Southeast Building, Orange Street.
•Wednesday, February 18, 2004, beginning at 7:00PM, at 
Del Tech, Stanton Campus, Conference Room A – 114/
116, Main Building, 1st Floor
•Wednesday, February 25, 2004, beginning at 7:00PM, at 
Del Tech, Georgetown Campus, Lecture Hall, William 
A. Carter Partnership Center
•Thursday, February 26, 2004, beginning at 7:00PM, at 
Del Tech, Dover Campus, Downes Lecture Hall, Terry 
Building
(For information on cancellations of the Public Hearings due 
to inclement weather, please check the Office of Child Care 
Licensing website, http://www.state.de.us/kids/occl.htm or 
call the Office of Child Care Licensing in Wilmington, 892-
5800 or in Dover, 739-5487 or listen to your local radio 
station.)
* PLEASE NOTE: DUE TO THE LENGTH OF THE PROPOSED 
REGULATION (DELACARE: REQUIREMENTS FOR DAY CARE 
CENTERS) THE FULL-TEXT IS NOT BEING PRINTED. FULL-
TEXT COPIES OF THE REGULATION ARE AVAILABLE FROM 
THE REGISTRAR OR MAY BE VIEWED ON THE REGISTER 
OF REGULATION WEBSITE

DEPARTMENT OF 
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF EXAMINERS IN OPTOMETRY
24 DE Admin. Code 2100
Statutory Authority: 24 Delaware Code,
Section 2104(a)(1) (24 Del.C. §2104(a)(1))
ORDER
Pursuant to 24 Del.C. §2104(a)(1) and 29 Del.C.
§10118, the Delaware Board of Examiners in Optometry 
("the Board") issues this Order adopting a proposed 
amendment to the Board's. Following notice and a public 
hearing held on December 4, 2003, the Board makes the 
following findings and conclusions:
Summary Of Evidence
1.The Board posted public notice of the proposed 
amendment in the November 1, 2003 Register of 
Regulations and for two consecutive weeks in two 
newspapers of general circulation. The Board proposed to 
amend Rule 3.1.2 of its Regulations to clarify that the Board 
may approve the start of an internship as of the date an 
applicant has in good faith submitted all licensure material 
and the Board is unable to review said materials due to an 
insufficient number of statutorily appointed members.
2.The Board held a public hearing on December 4, 
2003. At the public hearing, the Board received no 
comments. The Board allowed for written comments from 
the public from November 1, 2003 through November 30, 
2003, but received no comments. 
Findings Of Fact And Conclusions
3.The public was given notice and an opportunity to 
provide the Board with comments in writing and by 
testimony at the public hearing on the proposed amendment 
to the Board's Rules. The Board received no written 
comments or testimony at the public hearing.
4.The Board finds that the proposed amendment to 
the Board Rules is necessary for the agency to achieve its 
statutory primary objective "to protect the general public, 
specifically those persons who are the direct recipients of 
services regulated by this chapter, from unsafe practices and 
from occupational practices which tend to reduce 
competition or fix the price of services rendered." 24 Del.C.
§2100. The proposed Rule amendment would create a very 
narrow exception to the current internship rule, so that the 
Board could approve an internship application starting on the 
date of receipt of all application materials if the applicant has 
acted in good faith in submitting his or her materials and the 
Board is unable to meet due to the absence of a sufficient 
number of statutorily appointed members. This very limited 
exception would only apply in situations where the Board 
lacked a quorum due to an insufficient number of Board 
members currently appointed. This situation was present in 

July-August, 2003. This limited exception would permit 
internship applicants to receive appropriate approval for the 
start date of their internship since, through no fault of their 
own, the Board was unable to meet. The Board finds that 
this proposed Rule is consistent with the Board's secondary 
objective to "maintain minimum standards of practitioner 
competency" as provided under 24 Del.C. §2100. The 
Board concludes that the proposed amendment to Rule 3.1.2 
should be adopted in the proposed form. 
5.The effective date of this Order shall be ten (10) 
days from the publication of this order in the Register of 
Regulations on January 1, 2004. A copy of the enacted Rule 
amendment is attached as Exhibit #1 to this Order.
IT IS SO ORDERED this ___ day of December, 2003
Carl Maschauer, O.D., President, Sussex County
Member
Sonja P. Biddle, O.D., Secretary, Kent County Member
Allan S. Tocker, O.D., New Castle County Member
Mark Metzelaar, Public Member, New Castle County
Nicole Anderson, Public Member, Kent County
3.0Internship
3.1An internship is a course of study in which 
applicants receive part of their clinical training in a private 
practice setting under the supervision of a licensed 
optometrist or ophthalmologist. An active, licensed 
Optometrist or Ophthalmologist may act as a supervisor. 
Any applicant’s participation in such an internship program 
must be approved by the Board and is subject to the 
following terms and conditions:
3.1.1A letter from the practitioner with whom 
the applicant will be interning stating the goals, duties and 
the number of hours he/she will be working. If the applicant 
is not doing his/her internship with a therapeutically certified 
optometrist or ophthalmologist, he/she must also complete 
an additional one hundred (100) hours of clinical internship 
with a therapeutically certified Optometrist, Medical doctor 
or Osteopathic physician.
3.1.2Each applicant who will be participating in 
the internship program must provide the name and address of 
the supervisor and the dates of the internship for approval by 
the Board before the internship may begin provided that, in 
the event an applicant has made a good faith effort to submit 
all necessary licensure materials for approval of the 
internship, and in the event that the Board is unable to meet 
to review said licensure materials due to the absence of a 
sufficient number of statutorily appointed Board members, 
as occurred in July-August, 2003, the Board may approve 
said internship starting as of the date when the applicant has 
submitted all licensure materials.
3.1.3A letter must be received by the Board 
from the supervisor verifying the completion of the 
internship.
3.1.4For purposes of this Section and 29 Del.C.
§2110, the term “duration” shall be defined as “a period of 
no less than six (6) months and no greater than the period 
ending on the date of the next Board meeting following the 
end of the six (6) month period.” No intern may practice on a 
temporary license beyond the duration of the internship.
3.2Subject to the approval requirements stated above, a 
candidate’s internship requirements may be satisfied while 
the candidate is a member of the Armed Forces if he/she:
3.2.1Functions as a fully credentialed 
therapeutically certified optometric practitioner; and (for 
purposes of this Section equivalent to the Air Force 
regulations). 
3.2.2Performs his optometric duties on a full-
time basis in a completely equipped eye clinic.
3.3Full-time: minimum of 35 hours per week.
3.4All supervisors must supervise the interns on a one-
to-one basis whenever an applicant performs a task which 
constitutes the practice of optometry. No supervisor may be 
a supervisor for more than one intern, or student extern, at a 
time. Only one intern shall be permitted in any practice for 
any period of time.
3.5All acts which constitute the practice of optometry 
under 24 Del.C. §2101(a) may be performed by the intern 
only under the following conditions:
3.5.1The supervisor shall be on the premises 
and immediately available for supervision at all times;
3.5.2All intern evaluations of any patient shall 
be reviewed by the supervisor prior to final determination of 
the patient’s case before the patient leaves the premises; and
3.5.3A supervisor shall at all times effectively 
supervise and direct the intern.
3.6A violation of any of the conditions enumerated in 
this rule may be grounds for the Board to revoke their 
approval of an internship program. The Board may also 
revoke its approval of an internship program if it determines 
that either the supervising optometrist or the intern has 
engaged in any conduct described by 24 Del.C. §2113(a). 
Furthermore, any violation of the terms of this rule by a 
supervising optometrist who is a licensed optometrist shall 
be considered unprofessional conduct and a violation of 24 
Del.C. §2113(a)(7).
See 2 DE Reg 85 (5/1/99)
* PLEASE NOTE: AS THE REST OF THE SECTIONS WERE 
NOT AMENDED THEY ARE NOT BEING PUBLISHED. A 
COMPLETE SET OF THE BOARD OF EXAMINERS IN 
OPTOMETRY REGULATIONS ARE AVAILABLE AT:
http://www.state.de.us/research/profreg/Frame.htm

DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
24 DE Admin. Code 2500
Statutory Authority: 24 Delaware Code,
Section 2509 (24 Del.C. §2509)
ORDER 
Public hearings were held to receive comments on 
October 8, 2003 and December 8, 2003 at meetings of the 
State Board of Pharmacy. The second public hearing was 
scheduled after republication of proposed Rule 11.0 to 
correct technical and substantive errors in the draft submitted 
for publication in the Register of Regulations dated 
September 1, 2003. At the December meeting, the Board 
considered the proposed changes to Regulation 11.0.
SUMMARY OF THE EVIDENCE AND 
INFORMATION SUBMITTED
1.The written comment is summarized as follows:
Rita Landgraf, Chairperson, State Council for Persons 
with Disabilities, sent a memorandum dated October 2, 
2003. She recommended that Regulation 11.2.5 should not 
limit handling or administration of drugs in nursing homes to 
‘licensed’ personnel. In addition, she thought the rules 
should provide a protocol for handling medications during 
resident outings.
Ms Landgraf submitted further comment dated 
November 21, 2003. In her view, the changes made by the 
Board in 11.2.5 were insufficient and could preclude patients 
from handling their own medications. She offered the 
following substitutes: (1)“No facility representatives except 
properly authorized personnel shall handle or administer 
medications” of (2) “No persons apart from the patient and 
properly authorized personnel shall handle or administer 
medications.” A similar comment was received in a letter 
dated November 17, 2003 from Jamie Wolfe, Chairperson of 
the Delaware Developmental Disabilities Council.
2.The following verbal comment was heard October 
8, 2003:
Kim Robbins, President, Delaware Pharmacists’ Society 
(DPS) represented that DPS supports the changes. The 
existing regulation was antiquated and this change is 
responsive to the current practice in nursing homes.
Suzanne Raab-Long of the Delaware Health Care 
Association spoke in support of the proposal but noted that 
some provisions did not reflect what had been approved by 
the Board for publication including Regulations 11.2.6, 
11.5.2, and 11.5.3.2.
FINDINGS OF FACT WITH RESPECT TO THE 
EVIDENCE AND INFORMATION SUBMITTED
1.The term ‘licensed’ as it applies to a person 
handling drugs in a nursing home should be, and was, 
eliminated. It remained in the published version in error. 
The proposed regulation does not prevent a resident 
outpatient from handling his or her own medication.
2.The current regulation adequately addresses the 
circumstances that arise if a resident is on an outing. The 
regulation applicable to a filled prescription order is 
controlling.
TEXT AND CITATION 
The text of the revised rules remains as published in 
Register of Regulations, Vol. 7, Issue 5, November 1, 2003 
except that Rule 11.3.4 “There must be an accountability 
procedure at the facility for needles and syringes” is not 
stricken.
DECISION AND EFFECTIVE DATE
The Board hereby adopts the changes to Regulation 11.0 
to be effective 10 days following publication of this order in 
the Register of Regulations.
SO ORDERED this 8th day of December, 2003.
STATE BOARD OF PHARMACY
John E. Murphy, R.Ph., President
Nancy Weldin, Public Member
Carolyn Calio, Public Member
Karen J. Dey
Daniel Hauser, Pharm. D.
11.0Pharmaceutical Services in Nursing Homes
11.1Definition: A nursing home is an institution 
licensed by the Division of Public Health State Board of 
Health that provides permanent facilities that include in-
patient beds and medical services, including continuous 
nursing services, to provide treatment for patients who do 
not currently require continuous hospital services. Rest-
Residential and Assisted Living beds in licensed nursing 
homes are exempt from this regulation. They are considered 
under Health Care Facilities.
11.2General Requirements
11.2.1Each administrator facility shall provide 
within the facility, a cabinet or medication carts for 
individual patient medications prescriptions. These storage 
units shall be of sufficient size and located where easily 
accessible. They shall be locked when not in use and the key 
and/or code for for the lock of the storage unit shall be 
carried by or be accessible only to registered nurses, licensed 

practical nurses, or pharmacists. Controlled substances 
storage shall be in compliance with State and Federal 
statutes and regulations.
11.2.2All bleaches, detergents, disinfectants, and 
external preparations so labeled shall be kept in a separate 
locked cabinet, compartment, or room apart from medicines, 
drugs or foods. Internal medications must be stored 
separately from external medications.
11.2.3Adequate refrigeration (36° to 46° 
Fahrenheit) must be used to store medications requiring 
refrigeration. Medications requiring refrigeration must be 
stored within the USP/NF refrigeration temperature range of 
36 to 46 degrees Fahrenheit. 
11.2.4Medications which require room 
temperature storage must be maintained at either USP/NF 
ranges of 59 to 86 degrees Fahrenheit or the manufacturer's 
labeled range.
11.2.5No persons except properly authorized 
licensed personnel shall handle or administer medications"caution legend drugs” from individual prescriptions.
11.2.6Schedule II substances shall be secured 
under two locks in securely fixed boxes or drawers in the 
medication storage area, medication cart, interim or 
emergency use medication supplies. These are to be kept 
separate from non-controlled medications. There shall be 
accountability procedures for all Schedule II substances 
present.
11.2.7There shall be accountability procedures 
for all controlled substances present. There shall be readily 
retrievable records maintained showing the receipt and 
disposition of all controlled substances. These records must 
be maintained for 2 years.
11.3Stock Medication Emergency Use Medications
11.3.1 Non-legend medications:
11.3.1.1 A minimal amount of non-legend 
drugs may be kept as stock supply.
11.3.1.2 If accountabilities for individual 
patients are found to be inadequate upon inspection, then the 
stock non-legend medications may be subject to limitations.
11.3.2 Legend medications - Emergency, IV, and 
Anaphylactic supplies
11.3.2.1 Certain legend medications for 
emergency use may be stocked by the nursing home subject 
to Board approval.
11.3.2.2 Emergency use medications are those 
which may be required to meet the immediate therapeutic 
needs of patients and which are not available from any other 
authorized source in sufficient time to prevent risk or harm 
to patients by delay resulting from obtaining such drugs from 
other sources. 
11.3.2.3 IV's and Vaccines must be submitted 
on an IV interim 
a stock list
11.3.2.4 Only one IV box may be maintained 
at the facility, unless an exemption is granted. by the Board. 
The number of Anaphylaxis or Emergency boxes must also 
be submitted for Board approval. 
11.3.2.5 If there is no specific accountability 
procedure at the facility for needles and syringes. then these 
must be submitted on an IV or emergency box list for 
approval. These are legend items in the State of Delaware. 
11.3.3Legend medications - Interim supply
The criteria for legend interim medications 
requiring Board approval are as follows:
11.3.3.1 The interim supply may consist of 
medications selected from the following categories:
11.3.3.1.1 antibiotics
11.3.3.1.2 pain medications
11.3.3.1.3 antidiarrheal
11.3.3.1.4 cold/cough/antihistamines
11.3.3.1.5 antiemetics
11.3.3.1.6 antihypertensive
11.3.3.1.7 anticonvulsants
11.3.3.1.8 antidiabetic agents
11.3.3.1.9 cardiovascular drugs
11.3.3.1.10 respiratory/bronchodilators
11.3.3.1.11 sedatives/hypnotics
11.3.3.1.12 anticoagulants
11.3.3.1.13 H2 antagonists
11.3.3.2 The pharmacy, medical, and nursing 
staff committee may select a maximum quantity of 6 dosage 
units for items present in this supply.
11.3.3.3 There can be no more than a total of 
60 legend items present in this interim supply.
11.3.3.4 Only one interim box may be 
maintained at the facility, unless an exemption is granted. by 
the Board. A request for an additional box or supply must be 
submitted to the Executive Secretary of the Board for 
approval.
11.3.1Emergency use medications are those 
which may be required to meet the immediate therapeutic 
needs of patients, as determined by the prescriber, and which 
are not available from any other authorized source in 
sufficient time to prevent risk or harm to patients by delay 
resulting from obtaining such drugs from other sources.
11.3.2It is the responsibility of the facility and 
provider pharmacy to determine the supply of emergency 
use medication that are to be stocked as well as documenting 
their locations within the facility. A list of current contents 
must be attached to the medication supply.
11.3.3Accountability for emergency use 
medications.
11.3.3.1The pharmacy provider must be 
contacted within 24 hours after medication is used from the 
supply and the pharmacy must restock the supply within a 
reasonable time to prevent harm to patients.
11.3.3.2The provider pharmacy is responsible 
for the accuracy of all emergency use medications at the time 

of the filling of the medication. This check must also 
include any medication that became available when the 
medication is accessed. Records documenting use of an 
emergency medication must be kept for a minimum of 2 
years at the provider pharmacy and must be readily available 
for inspection by the Board.
11.3.3.3Failure to comply with these 
procedures can result in the suspension or denial of the use 
of emergency use medications.
11.3.3.4Violations of accountability 
procedures for emergency use medications may result in 
review proceedings before the Board.
11.3.4There must be an accountability procedure 
at the facility for needles and syringes.
11.3.4 Approved lists for legend drug boxes.
11.3.4.1 The most current approved signed list 
or lists for each box must be maintained in the pharmacy, 
attached to the box or boxes in the facility, and shall become 
part of the Policy and Procedures manual.
11.3.4.2When additions or deletions are made, 
then a complete revised list must be submitted for Board 
approval
11.3.5 Accountability for legend stock usage. 
11.3.5.1 The pharmacy provider must be 
contacted within 24 hours after medication is used from the 
supply. The pharmacist shall review the records of new or 
changed orders to assure appropriateness. These records 
must indicate the patient name, location, name of 
medication, strength, quantity removed, date, time and 
nurse’s signature.
11.3.5.2 Failure to comply with all aspects and 
intent of these procedures outlined can result in the 
revocation, suspension, or denial of the privilege of havingcontrolled substances present in these supplies.
11.3.5.3 Continuous violations of 
accountability procedures for the non controlled legend 
medications may result in review proceedings before the 
Board. of Pharmacy.
11.4Return Medication Procedures.
11.4.1All unused portions of any patient's 
discontinued prescription medication shall be immediately 
isolated. Non-controlled medication shall be destroyed orand returned to the pharmacist or provider pharmacy 
supplying pharmaceutical services within 72 hours with the 
appropriate notation of such returns for disposal disposition. 
The notation shall include the date, quantity, and name and 
strength of the medication.
11.4.2Medications for hospitalized patients must 
be isolated, and may be held until the patient’s return or 
permanent discharge.
11.4.2 11.4.3Destruction of discontinued 
controlled patient medication and discharged or deceased 
patient's controlled medication may be jointly performed by 
the consultant pharmacist or provider pharmacist with a 
designated nurse witness if shall be jointly performed by two 
authorized licensed personnel within 72 hours of the 
discontinuation of the medication or discharge of the patient. 
A record of the destruction must be signed by both parties 
and kept at the facility for 2 years.
11.5Labeling
11.5.1Labels on controlled substances must 
show the actual refill date and amount of medication 
dispensed.
11.5.2If a unit dose system is used, then The 
provider pharmacy must maintain prescription records 
required by State and Federal law in addition to a readily 
retrievable record of the actual refills, amount dispensed and 
accountability of the amounts used.
11.5.3A pharmacy providing prescriptions for 
inpatient use in a nursing home may label the prescription, 
"to be administered according to current physician's orders."
provided that:
11.5.3.1The MAR accurately reflects the 
prescriber's current orders.
11.5.3.2The pharmacy is informed of any 
change in directions within twenty-four (24) hours and 
promptly records the change on the patient's profile. 
Prescriptions for leave of absence or discharge must be 
labeled in compliance with 24 Del.C. §2536.
11.5.4A change in a medication order that 
involves a direction change must be communicated to the 
pharmacy within 24 hours, and the labeling on medication 
currently in the facility may be handled in the following 
ways:
11.5.4.1A licensed nurse or pharmacist may 
apply an accessory label to the medication which denotes 
that there has been a direction change.
11.5.4.2A label(s) with new directions may be 
requested from the pharmacy and applied to the current 
medication supply by a licensed nurse or pharmacist.
11.6Duties of Consultant Pharmacist (CP).
11.6.1A consultant pharmacist (CP) to a nursing 
home in the State of Delaware must be licensed to practice 
pharmacy in the State of Delaware. The consultant 
pharmacist shall be responsible for the general supervision 
of the nursing home pharmaceutical services and the direct 
supervision of registered pharmacy interns, who may assist 
in chart reviews. Supervision of chart reviews by a 
pharmacy intern must be documented by the supervising 
pharmacist.
11.6.2The consultant pharmacist shall provide 
the administrator of a nursing home with a statement 
indicating those minimum professional services that will be 
provided. This statement shall be incorporated into the 
nursing home Pharmacy Policy and Procedure Manual.
11.6.3When a pharmacist becomes the 
consultant to a nursing home, he or she The consultant 
pharmacist must notify the Board in writing within ten days 

of the starting date. starting as a consultant in the State. The 
Delaware State Board of Pharmacy shall be notified in 
writing within ten days by the consultant pharmacist of 
termination of said services.
11.6.3.1If the consultant pharmacist has not 
served in that position in the State of Delaware, he/she must 
appear before the Board for an interview within ninety daysafter assuming that position.
11.6.4The consultant pharmacist shall be 
responsible for written policies and procedures which shall 
include, but not be limited to:
11.6.4.1Procedures for administering the 
services outlined in the statement of proposed services.
11.6.4.2Policies governing practitioner 
medication orders, medication errors, automatic stop orders, 
medications for patient discharge and leave of absence.
11.6.4.3Policies and procedures necessary to 
insure the safe use, administration, control and 
accountability of all drugs through out the nursing home in 
compliance with State and Federal laws.
11.6.4.4Policies and procedures outlining the 
destruction of wastage for all controlled medications.
11.6.4.5Policies governing appropriate 
storage of medications, an effective drug recall procedure 
and labeling of all prescription drugs and biologicals in 
accordance with State and Federal requirements. For 
registered out-of-state providers an additional labeling 
requirement is having the toll-free telephone number on the 
prescription labels.
11.6.4.6Policies and procedures governing 
patient drug regimen review, which shall include procedures 
for reporting irregularities, and documenting that such 
reviews have been performed. The provider pharmacy is to 
receive copies of all practitioners’ orders to be reviewed with 
the information on the patient profiles.
11.6.4The CP shall be responsible for the 
development of written policies and procedures which shall 
include, but not be limited to:
11.6.4.1Procedures for administering the 
services outlined in the statement of proposed services.
11.6.4.2Policies governing physician 
medication orders, medication errors, automatic stop orders, 
and medications for patient discharge and leave of absence. 
emergency; medication
11.6.4.3Policies and procedures necessary to 
insure the safe use, administration, control and 
accountability of all drugs throughout the nursing home in 
compliance with Federal and State laws.
11.6.4.4Policies and procedures outlining the 
return or destruction on site of wastage for all controlled. 
substances.
11.6.4.5Policies governing appropriate 
storage of medications, an effective drug recall procedure, 
and labeling of all prescription drugs and biologicals in 
accordance with Federal and State requirements. For 
registered out-of-state providers an additional labeling 
requirement is having their toll-free telephone number on the 
prescription labels.
11.6.4.6Policies and procedures governing 
patient drug regimen reviews, which shall include 
procedures for reporting irregularities, and documenting thatsuch reviews have been performed. The provider pharmacy 
is to receive copies of all physicians' orders to be reviewed 
with the information on the patient profiles.
11.6.5If the nursing home has a pharmacy or 
quality related committee Pharmacy and Therapeutics 
Committee or Quality Assurance or Assessment Committee, 
the consultant pharmacist CP shall serve on that committee.
11.6.6The consultant pharmacist or designated 
pharmacy staff shall make inspections of each nursing 
station and related drug storage areas at least monthly. A 
pharmacy support person may assist with inspection under 
the direct supervision of a pharmacist. Nursing station 
inspections must include, but are not limited to the following 
: (1) Documentation of medication storage area(s) (59 to 86 
Fahrenheit) and refrigerator temperatures (36 to 46 degrees 
Fahrenheit), (2) documentation of security of all drugs (e.g. 
medication room cabinets, carts, Board approved drug 
boxes),(3) proper labeling, including any accessory or 
cautionary instructions, (4) proper expiration dates, (5) 
cleanliness,(6) accountability of all medication and (7) 
interim, emergency, IV, anaphylactic boxes or kits are 
properly maintained. A copy of these inspection reports 
must be maintained at the facility.
11.6.6.1Nursing station inspections must 
include, but are not limited to, documentation of the 
following:
11.6.6.1.1medication storage area(s) 
(59 to 86 degrees Fahrenheit) and refrigerator temperatures 
(36 to 46 degrees Fahrenheit);
11.6.6.1.2security of all drugs;
11.6.6.1.3proper labeling, including 
any accessory or cautionary instructions;
11.6.6.1.4proper expiration dating;
11.6.6.1.5cleanliness;
11.6.6.1.6emergency use medication 
supplies are properly maintained.
11.6.6.2A copy of these inspection reports 
must be maintained at the facility for two years.
11.6.7The consultant pharmacist shall review the 
drug regimen of each patient monthly at the facility. Each 
patient's chart will be reviewed at the facility. 
Documentation of the review is accomplished in the 
following manner:
11.6.7.1If the pharmacist determines that there 
are no irregularities in the patient's drug regimen, he/shemust note in the patient's chart that he/she has reviewed the 
drug regimen, found no irregularities, and sign and date this 

notation. This documentation must remain on the patients' 
charts for a minimum of 12 months.
11.6.7.2If the pharmacist determines that there 
are irregularities, he/she must prepare a drug regimen review 
report summary which includes any pertinent information 
such as the patient's diagnosis(es), the drug regimen, any 
pertinent laboratory findings, dietary considerations, etc., 
and his/her recommendations for improving the drug therapy 
of the patient. This written recommendation shall be 
forwarded to the attending practitioner, with the original 
documentation maintained in the patient chart. The written 
summaries must be maintained in the facility. A copy must 
be sent to the Medical Director, attending physician, 
Administrator and the Director of Nursing.
11.6.7.3Nursing unit inspections and a 
summary report of patient drug regimen reviews must be 
submitted to the Director of Nursing and the Administrator 
monthly.
11.6.8The consultant pharmacist is responsible 
for the accountability of all medications. A random sample 
will be done monthly to identify overages or shortages of 
any medications. Documentation will be made of 
irregularities and will include date of audit, patient 
identification, a listing of overages or shortages, and an 
explanation if known. A plan for correction will be included 
in the documentation where appropriate. Documentation 
will be maintained for a period of 12 months at the facility.
11.6.911.6.8 The consultant pharmacist CP shall 
be responsible for providing information to the nursing home 
staff, as may be appropriate or required, to ensure safety, 
understanding and compliance with policies and procedures 
pertaining to pharmacy-related activities and concerns.
11.6.1011.6.9 The consultant pharmacist CP shall 
assume all other responsibilities required of a consultant 
pharmacist CP as set forth in any State or Federal or Statestatutes or regulations as enacted or amended or may be 
enacted or amended. 
Notwithstanding this Regulation, nothing in the 
Regulation shall render a practice unlawful which is required 
by Federal regulation.
* PLEASE NOTE: AS THE REST OF THE SECTIONS WERE 
NOT AMENDED THEY ARE NOT BEING PUBLISHED. A 
COMPLETE SET OF THE BOARD OF PHARMACY 
REGULATIONS ARE AVAILABLE AT:
http://www.state.de.us/research/profreg/Frame.htm
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL LAND SURVEYORS
24 DE Admin. Code 2700
Statutory Authority: 24 Delaware Code,
Section 2706 (24 Del.C. §2706)
ORDER
The Board of Professional Land Surveyors met in a 
public hearing on November 20, 2003 to consider public 
comment on the Board’s Draft Regulations, published in the 
October 1, 2003 edition of the Delaware Register (7 Del. 
Reg. 385). 
The only public participant at the hearing was Mr. 
Charles Addams, PLS who addressed the proposal to limit 
the geographic scope of the Mortgage Inspection Plans rules 
to New Castle County. He did not oppose the Board’s Draft.
However, Mr. William W. Dailey, Jr., PLS wrote to the 
Board and opposed the adoption of the draft Regulation. He 
suggested that there should be no such distinctions made 
between the survey practices in New Castle County and the 
rest of the State.
Members of the Board discussed the Draft Regulation 
further, and voted to adopt it in the form set forth in 7 Del. 
Reg. 388, at Section 12.11.2.
This Regulation shall go into effect as provided in the 
applicable provisions of the Administrative Procedures Act, 
29 Del.C. Chapter 100.
SO ORDERED THIS ___ DAY OF __________, 2001.
Approved as to form:
Frederick H. Schranck
Deputy Attorney General
12.0Minimum Technical Standards for Licences
12.1The Board is required under Sections 2701 and 
2112(a)(9) to establish minimum technical standards for 
licensees. The purpose of these standards is to establish 
minimum technical criteria to govern the performance of 
surveys when more stringent specifications are not required 
by other agencies or by contract. Further, the purpose is to 
protect the inhabitants of this state and generally to promote 
the public welfare. The Board also established minimum 
standards for Mortgage Inspection Plans (MIPs), and other 
types of work, frequently performed by licensees in portions 
of the state.
12.2Procedure and Standards. Whenever a 
surveyor conducts a boundary survey or an improvement 
location survey of properties, a plat showing the results shall 
be prepared and a copy furnished to the client unless deemed 
unnecessary by the client. The plat shall conform to the 
following requirements and shall include the following 
information:

