Delaware Register
of
Regulations
Issue Date: May 1, 2003
Volume 6 Issue 11 - Pages 1389 - 1526
IN THIS ISSUE:
Regulations:
Errata
Proposed
Final
Governor
Executive Orders
Attorney General
Opinions
General Notices
Calendar of Events &
Hearing Notices

Pursuant 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 April 15, 2003.
INFORMATION ABOUT THE DELAWARE
1390 REGISTER OF REGULATIONS
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amended or repealed and any emergency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. 279 - 280 (09/01/02)
Refers to Volume 6, pages 279 - 280 of the
Delaware Register issued on September 1, 2002.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues)
for the Delaware Register of Regulations is
$135.00. Single copies are available at a cost of
$12.00 per issue, including postage. For more
information contact the Division of Research at
302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE
REGULATORY PROCESS
Delaware citizens and other interested parties
may participate in the process by which
administrative regulations are adopted, amended
or repealed, and may initiate the process by which
the validity and applicability of regulations is
determined.
Under 29 Del.C. §10115 whenever an
agency proposes to formulate, adopt, amend or
repeal a regulation, it shall file notice and full text
of such proposals, together with copies of the
existing regulation being adopted, amended or
repealed, with the Registrar for publication in the
Register of Regulations pursuant to §1134 of this
title. The notice shall describe the nature of the
proceedings including a brief synopsis of the
subject, substance, issues, possible terms of the
agency action, a reference to the legal authority of
the agency to act, and reference to any other
regulations that may be impacted or affected by
the proposal, and shall state the manner in which
persons may present their views; if in writing, of
the place to which and the final date by which such
views may be submitted; or if at a public hearing,
the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not
be scheduled less than 20 days following
publication of notice of the proposal in the
Register of Regulations. If a public hearing will
be held on the proposal, notice of the time, date,
place and a summary of the nature of the proposal
shall also be published in at least 2 Delaware
newspapers of general circulation. The notice
shall also be mailed to all persons who have made
timely written requests of the agency for advance
notice of its regulation-making proceedings.
The opportunity for public comment shall be
held open for a minimum of 30 days after the
proposal is published in the Register of
Regulations. At the conclusion of all hearings and
after receipt, within the time allowed, of all written
materials, upon all the testimonial and written
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
INFORMATION ABOUT THE DELAWARE 1391
REGISTER OF REGULATIONS
evidence and information submitted, together with unless a complaint therefor is filed in the Court
summaries of the evidence and information by within 30 days of the day the agency order with
subordinates, the agency shall determine whether respect to the regulation was published in the
a regulation should be adopted, amended or Register of Regulations.
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 CLOSING DATES AND ISSUE DATES procedure is being adopted or amended; (3) A
decision to adopt, amend or repeal a regulation or FOR THE DELAWARE REGISTER
to take no action and the decision shall be OF REGULATIONS
supported by its findings on the evidence and
information received; (4) The exact text and ISSUE CLOSING CLOSING
citation of such regulation adopted, amended or DATE DATE TIME
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; JUNE 1 MAY 15 4:30 P.M.
and (7) The signature of at least a quorum of the
agency members. JULY 1 JUNE 15 4:30 P.M.
The effective date of an order which adopts, AUGUST 1 JULY 15 4:30 P.M.
amends or repeals a regulation shall be not less
than 10 days from the date the order adopting, SEPTEMBER 1 AUGUST 15 4:30 P.M.
amending or repealing a regulation has been published
in its final form in the Register of Regula- OCTOBER 1 SEPTEMBER 15 4:30 P.M.
tions, unless such adoption, amendment or repeal
qualifies as an emergency under §10119.
DIVISION OF RESEARCH STAFF:
Any person aggrieved by and claiming the
unlawfulness of any regulation may bring an Walter G. Feindt, Deputy Director; Judi
action in the Court for declaratory relief. Abbott, Secretary; Sandra F. Clark,
Administrative Assistant; Jeffrey W. Hague,
No action of an agency with respect to the Registrar of Regulations; Ruth Ann Melson,
making or consideration of a proposed adoption, Legislative Librarian; Deborah J. Messina, Print
amendment or repeal of a regulation shall be sub- Shop Supervisor; Kathleen Morris, Operations
ject to review until final agency action on the pro- Support Specialist; Alex W. Mull, Assistant
posal has been taken. Registrar of Regulations; Deborah A. Porter,
Interim Supervisor; Lisa Schieffert, Research
When any regulation is the subject of an Analyst; Victoria Schultes, Administrative
enforcement action in the Court, the lawfulness of Assistant; Ted Segletes, Paralegal; Don Sellers,
such regulation may be reviewed by the Court as a Printer; Alice W. Stark, Legislative Attorney;
defense in the action. Marvin L. Stayton, Printer; Rochelle Yerkes,
Senior Secretary.
Except as provided in the preceding section,
no judicial review of a regulation is available
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1392 TABLE OF CONTENTS
Cumulative Tables................................................. ....... 1394 DEPARTMENT OF HEALTH & SOCIAL SERVICES
ERRATA
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Amendments To Delaware 2005 Rate-of-progress
Plan, And Amendments To Delaware Phase II
Attainment Demonstration, and Toward
Attainment Of The 1-hour National Ambient
Air Quality Standard (Naaqs) For The
Ground-level Ozone In Kent And New
Castle Counties. ............................................ ....... 1402
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
2500 Board of Pharmacy, Rules and Regulations ....... 1413
DEPARTMENT OF AGRICULTURE
THOROUGHBRED RACING COMMISSION
Thoroughbred Racing Commission, Rules 1.28 Meeting,
3.02 Appointment of Stewards, 19.01 Procedure
Before Stewards ............................................ ....... 1419
DEPARTMENT OF EDUCATION
101 Delaware Student Testing Program............... ....... 1427
103 School Accountability for Academic
Performance................................................... ....... 1433
104 Education Profiles for the Schools, Districts and
the State......................................................... ....... 1441
605 Student Rights and Responsibilities.............. ....... 1443
608 Unsafe School Choice Option for Students in
Persistently Dangerous Schools and for Students
Who Have Been Victims of a Violent Felony ..... 1444
811 School Health Record Keeping Requirements, 815
Physical Examinations and Screening, 817 Administration of
Medications and Treatments................................. ....... 1445
PROFESSIONAL STANDARDS BOARD
393 Delaware Professional Teaching Standards... ....... 1452
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Regulations Governing the Adult Abuse Registry ...... 1459
DIVISION OF SOCIAL SERVICES
DSSM 5100 Legal Base......................................... ...... 1462
DSSM 5304 Jurisdiction........................................ ...... 1462
DSSM 5312 Responses to Hearing Requests ....... ...... 1462
DSSM 5402 Hearings on Decisions .................... ...... 1462
DSSM 5403 Availability of Documents and Records. 1462
DSSM 5405 Fair Hearing Procedures................... ...... 1462
DEPARTMENT OF INSURANCE
Regulation 1310, Standards For Prompt, Fair And
Equitable Settlement Of Claims For Health Care
Services.......................................................... ...... 1465
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Reporting Of A Discharge Of A Pollutant Or An Air
Contaminant .......................................................... ...... 1467
DIVISION OF FISH AND WILDLIFE
Tidal Finfish Regulation No. 29, License Lotteries For
Apprentices and Shellfish Regulation S-75........... ...... 1493
FINAL
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annual Prequalification of Contractors & Subcontractors,
Regulations for....................................................... ...... 1494
DIVISION OF PROFESSIONAL REGULATION
1400 Board of Electrical Examiners...................... ...... 1495
2500 Board of Pharmacy....................................... ...... 1495
DEPARTMENT OF AGRICULTURE
Standardbred Breeder's Fund Regulations............ ...... 1497
DEPARTMENT OF EDUCATION
830 Students with HIV Infection........................... ...... 1503
877 Smoking Regulation....................................... ...... 1504
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
.
TABLE OF CONTENTS 1393
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Training & Qualifications for Nursing Assistants
& Certified Nursing Assistants...................... ....... 1505
DIVISION OF SOCIAL SERVICES
15120.2, Financial Eligibility................................ ....... 1506
15200, Initial Eligibility for First Six Months....... ....... 1506
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations......................... ....... 1509
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF FISH & WILDLIFE
Tidal Finfish Reg. No. 7, Striped Bass Possession
Size Limit; Exceptions................................... ....... 1512
Tidal Finfish Regulation 10. Weakfish Size Limits;
Possession Limits; Seasons ........................... ....... 1512
DIVISION OF WATER RESOURCES
Amendments to the Delaware Regulations Governing
the Control of Water Pollution....................... ....... 1514
GOVERNOR
Executive Order No. 40, Continuing and Reorganizing
the Interagency Council on Adult Literacy.... ....... 1517
Executive Order No. 41, Revised Reallocation of State
Private Activity Bond Volume Cap for Calendar Year 2002
and Initial Suballocation of State Private Activity Bond
Volume Cap for Calendar Year 2003.................... ....... 1518
Executive Order No. 42, Task Force on Financial Options for
the City of Wilmington......................................... ....... 1519
Executive Order No. 43, Authorizing the Establishment
of a Special Fund to Assist Delaware Reservists
Ordered to Active Duty for any Mobilization of any
Duration who have Suffered Serious Financial
Harm as a Result of Mobilization.................. ....... 1520
ATTORNEY GENERAL
Opinions................................................................ ...... 1521
GENERAL NOTICE
DEPARTMENT OF INSURANCE
Continuing Education Waiver for Active Duty
Personnel........................................................ ...... 1522
CALENDAR OF EVENTS/HEARING
NOTICES
Board of Pharmacy, Notice of Public Hearing ..... ...... 1523
Thoroughbred Racing Commission, Notice of Public
Hearing .......................................................... ...... 1523
State Board of Education, Notice of
Monthly Meeting............................................ ...... 1523
DHSS, Div. of Long Term Care Residents Protection,
Regulations Governing the Adult Abuse Registry,
Notice of Public Hearing................................ ...... 1523
Div. of Social Services, Fair Hearing Practices and
Procedures, Notice of Public Comment Period .... 1524
Dept. of Insurance, Regulation 1310, Standards For
Prompt, Fair And Equitable Settlement Of Claims For
Health Care Services, Notice of Public Hearing .. 1524
Div. of Air & Waste Management, Reporting Of A
Discharge Of A Pollutant Or An Air Contaminant,
Notice of Public Comment............................. ...... 1524
Div. of Fish & Wildlife, Tidal Finfish Regulation No. 29,
License Lotteries For Apprentices and Shellfish
Regulation S-75, Notice of Public Hearing.... ...... 1525
DRBC, Notice of Public Hearing.......................... ...... 1525
DRBC, Notice of Meeting .................................... ...... 1526
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
s
1394 CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, amended or repealed
in the preceding issues of the current volume of the Delaware Register of Regulations.
The regulations are listed alphabetically by the promulgating agency, followed by a citation to that
issue of the Register in which the regulation was published. Proposed regulations are designated with
(Prop.); Final regulations are designated with (Final); Emergency regulations are designated with
(Emer.); and regulations that have been repealed are designated with (Rep.).
DELAWARE COUNCIL ON POLICE TRAINING
Reg. II-16, Emergency Care & CPR Training............................................................................... 6 DE Reg. 722 (Prop.)
6 DE Reg. 949 (Final)
DELAWARE FIRE PREVENTION COMMISSION
Sec. XVII, Ambulance Company's Intent to Discontinue Service & Sec. XVII, Basic Life
Support Data Assessment Committee..................................................................................... 6 DE Reg. 87 (Final)
Revisions to the 1997 Edition of the Delaware State Fire Prevention Regulations....................... 6 DE Reg. 1264 (Prop.)
DELAWARE RIVER BASIN COMMISSION
Proposed Amendments to the Comprehensive Plan and the Water Code Relating to the
Operation of LakeWallenpaupack During DroughtWatch, Drought Warning and
Drought Conditions................................................................................................................. 6 DE Reg. 476 (Prop.)
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES MANAGEMENT
Regulations for the Annual Prequalification of Contractors & Subcontractors..................... 6 DE Reg. 998 (Prop.)
DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
300 Board of Architects, Rules and Regulation............................................................. 6 DE Reg. 401 (Prop.)
6 DE Reg. 850 (Final)
700 Board of Chiropractic............................................................................................... 6 DE Reg. 270 (Final)
6 DE Reg. 831 (Prop.)
1000 Board of Pilot Commissioners.................................................................................. 6 DE Reg. 231 (Prop.)
6 DE Reg. 635 (Final)
1300 Board of Examiners of Private Investigators & Private Security Agencies............. 6 DE Reg. 124 (Prop.)
6 DE Reg. 637 (Final)
1400 Board of Electrical Examiners 6 DE Reg. 1004 (Prop.)
1800 Board of Plumbing Examiners................................................................................. 6 DE Reg. 571 (Prop.)
6 DE Reg. 861 (Final)
1900 Board of Nursing...................................................................................................... 6 DE Reg. 722 (Prop.)
6 DE Reg. 1195 (Final)
2000 Board of Occupational Therapy, Rules and Regulations.......................................... 6 DE Reg. 270 (Final)
6 DE Reg. 410 (Prop.)
6 DE Reg. 1331(Final)
2500 Board of Pharmacy................................................................................................... 6 DE Reg. 480 (Final)
6 DE Reg. 908 (Prop.)
2600 Board of Physical Therapists,.................................................................................. 6 DE Reg. 410 (Prop.)
2700 Board of Professional Land Surveyors..................................................................... 6 DE Reg. 271 (Final)
2900 Real Estate Commission........................................................................................... 6 DE Reg. 8 (Prop.)
2925 Real Estate Commission, Education Guidelines...................................................... 6 DE Reg. 272 (Final)
6 DE Reg. 516 (Final)
2930 Council on Real Estate Appraisers 6 DE Reg. 1009 (Prop.)
3300 Board ofVeterinary Medicine.................................................................................. 6 DE Reg. 273 (Final)
6 DE Reg. 575 (Prop.)
6 DE Reg. 950 (Final)
3500 Board of Examiners of Psychologists....................................................................... 6 DE Reg. 727 (Prop.)
. 6 DE Reg. 1338 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CUMULATIVE TABLES 1395
3700 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers 6 DE Reg. 912 (Prop.)
6 DE Reg. 1340 (Final)
5300 Board of Massage and Bodywork............................................................................ 6 DE Reg. 1295(Prop.)
Merit Employee Relations Board
Rule 10, Certification.............................................................................................................. 6 DE Reg. 728 (Prop.)
Public Service Commission
Regulations Governing Pay phone Service Providers &
Providers of Operator Services for Pay phones........................................................ 6 DE Reg. 65 (Final)
DEPARTMENT OF AGRICULTURE
Forest Service Regulations.......................................................................................................... 6 DE Reg. 127 (Prop.)
6 DE Reg. 517 (Final)
6 DE Reg. 581 (Prop.)
6 DE Reg. 1201 (Final)
Harness Racing Commission
Rules 6.2.9, 8.3.6, 8.7 and 10.2.7.4......................................................................................... 6 DE Reg. 416 (Prop.)
6 DE Reg. 862 (Final)
Rule 7.0, Sections 7.6.6.3 and 7.3.9 6 DE Reg. 1016 (Prop.)
Rule 8.8, Aminocarproic Acid (Amicar)................................................................................ 6 DE Reg. 919 (Prop.)
6 DE Reg. 1347 (Final)
Standardbred Breeder's Fund Regulations............................................................................. 6 DE Reg. 1026 (Prop.)
Thoroughbred Racing Commission
Rule 13.0, Claiming Races..................................................................................................... 6 DE Reg. 729 (Prop.)
Rule 13.1, Owners Entitled..................................................................................................... 6 DE Reg. 1205 (Final)
Rule 13.6, Claiming Privileges, Eliminated Stable................................................................ 6 DE Reg. 1208 (Final)
Rule 15.0, Medication, Testing Procedures............................................................................ 6 DE Reg. 233 (Prop.)
6 DE Reg. 641 (Final)
Rule 15.0, Medication, Shock Wave Therapy........................................................................ 6 DE Reg. 585 (Prop.)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
275 Charter Schools....................................................................................................................... 6 DE Reg. 13 (Prop.)
6 DE Reg. 273 (Final)
401 Major Capital Improvement Programs................................................................................... 6 DE Reg. 1296(Prop.)
405 Minor Capital Improvement Programs................................................................................... 6 DE Reg. 1299 (Prop.)
410 Satellite School Agreements................................................................................................... 6 DE Reg. 920 (Prop.)
6 DE Reg. 1348 (Final)
525 Requirements for Vocational-Technical Education Programs................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
530 Cooperative Education............................................................................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
535 Diversified Occupations Programs......................................................................................... 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
540 Driver Education..................................................................................................................... 6 DE Reg. 133 (Prop.)
6 DE Reg. 432 (Prop.)
6 DE Reg. 773 (Final)
601 School/Police Relations.......................................................................................................... 6 DE Reg. 434 (Prop.)
6 DE Reg. 775 (Final)
701 Unit Cou 6 DE Reg. 74 (Final)
707 Salary Continuation: Operation Noble Eagle & Enduring Freedom...................................... 6 DE Reg. 398(Emer.)
6 DE Reg. 436 (Prop.)
6 DE Reg. 777 (Final)
729 School Custodians................................................................................................................... 6 DE Reg. 921 (Prop.)
6 DE Reg. 1349 (Final)
830 Students with HIV Infection................................................................................................... 6 DE Reg. 1032 (Prop.)
831 Extended Illness...................................................................................................................... 6 DE Reg. 1301 (Prop.)
877 Smoking . 6 DE Reg. 1032 (Prop.)
1001 Participation in Extra-Curricular Activities.. ...... ............................................................... 6 DE Reg. 18 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1396 CUMULATIVE TABLES
1001 Participation in Extra-Curricular Activities.. ...... ............................................................... 6 DE Reg. 279 (Final)
1005 Membership in Fraternities and Sororities............................................................................ 6 DE Reg. 255 (Prop.)
6 DE Reg. 643 (Final)
1025 Delaware Interscholastic Athletic Association..................................................................... 6 DE Reg. 280 (Final)
1049 DIAA Definitions.................................................................................................................. 6 DE Reg. 282 (Final)
1050 DIAA Sportsmanship............................................................................................................ 6 DE Reg. 284 (Final)
1051 DIAA Senior High School Interscholastic Athletics............................................................ 6 DE Reg. 6 (Errata)
6 DE Reg. 288 (Final)
6 DE Reg. 1301 (Prop.)
1052 DIAA Junior High/Middle School Interscholastic Athletics 6 DE Reg. 304 (Final)
6 DE Reg. 1301 (Prop.)
1053 DIAA Waiver Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1054 DIAA Investigative Procedure.............................................................................................. 6 DE Reg. 282 (Final)
1055 DIAA Appeal Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1056 Recognition of Officials' Association.................................................................................. 6 DE Reg. 282 (Final)
1102 Standards for School Bus Chassis & Bodies......................................................................... 6 DE Reg. 923 (Prop.)
6 DE Reg. 1351 (Final)
1105 School Transportation........................................................................................................... 6 DE Reg. 256 (Prop.)
6 DE Reg. 643 (Final)
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of Professional Public School Personnel.................... 6 DE Reg. 235 (Prop.)
6 DE Reg. 1033 (Prop.)
302, 304, 311, 312, 313, 314, 1535, 1536, 1538, Amendment of Certification Regulations........ 6 DE Reg. 734 (Prop.)
1502 Delaware Performance Appraisal System for Teachers........................................................ 6 DE Reg. 1066 (Prop.)
1503 Delaware Performance Appraisal System for Specialists..................................................... 6 DE Reg. 1066 (Prop.)
1504 Delaware Performance Appraisal System for Administrators.............................................. 6 DE Reg. 1066 (Prop.)
1510 Issuance of Initial License..................................................................................................... 6 DE Reg. 251 (Prop.)
1511 Issuance & Renewal of Continuing License........................................................................ 6 DE Reg. 135 (Prop.)
6 DE Reg. 518 (Final)
1512 Issuance & Renewal of Advanced License........................................................................... 6 DE Reg. 77 (Final)
1513 Denial of Licenses................................................................................................................. 6 DE Reg. 253 (Prop.)
1514 Revocation of Licenses......................................................................................................... 6 DE Reg. 254 (Prop.
1517 Certification Career & Technical Specialist.......................................................................... 6 DE Reg. 140 (Prop.)
6 DE Reg. 523 (Final)
1535 Certification Administrative - Administrative Assistant 6 DE Reg. 1058 (Prop.)
1536 Certification Administrative - Director 6 DE Reg. 1058 (Prop.)
1538 Certification Administrative - Supervisor 6 DE Reg. 1058 (Prop.)
1540 Certification Science Teacher............................................................................................... 6 DE Reg. 19 (Prop.)
6 DE Reg. 319 (Final)
1541 Limited Standard Certificate for Middle Level Mathematics and Science and
Secondary Science, Certificate for Middle Level Science...................................................... 6 DE Reg. 21 (Prop.)
6 DE Reg. 321 (Final)
1594 Delaware Administrator Standards............... ...... .......................................................... 6 DE Reg. 22 (Prop.)
6 DE Reg. 322 (Final)
DEPARTMENT OF FINANCE
DIVISION OF REVENUE
Realty Transfer Tax - Transfer To and From an Exchange Accommodation Titleholder
Under Internal Revenue Service, Rev. Proc. 2000-37..................................................... 6 DE Reg. 1353 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Assisted Living Facilities, Regulations for............................................................................. 6 DE Reg. 525 (Final)
Criminal History Checks & Drug Testing for Home Health Agencies, Regulations for........ 6 DE Reg. 585 (Prop.)
6 DE Reg. 835 (Prop.)
6 DE Reg. 880 (Final)
6 DE Reg. 1208 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CUMULATIVE TABLES 1397
Group Homes for Persons with Mental Illness, Regulations Pertaining to............................
Nursing Homes Admitting Pediatric Residents, Regulations for...........................................
Regulations for Assisted Living Facilities..............................................................................
Training & Qualifications for Nursing Assistants & Certified Nursing Assistants................
DIVISION OF PUBLIC HEALTH
Birth Defect Surveillance & Registry Program Regulations..................................................
Cancer Registry Regulations..................................................................................................
Clean Indoor Air Act Regulations..........................................................................................
Delaware Radiation Control Regulations.............. ...... ...................................................
EMS Pre-Hospital Advanced Care Directive Regulations.....................................................
Production & Sale of Milk & Milk Products..........................................................................
Production & Sale of Milk & Milk Products..........................................................................
Public Drinking Water Systems, Regulations Governing.......................................................
Public Pools, Regulations Governing.....................................................................................
Regulations for Adult Day Care Facilities..............................................................................
Regulation for the Certification of RadiationTechnologists/Technicians..............................
DIVISION OF SOCIAL SERVICES
DSSM
3002 Time Limit, Temporary Welfare Program...................................................................
3002.5, Assessment Prior to Termination of Benefits............................................................
3008 & 3012 Dependent Children..........................................................................................
6 DE Reg. 266 (Prop.)
6 DE Reg. 323 (Final)
6 DE Reg. 654 (Final)
6 DE Reg. 79 (Final)
6 DE Reg. 141 (Prop.)
6 DE Reg. 925 (Prop.)
6 DE Reg. 741 (Prop.)
6 DE Reg. 1211 (Final)
6 DE Reg. 744 (Prop.
6 DE Reg. 958 (Final)
6 DE Reg. 267 (Prop.)
6 DE Reg. 655 (Final)
6 DE Reg. 837 (Prop.)
6 DE Reg. 1216 (Final)
6 DE Reg. 98 (Final)
6 DE Reg. 588 (Prop.)
6 DE Reg. 840 (Prop.)
6 DE Reg. 1220 (Final)
6 DE Reg. 1140 (Prop.)
6 DE Reg. 1142 (Prop.)
6 DE Reg. 83 (Final)
6 DE Reg. 99 (Final)
6 DE Reg. 155 (Prop.)
6 DE Reg. 528 (Final)
6 DE Reg. 841 (Prop.)
6 DE Reg. 1221 (Final)
6 DE Reg. 337 (Final)
3024, Citizens and Aliens....................................................................................................... 6 DE Reg. 841 (Prop.)
6103, E
9007.1 Citizenship and Alien Status......................................................................................
9045 Maximum Allowable Resources..................................................................................
9046, 9048, 9049 & 9051, Noncitizen Eligibility and Certification.......................................
9060 Income Deductions.......................................................................................................
9085 Reporting Changes........................................................................................................
14600 Third-Party Liability...................................................................................................
14900 Enrollment in Managed Care......................................................................................
15160.1 Eligibility Determination.........................................................................................
15120.2 Financial Eligibility.................................................................................................
15200 Transitional Medicaid....................................... ...... ............................................
15503 Screening Requirement...............................................................................................
15505 Uninsured Requirement..............................................................................................
16110 Adult Expansion Population.......................................................................................
16210 Limitations on Retroactive Coverage.........................................................................
6 DE Reg. 1221 (Final)
6 DE Reg. 592 (Prop.)
6 DE Reg. 884 (Final)
6 DE Reg. 156 (Prop.)
6 DE Reg. 530 (Final)
6 DE Reg. 843 (Prop.)
6 DE Reg. 1224 (Final)
6 DE Reg. 158 (Prop.)
6 DE Reg. 531 (Final)
6 DE Reg. 339 (Final)
6 DE Reg. 439 (Prop.)
6 DE Reg. 780 (Final)
6 DE Reg. 441 (Prop.)
6 DE Reg. 780 (Final)
6 DE Reg. 158 (Prop.)
6 DE Reg. 532 (Final)
6 DE Reg. 533 (Final)
6 DE Reg. 534 (Final)
6 DE Reg. 1166 (Prop.)
6 DE Reg. 29 (Prop.)
6 DE Reg. 344 (Final)
6 DE Reg. 1166 (Prop.)
6 DE Reg. 534 (Final)
6 DE Reg. 535 (Final)
6 DE Reg. 535 (Final)
6 DE Reg. 535 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1398 CUMULATIVE TABLES
16220.5 Enrollment in Managed Care-Special Requirement for Adult Expansion
Po 6 DE Reg. 535 (Final)
16310.3 Adults....................................................................................................................... 6 DE Reg. 536 (Final)
16500.2 Procedures for Determining Eligibility.................................................................... 6 DE Reg. 536 (Final)
17500, 17520, 17550, Qualifying Individuals........................................................................ 6 DE Reg. 845 (Prop.)
6 DE Reg. 1226 (Final)
18200.2 Uninsured Requirement........................................................................................... 6 DE Reg. 536 (Final)
20210.7.1, 20620.1, 20995.1, Veterans' Pension Payments, Personal Needs Allowance...... 6 DE Reg. 846 (Prop.)
6 DE Reg. 1226 (Final)
20910.5, Excess Shelter Allowance........................................................................................ 6 DE Reg. 846 (Prop.)
6 DE Reg. 1226 (Final)
25000 Children's Community Alternative Disability Program (CCADP)............................ 6 DE Reg. 536 (Prop.)
Delaware State Plan for TANF............................................................................................... 6 DE Reg. 525 (Final)
6 DE Reg. 442 (Prop.)
6 DE Reg. 781 (Final)
Regulation #02-50, Nursing Home Patient Health Care Assessments 6 DE Reg. 720 (Emer)
Title XIX Medicaid State Plan................................................................................................ 6 DE Reg. 718 (Emer)
6 DE Reg. 778 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-B pp. 14 & 14a......................................... 6 DE Reg. 746 (Prop.)
6 DE Reg. 961 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-D, p. 4....................................................... 6 DE Reg. 748 (Prop.)
6 DE Reg. 964 (Final)
Title XIX Medicaid State Plan, Inpatient Hospital Care Reimbursement Methodology
for Interim Payments....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 885 (Final)
Title XIX Medicaid State Plan, Transportation as an Administrative Expense...................... 6 DE Reg. 335 (Final)
6 DE Reg. 437 (Prop.)
6 DE Reg. 570 (Errata)
Title XXI Delaware Healthy Children Program State Plan Sections 3.1, 6.2.10 and 6.2.11.. 6 DE Reg. 906 (Emer.)
6 DE Reg. 935 (Prop.)
6 DE Reg. 1355 (Final)
DEPARTMENT OF INSURANCE
Regulation 905, (Formerly Reg. No. 86) Standards for Safeguarding Customer Information 6 DE Reg. 595 (Prop.)
6 DE Reg. 966 (Final)
Regulation 906, (Formerly Reg. No.87) Use of Credit Information...................................... 6 DE Reg. 597 (Prop.)
6 DE Reg. 1309 (Prop.)
Regulation 1310, (Formerly Reg. No. 80) Standards for Prompt, Fair & Equitable
Settlement of Claims....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 1169 (Prop.)
Regulation 1501, (Formerly Reg. No. 41) Medicare Supplement Insurance
Minimum Standards........................................................................................................ 6 DE Reg. 437 (Prop.)
. 6 DE Reg. 800 (Final)
DEPARTMENT OF JUSTICE
DELAWARE SECURITIES ACT
600 Registration of Broker-Dealers....................................................................................... 6 DE Reg. 461 (Prop.)
6 DE Reg. 1314 (Prop.)
601 Registration of Broker-Dealer Agents............................................................................ 6 DE Reg. 461 (Prop.)
6 DE Reg. 749 (Prop.)
6 DE Reg. 1314 (Prop.)
608 Registration Exemption for Certain Canadian Broker-Dealers...................................... 6 DE Reg. 463 (Prop.)
6 DE Reg. 608 (Prop.)
6 DE Reg. 1314 (Prop.)
610 Examination Requirement.............................................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
6 DE Reg. 1314 (Prop.)
700 Registration of Investment Advisors.............................................................................. 6 DE Reg. 467 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CUMULATIVE TABLES 1399
700 Registration of Investment Advisors 6 DE Reg. 755 (Prop.)
6 DE Reg. 1314 (Prop.)
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 602 (Prop.)
6 DE Reg. 1171 (Prop.)
Unemployment Insurance Appeal Board Regulations............................................................ 6 DE Reg. 605 (Prop.)
6 DE Reg. 887 (Final)
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR & WASTE MANAGEMENT
Waste Management Section
2002 Amendments to Delaware Regulations Governing Hazardous Waste.................... 6 DE Reg. 106 (Final)
Amendments to Delaware 2005 Rate-of-Progress Plan, And Amendments To
Delaware Phase II Attainment Demonstration, and Toward Attainment of The
1-Hour National Ambient Air Quality Standard (NAAWQS) For The Ground-
Level Ozone In Kent And New Castle Counties...................................................... 6 DE Reg. 1321 (Prop.)
Chronic Violators Regulations......................................................................................... 6 DE Reg. 936 (Prop.)
Delaware 2005 Rate-of-Progress Plan............................................................................. 6 DE Reg. 621 (Prop.)
Delaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton
Ozone Non-attainment area...................................................................................... 6 DE Reg. 628 (Prop.)
Reg. No. 3, Sec. 11, Ambient Air Quality Standards...................................................... 6 DE Reg. 609 (Prop.)
6 DE Reg. 968 (Final)
Reg. No. 24, Section 10, Aerospace Coatings................................................................. 6 DE Reg. 190 (Final)
6 DE Reg. 611 (Prop.)
6 DE Reg. 971 (Final)
Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories,
Subpart B 6 DE Reg. 1174 (Prop.)
Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories,
Subpart RRR 6 DE Reg. 1185 (Prop.)
6028, Reporting of a Discharge of a Pollutant or an Air Contaminant 6 DE Reg. 661 (Final)
DIVISION OF FISH & WILDLIFE
Shellfish Reg. S-63 Oyster Harvesting Seasons..................................................................... 6 DE Reg. 399 (Emer)
Shellfish Regulation Nos. S-63, S-65, S-67, S-69, S-71, S-73 and S-75................................ 6 DE Reg. 940 (Prop.)
6 DE Reg. 1356 (Final)
Tidal Finfish Reg. No. 4, Summer Flounder Size Limits; Possession Limits; Season........... 6 DE Reg. 941 (Prop.)
6 DE Reg. 1358 (Final)
Tidal Finfish Reg. No. 7, Striped Bass Possession Size Limit; Exceptions........................... 6 DE Reg. 1192 (Prop.)
Tidal Finfish Reg. No. 10, Weakfish Size Limits, Possession Limits, Seasons
Tidal Finfish Reg. No. 11, Red Drum Size Limits, Creel Limits........................................... 6 DE Reg. 755 (Prop.)
Tidal Finfish Reg. No. 22, Tautog Size Limit......................................................................... 6 DE Reg. 848 (Prop.)
6 DE Reg. 1360 (Final)
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas.......... 6 DE Reg. 35 (Prop.)
6 DE Reg. 348 (Final)
6 DE Reg. 757 (Prop.)
6 DE Reg. 941 (Prop.)
6 DE Reg. 1360 (Final)
Tidal Finfish Reg. No. 24, Fish Pot Requirements................................................................. 6 DE Reg. 35 (Prop.)
6 DE Reg. 350 (Final)
Tidal Finfish Reg. No. 28, Atlantic Ocean American Shad Season and Closure................... 6 DE Reg. 756 (Prop.)
Wildlife & Non-Tidal Fishing Regulations
WR-2 Method of Take.................................................................................................... 6 DE Reg. 162 (Prop.)
6 DE Reg. 536 (Final)
WR-3 Federal Laws & Regulations Adopted................................................................. 6 DE Reg. 162 (Prop.)
6 DE Reg. 537 (Final)
WR-4 Seasons................................................................................................................. 6 DE Reg. 163 (Prop.)
6 DE Reg. 537 (Final)
WR-7 Deer...................................................................................................................... 6 DE Reg. 163 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1400 CUMULATIVE TABLES
WR-7 Deer 6 DE Reg. 538 (Final)
WR-14 Falconry............................................................................................................. 6 DE Reg. 164 (Prop.)
6 DE Reg. 538 (Final)
WR-15 Collection or Sale of Nongame Wildlife............................................................ 6 DE Reg. 164 (Prop.)
6 DE Reg. 539 (Final)
WR-16 Endangered Species........................................................................................... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
WR-17 Species of Special Concern................................................................................ 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
DIVISION OF WATER RESOURCES
Delaware Regulations Governing the Control of Water Pollution......................................... 6 DE Reg. 474 (Prop.)
Total Maximum Daily Load (TDML) for Nutrients in the Appoquinimink Watershed......... 6 DE Reg. 350 (Final)
Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well
Drillers, Well Drivers, and Pump Installers.............................................................. 6 DE Reg. 165 (Prop.)
6 DE Reg. 801 (Final)
Shellfish Sanitation Regulations............................................................................................. 6 DE Reg. 36 (Prop.)
. 6 DE Reg. 350 (Final)
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HIGHWAY SAFETY
Policy Reg. 92, Standard Operating Procedures for the DUI Evaluation, Education and
Outpatient Treatment Agencies....................................................................................... 6 DE Reg. 758 (Prop.)
6 DE Reg. 1361 (Final)
DIVISION OF STATE POLICE
Nonconsensual Towing Regulations....................................................................................... 6 DE Reg. 206 (Final)
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Child Abuse Registry.............................................................................................................. 6 DE Reg. 765 (Prop.)
DEPARTMENT OF STATE
DIVISION OF HISTORICAL & CULTURAL AFFAIRS
Historic Preservation Tax Credit Program.............................................................................. 6 DE Reg. 108 (Final)
DEPARTMENT OF TRANSPORTATION
Statewide Long Range Transportation Plan................................................................................... 6 DE Reg. 38 (Prop.)
6 DE Reg. 353 (Final)
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Advertising Program................................................................................................... 6 DE Reg. 174 (Prop.)
6 DE Reg. 212 (Final)
6 DE Reg. 683 (Final)
Direct Grants Program............................................................................................................ 6 DE Reg. 176 (Prop.)
6 DE Reg. 685 (Final)
Matching Grants Program....................................................................................................... 6 DE Reg. 178 (Prop.)
6 DE Reg. 688 (Final)
Neighborhood Assistance Act Tax Credit Program Regulation............................................. 6 DE Reg. 630 (Prop.)
6 DE Reg. 943 (Prop.)
\ 6 DE Reg. 1368 (Final)
GOVERNOR'S OFFICE
Appoin 6 DE Reg. 214
6 DE Reg. 540
6 DE Reg. 699
6 DE Reg. 888
6 DE Reg. 982
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CUMULATIVE TABLES 1401
Appoin 6 DE Reg. 1376
Executive Order No. 34, Terminating Drought Emergency................................................... 6 DE Reg. 698
Executive Order No. 35, Recognizing and Reconstituting the Governor's Task Force
on School Libraries.......................................................................................................... 6 DE Reg. 1234
Executive Order No. 36, Reallocation of State Provate Activity Bond Volume Cap for
Calendar Year 2002 and Initial Suballocation of State Provate Activity Bond Volume
Cap for Calendar Year 2003............................................................................................ 6 DE Reg. 1234
Executive Order No. 37, Terminating Drought Warning........................................................ 6 DE Reg. 1235
Executive Order No. 38, Establishing the State of Delaware as a Disaster Resilient State
Through a Comprehensive Mitigation Program Against Natural and Technological
Hazards ........................................................................................................... ....... 6 DE Reg. 1374
Executive Order No. 39, Creating a Task Force on Responsible Management of Facilities
Handling Hazardous Products......................................................................................... 6 DE Reg. 1375
Proclamation of State of Emergency Due to a Severe Winter Storm/Snow........................... 6 DE Reg. 1373
Modification of State of Emergency....................................................................................... 6 DE Reg. 1373
Termination of State of Emergency........................................................................................ 6 DE Reg. 1373
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to Eligibility and Coverage Rules................ 6 DE Reg. 180 (Prop.)
6 DE Reg. 634 (Prop.)
6 DE Reg. 690 (Final)
6 DE Reg. 948 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1402 ERRATA
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del.C. Ch. 60)
NOTICE
1. Title Of The Regulations:
AMENDMENTS TO DELAWARE 2005 RATE-OFPROGRESS
PLAN, And AMENDMENTS TO
DELAWARE PHASE II ATTAINMENT
DEMONSTRATION, Toward Attainment Of The 1-hour
National Ambient Air Quality Standard (Naaqs) For The
Ground-level Ozone In Kent And New Castle Counties.
OF THE SUBJECT,
of 1990 (CAAA)
to the U.S. Environmental
S
SSUES:
t Amendments
ubmit
State Implementation Plan (SIP)
rs after 1996 to demonstrate how
Delaware will achieve adequate rate-of-progress in reducing
emissions of volatile organic compounds (VOC) and oxides
of nitrogen (NOx), which are major precursors that form
ground-level ozone. Delaware's 2005 Rate-of-Progress
Plan, which covers the three-year period from 2003 to 2005,
was submitted to EPA in December 2000. Under the
CAAA, Delaware is also required to develop a SIP revision
to demonstrate its capability of attaining the 1-hour ozone
standard in 2005. This SIP revision, termed as the Phase II
Attainment Demonstration, was amended and submitted to
EPA in January 2000. The purpose of this action is (1) to
amend the 2005 RPP, and (2) to amend the Phase II
Attainment Demonstration, to reflect mobile emission
budgets using the Mobile 6 emission model. No other
changes to the plans are proposed.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
None.
4. STATUTORY BASIS OR LEGAL AUTHORITY
TO ACT:
7 Del. C., Chapter 60, Environmental Control Clean Air
Act Amendments of 1990
5. OTHER REGULATIONS THAT MAY BE
AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
A public hearing will be held on April 30, 2003
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, March
11, 2003
(proposal)
AMENDMENTS TO
Delaware 2005 Rate-of-Progress Plan
FOR KENT AND NEW CASTLE COUNTIES
For Demonstrating Progress toward Attainment of the
National Ambient Air Quality Standard for Ground-
Level Ozone
Submitted To
U.S. Environmental Protection Agency
By
Delaware Department of Natural Resources and
Environmental Control
Dover, Delaware
April 2003
List of Tables
Table 1. Delaware 1990 Baseline VOC and NOx
Emissions as Revised for MOBILE6.
Table 2. Emission Reductions from FMVCP and
RVP in On-Road Mobile Sources
Table 3. The 1990 Baseline Emissions Adjusted to
Individual Milestone Years.
Table 4. Revised Control Strategy Projections for
Individual Milestone Years.
Table 5. Fleet Turnover Corrections for On-Road
Mobile Sources.
Table 6. Emission Targets of VOC for Individual
Milestone Years.
Table 7. Calculations for Creditable VOC Emission
Reductions and Percentages.
Table 8. Required NOx Emission Reductions for
Individual Milestone Years
Table 9. Target Levels for Both VOC and NOx
Emissions
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. The Delaware 2005 Rate-of-Progress Plan for
Kent and New Castle Counties, Department of Natural
Resources and Environmental Control, Dover, Delaware,
December 2000.
3. Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity,
Memorandum from John S. Seitz, Director, Office of Air
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
ERRATA 1403
Quality Planning and Standards, US EPA, Washington,
D.C., January 18, 2002.
4. Measures to Meet the EPA-Identified Shortfalls in
Delaware Phase II Attainment Demonstration for the
Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area (the Shortfall SIP Revision), Department of Natural
Resources and Environmental Control, Dover, Delaware,
July 2001.
5. Delaware Regulations Governing the Control of
Air Pollution, Regulation 24 Section 26, Division of Air
and Waste Management, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
Updated to March 8, 1995.
6. Memorandum: Correction Errata to the 15
Percent Rate of Progress Guidance Document, from J. T.
Helms, Group Leader, Ozone Policy and Standard Group,
Office of Air Quality Planning and Standards, US EPA,
Research Triangle Park, North Carolina, March 17, 1999.
7. 64 FR 70444, December 16, 1999; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; One-hour Ozone Attainment Demonstration for
the Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area; proposed rule.
8. 66 FR 54598, October 29, 2001; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; Post-1996 Rate-of-Progress Plans and One-hour
Ozone Attainment Demonstration for the Philadelphia-
Wilmington-Trenton Ozone Nonattainment Area; final rule.
9. Amendments to Delaware Phase II Attainment
Demonstration for the Philadelphia-Wilmington-Trenton
Ozone Non-Attainment Area, Department of Natural
Resources and Environmental Control, Dover, Delaware, as
proposed in April 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 US Environmental Protection
Agency (EPA) a State Implementation Plan (SIP) for the
period between 1990 and 1996, and a revision of such SIP
every three years after 1996 to demonstrate how to achieve
adequate rate-of-progress in reducing emissions of volatile
organic compounds (VOC) and oxides of nitrogen (NOx),
which are the major precursors that form ground-level
ozone. Thus, these SIP revisions are termed as Rate-of-
Progress Plans (RPPs). Delaware's 2005 Rate-of-Progress
Plan, which covers the three-year period from 2003 to 2005,
was submitted to EPA in December 2000 (Reference 2).
The plan will be referred to hereafter as the 2005 Rate-of-
Progress Plan or simply the 2005 RPP.
This document amends Delaware's 2005 RPP according
to EPA's requirements on use of the agency's newly released
MOBILE6 model to reevaluate VOC and NOx emissions
from on-road mobile sources (Reference 3). The
amendments include using MOBILE6 for:
(1) Reevaluating VOC and NOx emissions for the 2005
attainment year, and.
(2) Reevaluating VOC and NOx emissions for the 1990
base year, the 1996, 1999 and 2002 milestone
years, to revise the emission targets for all
milestone years.
In addition, the amendments include a section that
revises VOC emission estimates for the Stage I Vapor
Recovery Program in Kent and New Castle Counties. The
document concludes that, with (1) the replacement of
MOBILE5b estimates with MOBILE6 estimates for the onroad
mobile source sector, (2) the revised VOC emission
estimates for the Stage I Program, (3) additional control
measures identified in Delaware Shortfall SIP Revision
(Reference 4), and (4) a 0.65 TPD NOx emission reduction
from the 2005 RPP's Contingency Plan, Delaware meets the
VOC and/or NOx emission reduction requirements set forth
for 2005 by the CAAA.
The use of 0.65 TPD NOx reductions from the 2005
RPP's Contingency Plan creates a NOx reduction shortfall
for the Contingency Plan itself. DNREC and DelDOT are
now working cooperatively on identifying and implementing
transportation control measures, and will address this small
shortfall prior to the completion of the 2002 milestone
demonstration (i.e., the first time the contingency could be
needed).
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, Program Manager I. The following
staff members of PCP are responsible for the preparation of
this document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Phil Wheeler, MRP, Environmental Planner
Lead person for MOBILE6 modeling
Comments and/or questions regarding this document
should be addressed to F. Gao at (302)323-4542, e-mail
Frank.Gao@state.de.us, Air Quality Management Section,
DAWM-DNREC, 715 Grantham Lane, New Castle,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1404 ERRATA
Delaware 19720.
2. Revising 1990 Baseline Emission Inventory
Delaware's 1990 baseline VOC and NOx emissions was
revised in the original 2005 Rate-of-Progress Plan to
accommodate differences in on-road mobile source
emissions estimated by MOBILE5a and MOBILE5b
(Section 1.3, Reference 2). The baseline emissions thereof
need to be revised again to reflect new emission estimates
from MOBILE6. The following formula is used for this
revision:
EMIS90BL-M6 = EMIS90BL-M5b - M5b Emission + M6 Emission (1)
where,
EMIS90BL-M6 = 1990 baseline all-source emission
revised using MOBILE6 for this
document, in TPD;
EMIS90BL-M5b = 1990 baseline all source emission
revised using MOBILE5b in the
original 2005 RPP (Table 1-7,
Reference 2);
M5b Emission = mobile source emission estimated
by MOBILE5b;
M6 Emission = mobile source emission estimated
by MOBILE6.
Emission data for MOBILE5b are obtained from the
original 2005 RPP (Appendix F, Reference 2). Emission
data for MOBILE6 are listed in Appendix A of this
document. The revised 1990 baseline VOC and NOx
emissions are summarized in Table 1 below.
Table 1. Delaware 1990 Baseline VOC and NOx
Emissions as Revised for MOBILE6.
Kent
New
Castle Total NAA*
Source Sector VOC NOx VOC NOx VOC NOx
Point Sources 3.24 6.13 26.94 85.77 30.18 91.90
Stationary Area
Sources
12.78 1.20 34.37 5.40 47.15 6.60
Off-Road
Mobile Sources
3.49 7.89 16.67 18.78 20.17 26.67
On-Road Mobile
Sources
11.84 9.24 42.16 31.03 54.00 40.27
TOTAL
EMISSIONS
31.36 24.46 120.14 140.97 151.49 165.43
*NAA: Non-attainment area.
To reassess emission targets in each milestone year, the
above baseline emissions must be adjusted to remove VOC
and NOx emission reductions from two pre-1990 control
programs, i.e., the Federal Motor Vehicle Control Program
(FMVCP) and the Reid Vapor Pressure Program (RVP).
Details of how to conduct this adjustment are given in the
original 2005 RPP (Sect. 1.3, Reference 2). On-road mobile
source emission data required for this adjustment, as
estimated using MOBILE6 model, are provided in Appendix
A of this document. Emission reductions from FMVCP and
RVP as estimated by MOBILE6 model are summarized in
Table 2. The 1990 baseline emissions adjusted to individual
milestone years are summarized in Table 3. The adjusted
baseline emissions will be used in a later section (Section 5)
to reevaluate emission targets in individual milestone years.
Table 2. Emission Reductions from FMVCP and RVP in
On-Road Mobile Sources.