12.2.1The plat shall be drawn on any reasonably 
stable and durable drawing paper, vellum or film of 
reproducible quality. No plat or map shall have dimensions 
of less than 8 ½ x 11 inches.
12.2.2The plat shall show the written scale, area 
and classifications of the survey. These classifications 
(suburban, urban, rural, and marshland) are based upon both 
the purposes for which the property is being used at the time 
the survey is performed and any proposed developments, 
which are disclosed by the client, in writing. This 
classification must be based on the criteria in Section 12.4 
and the survey must meet the minimum specifications set 
forth in Attachment A. The scale shall be sufficient to show 
detail for the appropriate classification.
12.2.3The horizontal direction of all boundary 
lines shall be shown in relationship to grid north, magnetic, 
or in lieu thereof, to true north or to such other established 
line or lines to which the survey is referenced. The 
horizontal direction of the boundary lines shall be by direct 
angles or bearings. A prominent north arrow shall be drawn 
on every sheet. The description of the bearing reference 
system shall be stated on the plat.
12.2.4All monuments, natural and artificial 
(man-made), found or set, used in the survey, shall be shown 
and described on the survey plat. The monuments shall be 
noted as found or set. All monuments set shall be ferrous 
metal, or contain ferrous metal, not less than ½ inch in 
diameter and not less than 18 inches in length, except 
however, a corner which falls upon solid rock, concrete, or 
other like materials shall be marked in a permanent manner 
and clearly identified on the plat. Monuments shall be set at 
all corners of all surveys as required by these standards, with 
the exception of meanders such as meanders of streams, 
tidelands, wetlands, lakes, swamps and prescriptive road 
rights-of-way. Witness monuments shall be set or referenced 
whenever a corner monument cannot be set or is likely to be 
disturbed. Such witness monument shall be set as close as 
practical to the true corner. If only one (1) witness 
monument is set, it must be set on the actual boundary line or 
prolongation thereof. Otherwise, at least two (2) witness 
monuments shall be set and so noted on the plat of the 
survey. Monuments shall be identified, where possible, with 
a durable marker bearing the surveyor’s registration number 
and/or name.
12.2.5The plat of a metes and boundary survey 
must clearly describe the commencing point and label the 
point of beginning for the survey.
12.2.6Notable discrepancies between the survey 
and the recorded description, and the source of information 
used in making the survey, shall be indicated. When an 
inconsistency is found, including a gap or overlap, excess or 
deficiency, erroneously located boundary lines or 
monuments, the nature of the inconsistency shall be 
indicated on the drawing.
12.2.7In the judgment of the surveyor, the 
description and location of any physical evidence found 
along a boundary line, including but not limited to fences, 
walls, buildings or monuments, shall be shown on the 
drawing.
12.2.8The horizontal length (distance) and 
direction (bearing) of each line as determined in an actual 
survey process shall be shown on the drawing.
12.2.9At least three (3) elements (including 
radius, arc and chord bearing and distance) of all circular 
curves, shall be shown.
12.2.10Information used by the surveyor in the 
property description shall be clearly shown on the plat, 
including but not limited to, the point of beginning, course 
bearing, distance, monuments, etc.
12.2.11The lot and block or tract numbers or other 
designations, including those of adjoining lots, if the survey 
is within a recorded subdivision. If the property is not within 
a recorded subdivision, then the name and deed record of all 
adjoining owners shall be shown.
12.2.12Recorded public and private rights-of-way 
or easements which are discovered during the title search 
performed by others and supplied to the surveyor or 
graphically shown on the recorded plat, which includes the 
property, or which are known or observed adjoining or 
crossing the land surveyed, shall be shown.
12.2.13Location of all permanent improvements 
pertinent to the survey, referenced radially and perpendicular 
to the nearest boundary, shall be shown.
12.2.14Visible or suspected encroachments onto 
or from adjoining property or abutting streets, with the 
extent of such encroachments, shall be shown.
12.2.15A plat or survey shall bear the Company 
and individual name, address, and date of survey and 
original signature and board-approved seal of the licensed 
surveyor in responsible charge. This signature and seal is 
certification that the survey meets minimum requirements of 
the Standards for Land Surveyors as adopted by the 
Delaware Board.
12.2.16The following information shown on the 
plat must be included in a written description, if one is 
provided:
12.2.16.1The commencing point and point 
of beginning.
12.2.16.2Sufficient caption to connect the 
plat and description.
12.2.16.3Length and direction of all lines.
12.2.16.4Curve information as described 
in paragraph 12.2.9.
12.2.16.5Type of monuments noted as 
found or set.
12.2.16.6The area of the parcel.
12.2.16.7Adjoining owners, subdivision 
name, etc.

12.3Standards for Horizontal Control.
12.3.1Definitions for specific types of horizontal 
control surveys, along with standards and procedures, may 
be found in National Geodetic Survey (NGS) or successor 
publications. All geodetic surveys, including determination 
and publication of horizontal and vertical values utilizing 
Global Positioning Systems, Ground Control Systems or any 
other system which relates to the practice and profession of 
Land Surveying, shall be performed under the direct control 
and personal supervision of a licensed Professional Land 
Surveyor licensed in the State of Delaware.
12.3.2Control Surveys that are used to determine 
boundary lines, including developing coordinates for 
existing boundary corners, shall meet the Standards 
contained herein.
12.3.3Land Information Systems/Geographic 
Information Systems (LIS/GIS) maps should be built on a 
foundation of coordinates obtained by an accurate survey. 
Creation of LIS/GIS maps and services should include a 
Professional Land Surveyor licensed in the State of 
Delaware for coordination and input of their knowledge in 
these fields.
12.4Classification of Surveys.
12.4.1Urban Surveys - Surveys of land lying 
within or adjoining a city or town. This would also include 
the surveys of commercial and industrial properties, 
condominiums, townhouses, apartments and other 
high-density developments regardless of geographic 
location.
12.4.2Suburban Surveys - Surveys of land lying 
outside urban areas. This land is used almost exclusively for 
single family residential use or residential subdivisions.
12.4.3Rural Surveys - Surveys of land such as 
farms and other undeveloped land outside the suburban areas 
which may have a potential for future development.
12.4.4Marshland Surveys - Surveys of land 
which normally lie in remote areas with difficult terrain and 
usually have limited potential for development and cannot be 
classified as urban, suburban or rural surveys. This includes, 
but is not limited to, surveys of farmlands and rural areas.
12.5ALTA/ACSM Land Title Survey. The current 
published standard as amended from time to time.
12.6Mortgage Inspection Plans (MIP)
12.6.1Purpose. The purpose of an MIP is to 
locate, describe and represent the positions of buildings or 
other visible improvements, or both, affecting the property 
being inspected.
12.6.2Product. The results of the MIP shall be 
stated on a plat showing the property inspected and the 
location of the buildings or other visible improvements 
affecting the inspected property.
12.7The Approval by the Consumer and 
Disclosures.
12.7.1The surveyor shall not begin work for 
compensation pursuant to this regulation until the surveyor 
receives a signed approval form more particularly described 
below.
12.7.2The approval form or its equivalent shall 
be sufficient if signed by one consumer, whether or not there 
are multiple consumers, or, if a consumer is not an 
individual, the consumer’s duly authorized agent, with 
respect to the property for which services pursuant to this 
regulation are sought. The approval form shall at a 
minimum contain:
12.7.2.1An approval by the signer of the 
requested services; and
12.7.2.2An explanation of the differences 
between an MIP and a boundary survey which includes an 
improvement location drawing.
12.7.2.3The following approval form or its 
equivalent shall suffice for the purpose of complying with 
this regulation: “Approval Form (on company letterhead, 
with name, address and telephone number)
In connection with the purchase or refinancing of 
the property located at ________________, we 
have been requested to prepare an MIP.
Since an MIP is not a boundary survey and does not 
identify property boundary lines, State regulations 
require us to have your approval. Therefore, please 
sign and return the original of this form promptly, 
by fax or mail, so that there will be no delay in 
settlement.
If you wish, we can perform a boundary survey, 
which includes an Improvement Location Drawing 
(ILD). This survey will identify property boundary 
lines and will mark property boundary corners.
An MIP will cost approximately $______. A 
boundary survey which includes an ILD will cost 
(approximately $_________) (between $_____ and 
$______).
Very truly yours,
Check appropriate lines:
_________We approve the preparation of an MIP. 
We have read and understand that, in the absence of 
any problem revealed by or during the preparation 
of this drawing, it may be all that is required of the 
land surveyor.
__________We request a boundary survey that will 
include an ILD, and will identify property boundary 
lines and mark property boundary corners.
__________________(Signature)
__________________(Signature)

12.7.3Upon receipt of an approval form, which 
complies with this section, the surveyor shall perform the 
services approved by the consumer. If the consumer 
requests a boundary survey which includes an ILD, then the 
survey shall be consistent with the provisions set forth in The 
Minimum Model Standards adopted by the Board.
12.8Minimum Procedures. If the consumer 
approves the preparation of an MIP, the surveyor shall 
perform at least the following procedures:
12.8.1Examine the current deed and/or plat for 
the subject parcel and review the most current tax 
assessment map for inconsistencies with deed or plat.
12.8.2Take sufficient on-site measurements to 
enable the surveyor to perform the tasks called for by this 
regulation with regard to the:
12.8.2.1Locations of buildings and those 
other improvements pertinent to the MIP;
12.8.2.2Locations of possible 
encroachments reasonably determined based on a visual 
inspection;
12.8.2.3Easements; and
12.8.2.4Rights-of-way.
12.8.3If the consumer has approved an MIP, then 
the following elements shall be shown:
12.8.3.1Significant buildings, structures 
and other improvements, and their relationship to the 
apparent property lines referenced radially and/or 
perpendicular to the nearest boundary, based on the field 
measurements taken by the surveyor, and any other evidence 
considered by the surveyor;
12.8.3.2Statement with regard to the level 
of accuracy and accuracy of apparent setback distances; 
(REFER TO ATTACHMENT A)
12.8.3.3Possible encroachments to the 
extent reasonably determined by a visual inspection of the 
property either way across property lines; and
12.8.3.4Minimum setback lines, as shown 
on plats,
12.8.3.5A minimum of two control points 
and their relationship to each other and the subject property.
12.8.3.6Easements or rights-of-way as 
shown on plats or current deed of record for subject property.
12.8.4If, in connection with the preparation of an 
MIP, a surveyor finds evidence to warrant, in the surveyor’s 
professional opinion, the performance of a boundary survey, 
the surveyor shall so notify, in writing, the consumer or the 
consumer’s representative.
12.8.5If the consumer has approved the 
preparation of an MIP, then:
12.8.5.1The MIP prepared by the 
surveyor shall prominently display, at a minimum, advice to 
the effect that:
12.8.5.1.1The MIP is of benefit to a 
consumer only insofar as it is required by a lender, a title 
insurance company or its agent in connection with the 
contemplated transfer, financing, or refinancing; and
12.8.5.1.2The MIP is not to be relied 
upon for the establishment or location of fences, garages, 
buildings or other existing or future improvements.
12.9Plats.
12.9.1The original plat of an MIP shall be a 
reproducible drawing at a scale which clearly shows the 
results of the field work, computations, research and record 
information as compiled and checked.
12.9.2The plat shall be prepared in accordance 
with the following procedures:
12.9.2.1A reasonably stable and durable 
drawing paper, linen or film is considered a suitable 
material;
12.9.2.2Plats may not be smaller than 8 ½ x 11 
inches;
12.9.2.3The plat shall show the following:
12.9.2.3.1Caption or title and address 
or lot number of the property,
12.9.2.3.2Scale,
12.9.2.3.3Date,
12.9.2.3.4Name and address of the 
firm or surveyor; and
12.9.2.3.5Original signature and 
board-approved seal of the licensed surveyor in responsible 
charge,
12.9.2.3.6Consumer’s name,
12.9.2.3.7Statement with regard to the 
level of accuracy and accuracy of apparent setback 
distances; (REFER TO ATTACHMENT A)
12.10Maintenance of Records.
12.10.1The surveyor shall make a reasonable 
effort to maintain records, including names or initials of all 
personnel, date of performance, reference to field data, such 
as book number, loose leaf pages and other relevant data.
12.11Local Standards.
12.11.1All work shall be performed according to 
the minimum standards for the community in which the 
service is provided, as long as said standards meet or exceed 
the standards herein. (1) Current local standards shall take 
precedence over the MIP as to the manner in which 
mortgage or deed-related surveys or plans are prepared and 
as to the manner of field work and staking related to these 
surveys or plans, if those standards require more detailed or 
more accurate work to meet those local standards.
12.11.2Based on current information, the MIP 
shall be accepted as a minimum standard only in New Castle 
County. In Kent and Sussex counties, MIP’s shall not be 
considered to meet the minimum local standards for the 
work required for mortgage or deed-related surveys or plans.
See 6 DE Reg. 271 (9/1/02)

* PLEASE NOTE: AS THE REST OF THE SECTIONS WERE 
NOT AMENDED THEY ARE NOT BEING PUBLISHED. A 
COMPLETE SET OF THE BOARD OF PROFESSIONAL LAND 
SURVEYORS REGULATIONS ARE AVAILABLE AT:
http://www.state.de.us/research/profreg/Frame.htm
PUBLIC SERVICE COMMISSION
Statutory Authority: 26 Delaware Code,
Section 209(a) (26 Del.C. §209(a))
IN THE MATTER OF THE|
REGULATION GOVERNING|
TERMINATION OF|PSC REGULATION
RESIDENTIAL ELECTRIC|DOCKET NO. 53
OR NATURAL GAS|
SERVICE BY PUBLIC|
UTILITIES FOR NON-|
PAYMENT DURING|
EXTREME SEASONAL|
TEMPERATURE|
CONDITIONS|
(OPENED APRIL 15, 2003)|
ORDER NO. 6325
AND NOW, this 9th day of December, 2003; 
WHEREAS, pursuant to 26 Del. C. § 209(a), and 29 
Del. C. §§ 10111 et seq., the Public Service Commission 
("the Commission") has determined to adopt proposed 
"Regulations Governing Termination Of Residential Electric 
Or Natural Gas Service By Public Utilities For Non-Payment 
During Extreme Seasonal Temperature Conditions" 
("Regulations"); and
WHEREAS, the following parties participated in this 
regulation docket: the Division of the Public Advocate, 
Conectiv Power Delivery, Delaware Electric Cooperative, 
Inc., Chesapeake Utilities Corporation, and the Commission 
Staff; and
WHEREAS, the Commission has determined to issue 
this Order reciting the Background, Summary Of The 
Evidence And Information Submitted, And Its Findings; and
WHEREAS, on or about March 7, 2003, the Division 
of the Public Advocate (“DPA”) filed a Petition to Reopen 
PSC Regulation Docket No. 3 (“Petition”); and 
WHEREAS, on September 4, 1979, the Commission 
initiated PSC Regulation Docket No. 3 to develop rules and 
regulations that would govern the termination of residential 
electric, natural gas, and heating oil services by regulated 
public utilities during the heating season; and 
WHEREAS, after receiving comments from the 
affected utilities, as well as from interested members of the 
consuming public, the Commission, by Order No. 1990 (Oct. 
30, 1979), adopted regulations that specified the 
circumstances under which service terminations during the 
heating season could be effected for non-payment; and
WHEREAS, these Regulations were further modified 
by the Commission in Order No. 2143 (Oct. 28, 1980; and
WHEREAS, the DPA noted in its Petition that, among 
other things, the adopted Regulations provide that no service 
terminations for non-payment shall occur during the heating 
season “to a dwelling unit on a day when the 8:00 a.m. 
ambient air temperature measured at a location in the State 
of Delaware, selected by the utility, within fifty (50) miles of 
the subject dwelling unit, is twenty degrees Fahrenheit 
(20° F) or less on the morning of the date when said service . 
. . is scheduled for termination.”; and
WHEREAS, the DPA contends in its Petition that the 
20° F temperature floor set by the existing Regulations is 
rather extreme and would adversely affect the health and 
safety of the consuming public, particularly that segment of 
the population most likely to face a service termination, 
children, the aged, and the infirm; and
WHEREAS, the DPA asserts in its Petition that the 
DPA Staff has compiled data, which is supplemented with 
research performed by the Commission’s own Staff, 
concerning the termination policies of 35 states during the 
heating season. An analysis of that data reveals the 
following:
• A majority of the state jurisdictions surveyed have 
restrictions against disconnecting electric and/or 
natural gas services during the winter months;
• A third of these states have specific temperature 
restrictions during the winter, and a majority of 
these prohibit terminations if the temperature is less 
than 32° F;
• About a third of the states in the study prohibit the 
disconnection of services to low-income or elderly 
customers during the winter.
WHEREAS, the DPA notes that Delaware lacks a 
uniform standard relating to the temperature floor at which 
regulated utilities may not terminate service during the 
winter; and 
WHEREAS, in its Petition the DPA notes that the 
present Regulations do not speak to the severe and adverse 
impact that service terminations can also have during times 
of extreme temperatures in the Summer; and
WHEREAS, the DPA observes that, in 2001, it was 
able to negotiate with Conectiv Power Delivery (“Conectiv”) 
to voluntarily adopt a policy of limiting service terminations 
of residential customers during periods of extreme heat in 
the Summer, but that this policy is one which Conectiv 
adopted voluntarily and such policy cannot be enforced by 

the Commission nor imposed on any other electric utility; 
and
WHEREAS, the DPA, therefore, has requested that for 
the sake of uniformity, and for the general welfare of all 
consumers of regulated electric services, the Commission 
consider adopting the Conectiv “hot weather” policy as part 
of the termination Regulations originally adopted in this 
docket, to be applicable to all relevant utilities under the 
Commission’s jurisdiction; and
WHEREAS, the Staff submitted a memorandum to the 
Commission dated March 11, 2003, in which it supported the 
reopening of this docket; and
WHEREAS, on April 15, 2003, the Commission issued 
Order No. 6148 reopening this regulation docket and 
recaptioned the docket as Regulation Docket No. 53; and
WHEREAS, pursuant to Order No. 6148, the 
Commission caused to be published a public notice soliciting 
comments concerning revisions to the Regulations; and
WHEREAS, the Commission Staff prepared a proposed 
set of "Regulations Governing Termination Of Residential 
Electric Or Natural Gas Service By Public Utilities For Non-
Payment During Extreme Seasonal Temperature 
Conditions," conducted a public workshop on August 20, 
2003, received and considered written comments from 
interested parties, and conducted a series of teleconferences 
in which the participants in this docket provided further 
comments on the Regulations; and 
WHEREAS, on October 7, 2003, the Commission held 
a duly noticed public hearing to consider the revised 
Regulations prepared by the Staff, the comments and 
discussion at the workshop on August 20, 2003, and the 
written comments received from interested parties; and
WHEREAS, on October 7, 2003, the Commission 
issued Order No. 6282 promulgating the revised Regulations 
prepared by Staff; and 
WHEREAS, the revised Regulations were transmitted 
to the Registrar of Regulations for publication in the 
Delaware Register; and 
WHEREAS, the revised Regulations contained 
provisions designed to: 1) increase the threshold temperature 
level at which the termination of service is prohibited from 
the present level of 20 degrees Fahrenheit to 32 degrees 
Fahrenheit; 2) extend the scope of the regulations to 
encompass the termination of utility service used for cooling 
during the period from June 1 through September 30, in 
circumstances where the Heat Index (a combination of air 
temperature and humidity) will equal or exceed 105 degrees 
Fahrenheit; 3) add definitions for the terms “Cooling 
Season” and “Heat Index;” (4) delete any reference to 
heating oil service, because it is no longer regulated by the 
Commission under Delaware law; 5) enlarge the period of 
notice of termination which must be given to residential 
customers from five working days to fourteen calendar days; 
6) revise the interest rate that may be charged to customers 
on past due amounts being paid under installment 
agreements from 18 percent per year to the interest rate set 
forth in the utility's approved tariff, which revision is 
expected to reduce the interest rate charged to customers; 7) 
amend a provision in the existing regulations regarding the 
minimum duration of an installment agreement to repay an 
undisputed arrearage by providing that the restriction will 
not apply to subsequent installment agreements in the event 
the customer defaults on the initial agreement; 8) clarify the 
language in the regulations to require covered utilities to 
make a reasonable good faith attempt to make personal 
contact with the customer at the premises to be disconnected 
prior to termination; 9) specify that the revised regulations 
do not apply during the cooling season to customers of a 
natural gas utility, unless the natural gas utility provides 
natural gas service for space cooling to the customer's 
dwelling unit; 10) revise language in the existing regulations 
about providing customers who are unable to pay their utility 
bill with information about organization(s) that may provide 
the customers with assistance; 11) revise a provision of the 
existing regulations to deal with situations where a customer 
tenders cash to a utility employee who is not authorized to 
accept cash; 12) update provisions dealing with non-
mandatory third party notice programs that may be adopted 
by utilities; and 13) revise provisions related to the 
termination of service to multiple occupancy dwelling units 
served through a master meter, including the posting of 
notice at each affected building; and 
WHEREAS, pursuant to Commission Order No. 6282, 
public notice was published in The News Journal and 
Delaware State News newspapers seeking additional public 
comment to be filed with the Commission on or before 
November 30, 2003, and stating that the Commission would 
conduct a public hearing on the revised Regulations on 
December 9, 2003; and
WHEREAS, no additional written comments have been 
received from the public or interested parties; and
WHEREAS, the participants in this docket have jointly 
proposed an amendment to Section 3.1 of the revised 
Regulations to require covered utilities to make at least one 
documented attempt to contact the customer by telephone 
prior to actual termination of service; and
WHEREAS, no additional amendments have been 
proposed to the revised Regulations.
Now, therefore, IT IS SO ORDERED:
1.Pursuant to 29 Del.C. §209(a), the Commission 
finds and determines that the adoption of the proposed 
Regulations, including the aforesaid amendment to Section 
3.1, is just and reasonable, and in the public interest, and will 
foster the furnishing of safe and adequate and proper service 
to customers.
2.The Secretary of the Commission shall transmit to 

the Registrar of Regulations for publication in the Delaware 
Register on January 1, 2004, the proposed Regulations 
attached hereto as Exhibit "A." The Commission hereby 
adopts and approves the proposed Regulations, attached 
hereto as Exhibit "A," as the Regulations that will govern the 
Termination Of Residential Electric Or Natural Gas Service 
By Public Utilities For Non-Payment During Extreme 
Seasonal Temperature Conditions. The Regulations shall 
become effective on January 12, 2004.
3.The Commission retains jurisdiction in this matter, 
including the authority to make such further Orders as may 
be just or proper.
BY ORDER OF THE COMMISSION:
Arnetta McRae, Chair
Joshua M. Twilley, Vice Chair
Joann T. Conaway, Commissioner
Donald J. Puglisi, Commissioner
Jaymes B. Lester, Commissioner
ATTEST: Karen J. Nickerson, Secretary
E X H I B I T “A”
THE DELAWARE PUBLIC SERVICE COMMISSION
REGULATION GOVERNING TERMINATION OF 
RESIDENTIAL ELECTRIC OR NATURAL GAS 
SERVICE BY PUBLIC UTILITIES FOR NON-
PAYMENT DURING EXTREME SEASONAL 
TEMPERATURE CONDITIONS
PSC REGULATION DOCKET NO. 53
(Opened: April 15, 2003 (PSC Order No. 6148)
I.GENERAL
1.1Authority
These regulations are adopted pursuant to the 
authority granted to the Public Service Commission under 26 
Del.C. § 209(a) and 29 Del.C. §101.
1.2Application and Purpose
These regulations establish uniform procedures 
which must be followed prior to termination of service for 
non-payment during the heating or cooling season and apply 
to all covered utilities. The purpose of these regulations is to 
protect public health, safety, and property by taking 
reasonable steps to insure that an individual has the 
opportunity to act to avoid termination of certain utility 
services for non-payment during the heating or cooling 
season without imposing substantial additional cost on other 
utility customers. Notwithstanding anything stated in these 
regulations to the contrary, the provisions of theseregulations do not apply during the cooling season to a 
customer of a natural gas utility, unless the natural gas utility 
provides natural gas service for space cooling to the 
customer's dwelling unit.
II.DEFINITIONS
“Cooling Season” – means that portion of the calendar 
year extending from June 1 through September 30.
"Covered Utility" - means any utility regulated by the 
Public Service Commission of Delaware that supplies 
electric or natural gas service to a dwelling unit.
"Dwelling Unit" - means one or more rooms arranged 
for the use of one or more individuals as a single 
housekeeping unit, with cooking, living, sanitary, and 
sleeping facilities.
“Heat Index” – a measure utilized by the National 
Weather Service of the apparent temperature (how hot it 
feels) when relative humidity is added to the actual air 
temperature.
"Heating Season" - means that portion of the calendar 
year extending from November 15 to March 31.
"Personal Contact" - means a face-to-face meeting 
between the customer or responsible occupant of the 
premises served and an employee of the covered utility who 
is authorized to receive payment and issue a receipt or make 
other arrangements for payment.
"Written Notice" - means notice in writing, mailed by 
First Class mail to the person who is being given notice, 
using the current billing address as shown on the records of 
the utility.
III.PROHIBITIONS
3.1.Written and Verbal Notice
A.Notwithstanding any tariff provision or 
contract provision to the contrary, no covered utility shall 
terminate service to a dwelling unit during the heating or 
cooling season for non-payment of a past due bill or bills, 
unless at least fourteen (14) calendar days prior to such 
termination, written notice is given to the customer. The 
notice shall state the fact of impending termination, the date 
on or after which such termination will occur, and the steps 
which may be taken to avoid such termination. In addition, 
[during the heating season,] the covered utility shall make 
at least two (2) documented attempts on separate days to 
contact the customer by telephone prior to actual termination 
of service. One such attempt shall be after 6:00 P.M. 
[During the cooling season, the covered utility shall make 
at least one (1) documented attempt to contact the 
customer by telephone prior to actual termination of 
service.]
B.During the heating season only, in those 
situations where the billing address is different from the 
location at which the service is being provided, the advance 
written notice required by § 3.1.A must also be given to the 
occupant of the premises being served.

3.2Content of Notice
The written and verbal notice required by §3.1 
shall, at a minimum, include notification of the following:
A.The date on or after which termination of 
service will occur unless some satisfactory arrangement is 
made for the payment of the undisputed delinquent bill or 
bills, which date shall be no less than fourteen (14) calendar 
days from the mailing of written notice.
B.That if there is a good faith dispute concerning 
the unpaid bill or bills, termination of service will not take 
place pending determination of the dispute, provided the 
utility is notified of the existence of the dispute prior to 
actual termination. In this regard, the utility must also give 
the name or names of the persons or office authorized to 
receive notification of the existence of the dispute and 
empowered to resolve such disputes, together with the 
telephone number and address at which such persons or 
office can be contacted and notified of the existence of a 
dispute. No covered utility shall be required to delay 
termination of service pending resolution of a disputed bill 
or bills where the undisputed portion of the bill or bills 
would otherwise justify termination of service or where the 
customer does not agree to pay current undisputed bills as 
they become due and to eliminate undisputed arrearages by 
installment payments. Service will not be reconnected after 
termination for non-payment on the grounds that a good faith 
dispute exists unless and until arrangements satisfactory to 
the covered utility have been made for payment in the event 
the dispute is resolved in favor of the utility.
C.That if the customer is unable to pay the full 
amount of the undisputed bill or bills, termination of service 
may be avoided by entering into an initial installment 
agreement with the utility whereby the customer will agree 
to pay current bills as they become due and eliminate, by 
monthly installment payments, the undisputed arrearage 
over a period of not less than that during which the unpaid 
bills were incurred with interest on the unpaid balance at the 
next billing date. If the customer violates the initialinstallment agreement, the limitation on the minimumduration of the initial installment agreement shall not apply 
to any subsequent installment agreement. The interest rate 
shall be set forth in the approved tariff of the covered utility. 
The name, address, and telephone number of the utility 
employees or office empowered to enter into installment 
arrangements on behalf of the covered utility must be 
provided to the customer.
D.That if the customer is unable to pay the 
undisputed bill or bills in full, or to enter into a satisfactory 
reasonable installment arrangement, there are charitable or 
governmental organizations or agencies that may be able to 
assist customers who are so situated and that the customer 
should immediately contact such organizations. The written 
notice required by § 3.1 shall contain either a list of those 
organizations who have notified the covered utility that they 
may be able to assist customers, or the name and telephone 
number of an organization that the customer can contact to 
obtain such information. 
E.That if any occupant of the dwelling unit is so 
ill that termination of the utility service would adversely 
affect health or recovery, which fact has been certified by a 
statement from any licensed Delaware physician or any 
accredited Christian Science practitioner, when such 
certification is received by the covered utility or its 
employee, termination of service is prohibited by Delaware 
Law (26 Del.C. § 117(d)).
3.3Final Contact Prior to Termination
The employee of the utility who is to disconnect 
service shall make a reasonable good faith attempt to make 
personal contact at the premises to be disconnected. If 
personal contact is made, the employee shall:
A.Identify himself or herself to the customer or 
some responsible person then upon the premises and shall 
announce the purpose of his or her presence.
B.Identify and record the name of the person 
contacted.
C.Accept payment of all amounts tendered which 
are necessary to avert disconnection and issue a receipt for 
such payment. If the form of payment is unacceptable to the 
utility, the employee can make other payment arrangements 
with the customer.
D.Record and report to his or her supervisor any 
statements disputing the accuracy of the utility's findings 
concerning the cause for termination of service.
E.Record and report to his or her supervisor 
statements or other information concerning the existence of 
any condition on the premises which would result in a 
medical emergency if service were terminated.
F.Receive written certification from a duly 
licensed Delaware physician or accredited Christian Science 
practitioner that a named occupant of the dwelling unit is so 
ill that termination of service will adversely affect the 
occupant’s health or recovery. Upon receipt of such 
certification, the utility shall not disconnect service.
IV.THIRD PARTY NOTICE
4.1Non-Mandatory Third Party Notice
All covered utilities shall inform all of their 
customers of the availability of any third party notification 
program offered by the utility, whereby the customer can 
designate, in writing, a third person to receive notice of past 
due bills and written notice of termination of service. The 
third party so designated must indicate, in writing, 
willingness to receive such notice and shall not be held, in 
any way, liable to the utility by reason of acceptance of third 
party status.
4.2Termination Notice Without Third Party Notice 
Program
No covered utility without a third party notice 

program, shall terminate service to a dwelling unit during the 
heating or cooling season without first having given the 
written notice required by § 3.1 and, in addition, having 
made actual contact on a face-to-face basis with an occupant 
over the age of 15 years of such dwelling unit, giving the 
minimum notice set forth in § 3.3.
4.3Information Concerning Third Party Notice
If a covered utility adopts such a program, theutility shall take appropriate steps to see that all customers 
are aware of the existence of the third party notice program.
V.TERMINATION OF SERVICE TO MULTIPLE 
OCCUPANCY DWELLING UNITS SERVED 
THROUGH A MASTER METER
5.1 Prohibition
Notwithstanding any tariff provision or contract 
provision to the contrary, no covered utility shall terminate 
service during the heating or cooling season to any 
apartment complex, trailer park, or other grouping of 
individual residential dwelling units to which service is 
provided directly or indirectly through a master meter 
without individual meters, unless such utility has providedthe notice required in §§ 5.2 and 5.3.
5.2 Notice to Owner
A written notice pursuant to § 5.1 shall be sent by 
First Class mail not less than fourteen (14) calendar days 
prior to the scheduled date of termination for non-payment to 
the owner of the premises affected or in lieu thereof, to the 
person, firm, or corporation to whom or which the last 
preceding bill has been rendered or from whom or which the 
covered utility has received payment. The content of such 
notice shall, at minimum, include the notification required 
by § 3.2. 
5.3Notice to Occupants
The covered utility shall, at least ten (10) calendar 
days prior to termination for non-payment, provide notice to 
the occupants, which notice shall state the intended date of 
termination of service, the amount due for such service, and 
the procedure by which any tenant or public agency may 
make or guarantee such payment, and thereby avoid 
termination of service.
Such notice to occupants shall either be mailed by 
first class mail to the "occupant" of each dwelling unit in the 
building complex to which service is proposed to be 
terminated or posted in a conspicuous place or places at each 
building subject to termination, including common areas 
accessible to the utility.
5.4Notice to State Agencies
Not less than fourteen (14) calendar days prior to 
termination of service to a multiple occupancy dwelling unit, 
the covered utility shall provide written notice of its 
intention to so terminate to the Public Service Commission 
of the State of Delaware, and to the Division of the Public 
Advocate.
VI.PROHIBITION ON TERMINATION DURING 
EXTREME SEASONAL TEMPERATURE 
CONDITIONS
6.1Conditions of Termination
A.Heating Season
Under no circumstances may a covered utility 
terminate service for non-payment to a dwelling unit on a 
day when the National Weather Service reports that the 8:00 
A.M. temperature measured at a location in the State of 
Delaware that is within fifty (50) miles of the subject 
dwelling unit is thirty-two degrees Fahrenheit (32×F) or 
below on the morning of the date when said service is 
scheduled for termination.
B.Cooling Season
Under no circumstances may a covered utility 
terminate service for non-payment to a dwelling unit on a 
day when the 8:00 A.M. National Weather Service forecast 
contains a special weather statement or other information 
predicting that the Heat Index measured at a location in the 
State of Delaware that is within fifty (50) miles of the subject 
dwelling unit may equal or exceed one-hundred five degrees 
Fahrenheit (105×F) on the date when said service is 
scheduled for termination.
6.2Deferred Termination
Where termination of service, otherwise authorized, 
has been deferred by virtue of § 6.1, notice of such fact shall 
be left at the subject dwelling unit on the date on which 
termination was to be effected, notifying the occupant that 
unless proper payment arrangements are made, service will 
be terminated thereafter on a day when § 6.1 does not apply. 
If the termination of service involves an apartment complex, 
trailer park, or other grouping of individual residential 
dwelling units to which service is provided directly or 
indirectly through a master meter without individual meters, 
the notice required by this section shall be deemed sufficient 
if the notice is given in accordance with § 5.3.
VII.PENALTY AND BURDEN OF PROOF
7.1Penalty
Any covered utility determined, after hearing, to 
have terminated service for non-payment to a dwelling unit 
or multiple occupancy dwelling unit in violation of these 
regulations, may be fined an amount equal to twice the 
amount of arrearage for which service was terminated, or 
such lesser amount as deemed appropriate after full 
consideration of the circumstances. The fine which may be 
imposed shall not exceed the sum of $1,000 for each day 
during which the termination is in violation of these 
regulations.
7.2Burden of Proof
The burden of proof of compliance with these 
regulations shall be upon the covered utility at any 
proceeding instituted by formal written complaint to or upon 
motion of the Public Service Commission of Delaware. The 

Commission specifically reserves the right to randomly 
select termination cases and require the covered utility to 
appear before the Commission at a duly notice hearing and 
establish compliance with these regulations.
DEPARTMENT OF EDUCATION
14 DE Admin. Code 220
Statutory Authority: 14 Delaware Code,
Section 220 (14 Del.C. §220)
REGULATORY IMPLEMENTING ORDER
230 Promotion
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the 
State Board of Education to re-adopt regulation 230 
Promotion. The regulation requires that local school 
districts have promotion policies in place for grades K 
through grade 12. The local policies must also incorporate 
the promotion requirements as defined in the Delaware Codeand in regulation 925 Children with Disabilities.
Notice of the proposed regulation was published in the 
News Journal and the Delaware State News on October 20, 
2003 in the form hereto attached as Exhibit “A”. No 
comments were received.
II. Findings of Facts
The Secretary finds that it is appropriate to re-adopt this 
regulation as it is necessary to have a regulation mandating 
that school districts have a promotion policy and that the 
policy include requirements in the Delaware Code including 
the “Wagner Rule”.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that 
it is appropriate to re-adopt the regulation. Therefore, 
pursuant to 14 Del.C. §122, the regulation attached hereto as 
Exhibit “B” is hereby re-adopted. Pursuant to the provision 
of 14 Del.C. §122(e), the regulation hereby amended shall 
be in effect for a period of five years from the effective date 
of this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in 
the form attached hereto as Exhibit “B”, and said regulation 
shall be cited as 14 DE Admin. Code 230 in the 
Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the 
Secretary pursuant to 14 Del.C. §122 on December 18, 2003. 
The effective date of this Order shall be ten (10) days from 
the date this Order is published in the Delaware Register of 
Regulations.
IT IS SO ORDERED the 18th day of December 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 18th day of December, 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
230 Promotion
1.0Each local school district shall have a promotion policy 
for kindergarten through grade 12.
1.1Local school districts must follow the requirements 
for promotion as defined in 14 Del.C. §153, titled 
Matriculation and Academic Promotion Requirements and 
Regulation 925, Children with Disabilities.
1.2The promotion policies for grades 1-8 must also, at 
a minimum, include the following:
1.2.1Students in grades 1-8 must receive 
instruction in English Language Arts or its equivalent, 
mathematics, social studies and science each year as defined 
in the Delaware Content Standards.
1.2.2Students in grades 1-8 must pass 50% of 
their instructional program each year (excluding physical 
education) to be promoted to the next grade level. One of the 
subject areas that must be passed is English Language Arts 
or its equivalent. English Language Arts or its equivalent 
includes English as a Second Language (ESL), and bilingual 
classes that are designed to develop the English language 
proficiency of students who have been identified as LEP. 
Classes in English Language Arts, mathematics, science and 
social studies include those which employ alternative 
instructional methodologies designed to meet the needs of 
LEP students in the content areas.
See 2 DE Reg. 1248 (1/1/99)

REGULATORY IMPLEMENTING ORDER
275 Charter Schools
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the 
State Board of Education to amend regulation 275 Charter 
Schools. A change was made in 4.5.3 on the requirements of 
the charter school applicant to provide for the health and 
safety of students, employees and guests. An addition was 
made as 8.1.1 that now addresses the enrollment preferences 
for founding members of the charter school. Changes to 10.3 
were made to clarify the circumstances that are necessary for 
the renewal of school charters and the words Relative 
Caregiver were capitalized in the definitions in 2.0. This 
regulation was advertised in the August 2003 and re-
advertised in the November 2003 Register of Regulations. 
The amended sections are the same in this version but the 
wording has been changed in sections 4.5.3 and 10.3.
Notice of the proposed regulation was published in the 
News Journal and the Delaware State News on October 20, 
2003, in the form hereto attached as Exhibit “A”. Positive 
comments were received from the State Council for Persons 
with Disabilities concerning the adjustments made to the 
amendments. The Governors Advisory Council for 
Exceptional Citizens asked if public schools are required to 
provide coverage for “guests” as stated in section 4.5.3 of the 
Charter Regulation. Section 4.5.3 implements the 
requirement that a charter school application show that the 
“procedures the school plans to follow to assure the health 
and safety of students, employees and guests of the school 
while they are on school property are adequate...” 14 
Del.C.§515(12). The Department notes that charter schools 
are public schools. The Education Title of the Delaware 
Code does not require public schools to provide nursing 
services to guests, though it is possible that nurses might 
respond to guests in emergency situations. 
A second question from the Advisory Council inquired 
whether the “plan” as an alternative to a nurse on duty 
provides for day-to-day nursing services? Any plan that 
serves as an alternative to a full time nurse must be adequate 
and must also be comparable to services that would be 
offered by a full time nurse.
II. Findings of Facts
The Secretary finds that it is appropriate to amend this 
regulation in order to provide for the health and safety of 
students,employees and guests, clarify the circumstances 
that are necessary for the renewal of school charters and 
clarify the enrollment preferences for founding members.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that 
it is appropriate to amend the regulation. Therefore, pursuant 
to 14 Del. C. Chapter 5, the regulation attached hereto as 
Exhibit “B” is hereby amended. Pursuant to the provision of 
14 Del. C. §122(e), the regulation hereby amended shall be 
in effect for a period of five years from the effective date of 
this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in 
the form attached hereto as Exhibit “B”, and said regulation 
shall be cited as 14 DE Admin. Code §275 in the 
Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the 
Secretary pursuant to 14 Del. C. Chapter 5 on December 18, 
2003. The effective date of this Order shall be ten (10) days 
from the date this Order is published in the Delaware 
Register of Regulations.
IT IS SO ORDERED the 18th day of December 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 18th day of December, 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Valerie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
275 Charter Schools
1.0Purpose and Effect
1.1The purpose of these regulations is to provide rules 
to govern the implementation of Chapter 5 of Title 14 of theDelaware Code (hereafter, the “Charter School Law”). 
1.2These regulations establish the requirements for 
applying for a charter to operate a public school, and for 
opening and operating the school, when a charter is granted 
by the Department of Education with the approval of the 
State Board of Education.
1.3These regulations affect students who attend 
Charter Schools, the parents and other care givers of these 

students, the directors, staff and administrators of the Charter 
Schools, and the students, staff, administrators and boards of 
the reorganized school districts of the State.
1.4These regulations shall bind all Charter Schools and 
are incorporated into all charters approved by the 
Department with the consent of the State Board.
See 6 DE Reg. 274 (9/1/02)
2.0Definitions. The following definitions apply for 
purposes of interpreting the Charter School Law and these 
regulations:
Accountability Committee: Any Charter School 
Accountability Committee established by the Department to 
review and report to the Department as provided in Sections 
511 and 515 of the Charter School Law.
Applicant: A legal entity organized under the Delaware 
General Corporation Law that has applied to the Department 
for, but not yet received, a charter to operate a charter school, 
or the renewal or modification of such a charter, as the 
context indicates.
Audit: An informal financial, programmatic, or 
compliance audit of a charter school.
Charter Holder: The legal entity organized under the 
Delaware General Corporation Law to which a charter is 
issued by the Department with the approval of the State 
Board.
Charter School: A nominee based full time public 
school that is operated in an approved physical plant under a 
charter granted by the Department with the approval of the 
State Board for the personal physical attendance of all 
students.
DSTP: The Delaware Student Testing Program 
established at 14 Del.C. §151, et.seq., and, as the context 
requires, the assessments administered pursuant to the 
program.
Department: The Delaware Department of Education
First Instructional Day: The first day a Charter School 
is open with students in attendance.
Formal Review: The lawful investigation of a Charter 
School to determine whether the school is violating the terms 
of its charter. Formal reviews may include, but are not 
limited to, on site visits, inspection of educational records 
and other documents, and interviews of parents, Charter 
School employees and others with knowledge of the school’s 
operations and educational programs. 
Founding Board of Directors: The duly elected Board 
of Directors of an Applicant at the time the original 
application for a charter is filed with the Department. 
Parent: The natural or adoptive parent, or the legal 
guardian, of a student enrolled in the charter school. “Parent” 
also includes individuals authorized to act as “relative 
caregivers” Relative Caregivers under the provisions of 14Del.C. §202(e)(2).
Performance Review: Reserved
Renewal: The approval of an application to continue 
operating an existing Charter School for an additional five 
year period, available after the school has been in operation 
for three years.
Secretary: The Secretary of the Delaware Department 
of Education.
State Board: The Delaware State Board of Education.
See 6 DE Reg. 274 (9/1/02)
3.0Application Process
3.1Application Deadlines: Applications to establish 
new Charter Schools must be submitted to the Department 
between November 1st and December 31st for schools 
preparing to admit students the second September 1st 
thereafter.
3.2All applications, whether for an original charter, a 
modification of a charter or the Renewal of a charter, shall be 
made on forms approved by the Department.
3.3The Department may require a criminal background 
check on any person involved in the preparation of an 
application, whether for an original charter, a major 
modification or a charter Renewal, and on any person 
involved in the development of the proposed Charter School.
3.4An original and ten (10) copies of a completed 
application must be received by the Department by the 
application deadline in order for the application to be 
considered. Incomplete applications, or applications 
received after the deadline, will not be considered. 
3.5All written communications from the Department 
or the Accountability Committee to an Applicant shall be 
sent to the contact person identified in the application, at the 
address provided in the application. An Applicant is 
responsible for notifying the Department in writing of any 
change in the contact person or contact address after its 
application is submitted.
3.6An application is not complete unless all of the 
following requirements are met:
3.6.1All questions on the application form are 
answered.
3.6.2All documentation required by the 
application form or subsequently requested by the 
Department or the Accountability Committee is received.
3.7No application for a new Charter School will be 
accepted by the Department in any year in which the 
Department with the approval of the State Board has decided 
not to accept applications.
3.8Applications will not remain pending from year to 
year. Applications that do not result in the issuance of a 
charter must be resubmitted in full in subsequent years to be 
considered in subsequent years.
3.9The State Board of Education may designate one or 
more of its members to sit as non-voting members of the 
Accountability Committee.
3.10In deciding whether to approve or disapprove 

any application for an original charter, a major modification 
of a charter or the Renewal of a charter, the Secretary and 
State Board shall base the decision on the record. The record 
shall consist of the application and any documents filed 
therewith in support of the application, the preliminary and 
final report of the Accountability Committee, any response 
or other evidence, oral or otherwise, provided by the 
Applicant to the Accountability Committee prior to the 
issuance of its final report, any comments received at any 
public hearing conducted pursuant to the provisions of the 
Charter School Law, including comments made at any such 
hearing by the applicant in response to the Accountability 
Committee’s final report and any written or electronic 
comments received at or before any such public hearing. No 
other evidence shall be considered. Written and electronic 
comments must be received by the Education Associate for 
Charter Schools no later than the beginning of the public 
hearing to be included in the record.
See 6 DE Reg. 274 (9/1/02)
4.0Standards and Criteria for Granting Charter
4.1Applicant Qualifications
4.1.1The Applicant must demonstrate that its 
board of directors has and will maintain collective 
experience, or contractual access to such experience, in the 
following areas:
4.1.1.1Research-based curriculum and 
instructional strategies, to particularly include the 
curriculum and instructional strategies of the proposed 
educational program.
4.1.1.2Business Management, including but 
not limited to accounting and finance.
4.1.1.3Personnel management.
4.1.1.4Diversity issues, including but not 
limited to outreach, student recruitment, and instruction.
4.1.1.5At-risk populations and children with 
disabilities, including but not limited to students eligible for 
special education and related services.
4.1.1.6School operations, including but not 
limited to facilities management.
4.1.2The application must identify the certified 
teachers, the parents and the community members who have 
been involved in the preparation of the application and the 
development of the proposed Charter School.
4.1.3The Applicant’s bylaws must be submitted 
with the application and must demonstrate that:
4.1.3.1The Charter Holder’s board of 
directors will include a certificated teacher employed as a 
teacher at the Charter School and a Parent of a currently 
enrolled student of the school no later than the school’s First 
Instructional Day;
4.1.3.2The Applicant’s business is restricted 
to the opening and operation of: Charter Schools, before 
school programs, after school programs and educationally 
related programs offered outside the traditional school year.
4.1.3.3The board of directors will meet 
regularly and comply with the Freedom of Information Act, 
29 Del.C. Chapter 100 in conducting the Charter School’s 
business.
4.2Student Performance
4.2.1Minimum Requirements
4.2.1.1The Applicant must agree and certify 
that it will comply with the requirements of the State Public 
Education Assessment and Accountability System pursuant 
to 14 Del. C. §§ 151, 152, 153, 154, and 157 and Department 
rules and regulations implementing Accountability, to 
specifically include the Delaware Student Testing Program.
4.2.1.2The Applicant must demonstrate that 
it has established and will apply measurable student 
performance goals on the assessments administered pursuant 
to the Delaware Student Testing Program (DSTP), and a 
timetable for accomplishment of those goals. 
4.2.1.3At a minimum, the Applicant must 
agree and certify that the Charter School’s average student 
performance on the DSTP assessments in each content area 
will meet the statewide average student performance of 
students in the same grades for each year of test 
administration.
4.2.2Special Student Populations
4.2.2.1An Applicant for a charter proposing 
enrollment preferences for students at risk of academic 
failure shall comply with the minimum performance goals 
established in Subsections 4.2.1.2 and 4.2.1.3. This 
requirement may be waived where the Applicant 
demonstrates to the satisfaction of the Department and State 
Board that the Charter School will primarily serve at risk 
students and will apply performance goals and timetables 
which are appropriate for such a student population. 
4.2.2.2An Applicant for a charter proposing 
an enrollment preference other than a preference for students 
at risk of academic failure shall comply with the Section. 
4.2.1. In addition, the Department, with the approval of the 
State Board, may require such an Applicant to establish and 
apply additional and higher student performance goals 
consistent with the needs and abilities of the student 
population likely to be served as a result of the proposed 
enrollment preferences. 
4.2.3If the Applicant plans to adopt or use 
performance standards or assessments in addition to the 
standards set by the Department or the assessments 
administered pursuant to the DSTP, the application must 
specifically identify those additional standards or 
assessments and include a planned baseline acceptable level 
of performance, measurable goals for improving 
performance and a timetable for accomplishing 
improvement goals for each additional indicator or 
assessment. The use of additional performance standards or 
assessments shall not replace, diminish or otherwise 

supplant the Charter School’s obligation to meet the 
performance standards set by the Department or to use the 
assessments administered pursuant to the DSTP.
4.3Educational Program
4.3.1The application must demonstrate that the 
school’s proposed program, curriculum and instructional 
strategies are aligned to State content standards, meet all 
grade appropriate State program requirements, and in the 
case of any proposed Charter High School, includes driver 
education. The educational program shall include the 
provision of extra instructional time for at risk students, 
summer school and other services required to be provided by 
school districts pursuant to the provisions of 14 Del.C. §153. 
Nothing in this subsection shall prevent an Applicant from 
proposing high school graduation requirements in addition to 
the state graduation requirements.
4.3.2The application must demonstrate that the 
Charter School’s educational program has the potential to 
improve student performance. The program’s potential may 
be evidenced by:
4.3.2.1Academically independent, peer 
reviewed studies of the program conducted by persons or 
entities without a financial interest in the educational 
program or in the proposed Charter School; 
4.3.2.2Prior successful implementation of 
the program; and
4.3.2.3The Charter School’s adherence to 
professionally accepted models of student development.
4.3.3The application must demonstrate that the 
Charter School’s educational program and procedures will 
comply with applicable state and federal laws regarding 
children with disabilities, unlawful discrimination and at risk 
populations, including but not limited to the following 
showings.
4.3.3.1The school’s plan for providing a free 
appropriate public education to students with disabilities in 
accordance with the Individuals with Disabilities Education 
Act, with 14 Del. C. Ch. 31 and with Department Regulation 
925, specifically including a plan for having a continuum of 
educational placements available for children with 
disabilities.
4.3.3.2The school’s plan for complying with 
Section 504 of the Rehabilitation Act of 1973 and with the 
Americans with Disabilities Act of 1990.
4.3.3.3The school’s plan for complying with 
Titles VI and VII of the Civil Rights Act of 1964.
4.3.3.4The school’s plan for complying with 
Title IX of the Education Amendments of 1972. 
4.4Economic Viability.
4.4.1The application must demonstrate that the 
school is economically viable and shall include satisfactory 
documentation of the sources and amounts of all proposed 
revenues and expenditures during the school’s first three 
years of school operation after opening for instructional 
purposes. There must be a budgetary reserve for 
contingencies of not less than 2.0% of the total annual 
amount of proposed revenues. In addition, the application 
shall document the sources and amounts of all proposed 
revenues and expenditures during the start-up period prior to 
the opening of the school.
4.4.2The Department may require that the 
Applicant submit data demonstrating sufficient demand for 
Charter School enrollment if another Charter School is in the 
same geographic area as the Applicant’s proposed school. 
Such data may include, but is not limited to, enrollment 
waiting lists maintained by other Charter Schools in the 
same geographic area and demonstrated parent interest in the 
Applicant’s proposed school.
4.4.3The application shall identify with 
specificity the proposed source(s) of any loan(s) to the 
Applicant including, without limitation, loans necessary to 
implement the provisions of any major contract as set forth 
below, and the date by which firm commitments for such 
loan(s) will be obtained.
4.4.4The application shall contain a timetable 
with specific dates by which the school will have in place the 
major contracts necessary for the school to open on 
schedule. “Major contracts” shall include, without 
limitation, the school’s contracts for equipment, services 
(including bus and food services, and related services for 
special education), leases of real and personal property, the 
purchase of real property, the construction and/or renovation 
of improvements to real property, and insurance. Contracts 
for bus and food services must be in place no later than 
August 1st of the year in which the school proposes to open 
and August 1st of each year thereafter. Contracts for the 
lease or purchase of real property, and/or the construction 
and/or renovation of improvements to real property must be 
in place sufficiently far in advance so that the Applicant 
might obtain any necessary certificate of occupancy for the 
school premises no later than June 15th of the year in which 
the school proposes to open.
4.4.5Reserved
4.5Attendance, Discipline, Student Rights and Safety
4.5.1The application must include a draft 
“Student Rights and Responsibilities Manual” that meets 
applicable constitutional standards regarding student rights 
and conduct, including but not limited to discipline, speech 
and assembly, procedural due process and applicable 
Department regulations regarding discipline. 
4.5.1.1The “Student Rights and 
Responsibilities Manual” must comply with the Gun-Free 
Schools Act of 1994 (20 U.S.C.A. §8921) and Department 
Regulation 878
4.5.1.2The application must include a plan to 
distribute the “Student Rights and Responsibilities Manual” 
to each Charter School student at the beginning of each 
school year. Students who enroll after the beginning of the 

school year shall be provided with a copy of the “Student 
Rights and Responsibilities Manual” at the time of 
enrollment.
4.5.2The application must include the process 
and procedures the Charter School will follow to comply 
with the following laws:
4.5.2.1Chapter 27 of Title 14 of the 
Delaware Code and applicable Department regulations 
regarding school attendance, including a plan to distribute 
attendance policies to each Charter School student at the 
beginning of each school year. Students who enroll after the 
beginning of the school year shall be provided with a copy of 
the attendance policy at the time of enrollment.
4.5.2.2Chapter 85 of Title 11 of the 
Delaware Code and applicable Department regulations 
regarding criminal background checks for public school 
related employment.
4.5.2.3Section 4112 of Title 14 of the 
Delaware Code and applicable Department regulations 
regarding the reporting of school crimes.
4.5.2.4The Family Educational Rights and 
Privacy Act (FERPA) and implementing federal and 
Department regulations regarding disclosure of student 
records.
4.5.2.5The provision of free and reduced 
lunch to eligible students pursuant to any applicable state or 
federal statute or regulation.
4.5.3The requirement that the Applicant 
provide for the health and safety of students, employees and 
guests will be judged against the needs of the student body or 
population served. However, the services of at least one (1) 
full time nurse must be provided for each facility in which 
students regularly attend classes.
4.5.3The requirement that the Applicant provide for 
the health and safety of students, employees and guests will 
be judged against the needs of the student body or population 
served. Except as otherwise required in this regulation, the 
Applicant must either agree and certify that the services of at 
least one (1) full time nurse will be provided for each facility 
in which students regularly attend classes, or demonstrate 
that it has an adequate and comparable plan for providing for 
the health and safety of its students. Any such plan must 
include the Charter School’s policies and procedures for 
routine student health screenings, for administering 
medications to students (including any proposed self-
administration), for monitoring chronic student medical 
conditions and for responding to student health emergencies.
Any applicant which receives funding equivalent to the 
funding provided to school districts for one or more school 
nurses shall provide its students the full-time services of a 
corresponding number of registered nurses.
5.0Nature of Charter
5.1When granted, a charter is an authorization for the 
Charter Holder to open and operate a Charter School in 
accordance with the terms of the charter, including the terms 
of any conditions placed on the charter by the Department 
with the approval of the State Board.
5.1.1It is the responsibility of the Charter 
Holder to notify the Department in writing of its compliance 
with any time frames or other terms or conditions contained 
in or imposed on the charter. The Department may require 
the Charter Holder to produce satisfactory evidence, 
including written documentation, of compliance.
5.2Compliance with the charter, including compliance 
with the terms of any conditions placed on the charter, is a 
condition precedent to the authority to open and operate the 
Charter School. Failure to comply with the terms of the 
charter and any conditions placed on the charter, including 
deadlines, operates as a forfeiture of the authority to open the 
Charter School regardless of previous approval. These 
regulations are incorporated into and made a part of each 
charter approved by the Department with the consent of the 
State Board. A Charter School’s failure to comply with these 
regulations may be treated as a failure on the part of the 
school to comply with its charter.
See 6 DE Reg. 274 (9/1/02)
6.0Funding
6.1The Department may withhold State and local 
funding from a Charter Holder not in compliance with the 
terms of the charter being funded, including compliance with 
any conditions placed on such charter.
6.2The Department may withhold State and local 
funding from a Charter Holder while one or more of its 
charters is under formal review.
6.3State and local funding of any charter on 
probationary status will be released in accordance with the 
terms of the probation.
6.4Federal funding for a Charter Holder and under the 
control of the Department will be disbursed according to the 
laws, regulations and policies of the federal program 
providing the funding and the terms of any applicable federal 
grant approval including state requirements.
See 6 DE Reg. 274 (9/1/02)
7.0Reserved
See 6 DE Reg. 274 (9/1/02)
8.0Enrollment Preferences, Solicitations and Debts
8.1Enrollment Preferences
8.1.1 Reserved An Applicant to establish a new 
Charter School shall indicate in its application whether 
children of the Charter School’s founders will be given an 
enrollment preference. If a founders’ preference will be 
given, the application shall include the standard adopted by 
the Founding Board of Directors to determine the founders. 
The standard used to determine the founders shall be 