Table 3. The 1990 Baseline Emissions Adjusted to
Individual Milestone Years
Description VOC NOx
1990 Baseline Inventory (All
Sources)
151.49 165.43 (a)
FMVCP/RVP Emission
Reductions
For 1990-1996 14.58 8.42 (b)1996
For 1990-1999 20.29 10.89 (b)1999
For 1990-2002 20.91 11.65 (b)2002
For 1990-2005 23.03 12.60 (b)2005
1990 Adjusted Baseline
Emissions
Description VOC NOx
1990 Baseline On-Road Mobile
Source Emissions
54.00 40.27 (a)
1990 Adjusted Base Year On-Road
Mobile Source Emissions
Adjusted for 1996 39.42 31.85 (b)1996
Adjusted for 1999 33.71 29.38 (b)1999
Adjusted for 2002 33.09 28.62 (b)2002
Adjusted for 2005 30.97 27.66 (b)2005
FMVCP/RVP
Emission Reductions
For 1990-1996 14.58 8.42 (a)-(b)1996
For 1990-1999 20.29 10.89 (a)-(b)1999
For 1990-2002 20.91 11.65 (a)-(b)2002
For 1990-2005 23.03 12.60 (a)-(b)2005
Relative to 1996 136.91 157.01 (a)-(b)1996
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
(2
ERRATA 1405
Relative to 1999 131.21 154.54 (a)-(b)1999
Relative to 2002 130.58 153.78 (a)-(b)2002
Relative to 2005 128.46 152.83 (a)-(b)2005
Using Eq. (2) and the above parameters, VOC emissions
from Stage I facilities can be re-estimated as:
????100 ???80 ???100 ????1
Kent : EMISPY ??190 ??0.91 ??0.3 2 ????
3. Revising VOC Emission Estimates for Stage I Vapor
???
?
??100
?
?
??100
?
?
??100
?
???2000
Recovery Program ???0.03TPD
Stage I Vapor Recovery is a control measure for
gasoline vapor emissions at gasoline dispensing facilities
that result from unloading gasoline from a delivery vessel ????100 ???80 ???100 ????1
??
(tank truck) into a stationary storage vessel (storage tank).
New Castle : EMISPY ???608 ??0.91 ??0.3 ???
2 ???
??100
?
?
??100
?
?
??100
?
???2000
The vapors displaced in the storage tank by the liquid
???0.10 TPD gasoline are retrieved into the tank truck and transported
back to the refinery. Delaware Stage I Vapor Recovery In the original 2005 RPP, VOC emissions from Stage I
Regulation was revised in January 1993 (Sec. 26 of facilities are 0.20 TPD and 0.64 TPD for Kent County and
Delaware Air Regulation 24, Reference 5). The regulation New Castle County, respectively (Sect. 3.5.2, Reference 2).
requires gasoline storage tanks at gasoline dispensing
facilities to be loaded by submerged filling with vapor 4. Revising Control Strategy Projections for Individual
balance system. In the original 2005 RPP, however, VOC Milestone Years
emissions from facilities covered by this regulation were To re-evaluate 2005 VOC and NOx emission targets
estimated with an emission factor for the splash filling. with mobile source emissions generated by MOBILE6, the
In March 1999, EPA revised one major projection control strategy projections in all previous milestone years
equation for area sources, including gasoline-dispensing must be also re-evaluated for MOBILE6. An equation
facilities (Reference 6). This revised equation, as shown similar to Eq. (1) is used for this purpose:
below, allows Delaware to use an emission factor for
balanced and submerged filling to better estimate VOC EMISPY-M6 = EMISPY-M5b - M5b-C-Emis + M6-C-Emis
emissions from the controlled facilities. (2)
????CEPY ???REPY ???RPPY ????where, EMISPY-M6 = projection year all-source
EMISPY ??ORATEBY ??GF ??EFPY ???
2 ???
???100
?
?
???100
?
?
???100)
?
??
emission revised using
MOBILE6;
EMISPY-M5b = projection year all-source
where EMISPY = Projection year (2005) emission, emission revised using
in TPD; MOBOILE5b in the original
ORATEBY = Base year activity level 2005 RPP (Table 1-7,
= 190 thousand gallons per day for Reference 2);
Kent County M5b-C-Emis = control strategy mobile
= 608 thousand gallons per day for source emissions estimated
New Castle County; by MOBILE5b (Appendixes
GF = growth f actor F and L, Reference 2);
= 0.91 for both counties. M6-C-Emis = control strategy mobile
EFPY = emission factor for balanced source emissions estimated
submerged filling by MOBILE6 (Appendix A
= 0.3 lb. per thousand gallons; of this document).
CEPY = control efficiency in projection
year For 2005, in addition to the above adjustment regarding
= 100 along with the submerged the two mobile source models (i.e., MOBILE5b and
EFPY for both counties; MOBILE6), the VOC emission differences for the Stage I
REPY = rule effectiveness in projection facilities must be also adjusted in a similar manner: (1)
subtracting the old Stage I VOC emissions (Sect. 3.5.2.,
year
= 80% for both counties;
Reference 2) from EMISPY-M6 obtained from Eq. 2, and (2)
RPPY = rule penetration adding the new Stage I estimates back to EMISPY-M6. The
= 100 for both counties. revised control strategy emissions for individual milestone
years are summarized in Table 4.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1406 ERRATA
Table 4. Revised Control Strategy Projections for
Individual Milestone Years.
Milestone Kent New Castle Total NAA
Year VOC NOx VOC NOx VOC NOx
1996 25.53 26.31 94.62 147.92 120.15 174.24
1999 23.52 22.67 89.33 112.98 112.85 135.65
2002 21.23 22.09 79.44 109.72 100.67 131.81
2005 19.05 21.38 76.27 111.74 95.32 133.12
5. Reevaluating Emission Targets for Individual
Milestone Years
Details of how to estimate emission targets for 1996,
1999, 2002 and 2005 have been described in Sections 1.3
and 1.4 of the original 2005 RPP (Reference 2). Therefore,
only outlines for the necessary calculations and brief
explanations are given herein.
(1) Calculating Fleet Turnover Corrections for On-
Road Mobile Sources
Fleet turnover corrections are differences in
FMVCP/RVP emission reductions between two adjacent
milestone years, as indicated in Table 5.
Table 5. Fleet Turnover Corrections for On-Road Mobile
Sources.
* Data obtained from Table 2.
** Not needed for 1999 NOx target calculation.
(2) Calculating VOC Emission Targets without NOx
Substitution
The CAAA requires that Delaware obtain 15%
VOC emission reduction between 1990 and 1996, and a 9%
VOC and/or NOx reduction every three years thereafter.
The VOC targets levels for all milestone years are calculated
first, as indicated in Table 6. It should be noted that the fleet
turnover correction must be incorporated in the calculation
because they are actually emission reductions from FMVCP
and RVP controls that are non-creditable (Sect. 1.3.,
Reference 2).
Table 6. Emission Targets of VOC for Individual
Milestone Years.
1996 Milestone Year
1990 1996
Baseline Req. 15% Reduction* FMVCP/RVP Target Level
(a) (b) (c) (d)=(a)-(b)-(c)
151.49 20.54 14.58 116.38
1999 Milestone Year
1996 1999
Target Level Req. 9% Reduction* Fleet Turnover Target Level
(a) (b) (c) (d)=(a)-(b)-(c)
116.38 11.81 5.71 98.86
2002 Milestone Year
1999 2002
Target Level Req. 9% Reduction* Fleet Turnover Target Level
(a) (b) (c) (d)=(a)-(b)-(c)
98.86 11.75 0.63 86.48
2005 Milestone Year
2002 2005
Target Level Req. 9% Reduction* Fleet Turnover Target Level
(a) (b) (c) (d)=(a)-(b)-(c)
86.48 11.56 2.12 72.80
* The required % reductions are based on the corresponding
adjusted 1990 baseline
emissions in Table 3.
(3) Calculating Creditable VOC Emission Reductions
Comparing Table 4 and Table 6 indicates that the
VOC control strategy projections for all milestone years are
higher than the target levels. Thus, NOx emission reductions
must be considered to meet the required rate-of-progress
emission reductions. First, the creditable VOC emissions and
their percentages must be determined, as shown in Table 7.
Table 7. Calculations for Creditable VOC Emission
Reductions and Percentages.
Description
VOC Emissions
(TPD)
1999 Milestone Year
1990 Baseline VOC Emission Adjusted
for 1999 131.21 (a)
1996 VOC Target Level 116.38 (b)
VOC Fleet Turnover Correction for
1996-1999 5.71 (c)
1999 VOC Control Strategy Projection* 112.85 (d)
Fleet Turnover
Correction VOC NOx *
For 1996-1999 5.71 2.86** (b)1996 -(b)1999
For 1999-2002 0.63 0.76 (b)1999 -(b)2002
For 2002-2005 2.12 0.95 (b)2002 -(b)2005
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
ERRATA 1407
Creditable VOC Emission Reductions
for 1999 -2.18 (e)=(b)-(c)-(d)
% of VOC Reductions for 1999 Rate-of-
Progress -1.66% (f)=(e)/(a)x100
2002 Milestone Year
1990 Baseline VOC Emission Adjusted
for 2002 130.58 (a)
1999 VOC Target Level 112.85 (b)
VOC Fleet Turnover Correction for
1999-2002 0.63 (c)
2002 VOC Control Strategy Projection* 100.67 (d)
Creditable VOC Emission Reductions
for 2002 11.55 (e)=(b)-(c)-(d)
% of VOC Reductions for 2002 Rate-of-
Progress 8.85% (f)=(e)/(a)x100
2005 Milestone Year
1990 Baseline VOC Emission Adjusted
for 2005 128.46 (a)
2002 VOC Target Level 100.67 (b)
VOC Fleet Turnover Correction for
2002-2005
2.12
(c)
2005 VOC Control Strategy
Projections* 95.32 (d)
Creditable VOC Emission Reductions
for 2005 3.23 (e)=(b)-(c)-(d)
% of VOC Reductions for 2005 Rate-of-
Progress 2.52% (f)=(e)/(a)x100
* These controlled projections contain FMVCP/RVP
reductions that are not creditable.
(4) Calculating Required NOx Emission Reductions.
The guidance of this calculation is that the
percentages of NOx emission reductions plus the creditable
VOC reduction percentages in Table 7 must be equal to 15%
for 1996 and to 9% for each milestone year thereafter. The
calculations and results are summarized in Table 8.
Table 8. Required NOx Emission Reductions for
Individual Milestone Years.
Description
NOx Emissions
(TPD)
1999 Milestone Year
1990 Baseline NOx Emission Adjusted for
1999 154.54 (a)
% VOC Reductions for 1999 Rate-of-
Progress -1.66% (b)
% NOx Reductions for 1999 Rate-of-
Progress 10.66% (c)
Total % of VOC/NOx Reduction 9.00% (d)=(b)+(c)
NOx Emission Reductions Required for
1996-1999 16.48 (e)=(a)x(c)
2002 Milestone Year
1990 Baseline NOx Emission Adjusted for
2002 153.78 (a)
% VOC Reductions for 2002 Rate-of-
Progress 8.85% (b)
% NOx Reductions for 2002 Rate-of-
Progress 0.15% (c)
Total % of VOC/NOx Reduction 9.00% (d)=(b)+(c)
NOx Emission Reductions Required for
1999-2002 0.24 (e)=(a)x(c)
2005 Milestone Year
1990 Baseline NOx Emission Adjusted for
2005 152.83 (a)
% VOC Reductions for 2005 Rate-of-
Progress 2.52% (b)
% NOx Reductions for 2005 Rate-of-
Progress 6.48% (c)
Total % VOC/NOx Reduction 9.00% (d)=(b)+(c)
NOx Emission Reductions Required for
2002-2005 9.91 (e)=(a)x(c)
(5) Calculating Emission Targets for Both VOC and
NOx.
By setting the VOC control strategy projections in
Table 4 as VOC target levels for 1999, 2002 and 2005, and
using required NOx emission reductions as determined in
Table 8, the target levels of NOx emissions in individual
milestone years, including 2005, can be calculated. Both
VOC and NOx emission targets are summarized in Table 9.
Table 9. Target Levels for Both VOC and NOx
Emissions.
Emissions (TPD)
Description VOC NOx
1996 Target Level-VOC 116.38 (a)
1990 Baseline Adjusted for 1999-NOx 154.54
1999 Milestone Year
Emission Reduction for Rate-of-Progress -2.18 16.48 (b)
Fleet Turnover Correction for 1996-1999 5.71 0.00 (c)
Target Level for 1999 112.85 138.07 (d)=(a)-(b)-(c)
2002 Milestone Year
Emission Reduction for Rate-of-Progress 11.55 0.24 (e)
Fleet Turnover Correction for 1999-2002 0.63 0.76 (f)
Target Level for 2002 100.67 137.07 (g)=(d)-(e)-(f)
2005 Milestone Year
Emission Reduction for Rate-of-Progress 3.23 9.91 (h)
Fleet Turnover Correction for 2002-2005 2.12 0.95 (i)
Target Level for 2005 95.32 126.21 (j)=(g)-(h)-(i)
6. Additional Controls to Meet the 2005 Rate-of-
Progress Emission Targets
6.1. NOx Shortfall in Meeting the 2005 Emission Target
As shown in Table 9, the target levels of VOC
emission and NOx emission in 2005 are 95.32 TPD and
126.21 TPD, respectively. Comparison of these two targets
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1408 ERRATA
with the 2005 control strategy projections, as revised in
Table 4, indicates that, with all control measures proposed in
the original 2005 RPP, Delaware will still have a 6.91 TPD
shortfall in NOx emission reduction (Shortfall = Target
Level - Control Strategy Projection = 126.21 - 133.12 = -
6.91 TPD). Thus, additional controls on either VOC or NOx
emissions are needed for 2005 to cover the 6.91 TPD NOx
reduction shortfall.
6.2 Additional Reductions from Delaware's
Shortfall SIP
In July 2001, Delaware submitted to EPA a SIP
revision entitled "Measures to Meet the EPA-Identified
Shortfalls in Delaware Phase II Attainment Demonstration
for the Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area" (Reference 4, hereafter referred to as
the Shortfall SIP). The EPA approved the 6 new/amended
regulations specified in the Shortfall SIP in December 2002.
In the Shortfall SIP, Delaware proposed to adopt 6 new or
amended regulations with compliance dates before the ozone
season of 2005. These new regulations are expected to lead
to an additional 4.96 TPD VOC emission reduction and an
additional 0.36 TPD NOx emission reduction in 2005
(Section 3.1 and Table 3, Reference 4).
Delaware hereby further amends the original 2005 RPP
by adding the above 6 regulations to its control measure list.
These 6 new/amended regulations will provide a total of
6.26 equivalent NOx reductions to the milestone year 2005.
This adjustment can be demonstrated in the following steps.
(1) The 1990 baseline VOC and NOx emissions
adjusted to 2005 are 128.46 TPD and 152.83 TPD,
respectively (Table 3, this document). The ratio of
VOC to NOx baseline emissions is
VOC : NOx = 128.46 : 152.83 = 1 : 1.19
(2) According to the above ratio, the additional 4.96
TPD VOC emission reduction in the Shortfall SIP
is equivalent to 5.95 TPD NOx reduction
(4.96x1.19=5.90 TPD). Thus, the total additional
NOx emission reduction from the 6 new/amended
regulations is 6.26 TPD (5.90+0.36=6.26 TPD).
6.3 Additional Reductions from Contingency
Measures
In the Contingency Plan of the 2005 RPP,
Delaware has demonstrated that additional NOx emission
reductions can be achieved from major point sources being
covered by Regulation 39 (Sect. 4.2.3., Part 4, Reference 2).
Delaware decides to use 0.65 TPD NOx reductions from this
part to further amend the 2005 RPP main plan. Since
Regulation 39 is a state adopted rule, this additional NOx
reduction can be obtained without any further rule-making
activities at both state and federal levels.
The use of 0.65 TPD NOx reductions from the
2005 RPP's Contingency Plan creates a NOx reduction
shortfall for the Contingency Plan itself. DNREC and
DelDOT are now working cooperatively on identifying and
implementing transportation control measures, and will
address this small shortfall prior to the completion of the
2002 milestone demonstration (i.e., the first time the
contingency could be needed).
6.4 Total Additional NOx Reduction to Meet 2005
Emission Target
The total additional NOx reduction from the
above two subsections is 6.91 TPD, which will cover the
identified NOx reduction shortfall. Therefore, the 2005 NOx
emission target under the CAAA rate-of-progress
requirements will be successfully met.
It should be pointed out that the MOBILE6-
based emissions in 2005 (Appendix A of this document) are
also the revised on-road mobile source emission budgets for
Kent and New Castle Counties for the purposes of meeting
the transportation conformity requirements set forth in
Section 182 of the CAAA (Reference 9). It should be noted
that the revised budgets are calculated using MOBILE6
emission factors and the latest planning assumptions (i.e.,
vehicle registration data, VMT, speed data, fleet mix)
currently available to the responsible agencies (DNREC and
DelDOT). After EPA determines that mobile budgets
established by this SIP revision are adequate, these budgets
shall be used to determine the conformity of transportation
plans and programs to the SIP (References 3, 7 and 8).
Appendixes
Appendix A: Summary of MOBILE6-Based Emission
Estimates.
Table A1. MOBILE6-Based Estimates for On-Road
Mobile Sources
New
Inventory Title Kent County Castle County Total NAA
VOC NOx VOC NOx VOC NOx
1990 Base Year 11.84 9.24 42.16 31.03 54.00 40.27
1990 Baseline
Mobile Sector
Adjusted to 1996 10.80 8.68 28.63 23.17 39.42 31.85
Adjusted to 1999 9.51 7.98 24.20 21.40 33.71 29.38
Adjusted to 2002 8.69 7.67 24.40 20.94 33.09 28.62
Adjusted to 2005 7.90 7.32 23.07 20.34 30.97 27.66
Emissions with
controls
1996 9.77 9.08 26.65 23.66 36.42 32.74
1999 8.56 8.42 24.14 22.03 32.69 30.45
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
ERRATA 1409
2002 7.00 7.89 16.88 18.94 23.87 26.83
2005 5.14 8.42 15.08 21.28 20.22 29.70
Note: The emissions in the table are calculated with
emission factors generated by MOBILE6, and using the
2002 vehicle registration data, daily Vehicle Miles Traveled
(VMT) and speeds of vehicles on the FHWA Functional
Class of Highways (as the latest planning assumptions
currently available to DNREC and DelDOT).
Appendix B: MOBILE6 Input/Output Files and
Emission Calculations
Due to the large volumes of the input and output files,
hard and/or electric copies will be available only upon
request. Written request should be addressed to Phil Wheeler
at Philip.Wheeler@state.de.us or AQM-DNREC, 156 S.
State Street, Dover, DE 19901.
(proposal)
AMENDMENTS TO
Delaware Phase II Attainment Demonstration for the
Philadelphia-Wilmington-Trenton Ozone Non-
attainment Area
Submitted To
U.S. Environmental Protection Agency
By
Delaware Department of Natural Resources and
Environmental Control
Dover, Delaware
Li
April 2003
MOBILE6 d Motor
Vehicle Emissions in 2005
MOBIL d Motor
Vehicle Emissions in 2005
MOBILE6-Based or Mot
st of Tables
Table 1.
Table 2.
Table 3. New Vehicle
Emission Budgets for 2005
List of References
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.
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, and in December, 2000.
Memorandum: Policy Guidance on the Use of
MOBILE6 for SIP Development and Transportation
Conformity, from John S. Seitz, Director of Office of Air
Quality Planning and Standards, and Margo T. Oge, Director
of Office of Transportation and Air Quality, US EPA,
Washington D.C., January 18, 2002.
Delaware 1996 Milestone Demonstration for Kent and
New Castle Counties: Demonstrating Adequate Progress
toward Attainment of the 1-Hour National Ambient Air
Quality Standard for Ground-Level Ozone, Delaware
Department of Natural Resources and Environmental
Control, Dover, Delaware, January 2000.
The Delaware 2005 Rate-of-Progress Plan for Kent
and New Castle Counties, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
December 2000.
Amendments to Delaware 2005 Rate-of-Progress Plan
for Kent and New Castle Counties, Delaware Department of
Natural Resources and Environmental Control, Dover,
Delaware, as proposed in April 2003.
64 FR 70444, December 16, 1999; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; One-hour Ozone Attainment Demonstration for
the Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area; proposed rule.
66 FR 54598, October 29, 2001; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; Post-1996 Rate-of-Progress Plans and One-hour
Ozone Attainment Demonstration for the Philadelphia-
Wilmington-Trenton Ozone Nonattainment Area; final rule.
Memorandum: Clarification of Policy Guidance for
MOBILE6 SIPs in Mid-Course Review Areas, from T.
Helms and L. Cook, Office of Air Quality Planning and
Standards, US EPA, Research Triangle Park, North
Carolina, February, 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 US 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 from 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 two times thereafter (Reference 2).
One requirement of EPA for a state's attainment
demonstration SIP revision is to set up on-road motor
vehicle VOC and NOx emission budgets for use in
transportation conformity analysis in that state. In its
amendments to the Phase II Attainment Demonstration SIP
in January 2000, Delaware set up these two budgets for 2005
using EPA's MOBILE5b model and including MOBILE5-
based Tier 2 benefits. In its amendments to the Phase II
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1410 ERRATA
Attainment Demonstration SIP in December 2000, Delaware
committed that it would revise the budgets within one year
after the release of the then-anticipated MOBILE6 model. In
January 2002, EPA officially released the MOBILE6 model.
The document proposed herein is to use MOBILE6
model to revise the on-road motor vehicle VOC and NOx
emission budgets in the Delaware Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). 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, Program Manager I. The following
staff members of PCP are responsible for the preparation of
this document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Phil Wheeler, MRP, Environmental Planner
Lead person for MOBILE6 modeling
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 Phil Wheeler at (302)739-4791,
e-mail Philip.Wheeler@state.de.us, Air Quality
Management Section, DAWM-DNREC, 156 South State
Street, Dover, DE 19901.
2. Requirements from EPA on Use of MOBILE6 Model
In January 2002, EPA officially released the MOBILE6
model for states to use in their ozone SIP revisions and
transportation conformity analysis. In a policy guidance
regarding the use of MOBILE6 model (Reference 3), EPA
requires that, if a state used MOBILE5-based Tier 2 benefits
when it determined its previous on-road motor vehicle
emission budgets, the state must revise those budgets within
one year after MOBILE6 is released, and submit the revised
budgets to EPA as a SIP revision. Since Delaware used the
MOBILE5-based Tier 2 benefits in its last mobile budget
SIP submittal, Delaware needs to meet this requirement
upon the MOBILE6 release (See also References 7 and 8).
According to the same guidance, Delaware can revise its
motor vehicle emission budgets using MOBILE6 without
revising the entire Phase II Attainment Demonstration SIP or
completing additional modeling, if Delaware can satisfy the
following two criteria: (1) the SIP continues to demonstrate
attainment when the MOBILE6 is used to estimate motor
vehicle emissions and to set up new emission budgets, and
(2) the growth and control strategy assumptions for
stationary sources and non-road mobile sources continue to
be valid to maintain the overall conclusions of the SIP.
Delaware has decided not to revise the entire Phase II
Attainment Demonstration SIP and not to conduct additional
modeling. The second criterion above can be satisfied by the
following two documents: (1) Delaware 1996 Milestone
Demonstration for Kent and New Castle Counties
(Reference 4), and (2) Delaware 1999 Milestone
Compliance Demonstration for Kent and New Castle
Counties. In these two documents, Delaware has
successfully demonstrated that the overall emissions of VOC
and/or NOx in the 1996 and 1999 Periodical Emission
Inventories are below the emission targets in these two
milestone years, which indicates continuous adequate
progress toward the attainment of the 1-hour ozone standard
in 2005. In addition, Delaware is currently amending its
2005 Rate-of-Progress Plan by incorporating the MOBILE6-
based mobile source emission estimates. In this current SIP
amendments document, Delaware has demonstrated that,
with adequate additional controls over non-mobile sources,
the 2005 rate-of-progress emission targets for both VOC and
NOx will be successfully met (Reference 6).
In the following sections of this document, Delaware
will show that EPA's first criterion will be satisfied by
demonstrating that the MOBILE6 estimates of motor vehicle
emissions are equal to or lower than the previous MOBILE5
estimates for the attainment year of 2005, and that the
percentage change in on-road motor vehicle emissions using
MOBILE6 is the same or higher than the percentage change
calculated using MOBILE5.