consistent with the requirements of Section 506(b)(4) of the 
Charter School Law. If the application is approved, the 
Charter Holder shall provide the Department with the 
identity of its founders no later than March 1 immediately 
preceding the First Instructional Day.
8.2Solicitations.
8.2.1Any person or entity soliciting 
contributions, gifts or other funding on behalf of or for the 
benefit of an existing or potential Charter School shall notify 
the person or entity solicited that enrollment of an individual 
student in the Charter School is not contingent on, or assured 
by, any such contribution, gift or other funding.
8.2.2Written notices of fund raising activities 
for the benefit of a Charter School must contain the 
following statement: “The [name of school] is a public 
school. Contributions and gifts are not required for 
admission to the school and will in no way affect or improve 
a student’s opportunity for admission.”
8.3Debts
8.3.1Any person or entity offering a loan to a 
Charter School must be advised by the school that debts of 
the school are not debts of the State of Delaware and that 
neither the State nor any other agency or instrumentality of 
the State is liable for the repayment of any indebtedness.
See 6 DE Reg. 274 (9/1/02)
9.0Reserved
See 6 DE Reg. 274 (9/1/02)
10.0Renewals
10.1Charters are granted for an initial period of 3 
years of operation and are renewable every 5 years 
thereafter. A Charter School shall file [it’s its] application for 
Renewal not less than six months prior to the end of any 
Renewal Period.
10.2Renewals are only available to the current 
Charter Holder and may not be used to transfer a charter to a 
different legal entity.
10.3Charters shall be renewed only if the school 
receives a satisfactory Performance Review. Renewals will 
be deferred until any then pending formal review process is 
completed.
10.3Charters shall be renewed only if the school 
receives a satisfactory Performance Review.
11.0Public Hearings
11.1Any public hearing conducted by the 
Department pursuant to the provisions of the Charter School 
Law shall be conducted as a joint public hearing with the 
State Board of Education.
See 6 DE Reg. 274 (9/1/02)
REGULATORY IMPLEMENTING ORDER
1102 Standards for School Bus Chassis and Bodies For 
Buses Placed in Production on or after March 1, 2002 
With Specified Changes For Buses Placed in Production 
on or after March 1, 2003 and on or after January 1, 
2004 (Terminology and School Bus Types are Those 
Described in the National School Transportation 
Specifications and Procedures (NSTSP), May 2000)
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the 
State Board of Education to amend regulation 1102 
Standards for School Bus Chassis and Bodies For Buses 
Placed in Production on or after March 1, 2002 With 
Specified Changes For Buses Placed in Production on or 
after March 1, 2003 and on or after January 1, 2004 
(Terminology and School Bus Types are Those Described in 
the National School Transportation Specifications and 
Procedures (NSTSP), May 2000). The amendments are 
necessary in order to add new standards for buses built after 
January 2004 and update the document for current 
equipment terminology, production capabilities and 
additional safety features.
Notice of the proposed regulation was published in the 
News Journal and the Delaware State News on October 20, 
2003, in the form hereto attached as Exhibit “A”. Comments 
were received from the Governors Advisory Council for 
Exceptional Citizens and the State Council for Persons with 
Disabilities. In response to concerns about the lift weight, 
Delaware standards for school buses follow the standards 
from the 2000 National School Transportation Specifications 
& Procedures. The Department of Education brought the 
discrepancy concerning lift capacity weight to the attention 
of the Chairman of the National Conference on School 
Transportation Steering Committee. This discrepancy will be 
considered at the next steering committee meeting. In 
response to the concern regarding vehicle ramps, Delaware 
school buses do not use vehicle ramps. If the installation of a 
vehicle ramp became necessary, the Department of 
Education would need the flexibility of having the ramp 
made on a case by case basis to design it for the specific 
purpose. 
II. Findings of Facts
The Secretary finds that it is appropriate to amend this 
regulation in order to add the new standards for school buses 
built after January 2004.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that 

it is appropriate to amend the regulation. Therefore, pursuant 
to 14 Del. C. Chapter 29, the regulation attached hereto as 
Exhibit “B” is hereby amended. Pursuant to the provision of 
14 Del. C. §122(e), the regulation hereby amended shall be 
in effect for a period of five years from the effective date of 
this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in 
the form attached hereto as Exhibit “B”, and said regulation 
shall be cited as 14 DE Admin. Code §1102 in the 
Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the 
Secretary pursuant to 14 Del. C. Chapter 29 on December 
18, 2003. The effective date of this Order shall be ten (10) 
days from the date this Order is published in the Delaware 
Register of Regulations.
IT IS SO ORDERED the 18th day of December 2003
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 18th day of December 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
1.0Bus Chassis Standards
1.1Air Cleaner
1.1.1A dry element type air cleaner shall be 
provided.
1.1.2All diesel engine air filters shall include a 
latch-type restriction indicator that retains the maximum 
restriction developed during operation of the engine. The 
indicator should include a reset control so the indicator can 
be returned to zero when desired.
1.2Axles: The front and rear axle and suspension 
systems shall have a Gross Axle Weight Rating (GVWR) at 
ground commensurate with the respective front and rear 
weight loads that will be imposed by the bus.
1.2.1For bus chassis and bodies produced after 
March 1, 2003, all buses with a capacity of 66 passengers or 
greater shall have a 9,000 pound front axle minimum.
1.3Brakes, General
1.3.1The chassis brake system shall conform to 
the provisions of Federal Motor Vehicle Safety Standards 
(FMVSS) 105, 106 and 121 as applicable.
1.3.2The anti-lock brake system (ABS), 
provided in accordance with FMVSS 105 and 121, shall 
provide wheel speed sensors for each front wheel and for 
each wheel on at least one rear axle. The system shall 
provide anti-lock braking performance for each wheel 
equipped with sensors. (Four Channel System).
1.3.3All brake systems shall be designed to 
permit visual inspection of brake lining wear without 
removal of any chassis component(s).
1.3.4The brake lines, booster-assist lines, and 
control cables shall be protected from excessive heat, 
vibration, and corrosion and installed in a manner which 
prevents chafing.
1.3.5The parking brake system for either air or 
hydraulic service brake systems may be of a power assisted 
design. The power parking brake actuator should be a push-
pull device located on the instrument panel within a seated 
reach of a 5th percentile female driver. As an option, the 
parking brake may be set by placing the automatic 
transmission shift control mechanism in the “park” position.
1.3.6The power operated parking brake system 
may be interlocked to the engine key switch. Once the 
parking brake has been set and the ignition switch turned to 
the “off” position, the parking brake cannot be released until 
the key switch is turned back to the “on” position.
1.4Brakes, Hydraulic: Buses using a hydraulic-assist 
brake shall be equipped with audible and visible warning 
signals that provide a continuous warning to the driver of a 
loss of fluid flow from the primary source and of a failure of 
the back-up pump system. 
1.5Brakes, Air 
1.5.1The air pressure supply system shall 
include a desiccant-type air dryer installed according to the 
manufacturers’ recommendations. The air pressure storage 
tank system may incorporate an automatic drain valve. 
1.5.2The chassis manufacturer shall provide an 
accessory outlet for air operated systems installed by the 
body manufacturer. This outlet shall include a pressure 
protection valve.
1.5.3For air brake systems, an air pressure 
gauge shall be provided in the instrument panel capable of 
complying with CDL pre-trip inspection requirements.
1.5.4All air brake-equipped buses may be 
equipped with a service brake interlock. The parking brake 
cannot be released until the brake pedal is depressed
1.5.5Air brake systems may include a system 
for anti-compounding of the service brakes and parking 
brakes.
1.5.6Air brakes shall have both a visible and 
audible warning device whenever the air pressure falls below 

the level where warnings are required under FMVSS 121.
1.6Bumper Front
1.6.1School buses shall be equipped with a 
heavy duty front bumper. The front bumper shall be 
furnished by the chassis manufacturer for all school bus 
types unless there is a specific agreement between the 
chassis manufacturer and body manufacturer.
1.6.2The front bumper shall be of pressed steel 
channel or equivalent material (except Type A buses having 
a GVWR of 14,500 pounds or less which may be Original 
Equipment Manufacturer supplied) at least 3/16" thick and 
not less than 8" wide (high). It shall extend beyond forward-
most part of the body, grille, hood, and fenders and shall 
extend to outer edges of the fenders at the bumper's top line.
1.6.3The front bumper, except breakaway 
bumper ends, shall be of sufficient strength to permit 
pushing a vehicle of equal gross vehicle weight without 
permanent distortion to the bumper, chassis, or body.
1.6.4The bumper shall be designed or 
reinforced so that it will not deform when the bus is lifted by 
a chain that is passed under the bumper (or through the 
bumper if holes are provided for this purpose) and attached 
to both tow eyes. For the purpose of meeting this standard, 
the bus shall be empty and positioned on a level, hard 
surface and both tow eyes shall share the load equally.
1.7Certification: The chassis manufacturer, upon 
request of the Delaware Department of Education, shall 
certify that its product meets the state’s minimum standards 
on items not covered by the FMVSS certification 
requirements of 49 CFR, Part 567.
1.8Clutch
1.8.1Clutch torque capacity shall be equal to or 
greater than the engine torque output.
1.8.2A starter interlock shall be installed to 
prevent actuation of the starter if the clutch pedal is not 
depressed. 
1.9Color
1.9.1The chassis, including wheels and front 
bumper, shall be black. Body cowl, hood, and fenders shall 
be in National School Bus Yellow (NSBY). The flat top 
surface of the hood may be painted with non-reflective 
NSBY. (See appendix B, 2000 National School 
Transportation Specifications and Procedures).
1.9.2Demountable rims, if used, may be, silver, 
gray or black as received from the wheel manufacturer.
1.9.3Wheel covers shall not be permitted.
1.9.4Mud flaps if used shall be completely 
black.
1.9.4.1For bus chassis and bodies produced 
after January 1, 2004, the buses shall be equipped with mud 
flaps. They shall be black except they may have 
manufacturer’s logo or name in white or yellow.
1.10Daytime Running Lamps: Head lamps shall be 
provided with a switch to automatically operate the lamps 
when the vehicle is placed in gear or the parking brake is 
released. If this switch is designed to provide reduced 
illumination under normal operating conditions, a means 
whereby the head lamps can be engaged at full power shall 
be provided.
1.11Drive Shaft: The drive shaft shall be protected 
by a metal guard or guards around the circumference of the 
drive shaft to reduce the possibility of its whipping through 
the floor or dropping to the ground, if broken.
1.12Electrical System
1.12.1Battery 
1.12.1.1The storage batteries shall have 
minimum cold cranking capacity rating (cold cranking 
amps) equal to the cranking current required for 30 seconds 
at 0 degrees Fahrenheit and a minimum reserve capacity 
rating of 120 minutes at 25 amps. Higher capacities may be 
required, depending upon optional equipment and local 
environmental conditions.
1.12.1.2Since all batteries are to be secured in 
a sliding tray in the body, chassis manufacturers shall mount 
the battery temporarily on the chassis frame, except that van 
conversion or cutaway front-section chassis may be secured 
in accordance with manufacturer's standard configuration. In 
these cases, the final location of the battery and the 
appropriate cable lengths shall be agreed upon mutually by 
the chassis and body manufacturer. However, in all cases the 
battery cable provided with the chassis shall have sufficient 
length to allow some slack.
1.12.2Alternator
1.12.2.1All Type A-2 buses and Type B buses 
with a GVWR of 15,000 lbs. or less shall have a minimum 
60 ampere alternator
1.12.2.2Types A-2 and Type B buses over 
15,000 lbs. GVWR and all Type C and Type D buses shall be 
equipped with a heavy-duty truck or bus-type alternator 
meeting SAE J 180, having a minimum output rating of 100 
amperes or higher which produce a minimum current output 
of 50 percent of the rating at engine idle speed.
1.12.2.3Buses equipped with an electrically 
powered wheelchair lift shall have a minimum 130 ampere 
alternator
1 12.2.4A belt alternator drive shall be 
capable of handling the rated capacity of the alternator with 
no detrimental effect on any other driven components. (See 
School Bus Manufacturers Technical Council (SBMTC), 
“School Bus Technical Reference,” for estimating required 
alternator capacity.)
1.12.2.5A direct-drive alternator is 
permissible in lieu of a belt driven alternator. 
1.12.3Wiring
1.12.3.1All wiring shall conform to current 
applicable recommended practices of the Society of 
Automotive Engineers (SAE).
1.12.3.1.1All wiring shall use color 

and at least one other method of identification. The other 
method shall be either a number code or name code, and 
each chassis shall be delivered with a wiring diagram that 
illustrates the wiring of the chassis.
1.12.3.1.2Body accessories shall be 
wired through the ignition switch and the clearance lights 
through a separate switch wired through the body solenoidbody-controlled electronic control module. 
1.12.3.2The chassis manufacturer shall install 
a readily accessible terminal strip or plug on the body side of 
the cowl, or in an accessible location in the engine 
compartment of vehicles designed without a cowl. The strip 
or plug shall contain the following terminals for the body 
connections:
1.12.3.2.1Main 100 amp body circuit;
1.12.3.2.2Tail lamps;
1.12.3.2.3Right turn signal;
1.12.3.2.4Left turn signal;
1.12.3.2.5Stop lamps;
1.12.3.2.6Back-up lamps; and
1.12.3.2.7Instrument panel lights 
(rheostat controlled by headlamp switch)
1.12.4Circuits
1.12.4.1An appropriate identifying diagram 
(color plus a name or number code) for all chassis electrical 
circuits shall be provided to the body manufacturer for 
distribution to the end user.
1.12.4.1.1The headlight system must 
be wired separately from the body-controlled solenoid body-
controlled electronic control module.
1.13Engine: All engines shall have an engine block 
heater.
1.14Engine Fire Extinguisher: The chassis 
manufacturer may provide an automatic fire extinguisher 
system in the engine compartment.
1.15Exhaust System
1.15.1The exhaust pipe, muffler and tailpipe 
shall be outside the bus body compartment and attached to 
the chassis so as not to damage any other chassis component.
1.15.2The tailpipe shall be constructed of a 
corrosion-resistant tubing material at least equal in strength 
and durability to 16-gauge steel tubing of equal diameter.
1.15.3Chassis manufacturers shall furnish an 
exhaust system with tailpipe of sufficient length to exit the 
rear of the bus or at the left side of the bus body no more 
than 18" forward of the front edge of the rear wheel house 
opening. If designed to exit at the rear of the bus, the tailpipe 
shall extend at least five inches beyond the end of the chassis 
frame. If designed to exit to the side of the bus, the tailpipe 
shall extend at least 48.5 inches (51.5 inches if the body is to 
be 102 inches wide) outboard from the chassis centerline.
1.15.3.1On Types C and D vehicles, the 
tailpipe shall not exit beneath a fuel fill or emergency door 
exit.
1.15.3.2Types A and B chassis may be 
furnished with the manufacturer's standard tailpipe 
configuration.
1.15.3.3Chassis manufacturers may furnish a 
tailpipe that exits through the rear bumper.
1.15.4The exhaust system on a chassis shall be 
adequately insulated from the fuel system.
1.15.5The muffler shall be constructed of 
corrosion-resistant material.
1.15.6The exhaust system on the chassis may be 
routed to the left of the right frame rail to allow for the 
installation of a power lift unit on the right side of the 
vehicle.
1.15.7The tailpipe may be flush with, but shall 
not extend out more than two inches beyond, the perimeter 
of the body for side-exit pipe or the bumper for rear-exit 
pipe.
1.15.8The tailpipe shall exit to the left of the 
emergency exit door in the rear of the vehicle or to the left 
side of the bus in front or behind the rear drive axle. The 
tailpipe exit location on all Types A-1 or B-1 buses may be 
according to the manufacturer’s standard. The tailpipe shall 
not exit beneath any fuel filler location or beneath any 
emergency door.
1.15.8.1For bus chassis and bodies produced 
after January 1, 2004, the tailpipe shall exit to the left or right 
of the emergency exit door in the rear of the vehicle. The 
tailpipe exit location on all Types A-1 or B01 buses may be 
according to the manufacturers standard. The tailpipe shall 
not exit beneath any fuel filler location or beneath any 
emergency door.
1.16Fenders, Front-Type C Vehicles
1.16.1Total spread of outer edges of front 
fenders, measured at fender line, shall exceed total spread of 
front tires when front wheels are in a straight-ahead position.
1.16.2Front fenders shall be properly braced and 
shall not require attachment to any part of the body.
1.17Frame
1.17.1The frame (or equivalent) shall be of such 
design and strength characteristics as to correspond at least 
to standard practices for trucks of the same general load 
characteristics, which are used for highway service.
1.17.2Any secondary manufacturer that modifies 
the original chassis frame shall guarantee the performance of 
workmanship and materials resulting from such 
modification.
1.17.3Frames shall not be modified for the 
purpose of extending the wheel base.
1.17.4Holes in top or bottom flanges or side 
units of the frame, and welding to the frame, shall not be 
permitted except as provided or accepted by chassis 
manufacturer.
1.17.5Frame lengths shall be established in 
accordance with the design criteria for the complete vehicle.

1.18Fuel Tank
1.18.1The fuel tank (or tanks) provided by the 
chassis manufacturer shall have a minimum 60-gallon 
capacity for school buses with a capacity of 36 passengers 
and above. School buses less than a capacity of 36 shall have 
a manufacturer’s standard fuel tank. The tank shall be filled 
and vented to the outside of the body and the fuel filler shall 
be placed in a location where accidental fuel spillage will not 
drip or drain on any part of the exhaust system.
1.18.2Fuel lines shall be mounted to the chassis 
frame in such a manner that the frame provides the 
maximum possible protections from damage.
1.18.3The fuel system shall comply with 
FMVSS 301.
1.18.4Fuel tank(s) may be mounted between the 
chassis frame rails or outboard of the frame rails on either 
the left or right side of the vehicle.
1.18.5The actual draw capacity of each fuel tank 
shall be a minimum of 83% of the tank capacity.
1.18.6Installation of alternative fuel systems, 
including fuel tanks and piping from tank to the engine, shall 
comply with all applicable fire codes in effect on the date of 
manufacture of the bus.
1.18.7Installation of LPG tanks shall comply 
with National Fire Protection Association (NFPA) 58.
1.18.8Fuel gauges must be calibrated for size of 
tank used. If more than one tank is used, there must be a 
gauge for each tank.
1.19Governor: When the engine is remotely located 
from the driver, the governor shall be set to limit engine 
speed to maximum revolutions per minute as recommended 
by the engine manufacturer, and a tachometer shall be 
installed so the engine speed may be known to the driver 
while seated in a normal driving position.
1.20Heating System, Provision For: The chassis 
engine shall have plugged openings for the purpose of 
supplying hot water for the bus heating system. The 
openings shall be suitable for attaching 3/4-inch pipe thread/
hose connectors. The engine shall be capable of supplying 
coolant at a temperature of at least 170 degrees Fahrenheit at 
the engine cooling thermostat opening temperature. The 
coolant flow rate shall be 50 pounds per minute at the return 
end of 30 feet of one-inch inside diameter automotive hot 
water heater hose. (See SBMTC-001.)
1.21Horn: The bus shall be equipped with dual 
electrical horns capable of producing a complex sounds in 
bands of audio frequencies between 250 and 2,000 cycles 
per second and tested in accordance with SAE J-377.
1.21.1For bus chassis and bodies produced after 
January 1, 2004, the bus shall be equipped with a horn(s) 
capable of producing a complex sound in bands of audio 
frequencies between 250 and 2,000 cycles per second and 
tested in accordance with SAE J-377. Type A buses may be 
equipped according to the manufacturer’s standard.
1.22Instruments and Instrument Panel
1.22.1The chassis shall be equipped with the 
instruments and gauges listed below. (Telltale warning lamps 
in lieu of gauges are not acceptable, except as noted):
1.22.1.1Speedometer;
1.22.1.2Odometer, which will give, accrued 
mileage (to seven digits), including tenths of miles;
1.22.1.3Voltmeter: An ammeter with 
graduated charge and discharge indications is permitted in 
lieu of a voltmeter; however, when used, the ammeter wiring 
must be compatible with the current flow of the system;
1.22.1.4Oil pressure gauge;
1.22.1.5Water temperature gauge;
1.22.1.6Fuel gauge;
1.22.1.7Upper beam headlight indicator;
1.22.1.8Brake indicator gauge (vacuum or 
air): A telltale warning lamp indicator in lieu of a gauge is 
permitted on a vehicle equipped with hydraulic-over-
hydraulic brake system;
1.22.1.9 1.22.1.8Turn signal indicator; and
1.22.1.10 1.22.1.9 Glow-plug indicator light 
where appropriate
1.22.2All instruments shall be easily accessible 
for maintenance and repair.
1.22.3The instruments and gauges shall be 
mounted on the instrument panel so that each is clearly 
visible to the driver while seated in a normal driving 
position.
1.22.4The instrument panel shall have lamps of 
sufficient candlepower to illuminate all instruments, gauges 
and shift selector indicator for the automatic transmission.
1.22.5Multi-function gauge (MFG)
1.22.5.1The driver must be able to manually 
select any displayable function of the gauge on a MFG 
whenever desired.
1.22.5.2Whenever an out-of-limits condition 
that would be displayed on one or more functions of a MFG 
occurs, the MFG controller should automatically display this 
condition on the instrument cluster. This should be in the 
form of an illuminated telltale warning lamp as well as 
having the MFG automatically display the out-of-limits 
indications. Should two or more functions displayed on the 
MFG go out of limits simultaneously, then the MFG should 
sequence automatically between those functions 
continuously until the condition(s) are corrected.
1.22.5.3The use of a MFG does not relieve the 
need for audible warning devices, where required.
1.23Oil Filter: An oil filter with a replaceable 
element shall be provided and connected by flexible oil lines 
if it is not a built-in or an engine-mounted design. The oil 
filter shall have a capacity of at least one (1) quart.
1.24Openings: All openings in the floorboard or 
firewall between chassis and passenger compartment (e.g. 
for gearshift selector and parking brake lever) shall be 

sealed.
1.25Passenger Load
1.25.1The actual gross vehicle weight (GVW) is 
the sum of the chassis weight, plus the body weight, plus the 
driver's weight, plus total seated pupil weight. (For purposes 
of calculation, the driver's weight is 150 pounds and the 
pupil weight is 120 pounds per pupil.)
1.25.2Actual GVW shall not exceed the chassis 
manufacturer's GVWR for the chassis, nor shall the actual 
weight carried on any axle exceed the chassis manufacturer's 
Gross Axle Weight Rating (GAWR).
1.25.3The manufacturer's GVWR for a particular 
school bus shall be furnished by manufacturers in duplicate 
(unless more copies are requested) to the Delaware 
Department of Education. The Department of Education 
shall, in turn, transmit such ratings to the Department of 
Public Safety, Division of Motor Vehicles.
1.26Power and Grade Ability: 
1.26.1GVWR shall not exceed 185 pounds per 
published net horsepower of the engine at the manufacturer's 
recommended maximum number of revolutions per minute.
1.26.2For school buses with less than 36 
passenger capacity, the minimum power plant shall be 160 
hp. engine or equal.
1.26.3For school buses with a capacity of 36 
passengers or greater, the engine will produce at least 170 hp 
measured at an RPM not to exceed 2,600 and generate at 
least 420 foot pounds of torque.
1.26.3.1For bus chassis and bodies produced 
after March 1, 2003, all buses with a capacity of 36 
passengers or greater, shall have an engine that produces at 
least 190 hp.
1.27Retarder System: A retarder system, if used, 
shall maintain the speed of a fully loaded school bus at 19.0 
m.p.h. on a 7% grade for 3.6 miles.
1.28Road Speed Control: The bus shall be equipped 
with a vehicle speed limiter to accurately control vehicle 
maximum speed to 65 miles per hour. 
1.29Shock Absorbers: The bus shall be equipped 
with double-action shock absorbers compatible with 
manufacturer's rated axle capacity at each wheel location.
1.30Steering Gear
1.30.1The steering gear shall be approved by the 
chassis manufacturer and designed to ensure safe and 
accurate performance when the vehicle is operated with 
maximum load and at maximum speed.
1.30.2If external adjustments are required, 
steering mechanism shall be accessible to make adjustments.
1.30.3No changes shall be made in the steering 
apparatus, which are not approved by the chassis 
manufacturer.
1.30.4There shall be a clearance of at least 2 
inches between the steering wheel and cowl, instrument 
panel, windshield, or any other surface.
1.30.5Power steering is required and shall be of 
the integral type with integral valves.
1.30.6The steering system shall be designed to 
provide a means for lubrication of all wear-points, which are 
not permanently lubricated.
1.31Suspension Systems
1.31.1The capacity of springs or suspension 
assemblies shall be commensurate with the chassis 
manufacturer's GVWR.
1.31.2Rear leaf springs shall be of a progressive 
rate or multi-stage design. Front leaf springs shall have a 
stationary eye at one end and shall be protected by a wrapped 
leaf, in addition to the main leaf.
1.32Throttle: The force required to operate the 
throttle shall not exceed 16 pounds throughout the full range 
of accelerator pedal travel.
1.33Tires and Rims
1.33.1Rims of the proper size and tires of the 
proper size and load rating commensurate with chassis 
manufacturer's gross vehicle weight rating shall be provided. 
All wheel rims shall be the same size to allow for 
interchangeability interchangeability. The use of multi-piece 
rims and/or tube-type tires shall not be permitted.
1.33.2Dual rear tires shall be provided on Type 
A-2, Type B, Type C, and Type D school buses.
1.33.3All tires on a vehicle shall be tubeless 
radials and be of the same size, and the load range of the tires 
shall meet or exceed the GVWR, as required by FMVSS 
120.
1.33.4If the vehicle is equipped with a spare tire 
and rim assembly, it shall be the same size as those mounted 
on the vehicle.
1.33.5If a tire carrier is required, it shall be 
suitably mounted in an accessible location outside the 
passenger compartment.
1.34Tow Eyes or Hooks: Tow eyes or hooks shall 
be furnished and attached so they do not project beyond the 
front bumper. Tow eyes or hooks attached to the frame 
chassis shall be furnished by the chassis manufacturer. This 
installation shall be in accordance with the chassis 
manufacturer's specifications. (Note: Type A buses are 
exempt from this requirement.)
1.35Transmission
1.35.1Automatic transmissions (AT-545 or 
approved equal) shall have no fewer than three forward 
speeds and one reverse speed. Mechanical shift selectors 
shall provide a detent between each gear position when the 
gear selector quadrant and shift selector are not steering-
column mounted.
1.35.2In manual transmissions, second gear and 
higher shall be synchronized, except when incompatible 
with engine power. A minimum of three forward speeds and 
one reverse speed shall be provided.
1.35.3An electronic control, or similar device, 

may be installed to ensure that automatic transmissions 
cannot accidentally be moved out of the “neutral” or “park” 
gear position while the driver is not seated in the driver’s 
seat.
1.36Turning Radius
1.36.1A chassis with a wheelbase of 264 inches 
or less shall have a right and left turning radius of not more 
than 42 1/2 feet, curb-to-curb measurement.
1.36.2A chassis with a wheelbase of 265 inches 
or more shall have a right and left turning radius of not more 
than 44 1/2 feet, curb-to-curb measurement.
1.37Undercoating: The chassis manufacturers, or 
their agents, shall coat the undersides of steel or metallic-
constructed front fenders with a rust-proofing compound, for 
which the compound manufacturer has issued notarized 
certification of compliance to chassis builder that the 
compound meets or exceeds all performance and qualitative 
requirements of paragraph 3.4 of Federal Specification TT-
C-520B, using modified tests.
See 6 DE Reg. 1351 (4/1/03)
2.0Bus Body Standards
2.1Aisle
2.1.1All emergency doors shall be accessible by 
a 12" minimum aisle. The aisle shall be unobstructed at all 
times by any type of barrier, seat, wheelchair or tiedown.
2.1.2A 2" white line shall separate the driver 
compartment from the passenger compartment.
2.1.3The seat backs shall be slanted sufficiently 
to give aisle clearance of 15" at tops of seat backs.
2.2Back-Up Warning Alarm: An automatic audible 
alarm shall be installed behind the rear axle and shall comply 
with the published Backup Alarm Standards (SAE J994B), 
providing a minimum of 112 dBA.
2.3Battery 
2.3.1The battery is to be furnished by the 
chassis manufacturer.
2.3.2When the battery is mounted as described 
in the “Bus Chassis Standards”, the body manufacturer shall 
securely attach the battery on a slide-out or swing-out tray in 
a closed, vented compartment in the body skirt, so that the 
battery is accessible for convenient servicing from the 
outside. The battery compartment door or cover shall be 
hinged at the front or top, and secured by an adequate and 
conveniently operated latch or other type fastener. The 
battery compartment is not required on Type A-1 buses.
2.3.3Buses may be equipped with a battery 
shut-off switch. The switch is to be placed in a location not 
readily accessible to the driver or passengers.
2.4Bumper (Front)
2.4.1On a Type D school bus, if the chassis 
manufacturer does not provide a bumper, it shall be provided 
by the body manufacturer. The bumper will conform to the 
standards described in the “Bus Chassis Standards”.
2.5Bumper (Rear)
2.5.1The bumper shall be pressed steel channel 
at least 3/16" thick or equivalent strength material (except 
for Type A buses). Type A-1 buses bumper shall be a 
minimum of 8" wide (high) and Type A-2, B, C, and D buses 
bumper shall be a minimum of 9 1/2" wide (high). The 
bumper shall be of sufficient strength to permit being pushed 
by another vehicle without permanent distortion.
2.5.2The bumper shall be wrapped around the 
back corners of the bus. It shall extend forward at least 12", 
measured from the rear-most point of the body at the floor 
line, and shall be flush-mounted to body sides or protected 
with an end panel.
2.5.3The bumper shall be attached to the 
chassis frame in such a manner that it may be easily 
removed. It shall be so braced as to withstand impact from 
the rear or the side. It shall be so attached as to discourage 
hitching of rides by an individual.
2.5.4The bumper shall extend at least 1" 
beyond the rear-most part of the body surface measured at 
the floor line.
2.6Ceiling: See Insulation and Interior, this section.
2.7Certification: The body manufacturer shall, upon 
request, certify to the Delaware Department of Education, 
that its product meets state standards on items not covered by 
FMVSS certification requirements of 49 CFR, Part 567.
2.8Chains (Tire): See Wheelhousing, this section.
2.9Color
2.9.1The school bus body shall be painted 
National School Bus Yellow (NSBY).
2.9.2The body exterior paint trim, bumper, 
lamp hoods, emergency door arrow, and lettering shall be 
black. (See illustration in NSTSP, Appendix B)
2.9.2 2.9.3Optionally, the roof of the bus may be 
painted white down to the top window lines no lower than 
the top window lines except that the front and rear roof caps 
shall remain NSBY.
2.10Communications: Buses shall be equipped with 
a radio (non-CB) or telephonic communication device. It 
will be added by the school district, school, or contractor.
2.11Construction
2.11.1Side Intrusion Test:
2.11.1.1The bus body shall be constructed to 
withstand an intrusion force equal to the curb weight of the 
vehicle; but shall not exceed 20,000 pounds, whichever is 
less. Each vehicle shall be capable of meeting this 
requirement when tested in accordance with the procedures 
set forth below.
2.11.1.2The complete body structure, or a 
representative seven-body section mock up with seats 
installed, shall be load-tested at a location 24 inches plus or 
minus two inches above the floor line, with a maximum 10-
inch diameter cylinder, 48 inches long, mounted in a 
horizontal plane.

2.11.1.3The cylinder shall be placed as close 
as practical to the mid-point of the tested structure, spanning 
two internal vertical structural members. The cylinder shall 
be statically loaded to the required force of curb weight or 
20,000 pounds, whichever is less, in a horizontal plane with 
a load applied from the exterior toward the interior of the test 
structure. Once the minimum load has been applied, the 
penetration of the loading cylinder into the passenger 
compartment shall not exceed a maximum of ten inches from 
its original point of contact. There can be no separation of 
lapped panels or construction joints. Punctures, tears or 
breaks in the external panels are acceptable but are not 
permitted on any adjacent interior panel.
2.11.1.4Body companies shall certify 
compliance with this intrusion requirement, including test 
results, if requested.
2.11.2Construction shall be reasonably dust-
proof and watertight.
2.12Crossing Control Arm
2.12.1Buses shall be equipped with a crossing 
control arm mounted on the right side of the front bumper. 
The arm when opened shall extend in a line parallel with the 
body side and positioned on a line with the right side wheels.
2.12.2All components of the crossing control 
arm and all connections shall be weatherproofed.
2.12.3The crossing control arm shall incorporate 
system connectors (electrical, vacuum, or air) at the gate and 
shall be easily removable to allow for towing of the bus.
2.12.4The crossing control arm shall meet or 
exceed SAE Standard J1133.
2.12.5The crossing control arm shall be 
constructed of noncorrosive or nonferrous material or treated 
in accordance with the body sheet metal standard (see 
“Metal Treatment”).
2.12.6There shall be no sharp edges or 
projections that could cause hazard or injury to students.
2.12.7The crossing control arm shall extend 
minimum 70" (measured from the bumper at the arm 
assembly attachment point) when in the extended position.
2.12.8The crossing control arms shall extend 
simultaneously with the stop arm(s) by means of the stop 
arm controls.
2.13Defrosters
2.13.1Defrosting and defogging equipment shall 
direct a sufficient flow of heated air onto the windshield, the 
window to the left of the driver, and the glass in the viewing 
area directly to the right of the driver to eliminate frost, fog 
and snow.
2.13.2The defrosting system shall conform to 
SAE J381 and J382.
2.13.3The defroster and defogging system shall 
be capable of furnishing heated, outside ambient air, except 
that the part of the system furnishing additional air to the 
windshield, entrance door and stepwell may be of the 
recirculating air type.
2.13.4Auxiliary fans are not considered 
defrosting or defogging systems and are described under 
"Ventilation."
2.13.5Portable heaters shall not be used.
2.14Doors
2.14.1The service door shall be in the driver's 
control, designed to afford easy release and to provide a 
positive latching device on manual operating doors to 
prevent accidental opening. When a hand lever is used, no 
part shall come together that will shear or crush fingers. 
Manual door controls shall not require more than 25 pounds 
of force to operate at any point throughout the range of 
operation, as tested on a 10 percent grade both uphill and 
downhill.
2.14.2The bus, opposite and within direct view 
of driver.
2.14.3The service door shall have a minimum 
horizontal opening of 24" and a minimum vertical opening 
of 68". Type A-1 vehicles shall have a minimum opening 
area of 1,200 square inches.
2.14.4Service door shall be a split-type, sedan-
type, or jackknife type. (Split-type door includes any 
sectioned door that divides and opens inward or outward.) If 
one section of a split-type door opens inward and the other 
opens outward, the front section shall open outward. School 
buses with a capacity of 36 passengers or greater shall be 
equipped with an outward opening service door.
2.14.5Lower, as well as upper, door panels shall 
be of approved safety glass. The bottom of each lower glass 
panel shall not be more than 10" from the top surface of 
bottom step. The top of each upper glass panel shall not be 
more than 3" from the top of the door. Type A vehicles shall 
have an upper panel (windows) of safety glass with an area 
of at least 350 square inches.
2.14.6Vertical closing edges on split-type or 
folding-type entrance doors shall be equipped with flexible 
material to protect children's fingers. Type A-1 vehicles may 
be equipped with chassis manufacturer's standard entrance 
door.
2.14.7There shall be no door to left of driver on 
Type B, C or D vehicles. All Type A vehicles may be 
equipped with chassis manufacturer's standard left-side door.
2.14.8All doors shall be equipped with padding 
at the top edge of each door opening. Padding shall be at 
least 3" wide and 1" thick and extend the full width of the 
door opening.
2.14.9If a power-assisted service door is used, 
the actuation switch shall be to the right of the steering wheel 
within reach of drivers in the 95th percentile of the male/ 
female adult population).
2.14.10On power-operated service doors, the 
emergency release valve, switch or device to release the 
service door must be placed above or to the immediate left or 

right of the service door and clearly labeled.
2.14.11For bus chassis and bodies produced after 
January 1, 2004, the power entrance door shall be capable of 
being operated by a single three (3) position sequential 
switch, located convenient and accessible to the right of the 
driver. The first positin shall activate the red flashing lights 
and the stop arm with the door closed. The second position 
shall open the door. Returning the switch to the off position 
shall close the door and cancel the stop arm and lights. The 
amber lights shall be controlled by a manual button located 
on the control panel to the right or left of the driver. Controls 
shall be a sequential operation system. 
2.15Driver Compartment
2.15.1The driver's seat supplied by the body 
company shall be a high back seat with a minimum seat back 
adjustable to 15 degrees, without requiring the use of tools, 
and a head restraint to accommodate a 95th percentile adult 
male, as defined in FMVSS 208. The driver's seat shall be 
secured with nuts, bolts and washers or flanged-head nuts.
2.15.2Driver seat positioning and range of 
adjustments shall be designed to accommodate comfortable 
actuation of the foot control pedals by 95% of the male/ 
female adult population.
2.15.3Type A buses may utilize the standard 
driver’s seat provided by the chassis manufacturer.
2.15.4Driver Restraint System: A Type 2 lap/ 
shoulder belt shall be provided for the driver. The assembly 
shall be equipped with an automatic locking retractor for the 
continuous belt system. On all buses except Type A 
equipped with a standard chassis manufacturer’s driver seat, 
the lap portion of the belt system shall be guided or anchored 
to prevent the driver from sliding sideways under it. The lap/ 
shoulder belt shall be designed to allow for easy adjustment 
in order to fit properly and to effectively protect drivers 
varying in size from 5th percentile adult female to 95th 
percentile adult male.
2.16Emergency Exits
2.16.1All installed emergency exits shall comply 
with the requirements of FMVSS 217.
2.16.2Emergency door requirements
2.16.2.1The upper portion of the emergency 
door shall be equipped with approved safety glazing, the 
exposed area of which shall be at least 400 square inches. 
The lower portion of the rear emergency doors on Types A-
2, B, C, and D vehicles shall be equipped with a minimum of 
350 square inches of approved safety glazing.
2.16.2.2There shall be no steps leading to an 
emergency door.
2.16.2.3The emergency door(s) shall be 
equipped with padding at the top edge of each door opening. 
Padding shall be at least 3" wide and 1" thick, and shall 
extend the full width of the door opening.
2.16.2.4The side emergency door, if required, 
must meet the requirements as set forth in FMVSS 217, 
regardless of its use with any other combination of 
emergency exits. There shall be a clear aisle leading to it i.e., 
flip seats shall not be used.
2.16.2.5There shall be no obstruction higher 
than 1/4 inch across the bottom of any emergency door 
opening.
2.16.2.6The rear emergency window shall 
have an assisted lifting device that will aid in lifting and 
holding the rear emergency window open.
2.16.3Emergency exit requirements: Types A, B, 
C, and D vehicles shall be equipped with a total number of 
emergency exits as follows for the indicated equippedcapacities of vehicles. Exits required by FMVSS 217 may be 
included to comprise the total number of exits specified.
0 to 42 Passenger = 1 emergency exit per side and 1 roof 
hatch.
43 to 78 Passenger = 2 emergency exits per side and 2 
roof hatches.
79 to 90 Passenger = 3 emergency exits per side and 2 
roof hatches.
2.16.4Side emergency exit windows when 
installed may be vertically hinged on the forward side of the 
window. No side emergency exit window will be located 
above a stop arm.
2.16.5In addition to the audible warning required 
on emergency doors by FMVSS 217, additional emergency 
exits shall also be equipped with an audible warning device.
2.17Emergency Equipment
2.17.1Fire Extinguisher
2.17.1.1The bus shall be equipped with at 
least one UL-approved pressurized, dry chemical fire 
extinguisher. The extinguisher shall be mounted (and 
secured) in a bracket, located in the driver's compartment 
and readily accessible to the driver and passengers. A 
pressure gauge shall be mounted on the extinguisher and 
shall be easily read without moving the extinguisher from its 
mounted position.
2.17.1.2The fire extinguisher shall have a total 
rating of 2A10BC or greater. The operating mechanism shall 
be sealed with a type of seal that will not interfere with the 
use of the fire extinguisher.
2.17.2First-aid kit
2.17.2.1The bus shall have a removable, 
moisture-proof and dust-proof first aid kit in an accessible 
place in the driver's compartment. It shall be properly 
mounted (and secured) and identified as a first aid kit. The 
location for the first aid kit shall be marked.
2.17.2.2Minimum contents include:
Units Qty. per unit
212 - 1" x 3" adhesive bandages
12 - 2" bandage compress
11 - 4" bandage compress
11 - non-sterile triangular bandages 
approximately 40" x 36" x 54" with 2 safety pins

11-eye kit with 2 sterile eye pads and 1 oz. 
wash
13- burn ointment, 1/8 oz.
15- ammonia inhalants
15- PVP antiseptic swabs
15- insect sting swabs
2.17.3Body fluid clean-up kit: Each bus shall 
have a removable and moisture- proof body fluid clean-up 
kit accessible to the driver. It shall be properly mounted and 
identified as a body fluid clean-up kit in the driver’s 
compartment. Minimum contents of the body fluid clean-up 
kit shall include the following:
2.17.3.11- 16 oz. bottle of 70% rubbing 
alcohol or 10% solution of bleach
2.17.3.21- plastic trash bag with tie, minimum 
of 12" x 12"
2.17.3.32- pairs of medical examination 
gloves (non-latex)
2.17.3.410- paper towels, approximately 
10 1/ 2" x 12 1/2”
2.17.4Warning devices: Each school bus shall 
contain at least three (3) reflectorized triangle road warning 
devices mounted in an accessible place that meet 
requirements in FMVSS 125.
2.17.5Any of the emergency equipment may be 
mounted in an enclosed compartment provided the 
compartment is labeled in not less than 1” letters, identifying 
each piece of equipment contained therein.
2.18Floor
2.18.1The floor in the under-seat area, including 
tops of wheel housings, driver's compartment and toe board, 
shall be covered with rubber floor covering or equivalent, 
having a minimum overall thickness of.125”. The driver's 
area on all Type A buses may be manufacturer's standard 
flooring and floor covering.
2.18.2The floor covering in the aisles shall be of 
aisle-type rubber or equivalent, wear-resistant and ribbed. 
Minimum overall thickness shall be .187" measured from 
tops of ribs.
2.18.3The floor covering must be permanently 
bonded to the floor and must not crack when subjected to 
sudden changes in temperature. Bonding or adhesive 
material shall be waterproof and shall be a type 
recommended by the manufacturer of floor-covering 
material. All seams must be sealed with waterproof sealer.
2.18.4On Types B, C and D buses, a flush-
mounted, screw-down plate that is secured and sealed shall 
be provided to access the fuel tank sending unit.
2.19Handrails: At least one handrail shall be 
installed. The handrail(s) shall assist passengers during entry 
or exit, and be designed to prevent entanglement, as 
evidenced by the passage of the National Highway 
Transportation Safety Administration (NHTSA) string and 
nut test as defined in the NSTSP.
2.20Heater and Air Conditioning Systems
2.20.1Heating System
2.20.1.1The heater shall be a hot-water type.
2.20.1.2Every bus with a capacity of 36 or 
more shall have 2 heaters at the front: 1 to the left of the 
driver, and 1 to the right of the driver near the entrance door, 
and 1 heater in the rear portion of the bus.
2.20.1.3If only one heater is used, it shall be 
fresh-air or combination fresh-air and re-circulation type.
2.20.1.4If more than one heater is used, 
additional heaters may be temperatures as specified re-
circulating air type.
2.20.1.5The heating system shall be capable 
of maintaining bus interior in SAE test procedure J2233.
2.20.1.6All forced air heaters installed by 
body manufacturers shall bear a name plate that indicates the 
heater rating in accordance with SBMTC-001. The plate 
shall be affixed by the heater manufacturer and shall 
constitute certification that the heater performance is as 
shown on the plate.
2.20.1.7Heater hoses shall be adequately 
supported to guard against excessive wear due to vibration. 
The hoses shall not dangle or rub against the chassis or any 
sharp edges and shall not interfere with or restrict the 
operation of any engine function. Heater hoses shall conform 
to SAE J20c. Heater lines on the interior of bus shall be 
shielded to prevent scalding of the driver or passengers.
2.20.1.8Each hot water system installed by a 
body manufacturer shall include one shut-off valve in the 
pressure line and one shut-off valve in the return line with 
both valves at the engine in an accessible location, except 
that on all Types A and B buses, the valves may be installed 
in another accessible location.
2.20.1.9There shall be a water flow regulating 
valve installed in the pressure line for convenient operation 
by the driver while seated.
2.20.1.10Accessible bleeder valves shall 
be installed in an appropriate place in the return lines of body 
company-installed heaters to remove air from the heater 
lines.
2.20.1.11Access panels shall be provided 
to make heater motors, cores and fans readily accessible for 
service. An outside access panel may be provided for the 
driver's heater.
2.20.Air Conditioning
2.20.2.1Performance Specifications
2.20.2.1.1The installed air 
conditioning system shall cool the interior of the bus down to 
at least 80 degrees Fahrenheit, measured at a minimum of 
three points, located 4’ above the floor at the longitudinal 
centerline of the bus. The three points shall be: (1) near the 
driver’s location, (2) at the midpoint of the body, and (3) 2' 
forward of the emergency door, or, for type D rear-engine 
buses, 2' forward of the end of the aisle.

2.20.2.1.2The test conditions under 
which the above performance must be achieved shall consist 
of: (1) placing the bus in a room (such as a paint booth) 
where ambient temperature can be maintained at 100 degrees 
Fahrenheit (2) heat soaking the bus at 100 degrees 
Fahrenheit with windows open for at least 1 hour and (3) 
closing windows, turning on the air conditioner with the 
engine running at the chassis manufacturer’s recommended 
low idle speed, and cooling the interior of the bus to 80 
degrees Fahrenheit or lower within a maximum of 30 
minutes while maintaining 100 degrees Fahrenheit outside 
temperature.
2.20.2.1.3Alternately, this test may be 
performed under actual summer conditions, which consist of 
temperatures above 85 degrees Fahrenheit, humidity above 
50 percent with normal sun loading of the bus and the engine 
running at the engine manufacturer’s recommended low idle 
speed. After a minimum of 1 hour of heat soaking, the 
system shall be turned on and must provide a minimum 20 
degree temperature drop in the 30-minute time limit.
2.20.2.2Other Requirements
2.20.2.2.1Evaporator cases, lines and 
ducting (as equipped) shall be designed in such a manner 
that all condensation is effectively drained to the exterior of 
the bus below the floor level under all conditions of vehicle 
movement and without leakage on any interior portion of 
bus.
2.20.2.2.2Any evaporator or ducting 
system shall be designed and installed so as to be free of 
injury-prone projections or sharp edges. Any ductwork shall 
be installed so that exposed edges face the front of the bus 
and do not present sharp edges.
2.20.2.2.3Evaporator cases and/or 
ducting systems shall be equipped with diffusers that are 
adjustable.
2.20.2.2.4On specially equipped 
school buses, the evaporator and ducting (if used) shall be 
placed high enough that they will not obstruct occupant 
securement shoulder strap upper attachment points. This 
clearance shall be provided along entire length of the 
passenger area on both sides of the bus interior to allow for 
potential retrofitting of new wheelchair positions and 
occupant securement devices throughout the bus.
2.20.2.2.5The condensers shall be 
equipped with a sight glass (or at least one for each part of a 
split system) that is accessible and directly visible for 
checking the level of the refrigerant.
2.20.2.2.6The compressor system shall 
be equipped with both a high pressure and a low pressure 
switch to prevent compressor operation when system 
temperatures are above or below recommended safe levels. 
Lubrication of moving compressor parts shall be 
accomplished automatically. An automatic (electric) clutch 
shall be provided on each compressor.
2.20.2.2.7All system operating 
controls, including on-off switch (es), blower switch (es) and 
thermostat controls shall be accessible to the driver in a 
seated position. 
2.20.2.2.8Blowers shall be a minimum 
of two speeds.
2.20.2.2.9Wiring shall be copper with 
color-coded insulation. The air conditioning system shall be 
equipped with at least one manually resetable circuit breaker 
per side to provide overload protection for the main power 
circuit feeding the evaporator blowers and condenser fans. 
System control circuits shall also have overload protection, 
but may be fused.
2.20.2.2.10Refrigerant shall be R 134A.
2.20.2.2.11All wiring, hoses, and lines 
shall be grommeted, routed, and supported so as to reduce 
wear. All flexible refrigerant hoses shall be double braided. 
2.20.2.2.12The body shall be equipped 
with insulation, including sidewalls, roof, firewall, rear, 
inside body bows and plywood (see “Insulation”) or 
composite floor insulation to aid in heat dissipation and 
reflection.
2.20.2.2.13All glass (windshield, 
service and emergency doors, side and rear windows) shall 
be equipped with maximum integral tinting allowed by 
federal or ANSI standards for the respective locations, 
except that windows rear of the driver’s compartment shall 
have approximately 28 percent light transmission.
2.20.2.2.14Type A buses equipped with 
air conditioning shall be furnished with an alternator with a 
minimum output rating of 120 amperes. Type B, C, and D 
buses equipped with air conditioning shall be furnished with 
an alternator with a minimum output rating of 160 amperes. 
2.20.2.2.15Roofs shall be painted white 
(see “Color”).
2.21Hinges: All exterior metal door hinges which 
do not have stainless steel, brass, or nonmetallic hinge pins 
or other designs that prevent corrosion shall be designed to 
allow lubrication to be channeled to the center 75 percent of 
each hinge loop without disassembly.
2.22Identification
2.22.1The body shall bear words "SCHOOL 
BUS" in black letters at least 8 inches high on both front and 
rear of body or on signs attached thereto. Lettering shall be 
placed as high as possible without impairment of its 
visibility. Letters shall conform to "Series B" of Standard 
Alphabets for Highway Signs. "SCHOOL BUS" lettering 
shall have a reflective background. All lettering on NSBY 
surfaces shall be black, and lettering on black surfaces shall 
be NSBY or white.
2.22.2Bus identification number shall be 
displayed on the sides, on the rear, and on the front.
2.22.3District or company name or owner of the 
bus shall be displayed;

2.22.4Other lettering, numbering, or symbols 
which may be displayed on the exterior of the bus, shall be 
limited to:
2.22.4.1The location of the battery(s) 
identified by the word "Battery" or "Batteries" on the battery 
compartment door in 2" lettering;
2.22.4.2Symbols or letters not to exceed 64 
square inches of total display near the service door, 
displaying information for identification by the students of 
the bus or route served;
2.22.4.3Symbols identifying the bus as 
equipped for or transporting students with special needs (see 
Specially Equipped School Bus section); 
2.22.4.4Lettering of fuel type in 2” lettering 
adjacent to the fuel filler opening; and
2.22.4.5Manufacturer, company name, dealer, 
or school logo may be displayed in the right side plate 
location on the rear of the bus.
2.23Inside Height: Inside body height shall be 72" 
or more, measured metal to metal, at any point on 
longitudinal center line from front vertical bow to rear 
vertical bow. Inside body height of Type A-1 buses shall be 
62" or more.
2.24Insulation
2.24.1If thermal insulation is specified, it shall 
be fire-resistant, UL approved, with minimum R-value of 
5.5. Insulation shall be installed so as to prevent sagging.
2.24.2If floor insulation is required, it shall be 5 
ply nominal 5/8" thick plywood, and it shall equal or exceed 
properties of the exterior-type softwood plywood, C-D 
Grade, as specified in standard issued by U.S. Department of 
Commerce. When plywood is used, all exposed edges shall 
be sealed. Type A-1 buses may be equipped with nominal 1/ 
2" thick plywood meeting the above requirements. 
Equivalent material may be used to replace plywood, 
provided it has an equal or greater insulation R value, 
deterioration, sound abatement and moisture resistance 
properties.
2.25Interior
2.25.1The interior of bus shall be free of all 
unnecessary projections, which include luggage racks and 
attendant hand rails, to minimize the potential for injury. 
This standard requires inner lining on ceilings and walls. If 
the ceiling is constructed to contain lap joints, the forward 
panel shall be lapped by rear panel and exposed edges shall 
be beaded, hemmed, flanged, or otherwise treated to 
minimize sharp edges. Buses may be equipped with a 
storage compartment for tools, tire chains, and/or tow 
chains. (See “Storage Compartment”)
2.25.2The driver's area forward of the foremost 
padded barriers will permit the mounting of required safety 
equipment and vehicle operation equipment.
2.25.3Every school bus shall be constructed so 
that the noise level taken at the ear of the occupant nearest to 
the primary vehicle noise source shall not exceed 85 dBA 
when tested according to the procedure found in the NSTSP, 
Appendix B. School buses with a capacity of 36 passengers 
or greater shall be equipped with a sound-proof body 
package that includes firewall and engine cover. The 
headliner over the driver’s compartment to the front barriers 
shall be perforated to absorb sound. 
2.25.4Interior overhead storage compartments 
may be provided if they meet the following criteria:
2.25.4.1Meet head protection requirements of 
FMVSS 222 where applicable;
2.25.4.2Have a minimum rated capacity 
displayed for each compartment;
2.25.4.3Be completely enclosed and equipped 
with latching doors which must be sufficient to withstand a 
force five times the maximum rated capacity of the 
compartment;
2.25.4.4Have all corners and edges rounded 
with a minimum radius of 1" or padded equivalent to door 
header padding;
2.25.4.5Be attached to the bus sufficiently to 
withstand a force equal to 20 times the maximum rated 
capacity of the compartment; and
2.24.4.6Have no protrusions greater than ¼ 
inch.
2.25.5For bus chassis and bodies produced after 
March 1, 2003, the interiors shall have mar-proof side walls.
2.26Lamps and Signals
2.26.1Interior lamps shall be provided which 
adequately illuminate the aisle and the stepwell. The 
stepwell light shall be illuminated by a service door- 
operated switch, to illuminate only when headlights and 
clearance lights are on and the service door is open.
2.26.2Body instrument panel lights shall be 
controlled by an independent rheostat switch.
2.26.3School bus alternately flashing signal 
lamps:
2.26.3.1The bus shall be equipped with two 
red lamps at the rear of vehicle and two red lamps at the front 
of the vehicle. Lamps may be the sealed beam or halogen 
type.
2.26.3.2In addition to the four red lamps 
described above, four amber lamps shall be installed so that 
one amber lamp is located near each red signal lamp, at same 
level, but closer to the vertical centerline of bus. The system 
of red and amber signal lamps shall be wired so that amber 
lamps are energized manually, and red lamps are 
automatically energized (with amber lamps being 
automatically de-energized) when stop signal arm is 
extended or when bus service door is opened. An amber pilot 
light and a red pilot light shall be installed adjacent to the 
driver controls for the flashing signal lamp to indicate to the 
driver which lamp system is activated.
2.26.3.3The area around lens of alternately 

flashing signal lamps extending outward from the edge of 
the lamps 3" (+/- ¼") to the sides and top and minimum 1” to 
the bottom, shall be black in color on the body or roof area 
against which the signal lamp is seen (from distance of 500 
feet along axis of vehicle). Visors or hoods, black in color, 
are required and shall have a minimum depth of 4". (See 
NSTSP, Appendix B)
2.26.3.3.1For bus chassis and bodies 
produced after January 1, 2004, the visors or hoods, black in 
color, are only required on non-flush mounted lights and 
shall have a minimum depth of 4".
2.26.3.4Red lamps shall flash at any time the 
stop signal arm is extended.
2.26.3.5All flashers for alternately flashing 
red and amber signal lamps shall be enclosed in the body in a 
readily accessible location.
2.26.4Turn signal and stop/tail lamps:
2.26.4.1Bus body shall be equipped with 
amber rear turn signal lamps that are at least 7" in diameter. 
These signal lamps must be connected to the chassis hazard 
warning switch to cause simultaneous flashing of turn signal 
lamps when needed as vehicular traffic hazard warning. Turn 
signal lamps are to be placed as wide apart as practical and 
their centerline shall be a maximum of 12" below the rear 
window. Type A-1 conversion vehicle lamps must be at least 
21 square inches in lens area and must be in the 
manufacturer’s standard color.
2.26.4.1.1For bus chassis and bodies 
produced after January 1, 2004, the bus body shall be 
equipped with amber rear turn signal lamps that are at least 
7” in diameter, or if the shape is other than round, a 
minimum 38 square inches. These signal lamps must be 
connected to the chassis hazard warning switch to cause 
simultaneous flashing of turn signal lamps when needed as 
vehicular traffic hazard warning. Turn signal lams are to be 
placed as wide apart as practical and their centerline shall be 
a maximum of 12” below the rear window. Type A-1 
conversion vehicle lamps must be at least 21 square inches in 
lens area and must be in the manufacturer’s standard color.
2.26.4.2Buses shall be equipped with amber 
side-mounted turn signal lights. The turn signal lamp on the 
left side shall be mounted rearward of the stop signal arm 
and the turn signal lamp on the right side shall be mounted 
rearward of the service door. An additional side turn signal 
lamp may be mounted over the rear wheel opening on both 
sides.
2.26.4.2.1For bus chassis and bodies 
produced after January 1, 2004, an additional amber side 
turn lamp shall be mounted between the rear wheel opening 
and the rear of the bus on both sides.
2.26.4.3In addition to manufacturer’s standard 
turn signals, Type C school buses shall also be equipped with 
front, Class A fender or hood-mounted turn signals.
2.26.4.4Buses shall be equipped with four 
combination red stop/tail lamps:
2.26.4.4.1Two combination lamps with 
a minimum diameter of 7", or if a shape other than round, a 
minimum 38 square inches of illuminated area shall be 
mounted on the rear of the bus just inside the turn signal 
lamps.
2.26.4.4.2Two combination lamps with 
a minimum diameter of 4", or if a shape other than round, a 
minimum 12 square inches of illuminated area shall be 
placed on the rear of the body between the beltline and the 
floor line. The rear license plate lamp may be combined with 
one lower tail lamp. Stop lamps shall be activated by the 
service brakes and shall emit a steady light when 
illuminated. Type A-1 buses with bodies supplied by chassis 
manufacturer may have manufacturer's standard stop and tail 
lamps.
2.26.4.5All buses shall be equipped with a 
transistorized 16-light monitor that monitors the front and 
rear warning lamps of the school bus. The monitor shall be 
mounted in full view of the driver. If the full circuit current 
passes through the monitor, each circuit shall be protected by 
a fuse or circuit breaker against any short circuit or 
intermittent shorts. All buses shall be equipped with a 16-
light monitor. The monitor shall be mounted in full view of 
the driver. If the full circuit current passes through the 
monitor, each circuit shall be protected by a fuse, circuit 
breaker, or field effect transistor to protect against any short 
circuit or intermittent shorts.
2.26.4.6Body markers shall be the armored 
type.
2.26.4.7Backup lamps: The bus body shall be 
equipped with two white rear backup lamp signals that are at 
least 4" in diameter or, if a shape other than round, a 
minimum of 13 square inches of illuminated area, meeting 
FMVSS 108. If backup lamps are placed on the same 
horizontal line as the brake lamps and turn signal lamps, they 
shall be to the inside.
2.26.5School buses may be equipped with fog 
lamps.
2.27Metal Treatment
2.27.1All metal used in construction of bus 
body shall be zinc-coated or aluminum-coated or treated by 
equivalent process before the bus is constructed. Included 
are such items as structural members, inside and outside 
panels, door panels and floor sills. Excluded are such items 
as door handles, grab handles, interior decorative parts and 
other interior plated parts.
2.27.2All metal parts that will be painted, in 
addition to the above requirements, shall be chemically 
cleaned, etched, zinc-phosphate-coated and zinc-chromate- 
or epoxy primed, or the metal may be conditioned by 
equivalent process.
2.27.3In providing for these requirements, 
particular attention shall be given to lapped surfaces, welded 