3. MOBILE6 Estimates of On-Road Mobile Source
Emissions
The MOBILE6 modeling has been conducted in-house
cooperatively by staff members of DelDOT and DNREC Air
Quality Management Section. The modeling includes all
control measures specified in Delaware's 2005 Rate-of-
Progress Plan (Reference 5). The model input files, output
files, and summary of emission factors generated by
MOBILE6 are provided in Appendix A of this document.
Using the emission factors generated by MOBILE6 and the
latest planning assumption (i.e., the 2002 vehicle registration
data, VMT/speed data) currently available to the responsible
agencies (DNREC and DelDOT), the MOBILE6-based
motor vehicle emissions can be calculated. The calculations
and results are also presented in Appendix A. The
MOBILE6 estimates of on-road motor vehicle emissions in
the attainment year 2005 are summarized inTable 1.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
ERRATA 1411
Table 1. MOBILE6 Estimates of On-Road Motor Vehicle
Emissions in 2005.
*NAA: Non-Attainment Area.
4. Comparison of MOBILE6-Based Estimates and
MOBILE5b-Based Estimates
The MOBILE5-based estimates of on-road motor
vehicle emissions in 2005 are presented in Table 2. These
estimates are also the on-road motor vehicle emission
budgets as specified in Delaware's Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). Details of how Delaware conducted MOBILE5b
modeling work and obtained these estimates are provided in
Delaware's 2005 Rate-of-Progress Plan (Reference 5).
Table 2. MOBILE5 Estimates of On-Road Motor Vehicle
Emissions in 2005.
*NAA: Non-Attainment Area.
Comparison of MOBILE6-based estimates and
MOBILE5-based estimates can be made through the
following steps.
(1) For the total non-attainment area (NAA), the
MOBILE6-based VOC emission is 0.62 TPD
higher than the MOBILE5-based VOC emission
(20.22 - 19.60 = +0.62 TPD), while the MOBILE6-
based NOx emission is 1.11 TPD lower than the
MOBILE5-based NOx emission (29.70 - 30.83 = -
1.13 TPD).
(2) Delaware's 1990 baseline VOC and NOx
emissions, as adjusted to the attainment year of
2005 using MOBILE6 model, are 128.46 TPD and
152.83 TPD, respectively (Table 3, Reference 6).
The ratio of VOC to NOx baseline emissions is
VOC : NOx = 128.46 : 152.83 = 1 : 1.19
Attainment
Year Kent County New Castle County Total NAA*
2005
Emissions (TPD)
VOC NOx
5.14 8.42
VOC NOx
15.08 21.28
VOC NOx
20.22 29.70
Attainment
Year
Kent County New
Castle
County Total NAA*
2005
Emission (TPD)
VOC NOx
4.84 7.91
VOC NOx
14.76 22.92
VOC NOx
19.60 30.83
(3) Using the above VOC-to-NOx emission ratio, the
0.62 TPD VOC emission increase due to using
MOBILE6 is equivalent to a 0.74 TPD NOx
emission increase (0.62 x 1.19 = 0.74 TPD). This
equivalent NOx emission increase is smaller than
the 1.13 TPD NOx emission decrease as indicated
in (1) above.
The above comparison indicates that in the attainment
year of 2005, the new MOBILE6 estimates are lower than
the MOBILE5 estimates previously presented in Delaware's
Phase II Attainment Demonstration SIP, as amended in
January 2000 (Reference 2), and in Delaware's 2005 Rateof-
Progress Plan (Reference 5).
In February 2003, EPA issued a memorandum that
provides clarifying guidance on how to demonstrate
attainment when using MOBILE6-based estimates to replace
MOBILE5-based estimates (Reference 9). According to this
latest clarifying guidance, Delaware should compare the
percentage change in the on-road mobile source emissions
between the 1990 base year and the attainment year of 2005.
If the percentage change in the on-road emissions using
MOBILE6 is the same or higher than the percentage change
based on MOBILE5, a shortfall is not indicated and
Delaware's attainment demonstration SIP continues to
demonstrate attainment.
The above-mentioned comparison is accomplished and
summarized in Table 2a. As indicated in Table 2a, the
percentage changes in the on-road mobile emissions using
MOBILE6 are 62.6% and 26.2% for VOC and NOx,
respectively. The percentage changes using MOBILE5 are
58.3% and 18.1% for VOC and NOx, respectively. It is clear
that percentage changes in both VOC and NOx emissions in
the mobile sector are higher when using MOBILE6 than
using MOBILE5, which indicates that Delaware continues to
demonstrate attainment. Therefore, the first criterion
specified in EPA's MOBILE6 guidance document
(Reference 3) is satisfied. As mentioned in Section 2 of this
document, the second criterion has been satisfied as well.
Table 2a. Comparison of Percentage Changes in On-
Road Mobile Emissions.
New
Kent County Castle County Total NAA
VOC NOx VOC NOx VOC NOx
MOBILE6
Estimates
1990 Base Year 11.84 9.24 42.16 31.03 54.00 40.27
2005 Attainment
Year 5.14 8.42 15.08 21.28 20.22 29.70
% reduction 56.6% 8.9% 64.2% 31.4% 62.6% 26.2%
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1412 ERRATA
MOBILE5b
Estimates
1990 Base Year 12.89 10.62 34.07 27.04 46.96 37.66
2005 Attainment
Year 4.839 7.905 14.76 22.92 19.60 30.83
% reduction 62.5% 25.6% 56.7% 15.2% 58.3% 18.1%
5. New MOBILE6-Based Motor Vehicle Emission
Budgets
Since the two criteria specified in EPA's MOBILE6
guidance document (Reference 3) are satisfied, Delaware
has decided to set the new MOBILE6-based estimates to be
the new on-road motor vehicle emission budgets for Kent
and New Castle Counties in the attainment year of 2005, as
presented in Table 3. After EPA determines that mobile
budgets established by this SIP revision are adequate, these
budgets shall be used to determine the conformity of
transportation plans and programs to the SIP (References 3,
7 and 8).
Table 3. New MOBILE6-Based Motor Vehicle Emission
Budgets for 2005.
Attainment
Year Kent County New Castle County Total NAA*
2005
Budgets (TPD)
VOC NOx
5.14 8.42
VOC NOx
15.08 21.28
VOC NOx
20.22 29.70
* Non-attainment area.
Appendix A. MOBILE6 Data Files and Emissions
Calculations.
Due to the large number of the data files, hard and/or
electronic copies will be available only upon request.
Written request should be addressed to Phil Wheeler at
Philip.Wheeler@state.de.us or AQM-DNREC, 156 S. State
Street, Dover, DE 19901.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1413
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text.
Language which is stricken through indicates text being deleted.
Proposed Regulations
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 nat ure
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.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
24 DE Admin. Code 2500
Statutory Authority: 24 Delaware Code,
Section 2509 (24 Del. C. §2509)
PLEASE TAKE NOTICE, pursuant to 29 Del.C. §2509,
the Delaware Board of Pharmacy (Board) has developed and
proposes to modify Regulations 1.0 and 3.0. The changes to
Regulation 1.0 relating to the national examinations make
the rule consistent with the requirements of the National
Association of Boards of Pharmacy (NABP). The changes to
Regulation 3.0 give a pharmacy more discretion in choosing
the appropriate reference material and limit the requirement
for metric weights to a pharmacy using a balance.
A public hearing will be held on June 11, 2003 at 9:30
a.m. in the Jesse Cooper Building, Room 309 (third floor
conference room), Federal and Water Streets, Dover, DE
19901. Written comments can be submitted at any time
prior to the public hearing in care of Gradella E. Bunting at
the above address. In addition to publication in the Register
of Regulations and two newspapers of general circulation,
copies of the proposed regulation can be obtained from
Gradella E. Bunting by calling (302)739-4798.
PLEASE NOTE: ONLY THOSE REGULATIONS BEING
AMENDED, 1.0 AND 3.0, ARE BEING PUBLISHED. THE
ENTIRE REGULATION IS AVAILABLE AT THE DELAWARE
REGULATIONS WEBSITE,
HTTP://WWW.DELREGS.STATE.DE.US
1.0 Pharmacist Licensure Requirements
1.1 Examination Requirements
1.1.1 In order to be eligible for examination for
licensure, an applicant must have graduated from an
approved school or college of pharmacy provide proof of
completion of all requirements for graduation from an
approved school or college. An approved school or college
of pharmacy is an institution which has established standards
in its undergraduate degree program which are at least
equivalent to the minimum standards for accreditation
established by the American Council on Pharmaceutical
Education. Provided, however, that graduates of schools or
colleges of pharmacy located outside of the United States,
which have not established standards in their respective
undergraduate degree programs which are at least equivalent
to the minimum standards for accreditation established by
the American Council on Pharmaceutical Education , shall
be deemed eligible for examination for licensure by
providing evidence satisfactory to the Board of Pharmacy of
graduation from such school or college and by successfully
passing an equivalency examination recognized by the
Board of Pharmacy. Certification by the National
Association of Boards of Pharmacy Foundation (NABP)
Foreign Pharmacy Graduate Examination Committee
(FPGEC) meets the equivalency examination requirement.
1.1.2 Candidates must obtain a passing grade of
75 as determined by the National Association of Boards of
Pharmacy ( NABP) on the North American Pharmacist
Licensure Examination (NAPLEX) and the Multistate
Pharmacy Jurisprudence Examination for Delaware (MPJE)
Examination to be eligible for a license to practice. A
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1414 PROPOSED REGULATIONS
candidate must take an examination within 365 days of the
determination of eligibility by the Board. The Secretary will
supply the grades obtained to the candidate upon receipt of a
written request from that person. In addition, candidates
must take and obtain a passing grade of 75 on a
Jurisprudence Examination.
1.1.3 The Board will re-confirm the eligibility
of an applicant who fails the NAPLEX. Any applicant who
fails the examination The applicant shall be entitled to take a
re-examination at least ninety-one (91) days following the
date of the failure. If an applicant has failed the examination
three times, he/she shall be eligible to re-take the
examination NAPLEX, provided that he/she produces
evidence of working full-time as an intern for a period of six
months between examinations or has attended an accredited
college of pharmacy as a registered student for a minimum
of one semester consisting of 12 credits during the interim.
A certification of satisfactory completion of such work shall
be furnished by the Dean of the College or the preceptor as
the case may be. The applicant may continue to sit for the
Examination at its regularly scheduled time in the next
succeeding years, provided the applicant has fulfilled the
requirement for internship or course of study required herein
between each examination.
1.1.4 Three failures of the Jurisprudence
Examination requires three months of internship or one
semester college course of Jurisprudence prior to the
applicant being eligible to re-take the Jurisprudence
examination. The Board will re-confirm the eligibility of an
applicant who fails the MPJE. The applicant shall be
entitled to re-take the MJPE at least thirty-one (31) days
following the date of the failure. If an applicant has failed
the examination three times, he or she shall be eligible to retake
the examination, provided that he or she produces
evidence of working full-time as an intern for a period of
three months or has completed a one semester college
course on jurisprudence.
1.2 Practical Experience Requirements
1.2.1 An applicant for registration as an intern
must submit an application for registration of Internship after
entering the first professional year of college of pharmacy
which includes an "Affidavit of Class Standing" and
"Affidavit of Preceptor." This application must be obtained
from the Board of Pharmacy. If the applicant is a graduate
of a foreign pharmacy school, he/she must produce evidence
that he/she has passed an equivalency examination by the
Board.
1.2.2 Persons who register as interns in the State
of Delaware shall, in accordance with the requirements of 24
Del.C. §2515, complete not less than 1500 hours of Board
approved practical experience under the supervision of a
licensed pharmacist. The total 1500 hours of internship may
be acquired in the community or hospital settings. A
minimum of 1000 hours shall be obtained in the community
or hospital settings. The remaining 500 hours may be
obtained in other recognized fields of practice, e.g.:
Industrial Pharmacist, Drug Information Pharmacist,
Military Pharmacist, Mail Order Pharmacist, HMO
Pharmacist, Consultant Pharmacist (Nursing Home,
Infusion, Medicaid DUR, Etc.), Home Health Care
Pharmacist (may include Durable Medical Equipment, etc.),
Nuclear Pharmacist, Compliance Pharmacist, Government
Pharmacist, Clinical Pharmacist, Contracted Pharmacy
Services.
1.2.3 The hours accrued during the College of
Pharmacy Practical Experience Program may be applied to
the 1500 hours total. These hours shall be recorded on the
College Practical Experience Affidavit supplied by the
Board. Additional practical experience acquired in the State
of Delaware must be submitted to the Board on the Affidavit
of intern Experience form provided by the Board of
Pharmacy Office. Practical experience acquired in another
State is acceptable if the State Board in which the applicant
acquired the hours submits a letter of certification, or if the
applicant's preceptor completes the Delaware State Board of
Pharmacy's Affidavit of intern Experience form. Applicants
who have not completed all the practical experience
requirements, but who have graduated from an accredited
college or have been certified by the NABP Foreign
Pharmacy Graduate Examination Committee are eligible to
take the examination. However, applicants will not be fully
licensed until all the requirements of the Statutes and
Regulations are completed.
1.2.4 Practical experience must be acquired
under the supervision of a licensed pharmacist known as a
Preceptor. The Preceptor must be a pharmacist licensed in
this State or any other State and must have a minimum of
two years of pharmacy practice. The Preceptor must certify
that the intern has successfully completed all the
requirements outlined in the Responsibilities of the Intern
professional assessment form.
1.2.5 An intern must notify the Board of
Pharmacy in writing within ten (10) days of a change of
preceptor. A change of preceptor affidavit must be
completed and filed with the Board.
1.3 Continuing Education Requirements
1.3.1 A pharmacist must acquire 3.0 C.E.U.'s
(30 hours) per biennial licensure period. No carry over of
credit from one registration period to another period is
permitted.
1.3.2 Hardship - Hardship exemptions may be
granted by the Board of Pharmacy upon receipt of evidence
that the individual was unable to complete the requirements
due to circumstances beyond his control.
1.3.3 Criteria for Hardship Exemption as
Recommended by the Board of Pharmacy:
1.3.3.1 Applicant must notify the Board in
writing concerning the nature of the hardship and the time
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1415
needed for an extension. In case of medical disability, a
letter from the physician with supporting documentation to
corroborate the condition and the length of time of extension
needed.
1.3.3.2 The Board of Pharmacy will review
requests.
1.3.3.3 The Board will notify the registrant of
its decision.
1.3.4 Persons who are newly licensed after the
registration period begins, must complete continuing
education units proportional to the total number of
continuing education units required for the biennial licensure
renewal. (1.25 hours/per month).
1.4 Continuing Professional Educational Programs
1.4.1 Topics of Study
Topics of study shall be subject matter
designed to maintain and enhance the contemporary practice
of pharmacy.
1.4.2 Approved Provider
1.4.2.1 Any provider approved by ACPE.
1.4.2.2 In-state organization which meets
criteria approved by the Board.
1.4.3 Application for Delaware State Provider
1.4.3.1 Any in-state organization may apply
to the Board on forms provided by the Board for initial
qualification as an approved provider. The Board shall
accept or reject any such application by written notice to
such organization within 60 days after receipt of its
application. If an organization is approved, the Board will
issue a certificate or other notification of qualification to it,
which approval shall be effective for a period of two years
and shall be renewable upon the fulfillment of all
requirements for renewal as set forth by the Board.
1.4.3.2 The Board may revoke or suspend an
approval of a provider or refuse to renew such approval if the
provider fails to maintain the standards and specifications
required. The Board shall serve written notice on the
provider by mail or personal delivery at its address as shown
on its most current application specifying the reason for
suspension, revocation, or failure to renew. The provider so
affected shall, upon written request to the Board within ten
days after service of the notice, be granted a prompt hearing
before the Board at which time it will be permitted to
introduce matters in person, or by its counsel, to defend itself
against such revocation, suspension, or failure to renew, in
accordance with the provisions set forth in the State's
Administrative Procedures Act.
1.4.4 Criteria for Approval of Delaware State
Providers. Only applicants who are located within the State
of Delaware are eligible. Such Continuing Education
providers shall provide evidence of ability to meet the
following criteria or approval as a Continuing
Pharmaceutical Education Provider. Other persons must
apply through ACPE for approval or be acceptable to other
Boards of Pharmacy that certify continuing education for
relicensure.
1.4.4.1 Administration and Organization
1.4.4.1.1 The person who is in charge
of making sure that the program meets the quality standards
must have a background in the administration of education
programs.
1.4.4.1.2 There shall be an identifiable
person or persons charged with the responsibility of
administering the continuing pharmaceutical education
program.
1.4.4.1.3 Such personnel shall be
qualified for such responsibilities by virtue of experience
and background.
1.4.4.1.4 If an approved provider
presents programs in co-sponsorship with other
non-approved provider(s), the approved provider has the
total responsibility for assurance of quality of that program.
If more than one approved provider co-sponsors a program,
they have the joint responsibility for assuring quality.
1.4.4.1.5 Administrative
Requirements include:
1.4.4.1.5.1 The development of
promotional materials which state:
1.4.4.1.5.1.1 Educational
objectives.
1.4.4.1.5.1.2 The target audience.
1.4.4.1.5.1.3 The time schedule
of the activities.
1.4.4.1.5.1.4 Cost to the
participant/covered items.
1.4.4.1.5.1.5 Amount of C.E.
credit which will be awarded.
1.4.4.1.5.1.6 Credentials of the
faculty, presenters, and speakers.
1.4.4.1.5.1.7 Self-evaluation
instruments.
1.4.4.1.5.2 Compliance with a
quantitative measure for C.E. credit.
1.4.4.1.5.2.1 The number of
C.E.U.'s to be awarded for successful completion shall be
determined by the provider and reported in the promotional
materials.
1.4.4.1.5.2.2 In cases where the
participants' physical presence is required, C.E. credit will
only be awarded for that portion of the program which
concerns itself with the lecture(s), evaluation and question
and answer segments.
1.4.4.1.5.2.3 The measure of
credit shall be a fifty-minute contact hour. In the case of
other programs such as home study courses, the amount of
credit awarded shall be determined by assessing the amount
of time the activity would require for completion by the
participant if delivered in a more formal and structured
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1416 PROPOSED REGULATIONS
format.
1.4.4.1.5.2.4 The provider must
provide the Board upon request with appropriate records of
successful participation in previous continuing education
activities.
1.4.4.1.5.2.5 The provider must
present to the participant a form or certificate as
documentation of the completion of the program. The form
must be at least 4" x 6" and no larger than 8 1/2" x 11". That
certificate must show the name, address, and license number
of the participant, the name of the provider, the title and date
of the program, the number of credits earned, and an
authorized signature from the provider.
1.4.4.2 Program Faculty. The selection of
program faculty must be based upon proved competency in
the subject matter and an ability to communicate in order to
achieve a learning experience.
1.4.4.3 Program Content Development
1.4.4.3.1 Such programs shall involve
effective advance planning. A statement of educational goals
and/or behaviors must be included in promotional materials.
Such objectives and goals must be measurable and
accessible to evaluation. In determining program content,
providers shall involve appropriate members of the intended
audience in order to satisfy the educational needs of the
participants. All programs of approved providers should
pertain to the general areas of professional pharmacy
practices which should include, but not be limited to:
1.4.4.3.1.1 The social, economic,
behavioral, and legal aspects of health care,
1.4.4.3.1.2 the properties and
actions of drugs and drug dosage forms,
1.4.4.3.1.3 the etiology,
characteristics, therapeutics and prevention of the disease
state,
1.4.4.3.1.4 pharmaceutical
monitoring and management of patients.
1.4.4.3.2 All ancillary teaching tools
shall be suitable and appropriate to the topic.
1.4.4.3.3 All materials shall be
updated periodically to include up-to-date-practice setting.
1.4.4.3.4 It is the responsibility of the
provider to be sure that the programs are continuously
upgraded to meet educational objectives of the Practice of
Pharmacy. The needs of the pharmacist participant must be
considered in choosing the method of delivery. Innovation in
presentations is encouraged within the limits of budget
resources and facilities. Whatever method of delivery is
used, it must include the participation of the pharmacist as
much as possible within the program, i.e. questions and
answers, workshops, etc.
1.4.4.4 Facilities. The facilities shall be
adequate for the size of the audience, properly equipped (all
appropriate audio/-visual media materials), well lighted and
ventilated to induce a proper learning experience.
1.4.4.5 Evaluation. Effective evaluation of
programs is essential and is the responsibility of both the
provider and participant.
1.4.4.5.1 Participant - Some
evaluation mechanisms must be developed by the provider to
allow the participant to assess his/her own achievement per
the program.
1.4.4.5.2 Provider evaluation - a
provider shall also develop an instrument for the use of the
participant in evaluating the effectiveness of the program
including the level of fulfillment of stated objectives.
1.4.5 Criteria for Awarding Continuing
Education Credits. Individual programs must meet the
criteria for provider approval in order to be considered. In
those cases where the provider is not an ACPE provider, nor
a Board of Pharmacy approved provider, a registrant may
complete an application provided by the Board for approval
of individual programs.
1.4.5.1 In order to receive full credit for
non-ACPE approved programs of one-to-two hour lengths,
evidence of a post test must be presented. An automatic
25% deduction if no post test presented.
1.4.5.2 In order to receive full credit for non
ACPE approved programs of three or more hours in length,
evidence of a pre and post test must be presented. Automatic
25% deduction if no pre and post test presented.
1.4.5.3 Credit will be assigned only for the
core content of the program which explicitly relates to the
contemporary practice of Pharmacy.
1.4.5.4 A maximum of 2 credit hours will be
awarded for First Aid, attendance at a Board of Pharmacy
meeting and CPR/BCLS courses one time only per
registration period.
1.4.5.5 Credit for Instructors of Continuing
Education
1.4.5.5.1 Any pharmacist whose
primary responsibility is not the education of health
professionals, who leads, instructs or lectures to groups of
nurses, physicians, pharmacists or others on pharmacy
related topics in organized continuing education or inservice
programs, shall be granted continuing education credit for
such time expended during actual presentation, upon
adequate documentation to the Delaware Board of
Pharmacy.
1.4.5.5.2 Any pharmacist whose
primary responsibility is the education of health
professionals shall be granted continuing education credit
only for time expended in leading, instructing, or lecturing to
groups of physicians, pharmacists, nurses or others on
pharmacy related topics outside his/her formal course
responsibilities (that is, lectures or instructions must be
prepared specifically for each program) in a learning
institution.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1417
1.4.5.5.3 Credit for presentations of
in-service training programs or other lectures shall be
granted only for topics meeting the criteria for continuing
pharmacy education, and shall be granted only once for any
given program or lecture. (Any topic completely revised
would be eligible for consideration.)
1.4.5.5.4 A maximum of 6 hours (0.6
C.E.U.'s) in this category may be applied toward fulfilling
the total biennial continuing education requirements.
1.4.5.6 Credit for On the Job Training:
1.4.5.6.1 The Board of Pharmacy does
not as a general rule encourage the submission of "on the job
training" for fulfilling the continuing education
requirements. All programs meeting this definition shall be
reviewed on an individual basis.
1.4.5.6.2 All programs that are
submitted for credit must meet the criteria for continuing
pharmacy education.
1.4.5.6.3 No credit shall be awarded
for programs required by an employer for continued
employment of the employee. (Examples OSHA training,
Infection Control Education required by JCAHO.)
1.4.5.6.4 A maximum of 4 hours (0.4
C.E.U.'s) in this category may be applied toward fulfilling
the total biennial continuing education requirements.
1.5 The Verification of Continuing Education - A
pharmacist shall complete the required continuing education
and submit the signed renewal form with appropriate fees to
the Board of Pharmacy. A pharmacist shall retain the
supporting documentation, such as certification of
completion for a minimum of six years. The Board will
randomly audit the documentation of at least 10% of
licensed pharmacists every biennial term. Supporting
documentation may be requested for up to six years.