connections of structural members, cut edges on punched or 
drilled hole areas in sheet metal, closed or box sections, 
unvented or undrained areas and surfaces subjected to 
abrasion during vehicle operation.
2.27.4As evidence that above requirements 
have been met, samples of materials and sections used in the 
construction of the bus body shall not lose more than 10 
percent of material by weight when subjected to a 1,000-
hour salt spray test as provided for in latest revision of 
ASTM Standard B-117.
2.28Mirrors
2.28.1The interior mirror shall be either clear 
view laminated glass or clear view glass bonded to a backing 
which retains the glass in the event of breakage. The mirror 
shall have rounded corners and protected edges. All Type A 
buses shall have a minimum of a 6" x 16" mirror and Types 
B, C, and D buses shall have a minimum of a 6" x 30" 
mirror.
2.28.2Each school bus shall be equipped with 
exterior mirrors meeting the requirements of FMVSS 111. 
Mirrors shall be easily adjustable, but shall be rigidly braced 
so as to reduce vibration.
2.28.3Buses may be equipped with heated and/or 
remote control external mirrors.
2.28.3.1For bus chassis and bodies produced 
after March 1, 2003, buses for 36 passengers or greater shall 
be equipped with heated and remote control exterior rear 
view mirrors.
2.28.3.2For bus chassis and bodies produced 
after January 1, 2004, the buses, 36 passengers or greater, 
shall be equipped with heated cross-over mirrors.
2.29Mounting
2.29.1The chassis frame shall support rear body 
cross member. The bus body shall be attached to chassis 
frame at each main floor sill, except where chassis 
components interfere, in such manner as to prevent shifting 
or separation of the body from the chassis under severe 
operating conditions.
2.29.2Insulators shall be installed at all contact 
points between the body and the chassis frame on Types A-2, 
B, C, and D buses, and shall be secured by a positive means 
to the chassis frame or body to prevent shifting, separation, 
or displacement of the isolators under severe operating 
conditions.
2.30Overall Length: Overall length of bus shall not 
exceed 40 feet, excluding accessories.
2.31Overall Width: Overall width of bus shall not 
exceed 96", excluding accessories. The body, excluding 
mirrors, shall have a minimum width of 75 inches and a 
minimum height of 79 inches from road surface to top of 
roof.
2.32Public Address System: 
2.32.1There shall be installed a public address 
amplifier specifically designed for vehicular applications 
with a minimum power output of not less than 5 watts sine-
wave power. Such system shall consist of an on-off switch, 
volume control, and an inside-outside speaker selector 
switch. Additionally, it shall have an outside speaker 
completely weather-proofed a minimum 7 watt power 
capability and two interior dynamic speakers with a 
minimum diameter of 4 inches. These speakers shall be 
located above the window line, to the rear of the driver, and 
shall not project more than 1/2 inch from the interlining of 
the bus. There shall be no sharp edges or corners that could 
cause injury to a passenger. The outside speaker shall be 
located on the front of the cowl under the hood or other 
suitable location under the hood.
2.32.2Buses may be equipped with an AM/FM/ 
audio system.
2.32.3No internal speakers, other than the 
driver’s communication systems, may be installed within 4’ 
of the driver’s seat back in its rearmost upright position. 
2.33Reflective Material (see NSTSP, Appendix B)
2.33.1The front and/or rear bumper may be 
marked diagonally 45 degrees down to centerline of 
pavement with 2" +/- 1/4" wide strips of non-contrasting 
reflective material.
2.33.2The rear of bus body shall be marked with 
strips of reflective NSBY material to outline the perimeter of 
the back of the bus using material that conforms with the 
requirements of FMVSS 131, Table 1. The perimeter 
marking of rear emergency exits per FMVSS 217 and/or the 
use of reflective "SCHOOL BUS" signs partially 
accomplishes the objective of this requirement. To complete 
the perimeter marking of the back of the bus, strips of at least 
1 3/4" reflective NSBY material shall be applied 
horizontally above the rear windows and above the rear 
bumper, extending from the rear emergency exit perimeter, 
marking outward to the left and right rear corners of the bus. 
Vertical strips shall be applied at the corners connecting 
these horizontal strips.
2.33.3"School Bus" signs shall be marked with 
reflective NSBY material comprising background for 
lettering of the front and/or rear "School Bus" signs.
2.33.4Sides of bus body shall be marked with at 
least 1 3/4"- reflective- NSBY material, extending the length 
of the bus body and located (vertically) between the floor 
line and the beltline.
2.34Rub Rails
2.34.1There shall be one rub rail located on each 
side of the bus at seat cushion level which extends from the 
rear side of the entrance door completely around the bus 
body (except the emergency door or any maintenance access 
door) to the point of curvature near the outside cowl on the 
left side.
2.34.2There shall be one additional rub rail 
located on each side at, or no more than 10” above, the floor 
line. The rub rail shall cover the same longitudinal area as 

the upper rub rail, except at the wheelhousings, and it shall 
extend only to the radii of the right and left rear corners.
2.34.3Both rub rails shall be attached at each 
body post and all other upright structural members.
2.34.4Each rub rail shall be 4" or more in width 
in their finished form, shall be of 16-gauge steel or suitable 
material of equivalent strength and shall be constructed in 
corrugated or ribbed fashion.
2.34.5Both rub rails shall be applied outside the 
body or outside the body posts. (Pressed-in or snap-on rub 
rails do not satisfy this requirement.) For Type A-1 vehicles 
using the body provided by the chassis manufacturer, or for 
Types A-2, B, C and D buses using the rear luggage or the 
rear engine compartment, rub rails need not extend around 
the rear corners.
2.34.6There shall be a rub rail (snow rail) or 
equivalent bracing located horizontally at the bottom edge of 
the body side skirts.
2.35Seat and Restraining Barriers
2.35.1Passenger Seating
2.35.1.1All seats shall have a minimum 
cushion depth of 15" and must comply with all requirements 
of FMVSS 222. School bus design capacities shall be in 
accordance with 49 CFR, Part 571.3 and FMVSS 222. 
2.35.1.2All restraining barriers and passenger 
seats shall be constructed with materials that enable them to 
meet the criteria contained in the School Bus Seats 
Upholstery Fire Block Test. (See NSTSP, Appendix B)
2.35.1.3School buses equipped with front 
barriers shall have modesty panels (full width) installed 
under the barriers the full length to the floor.
2.35.1.4Each seat leg shall be secured to the 
floor by a minimum of two (2) bolts, washers, and nuts. 
Flange-head nuts may be used in lieu of nuts and washers, or 
seats may be track-mounted in conformance with FMVSS 
222. If track seating is installed, the manufacturer shall 
supply minimum and maximum seat spacing dimensions 
applicable to the bus, which comply with FMVSS 222. This 
information shall be on a label permanently affixed to the 
bus.
2.35.1.5All seat frames attached to the seat 
rail shall be fastened with two (2) bolts, washers and nuts or 
flange-head nuts.
2.35.1.6All school buses (including Type A) 
shall be equipped with restraining barriers which conform to 
FMVSS 222.
2.35.1.7There shall be a minimum of 8" 
clearance between the last seat and the rear interior of the 
bus.
2.35.2Pre-School Age Seating: When installed, 
all passenger seats designed to accommodate a child or 
infant carrier seat shall comply with FMVSS 225. These 
seats shall be in compliance with NHTSA’s “Guideline for 
Safe Transportation of Pre-school Age Children in School 
Buses.” 
2.36Steps
2.36.1All school buses with a capacity of 36 
passengers and above shall have a three-step stepwell.
2.36.2The first step at service door shall be not 
less than 10" and not more than 14" from the ground when 
measured from the top surface of the step to the ground, 
based on standard chassis specifications, except that on Type 
D vehicles, the first step at the service door shall be 12" to 
16" from the ground.
2.36.3Step risers shall not exceed a height of 10". 
When plywood is used on a steel floor or step, the riser 
height may be increased by the thickness of the plywood.
2.36.4Steps shall be enclosed to prevent 
accumulation of ice and snow.
2.36.5Steps shall not protrude beyond the side 
body line.
2.37Step Treads
2.37.1All steps, including floor line platform 
area, shall be covered with 3/16" rubber floor covering or 
other materials equal in wear and abrasion resistance to top 
grade rubber.
2.37.2The metal back of the tread shall be 
permanently bonded to the step tread material.
2.37.3Steps, including the floor line platform 
area, shall have a 1 1/2" white nosing as an integral piece 
without any joint.
2.37.4Step treads shall have the following 
characteristics:
2.37.4.1Special compounding for good 
abrasion resistance and coefficient of friction of at least 0.6 
for the step surface, and 0.8 for the step nosing;
2.37.4.2Flexibility so that it can be bent 
around a 1/2" mandrel both at 130 degrees Fahrenheit and 20 
degrees Fahrenheit without breaking, cracking, or crazing;
2.37.4.3A durometer hardness 85 to 95.
2.38Stirrup Steps: Unless the windshield and lamps 
are not easily accessible from the ground, there shall be at 
least one folding stirrup step or recessed foothold and 
suitably located handles on each side of the front of the body 
for easy accessibility for cleaning. Steps are permitted in or 
on the front bumper in lieu of the stirrup steps if the 
windshield and lamps are easily accessible for cleaning from 
that position.
2.39Stop Signal Arm: The stop signal arm shall be 
reflectorized material and comply with the requirements of 
FMVSS 131.
2.40Storage Compartment: A storage container for 
tools, tire chains, and/or tow chains may be located either 
inside or outside the passenger compartment. If inside, it 
shall have a cover capable of being securely latched and 
fastened to the floor, convenient to either the service or 
emergency door. (The seat cushion may not serve this 
purpose.)

2.41Strobe Light
2.41.1A white flashing strobe light shall be 
installed on the roof. It shall be located from 4 to 6 feet from 
the rear of the roof edge (except air conditioned buses with 
roof-top evaporators), within 1 foot of centerline, and behind 
all other roof equipment. The strobe shall extend above the 
roof between 4 ½ to 6 3/4 inches, and the light shall be 12 to 
16 joules with a clear lens emitting light 360 degrees around 
its vertical axis.
2.41.2The light shall be wired to activate when 
the amber alternately flashing signal lamps are activated, 
continuing through the full loading or unloading cycle, with 
an override switch to allow activation of the strobe light 
during inclement weather.
2.41.3A pilot light shall be included to indicate 
when the light is in operation
2.42Sun Shield
2.42.1An interior adjustable transparent sun 
shield with a finished edge not less than 6" X 30" for Types 
B, C, and D vehicles, shall be installed in a position 
convenient for use by driver.
2.42.2On all Type A buses the sun shield (visor) 
shall be installed according to the manufacturer's standard.
2.43Traction Assisting Devices
2.43.1Where required or used, sanders shall:
2.43.1.1Be of hopper cartridge-valve type;
2.43.1.2Have a metal hopper with all interior 
surfaces treated to prevent condensation of moisture;
2.43.1.3Be of at least 100 pound (grit) 
capacity;
2.43.1.4Have cover on the filler opening of 
hopper, which screws into place, thereby sealing the unit 
airtight;
2.43.1.5Have discharge tubes extending to the 
front of each rear wheel under the fender;
2.43.1.6Have no-clogging discharge tubes 
with slush-proof, non-freezing rubber nozzles;
2.43.1.7Be operated by an electric switch with 
telltale pilot light mounted on the instrument panel;
2.43.1.8Be exclusively driver controlled; and
2.43.1.9Have a gauge to indicate that the 
hopper needs refilling when it reaches one-quarter full.
2.43.2Automatic traction chains may be 
installed.
2.44Undercoating
2.44.1Entire underside of bus body, including 
floor sections, cross member and below-floor-line side 
panels, shall be coated with rust-proofing material for which 
the material manufacturer has issued a notarized certification 
of compliance to the bus body builder that materials meet or 
exceed all performance and qualitative requirements of 
paragraph 3.4 of Federal Specification TT-C-520b using 
modified test procedures* for following requirements:
2.44.1.1Salt spray resistance, pass test 
modified to 5% salt and 1000 hours;
2.44.1.2Abrasion resistance, pass; and
2.44.1.3Fire resistance, pass.
*Test panels to be prepared in accordance with 
paragraph 4.6.12 of TT-C-520b with modified procedure 
requiring that the test be made on a 48-hour air-cured film at 
a thickness recommended by the material manufacturer.
2.44.2The undercoating material shall be applied 
with suitable airless or conventional spray equipment to the 
recommended film thickness and shall show no evidence of 
voids in cured film.
2.45Ventilation
2.45.1Auxiliary fans (2) shall meet the following 
requirements.
2.45.1.1Fans for left and right sides shall be 
placed in a location where they can be adjusted for 
maximum effectiveness and where they do not obstruct 
vision to any mirror, the roadway, or students outside the 
bus. Note: Type A buses may be equipped with one fan.
2.45 1.2fans shall be of 6” diameter
2.45.1.3fan blades shall be covered with a 
protective cage. Each fan shall be controlled by a separate 
switch.
2.45.2The bus body shall be equipped with a 
suitably controlled ventilating system of sufficient capacity 
to maintain proper quantity of air under operating conditions 
without having to open windows except in extremely warm 
weather.
2.45.3Static-type, non-closeable exhaust 
ventilation shall be installed in a low-pressure area of the 
roof toward the front of the bus.
2.45.4Roof hatches designed to provide 
ventilation in all types of exterior conditions may be 
provided. They may be equipped with additional ventilating 
fans.
2.46Wheelhousing
2.46.1The wheelhousing opening shall allow for 
easy tire removal and service.
2.46.2Wheelhousings shall be attached to the 
floor sheets in such a manner so as to prevent any dust, water 
or fumes from entering the body. Wheelhousings shall be 
constructed of at least 16-gauge steel.
2.46.3The inside height of the wheelhousings 
above the floor line shall not exceed 12".
2.46.4The wheelhousings shall provide 
clearance for installation and use of tire chains on single and 
dual (if so equipped) power-driving wheels.
2.46.5No part of a raised wheelhousing shall 
extend into the emergency door opening.
2.47 Windows
2.47.1Each side window, other than emergency 
exits designated to comply with FMVSS 217, shall provide 
an unobstructed opening of at least 9" high but not more than 
13" high and at least 22" wide, obtained by lowering the 

window. One side window on each side of the bus may be 
less than 22" wide.
2.47.2Optional tinted and/or frost-free glazing 
may be installed in all doors, windows, and windshields 
consistent with federal, state, and local regulations. 
Windshields shall be tinted with maximum integral tinting 
allowed by federal or ANSI standards with a shaded band 
across the top.
2.48Windshield Washers: A windshield washer 
system shall be provided.
2.49Windshield Wipers
2.49.1A two-speed or variable speed windshield 
wiping system shall be provided. An intermittent feature 
may be provided.
2.49.1.1For bus chassis and bodies produced 
after March 1, 2003, a two- speed or variable speed 
windshield wiping system shall be provided and an 
intermittent feature shall be provided.
2.49.2The wipers shall be operated by one or 
more air or electric motors of sufficient power to operate the 
wipers. If one motor is used, the wipers shall work in tandem 
to give full sweep of windshield.
2.50Wiring
2.50.1All wiring shall conform to current SAE 
standards.
2.50.2Circuits:
2.50.2.1Wiring shall be arranged in circuits, as 
required, with each circuit protected by a fuse, or circuit 
breaker or field effect transistor. A system of color and 
number coding shall be used and an appropriate identifying 
diagram shall be provided to the end user, along with the 
wiring diagram provided by the chassis manufacturer. The 
wiring diagrams shall be specific to the bus model supplied 
and shall include any changes to wiring made by the body 
manufacturer. Chassis wiring diagrams shall also be supplied 
to the end user. A system of color- and number-coding shall 
be used on buses. The following body interconnecting 
circuits shall be color-coded as noted:
FUNCTION COLOR
Left Rear Directional LampYellow
Right Rear Directional LampDark Green
Stop Lamps Red
Back-up Lamps Blue
Tail Lamps Brown
Ground White
Ignition Feed, Primary Feed Black
The color of cables shall correspond to SAE J 1128.
2.50.2.2Wiring shall be arranged in at least six 
regular circuits as follows:
2.50.2.2.1Head, tail, stop (brake) and 
instrument panel lamps;
2.50.2.2.2Clearance lamps and 
stepwell lamps that shall be actuated when service door is 
open;
2.50.2.2.3Dome lamps;
2.50.2.2.4Ignition and emergency door 
signal;
2.50.2.2.5Turn signal lamps; and
2.50.2.2.6Alternately flashing signal 
lamps.
2.50.2.3Any of the above combination circuits 
may be subdivided into additional independent circuits.
2.50.2.4Heaters and defrosters shall be wired 
on an independent circuit.
2.50.2.5Whenever possible, all other electrical 
functions (such as sanders and electric-type windshield 
wipers) shall be provided with independent and properly 
protected circuits.
2.50.2.6Each body circuit shall be coded by 
number or letter on a diagram of circuits and shall be 
attached to the body in a readily accessible location.
2.50.3The entire electrical system of the body 
shall be designed for the same voltage as the chassis on 
which the body is mounted.
2.50.4All wiring shall have an amperage 
capacity exceeding the design load by at least 25%. All 
wiring splices are to be done at an accessible location and 
noted as splices on the wiring diagram.
2.50.5A body wiring diagram, of a size which 
can be easily read shall be furnished with each bus body or 
affixed in an area convenient to the electrical accessory 
control panel.
2.50.6The body power wire shall be attached to a 
special terminal on the chassis.
2.50.7All wires passing through metal openings 
shall be protected by a grommet.
2.50.8Wires not enclosed within body shall be 
fastened securely at intervals of not more than 18 inches. All 
joints shall be soldered or joined by equally effective 
connectors, which shall be water-resistant and corrosion-
resistant.
See 6 DE Reg. 1351 (4/1/03)
3.0Standards for Specially Equipped School Buses
3.1General Requirements
3.1.1School buses designed for transporting 
students with special transportation needs shall comply with 
these standards and with FMVSSs applicable to their GVWR 
category.
3.1.2Any school bus to be used for the 
transportation of children who are confined to a wheelchair 
or other mobile positioning device, or who require life- 
support equipment that prohibits use of the regular service 
entrance, shall be equipped with a power lift, unless a ramp 
is needed for unusual circumstances related to passenger 
needs.
3.1.3All lift buses shall have flat floors.
3.1.4Padded barriers shall be installed to 

protect wheelchair positions where seating does not interface 
as barrier.
3.1.5Seats shall have the minimum spacing 
specified under FMVSS No. 222 School Bus Passenger 
Seating and Crash Protection (within 24 inches from the 
safety reference point) per NHTSA February 1999 Guideline 
for the Safe Transportation of Pre-School Age Children in 
School Buses.
3.1.6All seats shall have seat belts installed 
(39" seats shall have 3 seat belts and 30" seats shall have 2 
seatbelts).
3.2Aisles: All school buses equipped with a power lift 
shall provide a minimum 30" aisle leading from any 
wheelchair/mobility aid position to at least one emergency 
exit. A wheelchair securement position shall never be 
located directly in front of a power lift door location. It is 
understood that, when provided, the lift service door is 
considered an emergency exit.
3.3Glazing: Tinted glazing may be installed in all 
doors, windows and windshields consistent with federal, 
state and local regulations.
3.4Identification: Buses with power lifts used for 
transporting individuals with disabilities shall display the 
International Symbol of Accessibility below the window 
line. Such emblems shall be white on blue background, shall 
not exceed 12 square inches in size, and shall be of a high-
intensity reflectorized material meeting Federal Highway 
Administration (FHWA) FP-85 Standards.
3.5Passenger Capacity Rating: In determining the 
passenger capacity of a school bus for purposes other than 
actual passenger load (e.g., vehicle classification or various 
billing/reimbursement models), any location in a school bus 
intended for securement of an occupied wheelchair/mobility 
aid during vehicle operations are regarded as four designated 
seating positions. Similarly, each lift area may be regarded as 
four designated seating positions.
3.6Power Lifts and Ramps
3.6.1The power lift (power up and gravity 
down with a manual backup system) shall be located on the 
right side of the bus body when not extended.
3.6.1.1School buses with hydraulic brakes 
shall be equipped with a hydraulic brake interlock system 
meeting Americans with Disabilities Act (ADA) standards 
and ensure the lift can not operate unless the parking brake is 
set. The interlock shall be wired through the ignition switch.
3.6.1.2A ramp device may be used in lieu of 
a mechanical lift if the ramp meets all the requirements of 
the Americans with Disabilities Act (ADA) as found in 36 
CFR §1192.23 Vehicle ramp. (See NSTSP, Appendix D)
3.6.1.3A ramp device which does not meet 
the specifications of ADA but does meet the specifications 
of paragraph 3.6.3 of this section may be installed and used, 
when, and only when, a power lift system is not adequate to 
load and unload students having special and unique needs. A 
readily accessible ramp may be installed for emergency exit 
use. If stowed in the passenger compartment, the ramp must 
be properly secured and placed away from general passenger 
contact. It must not obstruct or restrict any aisle or exit while 
in its stowed or deployed position.
3.6.1.4 All vehicles covered by this 
specification shall provide a level- change mechanism or 
boarding device (e.g., lift or ramp) complying with 
paragraphs 3.6.2 or 3.6.3 of this section with sufficient 
clearances to permit a wheelchair or other mobility aid user 
to reach a securement location.
3.6.2Vehicle lift
3.6.2.1Design loads. The design load of the 
lift shall be at least 600 pounds. Working parts, such as 
cables, pulleys, and shafts, which can be expected to wear, 
and upon which the lift depends for support of the load, shall 
have a safety factor of at least six, based on the ultimate 
strength of the material. Non-working parts, such as 
platform, frame, and attachment hardware that would not be 
expected to wear, shall have a safety factor of at least three, 
based on the ultimate strength of the material.
3.6.2.2Lift capacity: The lifting mechanism 
and platform shall be capable of lifting at least 800 pounds.
3.6.2.3Controls: Controls shall be provided 
that enable the operator to activate the lift mechanism from 
either inside or outside the bus. The controls may be 
interlocked with the vehicle brakes, transmission or door, or 
they may provide other appropriate mechanisms or systems 
to ensure the vehicle cannot be moved when the lift is not 
stowed and so the lift cannot be deployed unless the 
interlocks or systems are engaged. The lift shall deploy to all 
levels (e.g., ground, curb, and intermediate positions) 
normally encountered in the operating environment. Where 
provided, each control for deploying, lowering, raising, and 
stowing the lift and lowering the roll-off barrier shall be of a 
momentary contact type requiring continuous manual 
pressure by the operator and shall not allow improper lift 
sequencing when the lift platform is occupied. The controls 
shall allow reversal of the lift operation sequence, such as 
raising or lowering a platform that is part way down, without 
allowing an occupied platform to fold or retract into the 
stowed position.
3.6.2.3.1 Exception: Where the lift is 
designed to deploy with its long dimension parallel to the 
vehicle axis which pivots into or out of the vehicle while 
occupied (i.e., "rotary lift"), the requirements of this 
paragraph, prohibiting the lift from being stowed while 
occupied, shall not apply if the stowed position is within the 
passenger compartment and the lift is intended to be stowed 
while occupied.
3.6.2.4Emergency operation: The lift shall 
incorporate an emergency method of deploying, lowering to 
ground level with a lift occupant, and raising and stowing the 
empty lift if the power to the lift fails. No emergency 

method, manual or otherwise, shall be capable of being 
operated in a manner that could be hazardous to the lift 
occupant or to the operator when operated according to 
manufacturer's instructions and shall not permit the platform 
to be stowed or folded when occupied, unless the lift is a 
rotary lift and is intended to be stowed while occupied. No 
manual emergency operation shall require more than 2 (two) 
minutes to lower an occupied wheelchair to ground level.
3.6.2.5Power or equipment failure: Platforms 
stowed in a vertical position, and deployed platforms when 
occupied, shall have provisions to prevent their deploying, 
falling, or folding any faster than 12" per second or their 
dropping of an occupant in the event of a single failure of 
any load-carrying component.
3.6.2.6Platform barriers: The lift platform 
shall be equipped with barriers to prevent any of the wheels 
of a wheelchair or mobility aid from rolling off the platform 
during its operation. A movable barrier or inherent design 
feature shall prevent a wheelchair or mobility aid from 
rolling off the edge closest to the vehicle until the platform is 
in its fully raised position. Each side of the lift platform that 
extends beyond the vehicle in its raised position shall have a 
barrier with a minimum height of 1 ½". Such barriers shall 
not interfere with maneuvering into or out of the aisle. The 
loading-edge barrier (outer barrier), which functions as a 
loading ramp when the lift is at ground level, shall be 
sufficient when raised or closed, or a supplementary system 
shall be provided, to prevent a power wheelchair or mobility 
aid from riding over or defeating it. The outer barrier of the 
lift shall automatically raise or close, or a supplementary 
system shall automatically engage, and remain raised, 
closed, or engaged at all times that the platform is more than 
3" above the roadway or sidewalk and the platform is 
occupied. Alternatively, a barrier or system may be raised, 
lowered, opened, closed, engaged, or disengaged by the lift 
operator, provided an interlock or inherent design feature 
prevents the lift from rising unless the barrier is raised or 
closed or the supplementary system is engaged.
3.6.2.7Platform surface: The platform 
surface shall be free of any protrusions over 1/4" high and 
shall be slip resistant. The platform shall have a minimum 
clear width of 32" at the platform to 30" above it, and a 
minimum clear length of 48" measured from 2" above the 
surface of the platform to 30" above the surface of the 
platform.
3.6.2.8Platform gaps: Any openings between 
the platform surface and the raised barriers shall not exceed 
5/8" in width. When the platform is at vehicle floor height 
with the inner barrier (if applicable) down or retracted, gaps 
between the forward lift platform edge and the vehicle floor 
shall not exceed ½ inch horizontally and 5/8 inch vertically. 
Platforms on semi-automatic lifts may have a hand hold not 
exceeding 1 ½" by 4 ½" located between the edge barriers.
3.6.2.9Platform entrance ramp: The outboard 
entrance ramp or loading- edge barrier used as a ramp and 
the transition plate from the inboard edge of the platform to 
the vehicle floor shall not exceed a slope of 1:8, measured on 
level ground, for a maximum rise of 3", and the transition 
from roadway or sidewalk to ramp may be vertical without 
edge treatment up to 1/4". Thresholds between 1/4" and 1/2" 
high shall be beveled with a slope no greater than 1:2.
3.6.2.10Platform deflection: The lift platform 
(not including the entrance ramp) shall not deflect more than 
3 degrees (exclusive of vehicle roll or pitch) in any direction 
between its unloaded position and its position when loaded 
with 600 pounds applied through a 26" by 26" test pallet at 
the centroid of the platform.
3.6.2.11Platform movement: No part of the 
platform shall move at a rate exceeding 6" per second while 
lowering and lifting an occupant, and shall not exceed 12" 
per second during deploying or stowing. This requirement 
does not apply to the deployment or stowage cycles of lifts 
that are manually deployed or stowed. The maximum 
platform horizontal and vertical acceleration when occupied 
shall be 0.3 g.
3.6.2.12Boarding direction: The lift shall 
permit both inboard and outboard facing of wheelchair and 
mobility aid users.
3.6.2.13Use by standees: Lifts shall 
accommodate persons using walkers, crutches, canes or 
braces, or who otherwise have difficulty using steps. The 
platform may be marked to indicate a preferred standing 
position.
3.6.2.14Handrails: Platforms on lifts shall be 
equipped with handrails on two sides, which move in tandem 
with the lift, and which shall be graspable and provide 
support to standees throughout the entire lift operation. 
Handrails shall have a usable component at least 8" long 
with the lowest portion a minimum 30" above the platform 
and the highest portion a maximum 38" above the platform. 
The handrails shall be capable of withstanding a force of 100 
pounds concentrated at any point on the handrail without 
permanent deformation of the rail or its supporting structure. 
The handrail shall have a cross-sectional diameter between 1 
1/4" and 1 1/2" or shall provide an equivalent grasping 
surface, and have eased edges with corner radii of not less 
than 1/8". Handrails shall be placed to provide a minimum 1 
1/2" knuckle clearance from the nearest adjacent surface. 
Handrails shall not interfere with wheelchair or mobility aid 
maneuverability when entering or leaving the vehicle.
3.6.2.15Circuit breaker: A resettable circuit 
breaker shall be installed between the power source and lift 
motor if electrical power is used. It shall be located as close 
to the power source as possible, but not within the passenger/ 
driver compartment.
3.6.2.16Excessive pressure: Lift design shall 
prevent excessive pressure that could damage the lift system 
when the platform is fully lowered or raised or that could 