Pharmacists who were not selected for audit do not send
supporting documentation to the Board. Submitting a false
documentation may constitute grounds for discipline under
24 Del.C. §2518 (a) (1).
1.6 Re-Entry - A pharmacist may have his/her license
reinstated by completing the following requirements:
1.6.1 Payment of any back fees;
1.6.2 Successfully obtaining a grade of 75 on an
examination on the Practice of Pharmacy if the pharmacist
has not practiced in three years;
1.6.3 Submission of evidence of completion of
at least 20 hours of approved C.E. from the date of
application for reinstatement if the pharmacist has practiced
within the last three years.
1.7 Reciprocal Requirements
1.7.1 The Board will accept an applicant for
reciprocity provided that his practical pharmacy experience
and his experience with in the practice after licensure is at
least equivalent to the practical pharmacy experience
required by the Delaware Board. An applicant for licensure
by reciprocity shall be of good moral character and shall:
1.7.1.1 submit proof that he or she was
qualified for licensure in Delaware at the time of initial
licensure by examination;
1.7.1.2 submit proof of licensure in good
standing from each state where he or she is or has been
licensed; and
1.7.1.3 obtain a passing score on the MPJE on
the laws applicable in this State as provided in Regulation
1.1.
1.7.2 Candidates for reciprocity licensure,
except those who have been licensed by examination within
the last year, must have practice as a registered pharmacist
for at least one year during the last three years or shall be
required to pass the Board of Pharmacy's Practice of
Pharmacy examination or an examination deemed equivalent
by the Board and obtained a minimum grade of 75 percent.
1.7.3 1.7.2 Reciprocity applicants who took
examinations after June 1, 1979, must have passed the
National Association of Boards of Pharmacy standard
examination NAPLEX or an examination deemed equivalent
by the Board and obtained scores required for applicants for
licensure by examination.
1.7.4 All reciprocal applicants must take a
written jurisprudence examination and obtain a minimum
grade of 75 percent. Jurisprudence examination will be
given at such times as determined by the Board. In order to
be eligible to take the jurisprudence examination, all
necessary paperwork must be completed and received by the
Board office at least 10 days prior to the next scheduled
examination.
1.7.5 1.7.3 Applicants who are licensed by
reciprocity must begin accruing continuing education units
at a rate of 1.25 hours/month beginning with the month of
licensure.
Regulation 1.2 revised 10/11/96
Regulation 1.3.2 revised 2/6/97
Regulation 1.3.2 deleted, 1.3.3.1 amended, 1.4 amended
Effective date 10/11/98
See 1 DE Reg. 1965 (6/1/98)
See 2 DE Reg. 683 (10/1/98)
See 4 DE Reg. 163 (7/1/00)
See 4 DE Reg. 1501 (3/1/01)
See 6 DE Reg. 488 (10/1/02)
3.0 Pharmacy Requirements
3.1 Pharmacist in Charge
3.1.1 Application for permit to operate a
pharmacy in the State of Delaware must be on a form
approved by the Board. The form shall include the statement
to be signed by the pharmacist in charge, "I understand that I
am responsible for conducting and managing the
prescription department in compliance with applicable State
and Federal laws."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1418 PROPOSED REGULATIONS
3.1.2 The Board interprets the responsibilities of
the Pharmacist-in-Charge to include, but not be limited to
the following:
3.1.2.1 Maintain necessary pharmaceutical
equipment and reference texts in accordance with the State
Board of Pharmacy requirements.
3.1.2.2 Maintain records required by the
Uniform Controlled Substances Act and other relevant State
and Federal regulations.
3.1.2.3 Maintain proper security of particular
pharmacy operation during and after normal business hours.
3.1.2.4 Establish procedures within operation
that maintain standard of practice as it relates to the
dispensing of pharmaceuticals. These procedures shall
include proper supervision of supportive personnel and
delegation of authority to another pharmacist when not on
duty.
3.1.2.5 The pharmacist on duty is directly
responsible for his own actions.
3.1.2.6 Notify the Board of Pharmacy in
writing within 10 days of termination as
pharmacist-in-charge.
3.2 Owner's Affidavit. The owner or owners and, in the
case of a corporation, an authorized official of the
corporation must present an affidavit properly notarized
containing the statement, "I hereby swear or affirm that the
foregoing statements are correct and do hereby agree to
abide by the pharmacy laws of the State of Delaware and to
all rules and regulations of the Delaware State Board of
Pharmacy." The Board must be notified within 10 days of
change of ownership.
3.3 Equipment and Reference Materials. Each
pharmacy shall have the following equipment and current
edition of the following texts: maintain a library of the latest
edition and supplements of current reference sources (either
hard copy or electronically accessible) appropriate to the
individual pharmacy practice and to the care of the patients
served. The reference sources must:
3.3.1 References:
3.3.1.1 Delaware Laws and Regulations
governing Pharmacy. Provide information on the therapeutic
use, dosing, pharmacology, adverse effects, and interactions
of drugs dispensed to patient.
3.3.1.2 Federal Regulations covering the
Food and Drug Act, and Controlled Substances Act (If
available in another text, purchase is not necessary Provide
information helpful in the counseling of patients on the use
of drugs dispensed.
3.3.1.3 USP-DI (All volumes and
supplements). Enable the pharmacist to properly compound
medicines within accepted standards of pharmacy practice.
3.3.1.4 Include a listing of therapeutic
equivalents for drugs dispensed.
One (minimum) of the following texts
from each category:
3.3.1.4.1Drug Interactions
3.3.1.4.1.1Facts and Comparisons
Drug Interactions (Metaphor)
3.3.1.4.1.2 Hansten's Drug
Interactions
3.3.1.4.1.4 AphI Evaluation of Drug
Interactions
3.3.1.4.2 Drug Information:
3.3.1.4.2.1 Facts and Comparisons
3.3.1.4.2.2 American Hospital
Formulary Service
3.3.1.4.2.3 Pharmindex
3.3.1.5 Include current Delaware and federal
laws and regulations governing pharmacy and controlled
substances.
3.3.1.6 Provide any other information
necessary to the safe and effective practice of pharmacy for
the specific practice setting.
3.3.2 Equipment:
3.3.2.1 Prescription Scale, Class A
Set of metric weights if a balance is used
3.3.2.2 Graduates, (must be glass) Metric
One of Each:
30 ml
60 ml
125 ml
500 ml
(or Set with both metric and Apothecary
Graduations may be used)
3.3.2.3 Mortars and Pestles
1 8 ounce glass
1 8 ounce wedgewood
3.3.2.4 Filter Paper
3.3.2.4 Prescription/physician Order Files
3.3.2.5 Two Spatulas
3.3.2.6 One Glass Funnel
3.3.2.7 One Glass Stirring Rod
3.3.2.8 Ointment Slab or Papers
3.3.2.9 Purified Water
Each Pharmacy shall have such additional
equipment as is necessary to perform a specific procedure.
All equipment must be clean and must be
maintained in such a manner that allows the pharmacist to
accurately weigh, measure and compound ingredients.
3.4 Physical Facilities. Have sufficient size, space,
sanitation, and environmental control for adequate
distribution, dispensing and storage of drugs and devices.
Such facilities shall include:
3.4.1 A dispensing area of adequate size and
space for proper compounding, dispensing and storage of
drugs and devices, to ensure the safety and well being of the
public and pharmacy personnel.
3.4.2 Sufficient environmental control, i.e.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1419
lighting, ventilation, heating and cooling to maintain the
integrity of drugs and devices. The area in which drugs and
devices are stored shall be accurately monitored using
control devices to maintain room temperature between 59×
and 86× Fahrenheit.
3.4.3 The pharmacy department or prescription
area must contain a sink with hot and cold running water. It
must be large enough to accommodate the equipment
required by the Board so that the utensils can be properly
washed and sanitized.
3.4.4 Suitable refrigeration with appropriate
monitoring device. Refrigerators and freezers (where
required) will be maintained at the USP/NF range:
Refrigerator - 36× to 46× Fahrenheit
Freezer - plus 4× to minus 14× Fahrenheit.
A sign with letters not less than 3/4" in height
in the vicinity of the prescription department visible to the
public which shows the name of the pharmacists employed
at that pharmacy or the name of the pharmacist on duty.
3.5 Building Standards. An application to operate a
new pharmacy must include (3) copies of blueprints drawn
to scale of the proposed prescription department. The
blueprints must include the following:
3.5.1 The requirements listed in §2534(F)(1)
through (4).
3.5.2 A view of the partition surrounding the
prescription department showing a five (5) foot height
requirement measured from the floor. A section or sections
totaling a maximum of twelve (12) ft. in length and at least
three (3) ft. in height will be acceptable in all situations. The
area(s) must be secured to the five (5) ft. level when the
pharmacist or designated responsible person is not in the
pharmacy department.
3.5.3 A partitioned area which assures patient
privacy will be provided to facilitate counseling. This area
must afford the patient privacy from auditory detection by
any unauthorized person or persons. The minimum
requirement would be a 9 square foot partitioned area.
3.5.4 The blueprints shall include the location of
the sink, all doors, storage room, approved Schedule II
controlled substance safe or cabinet, and the method of
securing the prescription department from floor to ceiling,
when the prescription department is closed and the
remainder of the store is open.
3.5.5 The blueprints must include the type of
alarm system to be installed, and the name, address and
phone number of alarm provider. The alarm system, as
required by Regulation 5 of the Delaware Controlled
Substance Act, must be reviewed and approved for
compliance by the Office of Narcotics and Dangerous
Drugs.
3.5.6 The above requirements shall also apply
for any remodeling or change of location of the prescription
department. The pharmacist-in-charge or applicant for
permit must submit the blueprint requirements to the
Delaware Board of Pharmacy and the Office of Narcotics
and Dangerous Drugs prior to any construction and at least
15 days prior to the next scheduled Board of Pharmacy
meeting for its review.
3.6 Security. When the pharmacist is off duty and the
operation is open for business, the pharmacy department
shall be physically or electronically secured from floor to
ceiling. The partitioned off section required by 24 Del.C.
§2534 must be five feet high measured from the floor. A
conspicuous sign with letters not less than three inches in
height, reading "PRESCRIPTION LABORATORY
TEMPORARILY CLOSED, NO PROFESSIONAL
SERVICES RENDERED," or words of similar import, must
be posted in the front section of the operation or in front of
the prescription area, room or partitioned off section where it
can be seen by the public.
3.7 Board Interview. Applicants for permit to operate a
pharmacy in the State of Delaware must appear before the
Board for an interview. The owner or authorized official
must be present in addition to the pharmacist-in-charge.
Whenever there is a change of pharmacist-in-charge, if that
person has never held that position in the State of Delaware,
he/she must appear before the Board for an interview within
ninety days after assuming the position.
Regulation 3.5.2 revised 6/16/97
Regulation 3.5.6 revised Effective date 10/11/98
See 2 DE Reg. 683 (10/1/98)
See 6 DE Reg. 488 (10/1/02)
DEPARTMENT OF AGRICULTURE
THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10103 (3 Del.C. §10103)
The Commission issues these proposed rules pursuant to
3 Del.C. 10103 and 29 Del.C. 10115. The Commission will
accept written comments from May 1, 2003 through May 30,
2003. The Commission will hold a public hearing on the
proposed rule amendments on May 21, 2003 at 11:00 a.m. at
Delaware Park, 777 Delaware Park Boulevard, Wilmington,
DE. Written comments should be submitted to John Wayne,
Administrator of Racing, Department of Agriculture, 2320
S. DuPont Highway, Dover, DE 19901.
The Commission proposes the following three rule
amendments: 1) amend Rule 1.28 to clarify that the
definition of a "Meeting" to include all race dates approved
by the Commission under 3 Del.C. 10122(c); 2) amend Rule
3.02(a) to clarify that the authority of the Stewards at the
Meeting shall be during the period as required by the
Commission; and 3) amend Rule 19.01(d) to provide that
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1420 PROPOSED REGULATIONS
one steward may hold a hearing during emergencies or
during periods when there is no live racing.
Part 1 -- Definitions and Interpretations
In the context of these Rules of Racing, the following
words and phrases shall be construed as having the following
special meanings:
1.01 Added money:
Cash, exclusive of trophy or other award, added by the
Licensee to stakes fee paid by subscribers to form the total
purse for a stakes race.
1.02 Age:
The number of years since a horse was foaled, reckoned
as if such horse were foaled on January 1 of the year in
which such horse was foaled.
1.03 Arrears:
All sums due by any permittee or registrant as reflected
by his account with the Licensee or the Horsemen's
Bookkeeper, including subscriptions, jockey fees,
forfeitures, and any default incident to these rules.
1.04 Authorized Agent:
Any person currently registered as an agent for a
registered-owner principal by virtue of a notarized
appointment of agency properly and fully lodged with the
Licensee.
1.05 Betting Interest:
A single horse, or more than one horse joined as a
"mutuel entry" or joined in the "mutuel field", on which a
single pari-mutuel wager may be placed.
1.06 Bleeder:
Any horse known to have bled from its nostrils during a
workout or race or is found to have bled internally by
endoscopic examination. See Rule 15.02, Paragraph (a).
1.07 Breeder:
Owner of the dam of a horse at the time such horse was
foaled. A horse is "bred" at the place of its foaling.
1.08 Claiming Race:
Any race in which the ownership of every horse running
therein may be transferred in conformity with these Rules.
1.09 Closing:
Time published by the Licensee after which entries for a
race will not be accepted.
1.10 Commission:
The Delaware Thoroughbred Racing Commission.
"Commissioner" is a member of the Commission.
1.11 Day:
Any 24-hour period beginning at 12:01 a.m. and ending
at midnight. "Racing Day" is a day on which races are
conducted. "Calendar Days" are those consecutive days
counted irrespective of number of "Racing Days."
1.12 Declaration:
Withdrawal of a horse entered in a race prior to time of
closing of entries therefor in conformance with these Rules.
1.13 Disciplinary Action:
That action taken by the Stewards, by the Licensee, or
by the Commission, for a Rule violation; it can include
suspension, revocation, voidance of a permit, authorization
or registration, ejection or exclusion from the Licensee's
grounds, or assessment of a forfeiture, or reprimand, or any
combination thereof.
1.14 Disqualification:
An order of the Stewards revising the order of finish of a
race.
1.15 Entry:
The act of nominating a horse for a race in conformance
with these Rules. See "Mutuel Entry".
1.16 Equipment:
Accouterments, other than ordinary saddle, girth, pad,
saddle cloth, and bridle carried by a horse, include whip,
blinkers, tongue strap, muzzle, hood, noseband, bit, shadow
roll, martingale, breast plate, bandages, boots, and racing
plates or shoes.
1.17 Exhibition Race:
A race between horses of diverse ownership for which a
purse is offered by the Licensee, but on which no parimutuel
wagering is permitted.
1.18 Field or Mutuel Field:
A single betting interest involving more than one horse
which is formed when the number of horses starting a race
exceeds the numbering capacity of the totalizator and where
all horses of a higher number are grouped in the "mutuel
field".
1.19 Forfeit:
Money due by a permittee, registrant or other person to
whom these Rules apply because of an error, fault, neglect of
duty, breach of contract, or alternative order of the Stewards.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1421
1.20 Handicap Race:
A race in which the weights to be carried by the horses
therein are assigned by the Licensee's Handicapper with the
intent of equalizing the chances of winning for all horses
entered. A "free handicap" is a handicap for which no
nominating fee is required to be weighted, but an entrance
and/or starting fee may be required for starting therein.
1.21 Horse:
Any Thoroughbred, whether mare, gelding, colt or filly,
which is registered as such with the Jockey Club in
Lexington, Kentucky, or, for Steeplechase racing purposes,
by the National Steeplechase Association in Fair Hill,
Maryland and any Arabian whether mare, gelding, colt or
filly which is registered as such with the Arabian Horse
Registry of America, Inc. in Westminster, Colorado and for
which an Identification Supplement has been issued.
In these rules of racing, unless otherwise noted, the use
of the word "Thoroughbred" shall likewise apply to Arabian
horses.
1.22 Ineligible:
A horse or person not qualified, not permitted, or not
authorized under these Rules or conditions of a race to
participate in a specified racing activity.
1.23 Jockey:
A rider currently authorized to ride in races as a Jockey,
or Apprentice Jockey, or Amateur Jockey, or a provisional
Jockey permitted by the Stewards to ride in two races prior
to applying for a permit.
1.24 Lessee:
A registered Owner whose interest in a horse is a
leasehold.
1.25 Licensee:
Any person, or persons, or corporation, licensed by the
Commission to conduct a recognized race meeting at a
particular racetrack within this State. When used herein, the
word refers to that Licensee of the racetrack at which any
matter or thing calling for the application of these Rules
arises or occurs.
1.26 Maiden:
With respect to flat races, a horse which has never won a
flat race at a recognized meeting in any country; a "maiden"
which was disqualified after finishing first remains a
"maiden"; race conditions referring to "maidens" shall be
interpreted as meaning "maidens" at the time of starting.
In flat races a horse is still a maiden though a winner of
a steeplechase or hurdle race, and in steeplechase and hurdle
races a horse is still a maiden though a winner on the flat.
1.27 Match Race:
A race between two horses for which no other horses are
eligible.
1.28 Meeting:
The entire period of consecutive days, exclusive of dark
days, granted by the Commission to a Licensee for the
conduct of racing, beginning at 12:01 a.m. of the first racing
day and extending through a period ending at 11:59 p.m.
after the last scheduled race on the last day, which includes
all race dates approved by the Commission under 3 Del. C.
§10122(c) including racing dates limited exclusively to the
receiving and accepting of wagers or bets on electronically
televised simulcasts. See "Recognized Meeting".
Rule 1.28 Rev. March 1976.
1.29 Month:
A calendar month.
1.30 Mutuel Entry:
A single betting interest involving two or more horses
entered in the same race and joined for pari-mutual purposes
because of common ties as to ownership so that a wager on
one horse joined in a "mutuel entry" is a wager on all horses
joined in the same "mutuel entry".
1.31 Mutuel Field:
See "Field".
1.32 Nominator:
The person in whose name a horse is entered for a race.
1.33 Owner:
Any person who holds, in whole or in part, any right,
title, or interest in a horse, or any lessee of a horse, who has
been duly registered and approved by Licensee as a person
responsible for such horse.
1.34 Permittee:
Any person authorized by or registered with and
approved by Licensee to participate in any designated way in
racing at the location where Licensee is authorized to
conduct a racing meet. See "Registrant".
1.35 Place:
When used in the context of a single position in the
order of finish in a race, "Place" means second; when used in
the context of a pari-mutuel wagering, a "Place" wager is one
involving a payoff on a betting interest which finished first
or second in a race; when used in the context of multiple
positions in the order of finish in a race, "Place or Placing"
means finishing first, or second, or third. See "Unplaced".
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1422 PROPOSED REGULATIONS
1.36 Post:
The starting point of a race.
1.37 Post Position:
The relative place assigned to each horse, numbered
from the inner rail across the track at the starting line, from
which each horse is to start a race.
1.38 Post Time:
The advertised moment scheduled for the arrival of all
horses at the starting point for a race.
1.39 Prize:
The combined total of any cash, plate, purse, premium,
stake, trophy, reward or object of value awarded to the
Owners of horses according to order of finish in a race. No
race shall be authorized or permitted for a purse, stake or
reward of less than $700.00, except in the event of a split
race, in which case the purse, stake or reward shall be
equally divided.
Rule 1.30 Rev. July 1977.
1.40 Purse:
The gross cash portion of the prize for which a race is
run.
1.41 Purse Race:
Any race for which entries close less than 72 hours prior
to its running, and for which Owners of horses entered are
not required by its conditions to contribute money toward its
purse.
1.42 Race:
A running contest between horses, ridden by Jockeys,
over a prescribed course, at a recognized meeting, during
regular racing hours, for a prize.
1.43 Racing Official:
Any person appointed and designated as such, and
authorized to perform the duties prescribed, by the Licensee
of any race meeting authorized by the Commission.
1.44 Recognized Meeting:
Any meeting with regularly scheduled races for horses
on the flat or over jumps, licensed by and conducted under
rules promulgated by a governmental body, including any
such authority which has reciprocal relations with the Jockey
Club of Lexington, Kentucky, whose race records can be
provided to a Licensee by the Jockey Club and any such
authority which has reciprocal relations with the American
Horse Registry of America, Inc. inWestminster, Colorado.
1.45 Registrant:
Synonymous with "Permittee".
1.46 Registration Certificate:
A document issued by the Jockey Club of Kentucky
certifying as to the name, age, color, sex, pedigree and
breeder of a horse as registered by number with the Jockey
Club, shall be deemed to refer also to the document known
as a "racing permit" issued by the Jockey Club in lieu of a
"registration certificate" when a horse is recognized as a
Thoroughbred for racing purposes in the United States, but is
not recognized as a Thoroughbred for breeding purposes
insofar as registering its progeny with the Jockey Club.
1.46(a) Reward: Any non-monetary prize, as defined in
Rule 1.39, with a monetary value in excess of $2,500.00, as
determined by the fair market value of the prize, given to
competitors in a race as an incentive to win, place or show.
The fair market value of any prize shall be determined
by the commission. Evidence of fair market value shall
include purchase price and resale value.
Rule 1.46(a) adopted 11/30/94.
1.47 Rules:
When used in the plural, shall be deemed to mean all
current "Rules" promulgated by the Commission; when used
in the singular, shall be deemed to be confined to the
numbered "Rule", and subparagraphs thereof, wherein such
mention is made.
1.48 Rulings:
All determinations, decisions, or orders of the Stewards
duly issued in writing and posted.
Rule 1.48 Rev. March 1976.
1.49 Scratch:
Withdrawal of a horse entered for a race after time of
closing of entries therefor in conformance with these Rules.
1.50 Scratch Time:
Time set by Licensee's Racing Secretary as a deadline
for horsemen to indicate their desire to scratch out of a race.
1.51 Specimen:
Sample of blood, urine or saliva taken or drawn from a
horse for chemical testing.
1.52 Stakes:
All fees paid by subscribers to an added-money or
stakes race for nominating, eligibility, entrance, or starting,
as may be required by the conditions of such race, such fees
to be included in the purse.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1423
1.53 Stakes Race:
A race which closes more than 72 hours in advance of
its running and for which subscribers contribute money
towards its purse.
1.54 Starters:
When referring to a horse -- a horse in a race when the
starting-gate doors open in front of it at the moment the
Starter (a Racing Official) dispatches the horses for a race.
1.55 Stewards:
Duly appointed Racing Officials with powers and duties
as provided by these Rules.
1.56 Subscription:
Nomination or entry of a horse in a stakes race.
1.57 Thoroughbred Racing:
The conduct of running contests between horses, each of
which is registered with the Jockey Club in Lexington,
Kentucky and certified as having a Thoroughbred pedigree,
or which is registered and certified by any other authority
recognized by the commission, and each of which is ridden
by a Jockey, under the auspices of an appropriate
governmental regulatory body which has jurisdiction over
such.
1.57(a) Trophy or Plate:For the purpose of calculating a
prize or reward, a perpetual trophy or plate shall have no
monetary value.
No trophy or plate shall be considered a reward, as
defined by these rules and 3 Del. C §10121 and 10141(c),
unless the trophy or plate has a monetary value exceeding
$2500.00.
The fair value market of any trophy or plate shall be
determined by the commission. Evidence of fair market
value shall include purchase price and resale value.
Rule 1.57(a) adopted 11/30/94.
1.58 Unplaced:
Not among the first three horses finishing a race.
1.59 Walkover:
A race in which the only starter or all starters represent a
single ownership.
1.60 Weigh In:
Presentation of a Jockey to the Clerk of Scales for
weighing after a race.
Rule 1.57 Rev. March 1974.
1.61 Weigh Out:
Presentation of a Jockey to the Clerk of Scales for
weighing prior to a race.
1.62 Weight for Age:
A standard assignment of pounds to be carried by horses
in races at specified distances during specified months of the
year, scaled according to the age of the horse, as set out
hereinafter in these Rules.
1.63 Workout:
A training exercise of a horse on the training or main
track of a Licensee during which such horse is timed for
speed over a specified distance.
1.64 Year:
Twelve consecutive months beginning with January and
ending with December.