jack the vehicle.
3.6.2.17Documentation: The following 
information shall be provided with each vehicle equipped 
with a lift:
3.6.2.17.1A phone number where 
information can be obtained about installation, repair, and 
parts. (Detailed written instructions and a parts list shall be 
available upon request.)
3.6.2.17.2Detailed instructions 
regarding use of the lift and readily visible when the lift door 
is open, including a diagram showing the proper placement 
and positioning of wheelchair/mobility aids on lift.
3.6.2.18Training materials: The lift 
manufacturer shall make available training materials to 
ensure the proper use and maintenance of the lift. These may 
include instructional videos, classroom curriculum, system 
test results, or other related materials.
3.6.2.19Identification and certification: Each 
lift shall be permanently and legibly marked or shall 
incorporate a non-removable label or tag that states that it 
conforms to all applicable requirements of the NSTSP. In 
addition, the lift manufacturer or an authorized 
representative, upon request of the original titled purchaser, 
shall provide a notarized Certificate of Conformance, either 
original or photocopied, which states that the lift system 
meets all the applicable requirements of the NSTSP.
3.6.3Vehicle ramp
3.6.3.1If a ramp is used, it shall be of 
sufficient strength and rigidity to support the special device, 
occupant, and attendant(s). It shall be equipped with a 
protective flange on each longitudinal side to keep special 
device on the ramp.
3.6.3.2Floor of ramp shall be constructed of 
non-skid material.
3.6.3.3Ramp shall be equipped with handles 
and be of weight and design to permit one person to put ramp 
in place and return it to its storage place.
3.6.3.4Ramps used for emergency 
evacuation purposes may be installed in raised floor buses by 
manufacturers. They shall not be used as a substitute for a 
lift when a lift is capable of servicing the need.
3.7Regular Service Entrance
3.7.1On power-lift equipped vehicles, steps 
shall be the full width of the step well, excluding the 
thickness of doors in the open position.
3.7.2A suitable device shall be provided at the 
front and rear of the stepwell to assist passengers during 
ingress or egress. This device shall allow for easy grasping 
or holding and shall have no openings or pinch points that 
might entangle clothing, accessories or limbs.
3.8Restraining Devices
3.8.1On power lift-equipped vehicles, seat 
frames may be equipped with attachments or devices to 
which belts, restraining harnesses or other devices may be 
attached. Attachment framework or anchorage devices, if 
installed, shall conform to FMVSS 210.
3.8.2Belt assemblies, if installed, shall conform 
to FMVSS 209.
3.8.3Child restraint systems, which are used to 
facilitate the transportation of children who in other modes 
of transportation would be required to use a child, infant, or 
booster seat, shall conform to FMVSS 213.
3.9Seating Arrangements: Flexibility in seat spacing to 
accommodate special devices shall be permitted to meet 
passenger requirements. All seating shall be forward-facing.
3.10Securement and Restraint System for 
Wheelchair/ Mobility Aid and Occupant: For purposes of 
better understanding the various aspects and components of 
this section, the term securement or phrase securement 
system is used exclusively in reference to the device(s) 
which secures the wheelchair/mobility aid. The term 
restraint or phrase restraint system is used exclusively in 
reference to the device(s) used to restrain the occupant of the 
wheelchair/ mobility aid. The phrase securement and 
restraint system is used to refer to the total system which 
secures and restrains both the wheelchair/mobility aid and 
the occupant.
3.10.1Securement and restraint system-general
3.10.1.1The Wheelchair/Mobility Aid 
Securement and Occupant Restraint System shall be 
designed, installed and operated to accommodate passengers 
in a forward-facing orientation within the bus and shall 
comply with all applicable requirements of FMVSS 222. 
Gurney-type devices shall be secured parallel to the side of 
each bus.
3.10.1.2The securement and restraint system, 
including the system track, floor plates, pockets or other 
anchorages shall be provided by the same manufacturer, or 
shall be certified to be compatible by manufacturers of all 
equipment/systems used.
3.10.1.3When a wheelchair/mobility aid 
securement device and an occupant restraint share a common 
anchorage, including occupant restraint designs that attach 
the occupant restraint to the securement device or the 
wheelchair/mobility aid, the anchorage shall be capable of 
withstanding the loads of both the securement device and 
occupant restraint applied simultaneously, in accordance 
with FMVSS 222. (See 3.10.2 and 3.10.3 of this section.)
3.10.1.4When a wheelchair/mobility aid 
securement device (webbing or strap assembly) is shared 
with an occupant restraint, the wheelchair/mobility aid 
securement device (webbing or strap assembly) shall be 
capable of withstanding a force twice the amount as 
specified in §4.4(a) of FMVSS 209. (See 3.10.2 and 3.10.3 
of this section.)
3.10.1.5The bus body floor and sidewall 
structures where the securement and restraint system 
anchorages are attached shall have equal or greater strength 

than the load requirements of the system(s) being installed.
3.10.1.6The occupant restraint system shall be 
designed to be attached to the bus body either directly or in 
combination with the wheelchair/mobility aid securement 
system, by a method which prohibits the transfer of weight 
or force from the wheelchair/mobility aid to the occupant in 
the event of an impact.
3.10.1.7When an occupied wheelchair/ 
mobility aid is secured in accordance with the manufacturer's 
instructions, the securement and restraint system shall limit 
the movement of the occupied wheelchair/mobility aid to no 
more than 2" in any direction under normal driving 
conditions.
3.10.1.8The securement and restraint system 
shall incorporate an identification scheme that will allow for 
the easy identification of the various components and their 
functions. It shall consist of one of the following, or 
combination thereof:
3.10.1.8.1The wheelchair/mobility aid 
securement (webbing or strap assemblies) and the occupant 
restraint belt assemblies shall be of contrasting color or color 
shade.
3.10.1.8.2The wheelchair/mobility aid 
securement device (webbing or strap assemblies) and 
occupant restraint belt assemblies may be clearly marked to 
indicate the proper wheelchair orientation in the vehicle, and 
the name and location for each device or belt assembly, i.e., 
front, rear, lap belt, shoulder belt, etc.
3.10.1.9All attachment or coupling devices 
designed to be connected or disconnected frequently shall be 
accessible and operable without the use of tools or other 
mechanical assistance.
3.10.1.10All securement and restraint 
system hardware and components shall be free of sharp or 
jagged areas and shall be of a non-corrosive material or 
treated to resist corrosion in accordance with §4.3(a) of 
FMVSS 209.
3.10.1.11The securement and restraint 
system shall be located and installed such that when an 
occupied wheelchair/mobility aid is secured, it does not 
block access to the lift door.
3.10.1.12A device for storage of the 
securement and restraint system shall be provided. When the 
system is not in use, the storage device shall allow for clean 
storage of the system, shall keep the system securely 
contained within the passenger compartment, shall provide 
reasonable protection from vandalism and shall enable the 
system to be readily accessed for use.
3.10.1.13The entire securement and 
restraint system, including the storage device, shall meet the 
flammability standards established in FMVSS 302.
3.10.1.14Each securement device 
(webbing or strap assembly) and restraint belt assembly shall 
be permanently and legibly marked or shall incorporate a 
non-removable label or tag that states that it conforms to all 
applicable FMVSS requirements, as well as, the NSTSP. In 
addition, the system manufacturer, or an authorized 
representative, upon request by the original titled purchaser, 
shall provide a notarized Certificate of Conformance, either 
original or photocopied, which states that the wheelchair/ 
mobility aid securement and occupants’ restraint system 
meets all of the requirements as specified in FMVSS 222 and 
the NSTSP.
3.10.1.15The following information shall 
be provided with each vehicle equipped with a securement 
and restraint system:
3.10.1.15.1A phone number where 
information can be obtained about installation, repair, and 
parts. (Detailed written instructions and a parts list shall be 
available upon request).
3.10.1.15.2Detailed instructions 
regarding use, including a diagram showing the proper 
placement of the wheelchair/mobility aids and positioning of 
securement devices and occupant restraints, including 
correct belt angles.
3.10.1.16 The system manufacturer shall make 
available training materials to ensure the proper use and 
maintenance of the wheelchair/mobility aid securement and 
occupant restraint system. These may include instructional 
videos, classroom curriculum, system test results or other 
related materials.
3.10.2Wheelchair/mobility aid securement 
system
3.10.2.1Each location for the securement of a 
wheelchair/mobility aid shall consist of a minimum of four 
anchorage points. A minimum of two anchorage points shall 
be located in front of the wheelchair/mobility aid and a 
minimum of two anchorage points shall be located in the 
rear. The securement anchorages shall be attached to the 
floor of the vehicle and shall not interfere with passenger 
movement or present any hazardous condition.
3.10.2.2Each securement system location 
shall have a minimum clear floor area of 30" by 48". 
Additional floor area may be required for some applications. 
Consultation between the user and the manufacturer is 
recommended to ensure adequate area is provided.
3.10.2.3The securement system shall secure 
common wheelchair/mobility aids and shall be able to be 
attached easily by a person who has average dexterity and 
who is familiar with the system and wheelchair/mobility aid.
3.10.2.4Capable of withstanding a minimum 
force of 3,000 pounds when applied as specified in FMVSS 
222. When more than one securement device shares a 
common anchorage, the anchorage shall be capable of 
withstanding the force indicated above, multiplied by the 
number of securement devices sharing that anchorage.
3.10.2.5Each securement device, if 
incorporating webbing or a strap assembly, shall comply 

with the requirements for Type 1 lap belt systems, in 
accordance with §4.2, §4.3, and §4.4(a) of FMVSS 209.
3.10.2.6The securement system shall secure 
the wheelchair/mobility aid in such a manner that the 
attachments or coupling hardware will not become detached 
when any wheelchair/mobility aid component deforms, 
when one or more tires deflate, and without intentional 
operation of a release mechanism (e.g., a spring clip on a 
securement hook). 
3.10.2.7Each securement device (webbing or 
strap assembly) shall be capable of withstanding a minimum 
force of 2,500 pounds when tested in accordance with 
FMVSS 209.
3.10.2.8Each securement device (webbing or 
strap assembly) shall provide a means of adjustment, of 
manufacturer's design, to remove slack from the device or 
assembly.
3.10.3Occupant Restraint System
3.10.3.1A Type 2A lap/shoulder restraint 
system that meets all applicable requirements of FMVSS 
209 and 210 shall provide for restraint of the occupant.
3.10.3.2The occupant restraint system shall be 
made of materials which do not stain, soil or tear an 
occupant's clothing, and shall be resistant to water damage 
and fraying.
3.10.3.3Each restraint system location shall 
have not less than one anchorage of manufacturer's design 
for the upper end of the upper torso restraint.
3.10.3.3.1The anchorage for each 
occupant's upper torso restraint shall be capable of 
withstanding a minimum force of 1,500 pounds when 
applied as specified in FMVSS 222.
3.10.3.4Each wheelchair/mobility aid location 
shall have not less than two floor anchorages for the 
occupant pelvic restraint and the connected upper torso 
restraint.
3.10.3.4.1Each floor anchorage shall 
be capable of withstanding a minimum force of 3,000 
pounds when applied as specified in FMVSS 222.
3.10.3.4.2When more than one 
occupant restraint shares a common anchorage, the 
anchorage shall be capable of withstanding a minimum force 
of 3,000 pounds multiplied by the number of occupant 
restraints sharing the common anchorage in accordance with 
FMVSS 222.
3.10.3.5Each floor and wall anchorage that 
secures the occupant restraint to the vehicle which is not 
permanently attached, shall be of a "positive latch" design 
and shall not allow for any accidental disconnection.
3.10.4Dynamic Testing
3.10.4.1The wheelchair/mobility aid 
securement and occupant restraint system shall be subjected 
to and successfully pass a dynamic sled test at a minimum 
impact speed/deceleration of 30 m.p.h./20g's.
3.10.4.2The dynamic test shall be performed 
by experienced personnel using an impact simulator with 
proven ability to provide reliable, accurate test results that 
can be replicated.
3.10.4.3The dynamic test shall be performed 
in accordance with the procedures set forth in Appendix A of 
SAE J2249 "Test for Frontal Impact Crash Worthiness."
3.10.4.4The wheelchair/mobility aid used for 
testing purposes shall be a rigid, reusable surrogate 
wheelchair that complies with the requirements of Appendix 
D of SAE J2249 "Specification for Surrogate Wheelchair."
3.10.4.5The dynamic test shall be performed 
using system assemblies, components and attaching 
hardware that are identical to the final installation in type, 
configuration and positioning. The body structure at the 
anchorage points may be simulated for the purpose of the 
sled test.
3.10.4.6When tested, the wheelchair/mobility 
aid securement and occupant restraint system shall pass the 
criteria specified in Section 6.2 of SAE J2249 "Performance 
Requirements of Frontal Sled Impact Test." Following is an 
abridged summary of the criteria. (See NSTSP, Appendix D)
3.10.4.6.1Retain the test dummy in the 
test wheelchair and on the test sled with the test wheelchair 
in an upright position.
3.10.4.6.2Do not show any 
fragmentation or complete separation of any load carrying 
part.
3.10.4.6.3Do not allow the horizontal 
excursions of the test dummy and the test wheelchair to 
exceed specified limits.
3.10.4.6.4Prevent the test wheelchair 
from imposing forward loads on the test dummy.
3.10.4.6.5Allow removal of the test 
dummy and the test wheelchair, subsequent to the test, 
without the use of tools.
3.11Special Light: Doorways in which lifts are 
installed shall have for use during lift operation a special 
light providing a minimum of 2 foot-candles of illumination 
measured on the floor of the bus immediately adjacent to the 
lift and on the lift when deployed at the vehicle floor level.
3.12Special Service Entrance
3.12.1Power lift-equipped bodies shall have a 
special service entrance to accommodate the power lift.
Exception: If the lift is designed to operate 
within the regular service entrance, and is capable of stowing 
such that the regular service entrance is not blocked in any 
way, and that persons entering or exiting the bus are not 
impeded in any way, a special service entrance shall not be 
required.
3.12.2The special service entrance and door shall 
be located on the right side of the bus and shall be designed 
so as not to obstruct the regular service entrance.
3.12.3The opening may extend below the floor 

through the bottom of the body skirt. If such an opening is 
used, reinforcements shall be installed at the front and rear of 
the floor opening to support the floor and give the same 
strength as other floor openings.
3.12.4A drip molding shall be installed above the 
opening to effectively divert water from the entrance.
3.12.5Door posts and headers at the entrance 
shall be reinforced sufficiently to provide support and 
strength equivalent to the areas of the side of the bus not 
used for special service entrance.
3.13Special Service Entrance Doors
3.13.1A single door shall be used for the special 
service entrance. They shall have rub rails.
3.13.2There shall be a 57" door height opening. 
3.13.3A single door shall be hinged to the 
forward side of the entrance unless doing so would obstruct 
the regular service entrance. If the door is hinged to the 
rearward side of the doorway, the door shall utilize a safety 
mechanism which will prevent the door from swinging open 
should the primary door latch fail. 
3.13.4All doors shall have positive fastening 
devices to hold doors in the “open” position.
3.13.5All doors shall be weather sealed.
3.13.6Door materials, panels and structural 
strength shall be equivalent to the conventional service and 
emergency doors. Color, rub rail extensions, lettering and 
other exterior features shall match adjacent sections of the 
body.
3.13.7Each door shall have windows set in 
rubber which are visually similar in size and location to 
adjacent non-door windows. Glazing shall be of same type 
and tinting (if applicable) as standard fixed glass in other 
body locations.
3.13.8Door(s) shall be equipped with a device 
that will actuate an audible or flashing signal located in the 
driver's compartment when door(s) is not securely closed 
and ignition is in "on" position.
3.13.9A switch shall be installed so that the 
lifting mechanism will not operate when the lift platform 
door(s) is closed.
3.13.10Special service entrance doors shall be 
equipped with padding at the top edge of the door opening. 
Padding shall be at least 3" wide and 1" thick and extend the 
full width of the door opening.
See 5 DE Reg. 879 (10/1/01)
PROFESSIONAL STANDARDS BOARD
EDUCATION IMPACT ANALYSIS
PURSUANT TO 14 DEL. C. SECTION 122(D)
ORDER REPEALING CERTIFICATION 
REGULATION 390
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation 
and consultation with the Department of Education, seeks 
the consent of the State Board of Education to repeal 
regulation 390 Delaware Licensure for Teachers Holding 
National Board Certification for Professional Teaching 
Standards Certification from the Regulations of the 
Department of Education. The regulation listed concerns 
the requirements for the issuance and renewal of a license to 
teachers holding certification from the National Board for 
Professional Teaching Standards. As part of a continuing 
effort to reduce the number of regulations which govern 
virtually every aspect of State government, it is 
recommended that the above-referenced regulations be 
repealed. It is necessary to repeal this regulation as the 
subject is regulated by regulation 1512 Advanced License, 
which is in compliance with 14 Del.C. §1213 and §1214. 
Regulation 390 is, therefore, no longer necessary.
Notice of the proposed repeal of the regulation was 
published in the News Journal and Delaware State News on 
October 23, 2003, in the form hereto attached as Exhibit 
“A”. The notice invited written comments. No written 
comment has been received.
II. Findings Of Facts
The Professional Standards Board and the State Board 
of Education find that it is appropriate to repeal the 
regulation as the subject is regulated by regulation 1512 
Advanced License, which is in compliance with 14 Del. C.
§ 1213 and § 1214.
III. Decision To Repeal The Regulations
For the foregoing reasons, the Professional Standards 
Board and the State Board of Education conclude the 
identified regulation should be repealed. Therefore, 
pursuant to 14 Del. C. §1203 and § 1205(b)., the regulation 
attached hereto as Exhibit “B” is hereby repealed.
IV. Text And Citation
The text of the regulation 390, attached hereto as 
Exhibit “B” is repealed, and said regulations shall be deleted 
from the Regulations of the Department of Education.

V. Effective Date Of Order
The effective date of this Order shall be ten (10) days 
from the date this Order is published in the Delaware 
Register of Regulations.
APPROVED BY THE PROFESSIONAL 
STANDARDS BOARD THE 4TH DAY of DECEMBER, 
2003
Harold Roberts, ChairCarla Lawson
Sharon BrittinghamMary Mirabeau
Heath ChasanovJohn Pallace
Patricia ClementsKaren Schilling Ross
Edward CzerwinskiCarol Vukelich
Karen GordonGeraldine A. Williams
Barbara Grogg
Bruce Harter
Leslie Holden
FOR IMPLEMENTATION BY THE DEPARTMENT 
OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED This 18th Day Of December, 
2003.
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
390 Delaware Licensure for Teachers Holding National 
Board Certification for Professional Teaching Standards 
Certification
1.0An applicant who holds a current certificate from the 
National Board for Professional Teaching Standards 
(NBPTS) shall comply with the application process 
requirements of 4.0 of regulation 301 General Regulations 
for Certification of Professional Public School Personnel 
from the Regulations of the Department of Education. The 
pre-licensure requirements contained in 301, Sections 2.0, 
3.0 and 4.0 of the General Regulations for Certification of 
Professional Public School Personnel are waived for such an 
applicant. The Department of Education will determine the 
appropriate state certificate(s) to be issued based upon the 
national certifications held by the applicant.
REGULATORY IMPLEMENTING ORDER
REGULATION 1512 ISSUANCE AND RENEWAL OF 
ADVANCED LICENSE
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation 
and consultation with the Department of Education, seeks 
the consent of the State Board of Education to adopt this 
regulation. This regulation clarifies requirements and 
addresses the notification to the Department of candidates 
for this license for the issuance and renewal of an advanced 
license. The amendment further clarifies requirements for 
teachers who do not renew their National Board for 
Professional Teaching Standards certification. This 
regulation shall apply to the issuance and renewal of an 
advanced license as established by 14 Del.C. §1213 and 
§1214.
Notice of the proposed amendment of the regulation 
was published in the News Journal and the Delaware State 
News on October 23, 2003, in the form hereto attached as 
Exhibit A. The notice invited written comments and none 
were received from the newspaper advertisements. 
II. Findings Of Facts
The Professional Standards Board and the State Board 
of Education find that it is necessary to amend this regulation 
because 14 Del.C. §1213 and §1214 direct the development 
by the Professional Standards Board, in consultation and 
collaboration with the Department of Education, and with 
the approval of the State Board of Education, of regulation of 
the issuance and renewal of an advanced license. 
Amendment of this regulation will enhance implementation 
of the provisions of 14 Del. C. §1213 and §1214.
III. Decision To Adopt The Regulation
For the foregoing reasons, the Professional Standards 
Board and the State Board of Education conclude that it is 
necessary to amend the regulation. Therefore, pursuant to 14 
Del.C. §1205(b), the regulation attached hereto as Exhibit 
“B” is hereby adopted. Pursuant to the provision of 14 
Del.C. §122(e), the regulation hereby amended shall be in 
effect for a period of five years from the effective date of this 
order as set forth in Section V. below.
IV. Text And Citation
The text of regulation 1512 shall be in the form attached 
hereto as Exhibit “B”, and said regulation shall be cited in 
the Regulations of the Department of Education.

V. Effective Date Of Order
The effective date of this Order shall be ten (10) days 
from the date this Order is published in the Delaware 
Register of Regulations.
APPROVED BY THE PROFESSIONAL 
STANDARDS BOARD THE 4th DAY of December, 2003.
Harold Roberts, ChairLeslie Holden
Sharon BrittinghamCarla Lawson
Heath ChasanovMary Mirabeau
Patricia ClementsJohn Pallace
Edward CzerwinskiKaren Schilling Ross
Karen GordonCarol Vukelich
Barbara GroggGeraldine A. Williams
Bruce Harter
FOR IMPLEMENTATION BY THE DEPARTMENT 
OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED THIS 18TH DAY OF 
DECEMBER, 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
1512 Issuance And Renewal Of Advanced License
1.0Content: This regulation shall apply to the issuance 
and renewal of an advanced license for educators, pursuant 
to 14 Del. C. § 1213 and § 1214.
2.0Definitions: The following words and terms, when 
used in this regulation, shall have the following meaning 
unless the context clearly indicates otherwise:
“Department” means the Delaware Department of 
Education.
“Educator” means an employee paid under 14 Del. C. 
§ 1305.
“Exigent circumstances” means unanticipated 
circumstances or circumstances beyond the educator’s 
control, including, but not limited to, serious illness of the 
educator or a member of his/her immediate family, 
activation to active military duty, and other serious 
emergencies which necessitate the educator’s temporarily 
leaving active service.
“Maintenance of proficiency” means evidence of valid 
renewal of National Board for Professional Teaching 
Standards certification.
“National Board Certified Teacher” means an 
educator who holds National Board for Professional 
Teaching Standards certification.
“National Board certification” means certification of 
an educator by the National Board for Professional Teaching 
Standards.
“Standards Board” means the Professional Standards 
Board established pursuant to 14 Del. C., § 104.
“State” means State of Delaware.
3.0In accordance with 14 Del. C § 1213, the Department 
[upon receipt of the list of successful candidates provided 
annually by the National Board for Professional 
Teaching Standards,] shall issue upon application, an 
advanced license to an[y] educator who receives National 
Board for Professional Teaching Standards certification. 
[Delaware educators upon receipt of a list of successful 
candidates provided annually by the National Board for 
Professional Teaching Standards. An advanced license is 
valid for 10 years unless extended pursuant to 14 Del. C. 
§1216 or revoked for [certification an educator who 
receives National Board for Professional Teaching] cause, 
as defined in 14 Del. C. § 1218.
3.1An applicant for an advanced license shall submit 
the approved application form to the Department. 
Verification of receipt of National Board certification must 
be included with the application. Incomplete applications 
will not be processed. The Department shall issue, upon 
application, an advanced license to an educator licensed in 
another jurisdiction who provides verification of receipt of 
National Board certification.
[3.2The Department shall not act on an application 
for licensure if the applicant is under official 
investigation by any state or local authority with the 
power to issue educator licenses or certifications, where 
the alleged conduct involves allegations of immorality, 
misconduct in office, incompetence, willful neglect of 
duty, disloyalty or falsification of credentials, until the 
applicant provides evidence of the investigation’s 
resolution. 
3.2.1“Immorality” means conduct which is 
inconsistent with the rules and principles of morality 
expected of an educator and may reasonably be found to 
impair an educator’s effectiveness by reason of his or her 
unfitness.]
4.0RESERVED (for equivalent program)
5.0 In accordance with 14 Del. C. § 1214, the Department 
shall renew an advanced license, valid for an additional 10 
years, to an educator who has maintained proficiency 
through the National Board for Professional Teaching 


barred from playing video lottery machines; iv) amend 
Regulation 6.9 to add the word "tokens"; v) amend 
Regulation 6.11 to provide that agents must ensure that 
contractors performing check cashing services exercise 
caution and good judgment; vi) amend Regulation 6.15 to 
clarify that video lottery games may only be conducted 
during established and approved hours; vi) amend 
Regulation 6.21 to delete "365 day" and inserting "one year", 
and adding a sentence that no person illegally on the 
premises or self-barred may redeem credits or prizes; vii) 
amend Regulation 6.22 to require that no agent may shut off 
power to machines without agency approval; viii) add the 
phrase "or the VLEU" after "Director" in Regulation 6.28; 
ix)amend Regulation 6.31 to require the agent maintain 
surveillance tapes according to an agency approved schedule 
and require the agency approve new closed circuit 
televisions and surveillance systems; x) amend Regulation 
6.34 to enact new subsections (1)-(5) on the license 
requirements for agent to notify the agency of the hiring, 
transfer, and termination of employees.
VI.Amend Chapter 7.0-Game Requirements as 
follows: i) amend Regulation 7.3 to delete the words 
"extended", "or games", and "from time to time"; ii) amend 
Regulation 7.6 to provide that persons who are self-barred or 
illegally on the premises shall not claim a prize, and said 
policy must be prominently displayed; iii) amend 
Regulation 7.7 to add the phrase "video lottery machine 
credits" to the first sentence of the regulation, and add a new 
sentence providing that players may be required to present 
sufficient identification; iv) amend Regulation 7.8 to clarify 
that credit slips or prize claim forms must be redeemed 
within one year; v) amend Regulation 7.9 to renumber 
Regulation 7.9 as 7.9.1 and inserting "prize claim" in the 
first sentence, and enacting a new Regulation 7.9.2 to 
provide that no person may play credits belonging to another 
player; vi) amend Regulation 7.10 to provide the minimum 
requirements for credit slips and prize claim forms; vii) 
delete the last sentence in Regulation 7.11; viii) enact a new 
Regulation 7.16-Self-Excluded Players detailing the 
procedure for requests for player self-exclusion, the self-
exclusion list, the duties of video lottery agent, and player's 
removal from the self-exclusion list; ix) enact a new 
Regulation 7.17-Promotional Tournaments detailing the 
procedure for promotional tournament machines and 
conducting of promotional tournaments.
VII.Amend Chapter 8.0 - Accounting and 
Distribution Procedures as follows: i) revise Regulation 
8.2.5 to delete the phrase "Video Lottery Internal Control 
Procedures" and insert "Minimum Internal Control 
Standards".
VIII.Amend Chapter 9.0 - Maintenance of 
Video Lottery Machines as follows: i) revise Regulation 9.3 
to delete the phrase "written maintenance log" or 
"maintenance log forms" and substitute the phrase "MEAL 
book", and delete the phrase "indicate the mechanical meter 
readings" and "substitute "reason for entry".
IX.Amend Chapter 10.0 - Transportation, 
Registration, and Location of Video Lottery Machines as 
follows: i) amend Regulation 10.1 to require approval of the 
Director or designee of video lottery machine shipments, and 
to delete the phrase "license number" from 10.1(1)(3); ii) 
amend Regulation 10.2 to provide that the agency will 
maintain the information on the installed video lottery 
machines, to delete the phrases "license number" and 
"license number of the establishment", to require a 
technology provider notify the agency if a video lottery 
machine will not be placed in use, and require agency 
approval of any storage facility; iii) amend Regulation 10.3 
to clarify that agents may not transport video lottery 
machines without agency approval, and to delete the phrase 
"license number", and to delete subsection 10.3(6); iv) 
amend Regulation 10.4 to clarify that agency approval must 
be obtained prior to shipping video lottery machines out of 
State, to delete the phrase "license number" from 10.4(1), 
and to delete 10.4(6); v) delete Regulation 10.5; vi) amend 
Regulation 10.6 to provide that the agency must approve and 
be present for the initial installation of any new video lottery 
machine; vii) enact a new Regulation 10.8 to provide the 
procedure for submission and approval of project request 
forms.
X.Amend Chapter 14.0 - Employee License 
Procedure as follows: reorder the chapter in its entirety to 
provide for an employee license procedure, enact a new 
Regulation 14.1.1-Rehires/Transfers, enact new Regulation 
14.7.1-14.7.2 on the license requirements for employees, 
enact a new Regulation 14.10 on the requirement to 
prominently display a license, enact a new Regulation 14.11 
on license renewal, enact a new Regulation 14.12 on 
termination/end of employment.
2.The Lottery held a public hearing on December 4, 
2003 and received no public comments. The Lottery 
allowed for public comments from the public from 
November 1, 2003 through November 30, 2003. On 
November 26, 2003, the Lottery received a written 
submission from Sandra McKinley, Senior Regulatory 
Compliance Analyst of IGT. The letter from Ms. McKinley 
raised the following issues: i) whether under the proposed 
amendment to Chapter 14, the IGT Compliance Department 
would still be permitted to review employee applications; ii) 
whether under the proposed amendment to Video Lottery 
Regulation 14.4, a technology provider would be required to 
obtain criminal history information of license applicants and 
forward that information to the Lottery Director; and iii) 
whether Video Lottery Regulation 10.8.2 regarding Project 
Request Forms should be amended to clarify that it only 
applies to non-routine maintenance activities.