1.65 Mandatory Safety Equipment: Helmets and Vests
The helmets and vests that are to be worn while riding
astride a horse or pony at any time, for any reason, while on
the grounds of a racetrack that comes under the jurisdiction
of the Delaware Racing Commission.
Rule 1.65 adopted 11/30/94.
PART 3 -- STEWARDS
3.01 Qualifications for Stewards:
No person shall qualify for appointment or approval as a
Steward unless:
(a) 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 must also have been previously
employed as a steward, patrol judge, clerk of scales or other
racing official at a thoroughbred 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
jockey who has not less than one year as a licensed racing
official at a thoroughbred racing meeting or have ten years of
experience as a licensed thoroughbred trainer who has
served not less than one year as a licensed racing official at a
thoroughbred racing meeting.
(b) He is a person of good moral character and
unblemished reputation.
See 2 DE Reg. 2042 (5/1/99)
3.02 Appointment of Stewards:
There shall be three Stewards at each race meeting, each
of whom shall be appointed by the Commission. If required
by the Commission, biographical data setting out the
experience and qualifications of the nominees shall be
provided to the Commission by the Licensee. No Steward
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1424 PROPOSED REGULATIONS
shall serve until approved by the Commission.
(a) Stewards shall serve from one minute after
midnight on the day before the first racing day until one
minute before midnight on the day after the last racing day of
the race meeting for which they are appointed; provided, in
the event a dispute or controversy arises during a race
meeting which is not settled at the conclusion of the race
meeting, then the power of the Stewards shall be extended
over the period necessary to resolve the matter, or until the
matter is referred or appealed to the Commission; during the
period of the Meeting as required by the Commission
(b) Stewards may be replaced by the Commission at
any time for failure to perform their duties properly and
diligently;
(c) In the event that during a racing meet a Steward
becomes ill, resigns, or is unable to serve for any reason,
then the remaining Stewards, after obtaining approval of the
Commission, shall nominate a successor or temporary
Steward to the Commission for approval. In emergencies, a
single Commissioner by telephone may approve
appointment of a successor Steward.
See 4 DE Reg. 174 (7/1/00)
3.03 General Powers of the Stewards
The Stewards shall exercise immediate supervision,
control and regulation of racing at the race meeting for
which they are appointed. By way of illustration and
without in any way limiting them, the powers of the
Stewards shall include:
(a) Authority over all horses and all persons (except
members of the Commission and its representatives, and
except Licensee's management personnel and staff) on
Licensee's grounds during a race meeting as to all matters
relating to racing;
(b) To determine all questions, disputes, protests,
complaints, or objections concerning racing (as
distinguished from Licensee's business operations and
affairs) which arise during a race meeting, and to enforce
such determinations. All three Stewards shall be on
Licensee's grounds before post time for the first race until
conclusion of the last race. Except for good cause, all three
Stewards shall be present in the Stewards' stand during the
running of each race;
(c) It is preferred but not required that at least one
Steward, or a designated representative of the Stewards, be
present in the paddock at least 20 minutes before each race
and remain there until the horses leave for the starting gate,
to observe the conduct of all persons in and around the
paddock and to inspect, with the Paddock Judge and
Commission's Veterinarian, all horses for fitness;
(d) When requested by the Commission, to review all
applications for registrations or permits to participate in
racing, and, if requested by the Commission, to administer,
or cause to be administered by technically qualified persons,
standard examinations to all first-time applicants to be
registered as or receive a permit to be a Trainer, Jockey,
Apprentice Jockey, Veterinarian, Dental Technician, or
Farrier, and, when requested, make recommendations as to
the qualifications of all applicants for registrations or permits
to participate in racing;
(e) When requested by the Commission, to review all
licenses, registration certificates, and all contracts, papers,
and other documents pertaining to the sale or ownership of a
horse, payment of purse money, Jockey and Apprentice
Jockey contracts, appointments of agents, adoptions of
racing colors or stable name, and advise upon the eligibility
and appropriateness thereof for participation in racing in
Delaware;
(f) To call for proof of eligibility of a horse or person
to participate in a race if such is in question, and in the
absence of sufficient proof to establish eligibility, the
Stewards may rule such horse or person ineligible;
(g) To review stall applications and advise Licensee of
undesirable persons, if any, among Owners and Trainers
applying for stalls, and provide the Licensee with
information pertaining to such undesirable persons;
(h) To supervise the taking of entries and receive all
declarations and scratches, and determine all questions
arising and pertaining to same. The Stewards may in their
discretion refuse the entry of any horse by any person or
refuse to permit a declaration or scratch, or may limit entries
in any way. Upon suspicion of fraud or misconduct, the
Stewards may excuse a horse or replace any Jockey or
Trainer, or Racing Official other than a Steward;
(i) All other powers enumerated in these Rules,
together with such other powers as are necessary to promote
and maintain stringent standards for honesty, integrity, and
propriety for Thoroughbred Racing in Delaware.
See 4 DE Reg. 174 (7/1/00)
3.04 Duties and Responsibilities of Stewards:
In addition to the duties and responsibilities necessary
and pertinent to the general supervision, control and
regulation of race meetings, and without limiting the
authority of the Stewards to perform the same and other
duties enumerated in these Rules, the Stewards shall have
the following specific duties and responsibilities:
(a) To take cognizance of all misconduct or Rule
infractions irrespective of whether complained of; to cause
investigations to be made of all instances of possible Rule
infractions; and to take such action as the Stewards may
deem necessary to prevent a Rule infraction;
(b) At least one Steward, or his designated
representative, shall be on Licensee's grounds from scratch
time (or if not a racing day, when entries are first taken) until
entries are closed. At least one Steward shall be present for
the regular showing of racing films or video tapes.
(c) To suspend or revoke the registration or permit of a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1425
participant in racing, or eject or exclude from Licensee's
grounds or any part thereof any person, whether a registrant
or permittee or not, upon reasonable belief that a violation of
these Rules has or is about to occur;
(d) To interpret and enforce these Rules, and to
determine all questions pertaining to a racing matter not
specifically covered by these Rules in conformity with
justice and the customs of the turf;
(e) To issue decisions or rulings pertaining to racing
which shall, if the Stewards deem proper, vary any
arrangement for the conduct of a race meeting, to include
without limiting thereby, postponing a race, or canceling a
race, ruling a race run as "no contest", or the like;
(f) To request and receive assistance from the
Commission, Racing Officials, members of the
Thoroughbred Racing Protective Bureau, track security
police, state or local police, in the investigation of possible
Rule infractions;
(g) To conduct hearings on all questions concerning
racing matters;
(h) In the event a regularly named Jockey or Trainer or
Racing Official other than a Steward is unable for any reason
to perform, the Stewards may select a substitute therefor.
(i) To see that all pari-mutuel betting machines are
locked not later than the commencement of the race; to cause
the "Inquiry" sign to be posted on the infield odds board as
promptly as possible after the horses have crossed the finish
line in a race if any doubt is held by a Steward or Patrol
Judge as to the fairness of the running of such race; to cause
the "Objection" sign to be posted on the infield odds board
upon the lodging of same; to cause the "Official" sign to be
posted on the infield odds board after determining the
official order of finish for purposes of pari-mutuel payoff;
(j) To review the patrol films or video tapes of each
day's races before commencement of the successive day's
races, and to draw up a list of riders (including all
Apprentice Jockeys) whom the Stewards feel should review
such films for instructional purposes and cause same to be
posted in the Jockey's Room; the Patrol Judges shall assist in
making up the film list and attend all film showings
whenever their other duties permit;
(k) To maintain a daily log, reporting all actions taken
by the Stewards on all controversies which arise during the
day, such report to show name of track, date, weather, track
conditions, claims, results of blood, saliva or urine tests to
the extent available, rulings issued, and any other
circumstances or condition regarded as unusual, such reports
to be signed by all Stewards participating in such action and
filed within 24 hours at such place as the Commission may
designate;
(l) To make periodic inspections of the barn area and
check track security; to make occasional, informal visits to
the Jockeys' Room and observe weighing out and check
security; such inspections and observations so made shall be
noted in the Stewards' Report;
(m) To maintain a Minute Book which shall contain a
detailed written record of all questions, disputes, protests,
complaints or objections brought to the attention of the
Stewards, summary of interviews taken thereon, reports of
investigations thereon, together with rulings issued thereon;
if a ruling is not unanimous, the dissenting Steward shall
record his or her reasons for such dissent; such Stewards'
Minute Book shall be available to the Commission for
inspection at all times, but shall not be open to public
inspection;
(n) When requested to do so, the Stewards shall submit
to the Commission a written report setting out the condition
of the meeting and Licensee's grounds, together with any
recommendation for the improvement thereof which they
may deem appropriate.
(o) To impose fines upon any corporation, association
or person participating in any Thoroughbred horse race meet
at which pari-mutual wagering is conducted, other than as a
patron, and whether licensed or not by the Commission, for a
violation of any provision of 3 Del. C. chapter 101 or these
Rules and Regulations.
The Stewards may not impose a fine in excess of
$2500.00. If it is at any time deemed appropriate that a
larger fine should be imposed, the Stewards shall so
recommend to the Commission and shall refer the matter at
hand forthwith to the Commission. The Stewards shall have
the power to refer any matter before them to the Commission
at any time if it appears proper because of the complexity,
severity, uniqueness or extent of the activities involved or
likely to be involved. Included within these powers is the
authority to impose partial sanctions, such as a conditional
limitation on any person's use of facilities or of the
enclosure.
(p) In suspensions of jockeys for any offense other than
an offense involving fraud, the:
1. Effective date of the suspension is determined
at the discretion of the stewards; and
2. Jockeys serving a suspension of ten days or
less are permitted to ride in a designated race during the
period of a suspension if the:
(a) Race is a stakes race with a purse of
$25,000 or more;
(b) Jockey is named not later than at the time
set for the close of entries for the race; and
(c) Jockey agrees to serve an additional day of
suspension in place of the day in which the jockey rides in a
designated race.
Revised 10/20/93
Revised 5/26/93
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1426 PROPOSED REGULATIONS
PART 19 -- HEARINGS, REVIEWS AND APPEALS
19.01 Procedure Before Stewards:
(a) Before holding any Stewards' hearing provided for
under these Rules, notice in writing must be given to any
party charged with a violation, other than a routine riding
offense occurring in a race, unless such notice is waived in
writing by the person charged.
(b) The notice required by the preceding subsection
shall include:
1. Identification of the specific Rule or Rules
involved, the infraction for which he is charged and a brief
statement of the facts supporting such charge.
2. The time and place of hearing.
3. The statement that the party charged may be
represented by legal counsel or by a representative of any
racing trade organization of which he is a member.
(c) All Stewards' hearings shall be closed and the
Stewards shall cause no public announcement to be made
concerning a matter under investigation until the conclusion
of the hearing and the party charged has been notified of the
decision.
(d) The hearing shall be conducted by no less than two
of the Stewards in such a manner as to ascertain and
determine the substantial rights of the parties involved and
shall not be bound by technical rules of procedure and
evidence. In emergencies during the live racing meet or
during periods when there is no live racing, a hearing may be
conducted by only one Steward.
(e) All testimony at such hearings shall be given under
oath. A record shall be made of the hearing, either by use of
a tape recorder or by court reporter's transcript, or otherwise,
if funds for such are made available from any source. The
Stewards will not be required to receive testimony under
oath in cases where their ruling is based upon a review of the
video tapes of a race.
(f) If, at the conclusion of their hearing, the Stewards
find that a Rule has been violated, they promptly shall issue
a written ruling which sets forth the name of every person
charged with a violation, the Rule violated, their finding as
to the violation of such Rule and the penalty affixed. Copies
of such rulings shall be delivered to each party in interest and
to the Commission and the Licensee, and posted in the
Racing Secretary's office.
19.02 Review and Appeal:
Any party who is penalized by any order or ruling of the
Stewards may apply to the Commission for a review of such
Stewards' order or ruling.
19.03 Application for Review:
An application to the Commission for the review of a
Steward's order or ruling must be made within forty-eight
(48) hours after such order or ruling is issued by written or
oral notice and shall:
(a) Be in writing and addressed to the Commission's
Administrator of Racing, accompanied by a filing fee in the
amount of $250;
(b) Contain the signature of the applicant and the
address to which notices may be mailed to applicant;
(c) Set forth the order or ruling requested to be
reviewed and the date thereof;
(d) Succinctly set forth the reasons for making such
application;
(e) Request a hearing;
(f) Briefly set forth the relief sought; and
(g) Provide assurance to the Commission that all
expenses occasioned by the appeal will be borne by the
applicant; and
(h) Contain a sworn, notarized statement that the
applicant has a good faith belief that the appeal is
meritorious and is not taken merely to delay the penalty
imposed by the stewards.
See 3 DE Reg. 1542 (5/1/00)
19.04 Disposition of Review Application:
After consideration of any such application for review,
the Commission may grant the application, defer it or reject
it. The applicant shall be advised of the Commission's
disposition of his application for review.
19.05 Commission Hearing:
If the Commission grants any such application for
review, before holding any hearing thereon, it shall:
(a) Give written notice forthwith to the applicant and
all other necessary parties personally or by mail, including:
1. Time and place of such hearing as designated
by the Commission Chairman, but such time shall not be less
than five (5) days and no more than thirty (30) days after
service of notice unless at the request of a party and in order
to provide a fair hearing.
2. Except to applicant, a copy of the application
for review.
(b) The Commission may request the Attorney General
to appoint a special prosecutor to carry the burden of proof
showing a Rule violation if the matter involves a Rule
violation and requires a proceeding of an adversary nature,
such prosecutor being an attorney who has had no prior
participation in the matter on review.
The Commission may request the Attorney General, or a
member of his staff other than the special prosecutor, to
serve as law officer for the Commission to assist the
presiding officer in rendering decisions of a judicial nature.
(c) The Commission shall permit all parties that so
desire to be represented by counsel and, to the extent it
deems necessary or appropriate, shall permit all parties to
respond and present evidence and argument on all issues
involved.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1427
(d) The Commission may issue, under the hand of its
Chairman and the seal of the Commission, subpoenas for the
attendance of witnesses and the production of books, papers
and documents, before the Commission, and may administer
oaths or affirmations to the witnesses whenever, in the
judgment of the Commission, it may be necessary for the
effectual discharge of its duties.
If any person refuses to obey any subpoena or to testify
or produce any books, papers or documents, then any
Commissioner may apply to the Superior Court of the county
in which he or the Commission may be sitting and,
thereupon, the Court shall issue its subpoena requiring the
person to appear and to testify or produce any books, papers
or documents.
Whoever fails to obey or refuses to obey a subpoena of
the Superior Court shall be guilty of contempt of court and
shall be punished accordingly.
False swearing on the part of any witness shall be
deemed perjury and shall be punished as such.
(e) All tape recordings or stenographic recordings
taken and transcriptions made of the hearing or any part
thereof shall be paid for by such parties as request that such a
tape or stenographic record be made of the hearing, except
that additional transcripts thereof shall be paid for by the
person desiring such copies.
(f) The Commission may exclude evidence that is
irrelevant, immaterial or unduly repetitious and may admit
evidence that would be inadmissible under the Civil Rules of
Procedure but is evidence of the type commonly relied upon
by reasonably prudent men in the conduct of their affairs.
(g) All or part of the evidence may be received in
written form if the interest of the appearing parties will not
be substantially prejudiced thereby.
(h) The Commission may take official notice of
technical facts or customs or procedures common to racing.
(i) The Commission may make an informal disposition
of the matter by stipulation, agreed settlement, consent order
or default.
(j) Upon conclusion of the hearing, the Commission
shall take the matter under advisement, shall render a
decision as promptly as possible and shall issue a ruling in
final adjudication of the matter. Such ruling shall set forth
the name of every person charged with a Rule violation; the
Rule number and pertinent parts of the Rule alleged to have
been violated; a separate statement of reasons for the
decision; and penalties fixed by the Commission, if any.
Copies of such ruling shall be delivered to each party in
interest, posted in the Racing Secretary's office of the
Licensee where the matter arose and forwarded to the
national office of the National Association of State Racing
Commissioners.
(k) The Commission, for just cause, may refund the
filing fee to the applicant.
Added: 9/27/94
19.06 Continuances:
(a) All applications for a continuance of a scheduled
hearing shall be in writing, shall set forth the reasons
therefor and shall be filed with the Commission's
Administrator of Racing after giving notice of such
application by mail or otherwise to all parties or their
attorneys, including counsel for the stewards. The
Commission will not consider any continuance request from
counsel for an appellant unless counsel has filed a written
entry of appearance with the Commission. For attorneys
who are not members of the Delaware bar, those attorneys
must comply with the provisions of Delaware Supreme
Court Rule 72 for admission pro hac vice before the
Commission. The Commission will not consider any
continuance request from attorneys who are not members of
the Delaware bar unless and until that attorney has been
formally admitted under Delaware Supreme Court Rule 72
as the attorney of record for the appellant.
(b) When application is made for continuance of a
cause because of the illness of an applicant, witness or
counsel, such application shall be accompanied by a medical
certificate attesting to such illness and inability.
(c) An application for continuance of any hearing must
be received by the Commission at least ninety-six (96) hours
prior to the time fixed for the hearing. An application
received by the Commission within the 96-hour period will
not be granted except for extraordinary reasons. The
Commission will not consider any request for a continuance
absent evidence of good cause for the request. A failure by
an appellant to take reasonable action to retain counsel shall
not be considered good cause for a continuance.
(d) If the Commission approves the application for
continuance, it shall, concurrently with such postponement,
set a date for the continued hearing.
See 3 DE Reg. 1542 (5/1/00)
DEPARTMENT OF EDUCATION
14 DE Admin. Code 101
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
Education Impact Analysis
Pursuant To 14 DEL. C. Section 122(d)
101 Delaware Student Testing Program
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
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1428 PROPOSED REGULATIONS
State Board of Education to amend regulation 101 Delaware
Student Testing Program. The amendment to 2.0 Levels of
Performance adds the statement "Beginning with the 2006
assessments, there shall be the same five levels of
performance for students in grades 2, 4, 6, 7 and 9 in reading,
mathematics and writing". The amendments to the last
sentence of 2.1 through 2.5 simply remove the reference to
the standard setting process. The amendment to 4.1.1
clarifies the reasons for assigning an Individual
Improvement Plan to a student. These changes reflect
changes made to state and federal statutes.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation continues to help
improve student achievement and is being amended to
comply with changes in federal and state laws.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation continues to help insure that all students receive
an equitable education and is being amended to comply with
changes in state and federal laws.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses the state's student testing
program and is being amended to comply with changes in
state and federal laws.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
addresses the state's student testing program and is being
amended to comply with changes in state and federal laws.
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 within
the requirements of state and federal laws.
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, because of the changes in the state and
federal laws, does increase some of the reporting
requirements and administrative responsibilities 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 state accountability
program 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 continues to 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 state statute
requires the Department of Education to promulgate this
regulation.
10. What is the cost to the State and to the local school
boards of compliance with the regulation? The changes to
the state and federal statutes will probably increase costs to
local school boards but additional funds are available from
the federal government.
101 Delaware Student Testing Program
1.0 Definition: The Delaware Student Testing Program
(DSTP) shall include the assessments of all students in
grades K-10 in the areas of reading, writing and mathematics
and the assessments of all students in grades 4, 6, 8, and 11
in the areas of science and social studies. The DSTP shall
also include the participation of Delaware students in the
National Assessment of Educational Progress (NAEP) as
determined by the Department of Education. All districts
and charter schools shall participate in all components of the
DSTP including field test administrations.
1.1 All students in said grades shall be tested except
that students with disabilities and students with limited
English proficiency shall be tested according to the
Department of Education's Guidelines for the Inclusion of
Students with Disabilities and Students with Limited English
Proficiency, as the same, may from time to time be amended
hereafter.
1.2 The Department of Education shall determine the
dates upon which the DSTP will be administered, and will
advise the school districts and charter schools of those dates.
2.0 Levels of Performance: There shall be five levels of
student performance relative to the State Content Standards
on the assessments administered to students in grades 3, 5, 8
and 10 in reading, mathematics and writing and to students
in grades 4, 6, 8 and 11 in social studies and science.
Beginning with the 2006 assessments, there shall be the
same five levels of performance for students in grades 2, 4,
6, 7 and 9 in reading, mathematics and writing. Said levels
are defined and shall be determined as follows:
2.1 Distinguished Performance (Level 5): A student's
performance in the tested domain is deemed exceptional.
Students in this category show mastery of the Delaware
Content Standards beyond what is expected of students
performing at the top of the grade level. Student
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1429
performance in this range is often exemplified by responses
that indicate a willingness to go beyond the task, and could
be classified as "exemplary." The cut points for
Distinguished Performance shall be determined by the
Department of Education, with the consent of the State
Board of Education, using test data and the results from the
Standard Setting process.
2.2 Exceeds the Performance Standard (Level 4): A
student's performance in the tested domain goes well beyond
the fundamental skills and knowledge required for students
to Meet the Performance Standard. Students in this category
show mastery of the Delaware Content Standards beyond
what is expected at the grade level. Student performance in
this range is often exemplified by work that is of the quality
to which all students should aspire, and could be classified as
"very good." The cut points for Exceeds the Performance
Standard shall be determined by the Department of
Education, with the consent of the State Board of Education ,
using advice from a standard setting body. The standard
setting body shall utilize a proven method for setting
standards on test instruments that utilizes student work in
making the recommendation.
2.3 Meets the Performance Standard (Level 3): A
student's performance in the tested domain indicates an
understanding of the fundamental skills and knowledge
articulated in the Delaware Content Standards. Students in
this category show mastery of the Delaware Content
Standards at grade level. Student performance in this range
can be classified as "good." The cut points for Meets the
Performance Standard shall be determined by the
Department of Education, with the consent of the State
Board of Education, using advice from a standard setting
body. The standard setting body shall utilize a proven
method for setting standards on test instruments that utilizes
student work in making the recommendation.
2.4 Below the Performance Standard (Level 2): A
student's performance in the tested domain shows a partial or
incomplete understanding of the fundamental skills and
knowledge articulated in the Delaware Content Standards.
Students who are Below the Performance Standard may
require additional instruction in order to succeed in further
academic pursuits, and can be classified as academically
"deficient." The cut points for Below the Performance
Standard shall be determined by the Department of
Education, with the consent of the State Board of Education,
using test data and the results from the Standard Setting
process.
2.5 Well Below the Performance Standard (Level 1): A
student's performance in the tested domain shows an
incomplete and a clearly unsatisfactory understanding of the
fundamental skills and knowledge articulated in the
Delaware Content Standards. Students who are Well Below
the Performance Standard have demonstrated broad
deficiencies in terms of the standards indicating that they are
poorly prepared to succeed in further academic pursuits and
can be classified as "very deficient." The cut points for Well
Below the Performance Standard shall be determined by the
Department of Education, with the consent of the State
Board of Education, using test data and the results from the
Standard Setting process.
3.0 Other Indicators of Student Performance
3.1 Local school districts and charter schools may
consider other indicators of student performance relative to
the state content standards pursuant to 14 Del.C. §153(b)
when determining the placement of students who score at
Level 1 or Level II on a mandated retake of a portion of the
DSTP. The only other indicators of student performance that
may be considered by a local school district or charter school
are: student performance on district administered tests
pursuant to 14 Del.C. §153(e)(1); student performance on
end-of-course assessments; student classroom work products
and classroom grades supported by evidence of student work
that demonstrates a student's performance pursuant to 14
Del.C. §153(a).
3.2 Any local school district or charter school planning
to use other indicators of student performance shall submit
the proposed indicators to the Department of Education by
September 1st of each year.
3.2.1 Any such submission must include a
demonstration of how an indicator of student performance
aligns with and measures state content standards and the
level of performance required to demonstrate performance
equivalent to meeting state content standards.
3.2.2 Any proposed indicators of student
performance must be approved by the Department of
Education following consultation with the Student
Assessment and Accountability Committee and the State
Board of Education.
3.3 An academic review committee composed of
educators in the student's local school district or charter
school may then determine if a student has demonstrated
proficient performance relative to the state content standards
using evidence from the other indicators of student
performance as approved by the Department of Education.