Findings Of Fact And Conclusions
3.The public was given notice and an opportunity to 
provide the Lottery with comments in writing and by 
testimony at the public hearing on the proposed amendments 
to the Video Lottery Regulations. The Lottery received one 
letter from IGT which raised minor questions about the 
scope of three of the proposed amendments. 
4.The Lottery finds that the amendments to the Video 
Lottery Regulations should be adopted as proposed. First 
the Lottery finds that the issues addressed in the IGT 
submission do not raise further review or amendment of the 
Video Lottery Regulations. Regarding the proposed 
amendments to Chapter 14, Video Lottery Regulation 
14.1(2) can be reasonably applied so that either a human 
resources representative or a designee can review and 
witness a completed license application form. With regard 
to Video Lottery Regulation 14.4, this Regulation does not 
enact requirement for licensed technology providers to 
obtain certified criminal history records. Under Video 
Lottery Regulation 14.3, the Video Lottery Enforcement 
Unit investigators will conduct the necessary license 
application investigation including review of criminal 
history information. Finally, the Lottery has previously 
issued an Administrative Order regarding Project Requests, 
which would become part of the proposed Video Lottery 
Regulation 10.8.2. The Lottery has not, in past practice, 
interpreted the Project Request requirements to apply to 
routine maintenance projects.
5.The amendments as proposed to the Video Lottery 
Regulations represent the result of a detailed study of the 
Lottery's Regulations, Statutes, and Administrative Orders. 
The proposed amendments are necessary under 29 Del.C.
§4805(a), so that the Lottery may operate the video lottery to 
produce the maximum amount of net revenues consonant 
with the dignity of the State and the general welfare of the 
people of Delaware. 
6.The effective date of this Order shall be ten (10) 
days from the publication of this Order in the Register of 
Regulations on January 1, 2004. This Order adopts the 
proposed amendments to the Video Lottery Regulations in 
their entirety as published in the Register of Regulations, 
Vol. 7, Issue 5, pp. 587-607 (November 1, 2003). 
IT IS SO ORDERED this 15th day of December, 2003.
Don Johnson, Hearing Officer
Delaware Lottery Office
*Please note that no changes were made to the regulation 
as originally proposed and published in the November 
2003 issue of the Register at page 587 (7 DE Reg. 587). 
Therefore, the final regulation is not being republished. 
Please refer to the November 2003 issue of the Register 
or contact the Office of the State Lottery.
DEPARTMENT OF HEALTH AND 
SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code, 
Section 4711 (16 Del.C. §4711)
ORDER
Nature Of The Proceedings:
The Department of Health and Social Services (DHSS) 
initiated proceedings proposing to amend 16 Delaware 
Code, Chapter 47, Uniform Controlled Substances Act by 
rescheduling the pharmaceutically manufactured drug 
Gamma Hydroxy Butyrate (GHB) to a Schedule III 
controlled substance. The DHSS proceedings were initiated 
pursuant to 29 Delaware Code, Chapter 101 and authority as 
prescribed by 16 Delaware Code, Chapter 47, Section 4711.
On November 1, 2003 (Volume 7, Issue 5), DHSS published 
in the Delaware Register of Regulations its notice proposing 
the GHB rescheduling, pursuant to 29 Delaware CodeSection 10115. It requested that written materials and 
suggestions from the public concerning the proposed 
scheduling be delivered to DHSS by December 5, 2003, or 
be presented at a public hearing on December 4, 2003, after 
which time DHSS would review information, factual 
evidence and public comment to the proposed rescheduling 
of GHB.
Written and verbal comments were received during the 
official public comment period in support of rescheduling 
the pharmaceutically manufactured drug GHB to a schedule 
III controlled substance. One written comment was 
submitted by a physician who is a Diplomate of American 
Board of Sleep Medicine and works in a Regional 
Pulmonary and Sleep Medicine office located in Elkton, 
MD. The physician is licensed to practice in Delaware and 
treats patients with sleep disorders who live in Delaware in 
his Maryland office. His comments testified that, Xyrem, a 
medicinal form of GHB is very effective in treating 
cataplexy associated with narcolepsy. One verbal comment 
was offered by a representative of Orphan Medical at the 
public hearing that supported rescheduling the 
pharmaceutically manufactured drug GHB as a schedule III 
controlled substance.
Findings Of Fact:
In accordance with 16 Delaware Code, Section 
4711(1), the Department finds that the Attorney General of 
the United States pursuant to 21 USC §811, rescheduled the 
pharmaceutically manufactured drug Gamma Hydroxy 
Butyrate within the Federal Controlled Substances Act 
effective February 18, 2000. Additionally, in accordance 

with 16 Delaware Code, Section 4711(2) and Section 4717, 
the Department finds, based in part on scientific and medical 
evaluation information provided: (1) pharmaceutically 
manufactured GHB has a potential for abuse less than the 
substances listed in Schedules I and II; (2) pharmaceutically 
manufactured GHB has currently accepted medical use in 
treatment in the United States; and (3) abuse of 
pharmaceutically manufactured GHB may lead to moderate 
or low physical dependence or high psychological 
dependence. Supporting documentation is attached to the 
hearing officer's record.
Based on the above findings, the proposed rescheduling 
of the pharmaceutically manufactured drug Gamma 
Hydroxy Butyrate to a Schedule III controlled substance 
within the Delaware Uniform Controlled Substances Act, as 
set forth in the attached copy should be adopted in the best 
interest of the general public of the State of Delaware.
THEREFORE, IT IS ORDERED, that the State of 
Delaware Uniform Controlled Substances Act be amended 
rescheduling the pharmaceutically manufactured drug 
Gamma Hydroxy Butyrate to a Schedule III controlled 
substance and shall become effective January 10, 2004, after 
publication of the final amendment in the Delaware Register 
of Regulations.
Vincent P. Meconi, Secretary, 12/12/2003
FINAL 16 Del.C. STATUTE AMENDMENTS:
§4718. Schedule III.
(a)The controlled substances listed in this section are 
included in Schedule III.
(b)Unless specifically excepted or unless listed in 
another schedule, any compound, mixture or preparation 
containing limited quantities of any stimulant drugs or any 
salts, isomers or salts of isomers thereof and 1 or more active 
medicinal ingredients not having a stimulant effect on the 
central nervous system and in such combinations, quantity, 
proportion or concentration that reduce the potential abuse of 
the substances which have a stimulant effect on the central 
nervous system:
(c)Unless listed in another schedule, any material, 
compound, mixture or preparation which contains any 
quantity of the following substances having a potential for 
abuse associated with a depressant effect on the central 
nervous system.
1)Any substance which contains any quantity of 
a derivative of barbituric acid, or any salt of a derivative of 
barbituric acid, except those substances which are 
specifically listed in other schedules;
2)Chlorhexadol;
3)Lysergic acid;
4)Lysergic acid amide;
5)Methyprylon;
6)[Rescheduled];
7)Sulfondiethylmethane;
8)Sulfonethylmethane; 
9)Sulfonmethane; and.
10) Any drug product containing gamma 
hydroxybutyric acid, including its salts, isomers, and salts of 
isomers, for which an application is approved under section 
505 of the Federal Food, Drug and Cosmetic Act.
(d)Nalorphine.
(e)Any material, compound, mixture, or preparation 
containing limited quantities of any of the following narcotic 
drugs, or any salts thereof:
(1)Not more than 1.8 grams of codeine or any of 
its salts per 100 milliliters or not more than 90 milligrams 
per dosage unit, with an equal or greater quantity of an 
isoquinoline alkaloid of opium;
(2)Not more than 1.8 grams of codeine, or any of 
its salts, per 100 milliliters or not more than 90 milligrams 
per dosage unit, with 1 or more active, nonnarcotic 
ingredients in recognized therapeutic amounts;
(3)Not more than 300 milligrams of 
dihydrocodeinone, or any of its salts, per 100 milliliters or 
not more than 15 milligrams per dosage unit, with a fourfold 
or greater quantity of an isoquinoline alkaloid of opium;
(4)Not more than 300 milligrams of 
dihydrocodeinone, or any of its salts, per 100 milliliters or 
not more than 15 milligrams per dosage unit, with 1 or more 
active, nonnarcotic ingredients in recognized therapeutic 
amounts;
(5)Not more than 1.8 grams of dihydrocodeine, or 
any of its salts, per 100 milliliters or not more than 90 
milligrams per dosage unit, with 1 or more active, 
nonnarcotic ingredients in recognized therapeutic amounts;
(6)Not more than 300 milligrams of 
ethylmorphine, or any of its salts, per 100 milliliters or not 
more than 15 milligrams per dosage unit, with 1 or more 
ingredients in recognized therapeutic amounts;
(7)Not more than 500 milligrams of opium per 
100 milliliters or per 100 grams or not more than 25 
milligrams per dosage unit with 1 or more active, 
nonnarcotic ingredients in recognized therapeutic amounts; 
and
(8)Not more than 50 milligrams of morphine or 
any of its salts per 100 milliliters or per 100 grams with 1 or 
more active, nonnarcotic ingredients in recognized 
therapeutic amounts.
(f)Anabolic steroids and combinations:
(1)Boldenone;
(2)Chlorotestosterone (4-dihydrotestosterone);
(3)Clostebol;
(4)Dehydrochlormethyltestosterone;
(5)Dihydrotestosterone (4-dihydrotestosterone);
(6)Drostanolone;
(7)Ethylestrenol;

(8) Fluoxymesterone;
(9)Formebulone (formebulone);
(10)Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nandrolone;
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone;
(27) Trenbolone; and
(28)Any salt, ester, or isomer of a drug or 
substance described or listed in this paragraph, if that salt, 
ester, or isomer promotes muscle growth.
(g)Clortermine.
(h)Benzphetamine.
(i)Chlorphentermine.
(j)Phendametrazine.
(k)Ketamine.
(l)The Secretary may except by rule any compound, 
mixture or preparation containing any stimulant or 
depressant substance listed in subsections (b) and (c) from 
the application of all or any part of this chapter if the 
compound, mixture or preparation contains 1 or more active 
medicinal ingredients not having a stimulant or depressant 
effect on the central nervous system and if the admixtures 
are included therein in combinations, quantity, proportion or 
concentration that vitiate the potential for abuse of the 
substances which have a stimulant or depressant effect on 
the central nervous system.
(m)Any anabolic steroid, as listed in subsection (f), 
which is a combination of estrogen and anabolic steroid and 
which is expressly intended for administration to hormone-
deficient women, shall be exempt from the provisions of this 
chapter. If any person prescribes, dispenses or distributes an 
anabolic steroid which is a combination of estrogen and 
anabolic steroid for use by persons who are not hormone-
deficient women, such person shall be considered to have 
prescribed, dispensed or distributed an anabolic steroid 
within the meaning of this chapter. (16 Del. C. 1953, § 4718; 
58 Del. Laws, c. 424, § 1; 67 Del. Laws, c. 201, § 1; 70 Del. 
Laws, c. 81, § 2; 71 Del. Laws, c. 50, § 1; 71 Del. Laws, c. 
295, § 1.)
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, 
Section 107 (31 Del.C. 107)
NOTICE OF WITHDRAWAL OF PROPOSED 
REGULATION
MEDICAID/MEDICAL ASSISTANCE PROGRAMS
Client Cost Sharing for Pharmaceutical Services
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, notice is hereby 
given that the proposed regulations published in Volume 7, 
Number 751, of the December 1, 2003 issue of the Delaware 
Register of Regulations has been withdrawn. 
Summary of Withdrawal
On July 1, 2003, the Division of Social Services (DSS) 
published for public comment a proposal to amend its client 
cost-sharing regulations for pharmacy services. In response 
to that request, comments were submitted that resulted in 
changes being made to the original proposal, primarily to 
add clarifying language regarding collection of copayments. 
Because of the substantive nature of these additional changes 
and publication errors, DSS republished the proposal for 
public comment in the November 2003 and the December 
2003 issues of the Delaware Register pursuant to 29 Del.C.
§§10115 and 10118. DSS is withdrawing its proposed 
regulations published on December 1, 2003 at 7 DE Reg.
751 as of January 1, 2004.

DEPARTMENT OF 
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL GEOLOGISTS
PUBLIC NOTICE
The Board of Professional Geologists will hold a 
hearing pursuant to 24 Del.C. §3606(1) and 29 Del.C. ch. 
101 on Friday, February 6, 2004 at 10:00 a.m. in the Board’s 
Meeting Room, Cannon Building, 861 Silver Lake 
Boulevard, Suite 203, Dover, Delaware. The Board is 
proposing to amend Regulation 6.8.3 of the Board 
Regulations to read:
Peer Review of (12 CEUs) or Peer Reviewed Geologic 
Publications (12 CEUs)
Persons may obtain a copy of the proposed amendment 
at the Board’s address above and/or present their views in 
writing by mailing their views to the Board’s Office at the 
above address. The Board will consider those written 
submittals received prior to the February 6 hearing as well as 
public testimony offered at the hearing.
BOARD OF CLINICAL SOCIAL WORK 
EXAMINERS
PLEASE TAKE NOTICE, pursuant to 29 Del.C.
Chapter 101 and 24 Del.C. §3906(1), the Delaware Board of 
Clinical Social Work Examiners proposes to revise its rules 
and regulations. The proposed revisions clarify the 
definition of “Clinical Social Work” and the requirements 
for acceptable clinical social work experience and 
professional supervision for purposes of licensure.
.A public hearing will be held on the proposed Rules and 
Regulations on Monday, March 15, 2004 at 9:00 a.m. in the 
Second Floor Conference Room A of the Cannon Building, 
861 Silver Lake Boulevard, Dover, Delaware, 19904. The 
Board will receive and consider input in writing from any 
person on the proposed Rules and Regulations. Any written 
comments should be submitted to the Board in care of Karin 
Stone at the above address. The final date to submit written 
comments shall be at the above scheduled public hearing. 
Anyone wishing to obtain a copy of the proposed Rules and 
Regulations or to make comments at the public hearing 
should notify Karin Stone at the above address or by calling 
(302) 744-4534.
This notice will be published in two newspapers of 
general circulation not less than twenty (20) days prior to the 
date of the hearing.
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
PUBLIC NOTICE
The Delaware Harness Racing Commission issues the 
proposed rule amendments pursuant to 3 Del.C. §10005 and 
29 Del.C. §10115. The Commission will accept written 
comments from January 1, 2004 through February 23, 2004. 
The Commission will hold a public hearing on the proposed 
rule amendments on February 25, 2004 at 10:15 a.m. at 
Dover Downs, Dover, DE. Written comments should be 
submitted to John Wayne, Administrator of Racing, 2320 S. 
DuPont Highway, Dover, DE 19901. 
STATE BOARD OF EDUCATION
The State Board of Education will hold its monthly 
meeting on Thursday, January 15, 2003 at 1:00 p.m. in the 
Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND 
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS 
PROTECTION
PUBLIC NOTICE
The Department of Health and Social Services, Division 
of Long Term Care Residents Protection, has prepared 
regulations setting forth requirements for training Paid 
Feeding Assistants in nursing facilities and assisted living 
facilities. The regulations provide for general requirements 
for Paid Feeding Assistant programs as well as specific 
curriculum requirements and competencies to be 
demonstrated by Paid Feeding Assistants.
These regulations supplement the federal final rule on 
Requirements for Paid Feeding Assistants in Long Term 
Care Facilities published by the Centers for Medicare and 
Medicaid in the Federal Register on September 26, 2003. 
Upon adoption of these regulations, both the federal and 
state regulations pertaining to Paid Feeding Assistants will 
become effective in Delaware. 

Invitation For Public Comment
Public hearings will be held as follows:
Tuesday, February 3, 2004, 10:00 AM
Department of Natural Resources and
Environmental Control Auditorium
89 Kings Highway
Dover
Wednesday, February 4, 2004, 9:00 AM
Room 301, Main Building
Herman Holloway Campus
1901 N. DuPont Highway
New Castle
For clarification or directions, please call Gina 
Loughery at 302-577-6661.
Written comments are also invited on these proposed 
regulations and should be sent to the following address:
Robert Smith
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion 
of the February 4 public hearing.
DIVISION OF SOCIAL SERVICES
Public Notice
In compliance with the State's Administrative 
Procedures Act (APA - Title 29, Chapter 101 of the 
Delaware Code) and under the authority of Title 31 of the 
Delaware Code, Chapter 5, Section 107, Delaware Health 
and Social Services (DHSS) / Division of Social Services is 
proposing to amend the Division of Social Services Manual 
(DSSM) as it relates to the Temporary Assistance for Needy 
Families (TANF) program. 
Any person who wishes to make written suggestions, 
compilations of data, testimony, briefs or other written 
materials concerning the proposed new regulations must 
submit same to Sharon L. Summers, Policy and Program 
Implementation Unit, Division of Social Services, P.O. Box 
906, New Castle, Delaware by January 31, 2004.
The action concerning the determination of whether to 
adopt the proposed regulation will be based upon the results 
of Department and Division staff analysis and the 
consideration of the comments and written materials filed by 
other interested persons.
DIVISION OF SOCIAL SERVICES
Public Notice
In compliance with the State's Administrative 
Procedures Act (APA - Title 29, Chapter 101 of the 
Delaware Code) and under the authority of Title 31 of the 
Delaware Code, Chapter 5, Section 107, Delaware Health 
and Social Services (DHSS) / Division of Social Services is 
proposing to amend the Temporary Assistance to Needy 
Families (TANF) State Plan as it relates to services to move 
families to work.
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 and Program 
Implementation Unit, Division of Social Services, P.O. Box 
906, New Castle, Delaware by January 31, 2004.
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 LABOR
OFFICE OF LABOR LAW ENFORCEMENT
Public Notice
Pursuant to the Department of Labor’s authority to 
promulgate regulations effecting Title 19, Chapter 11, under 
the Wage Payment and Collection Act at 19 Del. C. §§ 105, 
114 and, in accordance with the procedures set forth in Title 
29 Subchapter II, Agency Regulations at 29 Del. C. § 10115, 
the public and interested parties are herein given NOTICE of 
the Department of Labor’s intent to consider whether 
PAYROLL DEBIT CARDS as a form of wage payment 
depicts suitable arrangements for cashing checks or 
voluntary programs for credit to employees’ bank accounts 
under the WAGE PAYMENT and COLLECTION ACT. 
Interested parties may submit written comments to the 
Department of Labor before January 26, 2004 at the address 
below or present views at public hearings which will be held 
on January 23, 2004 in New Castle County and on January 
26, 2004 in Kent County at the locations below.
The Department of Labor has received inquiries from 
Delaware employers regarding the use of payroll debit cards 
for wage payment in lieu of checks or deposits to employee’s 
bank accounts. The Wage Payment and Collection Act 
recognizes wage payment in the form of checks – 
conveniently cashed without cost to the employee or credit 
to employees’ bank accounts. Employers suggest that 

payroll debit cards benefit employees because the process 
provides a safe and convenient form of payment without 
offending the Act. The process offers employers a less 
expensive form of payment than written checks issued to 
employees and gives employees more flexibility in cashing 
the wage payment.
In order to consider the issue of whether payroll debit 
cards are an acceptable and beneficial form of wage payment 
under the Act, the Department of Labor invites the public, 
interested parties, employers and employees to provide their 
views in writing or by attending a public hearing. Interested 
parties may provide written comments by methods described 
below.
1.submit written comments to the Director of 
Industrial Affairs James G. Cagle, Jr. at the Department of 
Labor, 4425 North Market Street, Wilmington, Delaware 
19802 before January 26, 2004; and/or
2.express their views at a public hearing which 
will be held on January 23, 2004 at the Department of Labor 
Annex, 19 Lea Boulevard, Wilmington Delaware 19802 at 
9:00 a.m.
3.express their views at a public hearing which 
will be held on January 26, 2004 at the Department of Health 
& Social Services Office, 18 N. Walnut Street, Milford, 
Delaware 19963 at 9:00 a.m.
DEPARTMENT OF NATURAL 
RESOURCES AND 
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
PublicNotice
Title Of The Regulations:
Amendments To Delaware Phase II Attainment 
Demonstration For The Philadelphia-wilmington-trenton 
Ozone Non-attainment Area, Including A Revision of the 
Mid-Course Review Schedule. 
Brief Synopsis Of The Subject, Substance And Issues:
The Clean Air Act Amendments of 1990 (CAAA) 
require Delaware to submit to the U.S. Environmental 
Protection Agency (EPA) a SIP revision to demonstrate its 
capability of attaining the 1-hour National Ambient Air 
Quality Standard (NAAQS) for the ground-level ozone in 
Kent and New Castle Counties in 2005. This SIP revision, 
termed the Phase II Attainment Demonstration, was initially 
submitted to the EPA in May 1998, and amended in October 
1998, January 2000, December 2000, October 2001, and 
June 2003. 
As a condition of approval of the Phase II Attainment 
Demonstration SIP of each state in the Philadelphia-
Wilmington-Trenton non-attainment area, EPA required that 
a Mid-Course Review (MCR) be conducted. Pursuant to this 
EPA requirement, Delaware committed in its January 2000 
SIP revision to perform a MCR by December 31, 2003. 
Following this, the U.S. Court of Appeals for D.C. Circuit 
delayed the implementation of the EPA NOx Transport SIP 
Call from 2003 to 2004. Because the NOx Transport SIP 
Call is a significant part of the overall 1-hour ozone 
attainment strategy, EPA allowed states to revise their MCR 
due date to a date after 5/31/2004. 
The purpose of the action proposed herein is to amend 
the Phase II Attainment Demonstration to revise Delaware's 
MCR date to December 31, 2004. 
Notice Of Public Comment:
A public hearing will be held on January 28, 2004 
beginning at 6:00 PM in the Richardson and Robbins 
Auditorium, 89 Kings Highway, Dover, Delaware.
Prepared By:
Frank F. Gao, Project Leader, (302) 323-4542
December 8, 2003
DIVISION OF FISH AND WILDLIFE
PUBLIC NOTICE
Title Of The Regulations:
Tidal Finfish Regulation 3503 Striped Bass Recreational 
Fishing Season; Methods of Take: Creel Limit; Possession 
Limit (Formerly Tidal Finfish Regulation 6), and Tidal 
Finfish Regulation 3504 - Striped Bass Possession Size 
Limit; Exceptions (Formerly Tidal Finfish Regulation 7).
Brief Synopsis Of The Subject, Substance And Issues:
To comply with the recreational size limits, daily creel 
or bag limits and seasons included in Amendment #6 to the 
Interstate Fishery Management Plan for Striped Bass as 
adopted by the Atlantic States Marine Fisheries Commission 
on February 24, 2003, Delaware must adopt regulations 
conservationally equivalent to the following:
Establish a new minimum size limit of 28 inches total 
length, and a two fish daily possession limit for 
recreationally caught striped bass and establish a new 
minimum size limit for striped bass caught for 
commercial purposes in the Atlantic Ocean and the 
Inland Bays of 28 inches. Within the Delaware River 
and Bay and the Nanticoke River and its tributaries, the 
commercial size limit shall remain 20 inches total length 
for the spring gill net fishery, but for any subsequent gill 

net fishery conducted in the fall of the year, the 
minimum size shall be 28 inches. Other wording 
changes will clarify existing regulations concerning the 
daily possession limit for recreationally-caught striped 
bass.
Notice Of Public Comment:
Individuals may present their opinions and evidence 
and/or request additional information by contacting the 
Fisheries Section, Division of Fish and Wildlife, 89 Kings 
Highway, Dover, Delaware 19901, (302)739-3441. A public 
hearing on this proposed amendment will be held at the 
Department of Natural Resources and Environmental 
Control Auditorium 89 Kings Highway, Dover DE at 7:30 
PM on Thursday January 29, 2004. The record will remain 
open for written comments until 4:30 PM on February 2, 
2004.
DEPARTMENT OF SERVICES FOR 
CHILDREN, YOUTH AND THEIR 
FAMILIES
DIVISION OF FAMILY SERVICES
OFFICE OF CHILD CARE LICENSING
PUBLIC NOTICE
PLEASE TAKE NOTICE, pursuant to 31 Del.C.
Chapter 3, Subchapter II, Subsections 341-345, and 29 
Del.C. Chapter 90, Subsection 9003 (7), Delaware’s Office 
of Child Care Licensing is proposing to revise the Delacare: 
Requirements For Day Care Centers that were previously 
adopted in 1988. A task force consisting primarily of early 
care and education and school-age care program directors 
along with Licensing Specialists and those whose interests 
could be affected by the rule changes reviewed the proposed 
revisions and reached consensus on each rule. These 
proposed revisions represents the task force’s and the Office 
of Child Care Licensing’s efforts to improve standards based 
on what we have learned through research and experience 
since last revising this set of rules. Over the years, we have 
become increasingly aware of what children really need 
from early care and education and school-age care 
experiences to optimally develop, stay safe and healthy, and 
learn in order to be ready for and succeed in school.
Written comments on the rule changes will be accepted 
until March 5, 2004 and should be addressed to the Office of 
Child Care Licensing, 1825 Faulkland Road, 
Wilmington, DE 19805, Attention: Lynn Jezyk, Rule 
Development Manager. Comments will also be heard at 
public hearings scheduled as follows:
Public Hearing Schedule
•Tuesday, February 17, 2004, beginning at 7:00PM, at 
Del Tech, Wilmington Campus, Conference Rooms A & 
B, Southeast Building, Orange Street.
•Wednesday, February 18, 2004, beginning at 7:00PM, at 
Del Tech, Stanton Campus, Conference Room A – 114/
116, Main Building, 1st Floor
•Wednesday, February 25, 2004, beginning at 7:00PM, at 
Del Tech, Georgetown Campus, Lecture Hall, William 
A. Carter Partnership Center
•Thursday, February 26, 2004, beginning at 7:00PM, at 
Del Tech, Dover Campus, Downes Lecture Hall, Terry 
Building
(For information on cancellations of the Public Hearings due 
to inclement weather, please check the Office of Child Care 
Licensing website, http://www.state.de.us/kids/occl.htm or 
call the Office of Child Care Licensing in Wilmington, 892-
5800 or in Dover, 739-5487 or listen to your local radio 
station.)

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