3.3.1 The academic review committee shall be
composed of two classroom teachers from the student's
tested grade, one classroom teacher from the grade to which
the student may be promoted, one guidance counselor or
other student support staff member and two school building
administrators.
3.3.2 The supervisor of curriculum or
instruction for the school district or charter school or his/ her
designee shall chair the committee.
3.3.3 Placement of students with disabilities
who are eligible for special education and related services is
determined by the student's IEP team.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1430 PROPOSED REGULATIONS
4.0 Individual Improvement Plan (IIP)
4.1 The following students are required to have an
Individual Improvement Plan: Students who score below
Level 3 Meets the Standard, on the reading portion of the 3rd,
5th or 8th grade Delaware Student Testing Program or the
mathematics portion of the 8th grade Delaware Student
Testing Program shall have an Individual Improvement Plan
prepared by school personnel and signed by the teacher(s),
principal or designee and a parent or legal guardian of the
student.
4.1.1 Students assessed on the DSTP in grades
K, 1, 2, 4, 6, 7, and 9 who are not progressing satisfactorily
toward the standards or who score at Level1 or Level 2 in
reading shall have an Individual Improvement Plan prepared
by school personnel and signed by the teacher(s), principal
or designee and a parent or legal guardian of the student.
Students assessed on the DSTP in grades 6, 7, and 9 who are
not progressing satisfactorily toward the standards or who
score at Level 1 or Level 2 in mathematics shall have an
Individual Improvement Plan prepared by school personnel
and signed by the teacher(s), principal or designee and a
parent or legal guardian of the student.
4.2 The Individual Improvement Plan shall be on a
form adopted by the student's school district or charter
school. The IIP shall be placed in a student's cumulative file
and shall be updated based on the results of further
assessments. Such assessments may include further DSTP
results as well as local assessments, classroom observations
or inventories. For students with an Individualized
Education Program (IEP), the IEP shall serve as the
Individual Improvement Plan (IIP).
4.3 The Individual Improvement Plan shall at a
minimum identify a specific course of study for the student
that the school will provide and the academic improvement
activities that the student shall undertake to help the student
progress towards meeting the standards. Academic
improvement activities may include mandatory participation
in summer school, extra instruction and/or mentoring
programs.
4.4 Individual Improvement Plan shall be prepared by
school personnel and signed by the teacher(s), principal or
designee and the parent or legal guardian of the student. A
parent or the student's legal guardian must sign and return a
copy of the student's Individual Improvement Plan to the
student's school by the end of the first marking period.
4.5 Disputes initiated by a student's parent or legal
guardian concerning the student's IIP shall be decided by the
academic review committee. Any dispute concerning the
content of a student's IEP is subject to resolution in
conformity with the Regulations, Children with Disabilities.
5.0 Summer school programs for students in grades 3, 5,
and 8 as required pursuant to 14 Del.C. § 153.
5.1 Summer school programs shall be provided by the
student's district of residence with the following exceptions:
5.1.1 Where a student attends another district as
a result of school choice or attends a charter school the
district of choice or charter school shall provide the summer
school program.
5.1.2 Where by mutual agreement of both
districts or a charter school and the parent or guardian of the
student another district provides services.
5.1.3 Where by mutual agreement of the
student's school district or a charter school and the student's
parent or guardian, the parent or guardian arranges for
summer school instruction to be provided outside the public
school system. Under such conditions the parent or guardian
shall be responsible for the cost of providing non-public
school instruction unless the districts or the charter school
and parents or guardian agree otherwise. Requirements for
secondary testing shall be met.
5.1.4 Where a student has been offered
admission into a vocational technical school district or
charter school that district or charter school may provide
summer school services.
6.0 High School Diploma Index As Derived from the 10th
Grade Assessments Pursuant to 14 Del.C. § 152.
6.1 Students who graduate from a Delaware public high
school, as members of the class of 2004 and beyond shall be
subject to the diploma index as stated herein.
6.1.1 Beginning in 2002 for the graduating class
of 2004, the Department shall calculate a diploma index
based upon the student's grade 10 Delaware Student Testing
Program performance levels in reading, writing, and
mathematics.
6.1.2 Beginning in 2005 for the graduating class
of 2006, the Department shall calculate a diploma index
based upon the student's grade 10 Delaware Student Testing
Program performance levels in reading, writing,
mathematics and the grade 11 Delaware Student Testing
Program performance levels in science and social studies.
6.2 A student may choose to participate in additional
scheduled administrations of the DSTP in order to improve
his/her diploma index. The highest earned performance
level in each content area will be used in calculating the
diploma index.
6.3 The diploma index shall be calculated by
multiplying the earned performance level in each content
area by the assigned weight and summing the results.
6.3.1 Beginning with the year 2002, the
assigned weights shall be .40 for reading, .40 for
mathematics, and .20 for writing for the graduating class of
2004.
6.3.2 Beginning with the year 2005, the
assigned weights shall be .20 for reading, .20 for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1431
mathematics, .20 for writing, .20 for science and .20 for
social studies for the graduating class of 2006.
6.4 Students shall qualify for State of Delaware High
School diplomas as follows:
6.4.1 A student shall be awarded a
Distinguished State Diploma upon attainment of a diploma
index greater than or equal to 4.0 provided that the student
has attained a Performance Level 3 or higher in each content
area and provided that the student has met all other
requirements for graduation as established by the State and
local districts or charter schools.
6.4.2 A student shall be awarded a Standard
State Diploma upon attainment of a diploma index greater
than or equal to 3.0 and provided that the student has met all
other requirements for graduation as established by the State
and local districts or charter schools.
6.4.3 A student shall be awarded a Basic State
Diploma upon attainment of a diploma index less than 3.0
and provided that the student has met all other requirements
for graduation as established by the State and local districts
or charter schools.
6.5 Parent or Guardian Notification: Within 30 days of
receiving student performance levels and/or diploma indices,
school districts and charter schools shall provide written
notice of the same and the consequences thereof to the
student's parent or legal guardian.
7.0 Security and Confidentiality: In order to assure uniform
and secure procedures, the Delaware Student Testing
Program shall be administered pursuant to the Delaware
Student Testing Program Coordinators Handbook, as the
same, may from time to time be amended hereafter.
7.1 Every district superintendent, district test
coordinator, school principal, school test coordinator and test
administrator shall sign the certification provided by the
Department of Education regarding test security before,
during and after test administration.
7.2 Violation of the security or confidentiality of any
test required by the Delaware Code and the Regulations of
the Department of Education shall be prohibited.
7.3 Procedures for maintaining the security and
confidentiality of a test shall be specified in the appropriate
test administration materials in 14 Del.C. §170 through
§174.
7.4 Procedures for Reporting Security Breaches
7.4.1 School Test Coordinators shall report any
questionable situations to the District Test Coordinators
immediately.
7.4.2 District Test Coordinators shall report all
situations immediately to the State Director of Assessment
and Analysis.
7.4.2.1 Within 5 days of the incident the
District Test Coordinator shall file a written report with the
State Director of Assessment and Analysis that includes the
sequence of events leading up to the situation, statements by
everyone interviewed, and any action either disciplinary or
procedural, taken by the district.
7.4.2.2 Following a review of the report by
the State Director of Assessment and Analysis and the
Associate Secretary of Education for Assessment and
Accountability, an investigator from the State Department of
Education will be assigned to verify the district report.
7.4.2.3 Within 10 days of the receipt of the
report from the District Test Coordinator, the assigned
investigator shall meet with the district personnel involved in
the alleged violation. The meeting will be scheduled through
the District Test Coordinator and the investigator shall be
provided access to all parties involved and/or to any
witnesses.
7.4.2.4 The investigator shall report the
findings to the Associate Secretary for Assessment and
Accountability. Following the review the Associate
Secretary shall make a ruling describing any
recommendations and or required actions.
7.4.2.5 The ruling shall be delivered within
10 days of the receipt of all reports and information and
records shall be kept of all investigations.
8.0 Procedures for reviewing questions and response sheets
from the Delaware Student Testing Program (DSTP)
8.1 School personnel, local school board members and
the public may request to review the Delaware Student
Testing Program (DSTP) questions. In order to review the
DSTP questions individuals shall make a request in writing
to the State Director of Assessment and Analysis for an
appointment at the Department of Education.
8.1.1 At the time of the appointment, the
individual shall: provide proper identification upon arrival,
sign a confidentiality document, remain with a Department
of Education staff member while reviewing the test
questions and take nothing out of the viewing area.
8.1.2 The Department of Education's
responsibility is to do the following: schedule the review at a
mutually agreeable time, notify the local district that the
review has been requested, review the procedures for
looking at the DSTP questions, assist the individual(s) as
requested and keep records of all reviews.
8.1.3 In cases where more than one individual is
requesting to view the DSTP questions, the local school
district shall send a representative to sit in on the review.
8.2 Parent/guardian(s) may request to view the test
questions and their student's responses. In order to review
the DSTP questions and their student's responses parents/
guardian(s) shall make a request in writing to the State
Director of Assessment and Analysis for an appointment at
the Department of Education. The Department shall be
allowed sufficient time to secure a copy of student responses
from the test vendor.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1432 PROPOSED REGULATIONS
8.2.1 At the time of the appointment, the
individual shall: provide proper identification upon arrival,
sign a confidentiality document, remain with a Department
of Education staff member while reviewing the test
questions and take nothing out of the viewing area.
8.2.2 The Department of Education's
responsibility is to do the following: schedule the review at a
mutually agreeable time, notify the local district that the
review has been requested, review the procedures for
looking at the DSTP questions, assist the individual(s) as
requested and keep records of all reviews.
8.2.3 In the case of the stand-alone writing
response, the parent/guardian(s) may go to the local school
district or charter school to view the test responses.
See 4 DE Reg. 464 9/1/00
See 5 DE Reg. 620 (9/1/01)
9.0 Invalidations and Special Exemptions
9.1 Invalidations for students in grades 3, 5, 8 and 10
for reading, writing and mathematics and grades 4,6,8 and
11 for science and social studies: Invalidations are events or
situations that occur during the administration of the DSTP
assessments which may result in a statistically unreliable
score report for a student. Invalidations may occur as a result
of either: intentional student conduct, including but not
limited to cheating and disruptive behavior; or unforeseen
and uncontrollable events, including but not limited to onset
of illness.
9.1.1 Reporting of situations that occur during
testing.
9.1.1.1 The school building principal or
designee shall notify the District Test Coordinator in writing
within 24 hours of events or situations that the principal
reasonably believes may result in an invalid score report for
a student(s).
9.1.1.2 The District Test Coordinator shall
notify the Department of Education staff person assigned to
the district for test security purposes as soon as the
Coordinator learns of events or situations which may result
in invalidation(s).
9.1.1.2.1 The District Test
Coordinator shall submit a DSTP Incident Report Form
within three business days of the events. Written reports
from the building principal or designee and any staff must be
included with the DSTP Incident Report Form.
9.1.1.3 The Director of Assessment for the
Department of Education shall determine whether the
reported events warrant invalidating a student(s) score and
such decision shall be final.
9.1.1.3.1 If the Director determines
that the events also warrant a security investigation the
matter will be referred to the Department of Education staff
person assigned to the district for test security purposes.
9.1.2 Consequences of invalidations.
9.1.2.1 Whenever the Director of Assessment
for the Department of Education determines that a student's
assessment test score is invalid as a result of an intentional
act of the student, the student will be assigned a performance
level 1 (well below standard) for that assessment and will be
subject to such consequences as may otherwise be imposed
pursuant to law for students who score at performance level
1 of the assessment; the assessment test score of any such
student shall be reported and counted in the test scores of the
student's school for all purposes, including school and
district accountability.
9.1.2.2 Whenever the Director of Assessment
for the Department of Education determines that a student's
assessment test score is invalid as a result of an event which
is unforeseen and beyond the control of the student and if the
student is unable to participate in a regularly scheduled test
make-up, the student shall not be subject to any of the
consequences as would otherwise be imposed pursuant to
law; the assessment score of any such student shall not be
reported or counted in the test scores of the student's school
for any purpose, including school and district accountability.
9.2 Special Exemptions for students in grades 3, 5, 8,
and 10 for reading, writing and mathematics and grades 4, 6,
8 and 11 for science and social studies: A special exemption
may be available when a student's short-term, physical or
mental condition prevents the student from participating in
the DSTP assessments even with accommodations, or when
an emergency arising before the start of the test prevents the
student's participation.
9.2.1 Special exemptions for students who are
tested according to the Department of Education's
Guidelines for Inclusion of Students with Disabilities and
Students with Limited English Proficiency are also available
as provided in the Guidelines.
9.2.2 Requests for special exemptions based on
physical or mental condition.
9.2.2.1 Special exemptions based on a
student's physical or mental condition may be available for
students suffering from terminal illnesses or injuries or
receiving extraordinary short-term medical treatment for
either a physical or psychiatric condition. Requests for
exemptions on these grounds shall be accompanied by a
signed statement from the student's treating physician
which; describes the nature of the terminal condition or
extraordinary treatment; confirms that the terminal condition
or the extraordinary treatment arose more than 60 calendar
days before the test administration for which the exemption
is requested and has substantially prevented the student from
accessing educational services since its inception ; and
confirms that the condition or treatment is expected to be
resolved or completed within 12 months of the test
administration.
9.2.2.2 The District Test Coordinator shall
submit a completed Request for Special Exemption Form to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1433
the Director of Assessment for the Department of Education
at least 60 calendar days before the first day of testing. A
copy of the physician's statement required in the preceding
subsection will accompany the request.
9.2.2.2.1 The Director of Assessment
shall convene a review committee of not less than three
Department of Education staff to review requests for special
exemptions. The Director shall submit a recommendation on
each request to the Associate Secretary for Assessment and
Accountability.
9.2.2.2.2 The Associate Secretary
shall decide whether a request for a special exemption based
on physical or mental conditions should be granted. The
Associate Secretary shall notify the District Test Coordinator
of the decision. The Associate Secretary's decision shall be
final.
9.2.3 Request for special exemptions based on
emergency.
9.2.3.1 Emergencies are unforeseen events or
situations arising no more than 60 calendar days before the
start of the test administration. They may include, but are not
limited to, death in a student's immediate family, childbirth,
accidents, injuries and hospitalizations.
9.2.3.2 Special exemptions due to an
emergency may be requested for the entire test or for one or
more content areas, as the district determines appropriate.
9.2.3.3 The District Test Coordinator shall
notify the Director of Assessment for the Department of
Education as soon as the Coordinator learns of events or
situations which may result in a request for a special
exemption due to an emergency.
9.2.3.3.1 The District Test
Coordinator shall submit a completed DSTP Request for
Special Exemption Form to the Director of Assessment for
the Department of Education within 7 calendar days of the
last day for make up testing. Requests for exemptions on
these grounds shall be accompanied by a signed statement
from the student's treating physician which describes the
nature of the situation.
9.2.3.3.2 The Director of Assessment
shall convene a review committee of not less than three
Department of Education staff to review requests for special
exemptions due to an emergency. The Director shall submit
a recommendation on each request to the Associate
Secretary for Assessment and Accountability.
9.2.3.3.3 The Associate Secretary
shall decide whether a request for a special exemption based
on an emergency should be granted. The Associate Secretary
shall notify the District Test Coordinator of the decision.
The Associate Secretary's decision shall be final.
9.2.4 Consequences of Special Exemptions.
9.2.4.1 Any special exemption granted by the
Department of Education is limited to the testing period for
which it was requested and does not carry forward to future
test administrations.
9.2.4.2 Students who are granted a special
exemption shall not be reported or counted in the school's
test scores for any purpose, including school and district
accountability.
9.2.4.3 Students who are granted a special
exemption shall not be subject to any of the student testing
consequences for students in grades 3, 5, or 8 for the testing
period to which the exemption applies.
See 5 DE Reg. 2115 (5/1/02)
Education Impact Analysis
Pursuant To 14 DEL. C. Section 122(d)
103 School Accountability for Academic Performance
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 103 School
Accountability for Academic Performance by changing the
regulation to conform to the changes in the state and federal
statutes which address school, district and state
accountability for student performance. The title of the
amended regulation has been changed to Accountability for
Schools, Districts and the State. The amended regulation
defines Adequate Yearly Progress (AYP) as it affects student
achievement and discusses how AYP is determined and
calculated. The amended regulation addresses other
academic indicators, assessment criteria and the school and
district review process. The five annual performance
classifications for schools, districts and the State are also
defined and the consequences are discussed.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation continues to help
improve student achievement and is being amended to
comply with changes in state and federal statutes.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation will continue to help ensure that all students
receive an equitable education and is being amended to
comply with changes in state and federal statutes.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses school, district and State
accountability for student performance and is being amended
to comply with changes in state and federal statutes.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1434 PROPOSED REGULATIONS
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
addresses school, district and State accountability for student
performance and is being amended to comply with changes
in state and federal statutes.
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 within
the requirements of the state and federal statues.
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, because of the changes in the state and
federal statutes, does increase some of the reporting
requirements and administrative responsibilities at the local
board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making and
accountability for addressing the subject to be regulated will
continue to 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 continues to 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 state statue
requires the Department of Education to promulgate this
regulation.
10. What is the cost to the State and to the local school
boards of compliance with the regulation? The changes to
the state and federal statutes will probably increase costs to
local school boards and schools but additional funds are
available from the federal government.
103 School Accountability for Academic Performance
1.0 Accountability School: The school to which a student's
performance is assigned shall be the Accountability School.
Except as defined in sections 1.1 to 1.3 the Accountability
School shall be the school that provided the majority of
instructional services to that student in a given school year so
long as the student was enrolled in the school for more than
530 school hours or more than 90 school days. No student
shall have his/her performance assigned to more than one
Accountability School in a given school year.
1.1 Except as in section 1.1.1, for students enrolled in
an intra-district intensive learning center or intra-district
special school or program operating within one or more
existing school facilities the school facility in which the
student is served shall be the Accountability School.
1.1.1 If in such a program the number of students
included in a School Composite Score would be greater than
or equal to 30 a school district may elect to define the
program as an Accountability School.
1.1.2 Within 30 days of request by the Secretary of
Education school districts shall inform the Secretary of
Education in writing of any Accountability Schools they
elect to define pursuant to section 1.1.1. Such definitions
may not be changed for four measurement cycles.
1.2 For students enrolled in inter-district special schools
or programs that have an agreement to serve students from
multiple school districts that school or program shall be the
Accountability School provided the number of students
included in the School Composite Score is greater than or
equal to 30.
1.2.1 If in such a school or program the number of
students included in a School Composite Score is less than
30 the student scores shall be assigned to the Accountability
School the student would have been assigned to if an
Individual Education Program was not in place.
1.3 For students enrolled in alternative school programs
pursuant to 14 Del. C., Chapter 16, or the Delaware
Adolescent Program the Accountability School shall be the
school that assigned them to the program. For the purposes
of this chapter the time the students were enrolled in the
alternative or transitional program shall be credited to the
Accountability School.
2.0 Composite Score: A School Composite Score for each
Accountability School shall be created utilizing the formula
found in 14 Del. C., Section154(b)(1).
2.1 The School Composite Score shall include the
collective performance of all students in each Standards
Cluster as defined in section 2.6 and 2.7 below on the
assessments administered pursuant to 14 Del. C., Section
151 (b) and (c).
2.1.1 For students who take a portion of the
assessment more than once within a measurement cycle, the
best test score] except re-tests by 12th grade students shall be
included in the School Composite Score.
2.1.2 For school accountability purposes a student
not assessed either pursuant to 14 Del. C., Section 151 (b)
and (c)) or not assessed with alternate assessments approved
by the Department of Education shall be assigned to
Performance Level 0, and such score shall be assigned to the
school that failed to assess the student.
2.1.3 Except for students who participate in out-of-
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PROPOSED REGULATIONS 1435
level testing, students who test with non-aggregable
conditions as defined in the Department of Education's
Guidelines for the Inclusion of Students with Disabilities and
Students with Limited English Proficiency shall have her/his
performance level included in the School Composite Score.
2.1.4 For school accountability purposes a student
who tests but does not meet attemptedness rules as defined in
the Department of Education's Scoring Specifications, who
participates in out-of-level testing or otherwise receives an
invalid score shall be assigned to Performance Level 1.
2.1.5 A student participating in alternate
assessments shall have her/his performance level included in
the School Composite Score.
2.2 Schools with more than one tested grade shall
receive a single School Composite Score determined by
aggregating the performance levels of students who score at
each performance level in each tested grade.
2.3 Baselines for Accountability Schools shall be
determined using two years of their students' performance,
beginning with the Accountability School's first two
administrations of the Delaware Student Testing Program.
New School Composite Scores shall be established each two
years thereafter.
2.3.1 Prior to 2003 reading, writing and
mathematics results shall be utilized to determine School
Composite Scores.
2.3.2 In 2003 two School Composite Scores shall
be calculated. The School Composite Score used to
determine performance shall include reading, writing and
mathematics results. The School Composite Score used as
the school's new baseline shall include reading, writing,
mathematics, science and social studies results.
2.3.3 After 2003 reading, writing, mathematics,
science and social studies results shall be utilized to
determine all School Composite Scores.
2.4 Schools shall be evaluated for performance by
comparing their performance on the three measures defined
in section 3.0 over a measurement cycle.
2.5 Student performance in a tested grade shall be
apportioned in equal weights to each grade in a Standards
Cluster, except that Kindergarten shall be weighted at 10%.
2.6 Prior to the inclusion of science and social studies
results in the School Composite Score the weights assigned
to each subject shall be 40% for reading, 40% for
mathematics and 20% for writing.
2.6.1 Standards Clusters shall be defined as
follows:
Standards Cluster Spring Assessments,
Calendar Year A
Grades K-3 Grade 3 reading. writing,
mathematics
Grades 4-5 Grade 5 reading. writing,
mathematics
Grades 6-8 Grade 8 reading, writing,
mathematics
Grades 9-10 Grade 10 reading, writing,
mathematics
2.7 When science and social studies results are included
in the School Composite Score, the weights assigned to each
subject shall be as follows:
2.7.1 For assessments in grades 3 through grade 6:
35% for reading, 35% for mathematics, 10% for writing,
10% for science and 10% for social studies.
2.7.2 For assessments in grades 8 through grade
11: 20% for reading, 20% for mathematics, 20% for writing,
20% for science and 20% for social studies.
2.7.3 Standards Clusters shall be defined as
follows:
Standards Spring Fall Assessments,
Cluster Assessments, Calendar Year A
Calendar Year A
Grades K-3 Grade 3 reading. Grade 4 science,
writing, social studies
mathematics
Grades 4-5 Grade 5 reading. Grade 6 science,
writing, social studies
mathematics
Grades 6-8 Grade 8 reading,
writing,
mathematics,
science, social
studies
Grades 9-10 Grade 10
reading, writing,
mathematics
Grades 9-11 Grade 11
science, social
studies
See 5 DE Reg. 1281 (12/1/01)
3.0 Performance Criteria: The Department of Education
shall determine the performance status of a school by
utilizing three measures of performance.
3.1 Absolute Performance: The Absolute Performance
of the school's student body on the assessments administered
pursuant to 14 Del. C., Section 151 (b) and (c)) measured
using the School Composite Score. Target School
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1436 PROPOSED REGULATIONS
Composite Scores shall be determined by the Department of
Education with the consent of the State Board of Education.
3.2 Improvement Performance: The school's record in
improving its School Composite Score over a measurement
cycle by an amount determined by the Department of
Education with the consent of the State Board of Education.
3.2.1 The expected improvement for a given school
shall be the difference between the school's current
composite score and a target School Composite Score that all
schools are expected to achieve divided by the number of
measurement cycles the school has to reach the target School
Composite Score.
3.2.2 For schools that have already met the target
School Composite Score, a higher target shall be established.
Target School Composite Scores and time periods shall be
determined by the Department of Education with the consent
of the State Board of Education.
3.3 Distributional Performance: The school's record in
improving the performance of low achieving students over a
measurement cycle by an amount determined by the
Department of Education with the consent of the State Board
of Education.
3.3.1 The expected Distributional Performance for
a given school shall be a specified decrease in the percentage
of students performing below the standard (those in levels 0,
1, and 2) in tested content areas while the percentage of
students in Level 0 and the percentage of students in Level 1
in tested content areas do not increase by a targeted amount.
3.3.1.1 All regulations utilized to calculate
school composite scores pursuant to 2.0 shall also apply to
calculate distributional performance.
3.3.2 An Accountability School that has no change
in the percentage of students performing below the standard
or reduces that percentage by less than the target shall be
assessed by whether the Distributional Composite Score,
calculated by including only those students who have not
met the standard, increases by a targeted amount.
Distributional Targets shall be determined by the
Department of Education with the consent of the State Board
of Education.
See 5 DE Reg. 1281 (12/1/01)
4.0 Performance Classifications: Schools shall be rated by
the Department of Education based on their collective
performance on the three specific measures of performance
described in section 3.0. The performance classification of
each school shall be reported in School Profiles.
4.1 Superior Performance: A school's performance is
deemed excellent. Schools in this category shall have met or
exceeded performance targets as determined by the
Department of Education with the consent of the State Board
of Education.
4.2 Commendable Performance: A school's
performance is deemed acceptable. Schools in this category
shall have met sufficient performance targets as determined
by the Department of Education with the consent of the State
Board of Education.
4.3 Under School Improvement: A school's
performance is deemed as needing improvement. Schools in
this category have not met sufficient performance targets as
determined by the Department of Education with the consent
of the State Board of Education. Schools initially classified
in this category shall be evaluated using a School Review
Process pursuant to section 5.0 below. Following a final
classification of a school as Under School Improvement the
school shall be required to undertake improvement and
accountability activities as defined in 14 Del.C., Section
154(d)(2).
4.4 Unsatisfactory Performance: A school's
performance is deemed as unacceptable. Schools Under
School Improvement who after two years have not met
sufficient performance targets as determined by the
Department of Education with the consent of the State Board
of Education shall be classified as Unsatisfactory. Schools
in this category shall be required to undertake improvement
and accountability activities as defined in 14 Del.C., Section
154(d)(3).
4.5 Schools required to develop a school improvement
plan pursuant to 14 Del.C., Section 154(d)(2) and (3) shall
include specific strategies to improve the performance of
students in each low performing sub-population as defined
by the Department of Education.
See 5 DE Reg. 1281 (12/1/01)
5.0 School Review Process: Schools classified as Under
School Improvement shall be evaluated by a School Review
Team.
5.1 The purpose of the evaluation is to determine
whether additional evidence of school performance
demonstrates that a school should be reclassified as
Commendable.
5.2 For each school subject to review, the School
Review Team shall consist of four members who shall
include two representatives of the Department of Education
and two educators from Delaware public schools, and may
include educators who have retired within the previous five
years. Each team shall be chaired by a representative of the
Department of Education. All School Review Team
members shall be appointed by the Secretary of Education.
5.3 Schools subject to review shall provide the
Department of Education with evidence of school
performance in a form acceptable to the Department. Such
evidence, along with school performance data available to
the Department of Education, shall provide the basis for the
evaluation of the school's performance.
5.4 Criteria used to evaluate other evidence of school
performance shall include at a minimum:
5.4.1 The use and analysis of student achievement
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1437
data and other data to determine areas of need
5.4.2 Curriculum and instructional decisions based
on student needs identified through data analysis
5.4.3 Professional development aligned to
curriculum, instruction and identified student needs
5.4.4 Community involvement in the school's
decision making process, including evaluation and planning
5.4.5 Curriculum aligned to the state content
standards
5.4.6 Research-based instruction aligned to
curriculum and teaching strategies based on student needs
5.4.7 Resources aligned with student needs and
goals and objectives identified in the School Improvement
Plan
5.4.8 The school develops and implements
strategies to promote a positive climate supportive of student
achievement.
5.5 The School Review Team shall evaluate evidence
of school performance with respect to the criteria in section
5.4 above using a scoring process approved by the
Department of Education. A target score shall determine
whether a school should receive a site visit or shall remain
classified as Under School Improvement. Target scores for
site visits shall be determined by the Department of
Education with the consent of the State Board of Education.
No school with a score below the target shall receive a site
visit or be reclassified.
5.5.1 Schools that are designated to receive a site
visit shall have the option of declining such a visit. No
school shall receive a recommendation to be reclassified to
Commendable without a site visit by a School Review Team.
The district in which the school is located shall have five
working days to notify the Secretary of Education in writing
if they do not wish to receive a site visit. Charter schools
shall have five working days to notify the Secretary of
Education in writing if they do not wish to receive a site
visit. All schools that decline a site visit shall remain
classified as Under School Improvement.
5.6 Following any site visits the School Review Team
shall recommend to the Secretary of Education whether a
school shall remain Under School Improvement or whether
additional evidence exists to reclassify the school to
Commendable Performance. Target scores used as the basis
for such recommendations shall be determined by the
Department of Education with the consent of the State Board
of Education.
5.6.1 Upon such a recommendation the Secretary
of Education may reclassify a school to Commendable
Performance subject to the consent of the State Board of
Education.
See 4 DE Reg. 1661 (4/1/01)
See 5 DE Reg. 1281 (12/1/01)
6.0 Appeals Process: A school may appeal its performance
classification as follows.
6.1 The school must file a written notice of appeal with
the Secretary no later than 30 days after receiving written
notification of its performance classification. The notice of
appeal shall state with specificity the grounds for the appeal,
and shall be signed by the principal of the school and except
in the case of a charter school, the superintendent of the
district that has authority over the school.
6.2 Upon receipt of a satisfactory form of notice of
appeal, the Secretary will decide whether to hear the appeal
or assign it to a hearing officer.
6.3 The Secretary or hearing officer, as the case may be,
will establish a date upon which the appeal will be heard.
The school shall be given not less than 20 days notice of the
hearing date. A written position statement, legal brief or
memorandum in support of its appeal shall be filed by the
school with the Secretary or hearing officer no later than 10
days prior to the hearing date. Any written statement must
clearly identify the issues raised in the appeal. Briefs or
legal memoranda shall be submitted with the written
statement if the appeal is based upon a legal issue or
interpretation.
6.4 A school challenging its classification must prove
by clear and convincing evidence that the classification
assigned to it by the department was contrary to law or
regulations, was not supported by substantial evidence, or
was arbitrary or capricious, or should be changed because of
other extraordinary mitigating circumstances beyond the
school's control.
6.5 If the appeal has been assigned to a hearing officer,
the hearing officer will issue a recommended decision to the
Secretary in the form of a Proposed Order. The Secretary
will not conduct any further hearings on the matter, but with
the consent of the State Board of Education, will issue a final
decision within 30 working days thereafter.
See 5 DE Reg. 1281 (12/1/01)
103 Accountability for Schools, Districts and the State.
1.0 Accountability
1.1 Accountability: All public schools, including
charter schools, reorganized and vocational-technical school
districts and the state shall be subject to the calculation and
reporting of Adequate Yearly Progress (AYP) as prescribed
by the federal Elementary and Secondary Education Act
(ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public
schools, including charter schools, reorganized and
vocational-technical school districts shall be subject to the
applicable rewards, sanctions and other accountability
activities as prescribed in this regulation.
2.0 Adequate Yearly Progress (AYP)
2.1 Adequate Yearly Progress shall be determined by
the Department of Education for all public schools,
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1438 PROPOSED REGULATIONS
including charter schools, reorganized and vocationaltechnical
school districts and the State on an annual basis. In
order for a public school, including a charter school,
reorganized or vocational-technical school district or the
State to meet AYP, the aggregate student population and
each subgroup of students as identified in ESEA, must meet
or exceed the target for percent proficient in the state
assessments of reading/language arts and mathematics; 95%
of the students as an aggregate and within each subgroup
must participate in the state assessments of reading/language
arts and mathematics, except for those students who meet the
exemption criteria as specified in 14 DE Admin. Code 101
§9.0; and the respective entity must show progress towards
the state target for other academic indicator(s). In calculating
the percent proficient each year, the state will average the
most recent two years of percent proficient (including the
current year's percent proficient) and compare the results to
the current year percent proficient. The highest percent
proficient score will be used to determine the school, district
or State AYP status.
2.2 Full academic year for accountability:
2.2.1 For school accountability students
enrolled continuously in the school from September 30
through May 31 of a school year and those students
identified in 3.1 and 3.2, shall be considered enrolled for a
full academic year.
2.2.2 For district accountability students
enrolled continuously in the district (but not necessarily the
same school), from September 30 through May 31 of a
school year, and those students identified in 3.1 and 3.2 ,
shall be considered enrolled for a full academic year.
2.2.3 For state accountability students enrolled
continuously in the state (but not necessarily the same school
or district) from September 30 through May 31 of a school
year shall be considered enrolled for a full academic year.
2.3 Proficient: For accountability purposes students
who score at Performance Level 3 (Meets the Standard) or
above and who have met the requirements of a Full
Academic Year as defined in 2.2 shall be deemed proficient.
Students who score at Performance Level 2, Level 1 or Level
0 who have met the requirements of a Full AcademicYear as
defined in 2.2 shall not meet the definition of proficient.
2.4 Participation Rate: For accountability purposes in
school years 2002-2003 through 2004-2005, the
participation rate for each subgroup, all public schools,
including charter schools, districts, and the State, shall be the
number of students who participate in the DSTP in grades
3,5, 8 and 10 divided by the number of students enrolled in
these tested grades during the testing period. Beginning with
the 2005-2006 school year the participation rate shall include
the number of students who participate in the DSTP in
grades 3 through 8 inclusive and grade 10. Students
exempted by 14 DE Admin. Code 101, Section 9.0 are not
included in the participation rate calculation. For schools
with no accountability tested grades (K-2), the participation
rate shall be determined by the number of students who
participated in the work sampling or grade 2 DSTP
assessments divided by the number of students enrolled
during the testing period.
2.5 Safe Harbor: For accountability purposes if a
school, district or the State fails to meet the target for percent
proficient for a given subgroup or for the entity in aggregate,
safe harbor provisions shall be examined for that group.
When the percentage of students in a subgroup not meeting
the definition of proficient decreases by at least 10% when
compared to the previous year's data, the participation rate
for the population is at least 95%, and the subgroup
maintains or shows progress on the other academic indicator
the subgroup will have met AYP.
2.6 Other academic indicator:
2.6.1 High School: For AYP purposes, the other
academic indicator shall be graduation rate as defined as the
number of students in one cohort who started in the school/
district/state in 9th grade and graduated four years later
divided by the same number plus those that have dropped out
during the same four year period.
2.6.1.1 The statewide target for the high
school other academic indicator shall be a graduation rate of
90% by the school year 2013-2014. Beginning with the
school year 2002-2003, if the graduation rate is used for safe
harbor purposes, the high school shall be expected to
maintain its graduation rate or show positive progress when
compared to the previous year.
2.6.1.2 A school that does not maintain its
graduation rate or show positive progress from the previous
year shall be considered as not meeting AYP for that year.
2.6.2 Elementary and Middle School: For AYP
purposes, the Other Academic Indicator for elementary and
middle schools shall be the percent of students proficient on
the grade 4, 6, and 8 DSTP science and social studies
assessments combined. The science and social studies
content standards are arranged by grade clusters. Students
shall be tracked back to the school/district that provided the
instructional services for the grade cluster.
2.6.2.1 The statewide target for the
elementary and middle school other academic indicator shall
be a percent proficient of 85% by the school year 2013-2014.
Beginning with the school year 2002-2003, when compared
to the previous year, the school or subgroup, if used for safe
harbor purposes, shall be expected to maintain its percent
proficient or show positive progress when compared to the
previous year towards the state target of 85%.
2.6.2.2 An elementary or middle school that
does not maintain its percent proficient for the other
academic indicator or show positive progress from the
previous year shall be considered as not meeting AYP for
that year.
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PROPOSED REGULATIONS 1439
2.6.3 For state and district accountability
purposes, the state or a district shall be expected to maintain
both the graduation rate and percent proficient or show
positive progress when compared to the previous year
towards the state target of 90% for the high school other
academic indicator and 85% for the elementary and middle
school other academic indicator.
2.7 Annual Objective: The annual objectives for
reading/language arts and mathematics shall be determined
by the Department of Education and published annually.
The annual objectives shall be the same for all schools,
districts and subgroups of students.
2.8 Intermediate Target: There shall be seven
intermediate targets with the first intermediate target
occurring in the 2004-2005 school year. The second
intermediate target shall occur in 2006-2007; the third in
2008-2009; the fourth in 2009-2010; the fifth in 2010-2011,
the sixth in 2011-2012 and the seventh in 2012-2013. By the
end of the school year 2013-2014, all students in all
subgroups shall be proficient in reading/language arts and
mathematics. The intermediate targets shall be calculated
using the procedures as prescribed by the federal Elementary
and Secondary Education Act (ESEA), 20 U.S. C.A. §6301
et seq.
2.9 Starting Point: A single statewide starting point
shall be calculated for reading/language arts and a single
statewide starting point shall be calculated for mathematics
using the procedures as prescribed by the federal Elementary
and Secondary Education Act (ESEA), 20 U.S. C.A. §6301
et seq.
2.10 Subgroup categories: For AYP purposes,
subgroup categories shall be delineated as follows: 1)
Children with Disabilities (as per IDEA); 2) Economically
Disadvantaged Students, as determined by eligibility for free
and reduced lunch program; 3) Students with Limited
English Proficiency, as determined by the language
proficiency assessment; and 4) Race/ethnicity, to be
furthered divided into African American/black, American
Indian/Alaska native, Asian/Pacific Islander, Hispanic, and
White. Such subgroup categories shall include all students
eligible for the AYP calculation as further defined
throughout this Chapter. The "All" categories shall include
all students in the entity for which AYP is calculated and
who meet all other eligibility criteria for the AYP
calculation.
2.11 Adequate Yearly Progress (AYP) Calculations
2.11.1 For each public school, including charter
schools, reorganized and vocational-technical school district,
and the State, AYP shall be calculated annually.
2.11.2 School AYP: In order to meet AYP, the
aggregate student population of a school and each subgroup
of students within a school, shall meet or exceed the annual
target for percent proficient as defined in 2.3; the
participation rate shall be 95% or greater; and the school in
the aggregate shall maintain or show progress on the other
academic indicator. If there are 15 or more students in the
aggregate or in any subgroup the percent proficient shall be
reported. If there are 40 or more students in the aggregate or
in any subgroup the percent proficient shall be reported and
used to determine AYP status and accountability ratings.
The Safe Harbor provision as defined in 2.5 shall be used for
a school that does not meet AYP in the aggregate or in any
subgroup within the school.
2.11.3 District AYP: In order to meet AYP, the
aggregate student population of a district and each subgroup
of students within a district, shall meet or exceed the annual
target for percent proficient as defined in 2.3; the
participation rate shall be 95% or greater; and the district in
the aggregate shall maintain or show progress on both of the
other academic indicators. If there are 15 or more students in
the aggregate or in any subgroup the percent proficient shall
be reported. If there are 40 or more students in the aggregate
or in any subgroup the percent proficient shall be reported
and used to determineAYP status and accountability ratings.
The Safe Harbor provision as defined in 2.5 shall be used
for a district that does not meet AYP in the aggregate or in
any subgroup within the school.
2.11.4 State AYP: In order to meet AYP, the
aggregate student population in the State and each subgroup
of students within the State, shall meet or exceed the annual
target for percent proficient as defined in 2.3; the
participation rate shall be 95% or greater; and the State in the
aggregate shall maintain or show progress on both of the
other academic indicators. If there are 15 or more students
in the aggregate or in any subgroup the percent proficient
shall be reported. If there are 40 or more students in the
aggregate or in any subgroup the percent proficient shall be
reported and used to determine AYP status and
accountability ratings. The Safe Harbor provision as defined
in 2.5 shall be used for state accountability if the State does
not meet AYP in the aggregate or in any subgroup within the
State.
2.11.5 Under Improvement: A school or district
shall be deemed Under Improvement if AYP is not met two
consecutive years in the same content area of reading/
language arts or mathematics, or if a school or district in the
aggregate does not maintain or show progress on the Other
Academic Indicator(s).
See 5 DE Reg. 1281 (12/1/01)
3.0 Accountability School and/or District: For AYP
purposes, the school/district to which a student's
performance is assigned for a full academic year shall be the
Accountability School/District. No student shall have his/
her performance assigned to more than one Accountability
School/District in a given school year.
3.1 For a student enrolled in an intra-district intensive
learning center or intra-district special school or program
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1440 PROPOSED REGULATIONS
operating within one or more existing school facilities, the
school/district of residence shall be considered the
Accountability School/District for the student. For a student
enrolled in inter-district special schools or programs that
have an agreement to serve students from multiple school
districts, the school/district of residence shall be considered
the Accountability School/District.
3.2 For a student enrolled in an alternative school
program pursuant to 14 Del. C., Chapter 16, or the Delaware
Adolescent Program, the Accountability School/District
shall be the school/district that assigned such student to the
program or the school/district of residence. For the purposes
of this chapter the time the students were enrolled in the
alternative or transitional program shall be credited to the
Accountability School/District.
3.3 For a student who participates in the choice
program pursuant to 14 Del.Code, Chapter 4 the
Accountability School/District shall be the school/district to
which the student has choiced.
See 5 DE Reg. 1281 (12/1/01)
4.0 Assessment Criteria.
4.1 For a student who takes a portion of the assessment
more than once during the school year, the first score shall
be included in the AYP calculation.
4.2 A student who tests with non-aggregable conditions
as defined in the Department of Education's Guidelines for
the Inclusion of Students with Disabilities and Students with
Limited English Proficiency shall have his/her earned
performance level included in the calculation of AYP.
4.3 For accountability purposes a student who tests but
does not meet attemptedness rules as defined in the
Department of Education's scoring specifications or
otherwise receives an invalid score shall be deemed as not
meeting proficiency.
4.4 A student participating in alternate assessments
shall have her/his performance level included in the AYP
calculation.
4.5 Schools with more than one tested grade shall
receive a single accountability rating.
4.6 Student performance in a tested grade shall be
apportioned in equal weights to each grade in a standards
cluster, except that Kindergarten shall be weighted at 10%
and grade 10 shall be weighted at 100%. Beginning with the
school year 2005-2006 students in grades 4,5,6,7,8, and 10
will count 100%. Students in grade 3 will continue to be
weighted to each grade in the K-3 standards cluster.
4.7 For AYP purposes the reading/language arts
percent proficient shall be based on a combination of the
reading and writing DSTP assessments. The reading percent
proficient scores shall be weighted to count 90% and the
writing percent proficient scores shall be weighted to
count10%.
4.8 For AYP purposes, the mathematics percent
proficient shall be based on 100% of the DSTP mathematics
assessment.
See 5 DE Reg. 1281 (12/1/01)
5.0 Performance Classifications: Schools and districts shall
receive one of five levels of performance classification
annually.
5.1 Superior: A school or district's performance is
deemed excellent. Schools or districts in this category shall
have met AYP while the school or district is not Under
Improvement and additional rigorous state criteria are met.
The additional state criteria shall be developed by the
Department of Education with the consent of the State Board
of Education.
5.2 Commendable: A school or district's performance is
deemed above average. Schools or districts in this category
shall have met AYP while the school or district is not Under
Improvement.
5.3 Academic Review: A school or district's
performance is deemed acceptable. Schools or districts in
this category shall not have met APY for one year and are
not Under Improvement.
5.4 Academic Progress: A school or district's
performance is deemed as needing improvement. Schools or
districts in this category shall have met AYP for one year
while the school or district is Under Improvement. If a
school or district was classified as Academic Watch the prior
year, all accountability sanctions from that prior year remain
in effect.
5.5 Academic Watch: A school or district's
performance is deemed as unsatisfactory. Schools or
districts in this category shall not have met AYP for two or
more years and shall be Under Improvement.
See 4 DE Reg. 1661 (4/1/01)
See 5 DE Reg. 1281 (12/1/01)
6.0 Schools and Districts that are classified as Under
Improvement.
6.1 Accountability sanctions for schools that are
classified as Under Improvement:
6.1.1 Under Improvement -Year 1 - A school
shall review and modify its current School Improvement
Plan outlining additional specific school improvement
activities to be implemented beginning in this same year. A
school designated as Title I shall implement federal ESEA
Choice. The school shall follow the district Federal ESEA
Choice Program.
6.1.2 Under Improvement - Year 2 - A school
shall continue to review and modify the School
Improvement Plan as needed. A school designated as Title I
shall continue to offer federal ESEA Choice. In addition a
Title I school shall provide supplemental services according
to the federal ESEA requirements. Schools not designated
as Title I shall give priority, as appropriate, within their extra
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1441
time services to students in those subgroups that have not
met the target for percent proficient in the reading/language
arts and/or mathematics assessments.
6.1.3 Under Improvement - Year 3 - A school
shall continue with the activities as per 6.1.2. In addition, all
schools shall be subject to corrective action as outlined by
federal ESEA requirements.
6.1.4 Under Improvement - Year 4 - A school
shall continue with the activities as per 6.1.3. In addition,
shall develop a plan for restructuring as outlined by federal
ESEA requirements.
6.1.5 Under Improvement - A school shall
continue with the activities as per 6.1.2. In addition, the
school shall implement the restructuring plan as outlined by
federal ESEA requirements.
6.2 Accountability sanctions for districts that are
classified as Under Improvement:
6.2.1 Under Improvement - Year 1 - A district
shall develop and implement a District Improvement Plan.
6.2.2 Under Improvement - Year 2 - A district
shall evaluate and modify the District Improvement Plan and
shall incorporate such plan into the Consolidated
Application.
6.2.3 Under Improvement - Year 3 - A district
shall continue with the activities outlined in 6.2.2. In
addition the district shall develop a corrective action plan as
outlined by Federal ESEA requirements.
6.2.4 Under Improvement - Year 4 - A district
shall continue with the activities as outlined in 6.2.3. In
addition the district and the Department of Education shall
evaluate the corrective action plan and make appropriate
modifications as needed.
See 5 DE Reg. 1281 (12/1/01)
7.0 Review Process: A school or district deemed Under
Improvement may review school or district level data,
including academic assessment data upon which the
proposed classification is based. The school or district shall
present statistical evidence or other substantive reasons why
the classification should be changed before the final
classification will be determined.
7.1 The school or district must file a written notice of
review with the Secretary no later than 15 calendar days after
receiving preliminary notification of its designation of Under
Improvement. The request for review shall state with
specificity the grounds for the review, and shall be signed by
the principal or lead authority of the school, or the signature
of the Superintendent of the district. This request for review
shall include all supporting evidence and documentation and
shall be clear and concise.
7.2 Upon receipt of a written notice of review, the
Department of Education shall conduct a review of the
evidence or other substantive reasons presented by the
school or district.
7.3 The Department of Education shall make a final
determination within 30 calendar days from the written
notice of review on the Under Improvement status of the
school or district based on the evidence or other substantive
reasons presented by the school or district.
Education Impact Analysis
Pursuant To 14 DEL. C. Section 122(d)
104 Education Profiles for the Schools, Districts and the
State
A. Type of Regulatory Action Required
New Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the
State Board of Education to adopt a new regulation 104
Education Profiles for Schools, Districts and the State. The
regulation is required due to changes in state and federal
statutes concerning school, district and State accountability
for student performance. The regulation continues the
mandates for the development of profiles for schools
districts and the State and includes the information that must
appear in each type of profile. Other additional information
can be added. The regulation also defines when and how the
profiles will be published.
C. Impact Criteria
1. Will the new regulation help improve student
achievement as measured against state achievement
standards? The new regulation defines the process for
communicating the student achievement results to the
public.
2. Will the new regulation help ensure that all students
receive an equitable education? The new regulation defines
the process for communicating the student achievement
results to the public and all results are disaggregated by race,
gender and income level.
3. Will the new regulation help to ensure that all
students' health and safety are adequately protected? The
new regulation defines the process for communicating the
student achievement results to the public but does not
specifically address health and safety issues.
4. Will the new regulation help to ensure that all
students' legal rights are respected? The new regulation
defines the process for communicating the student
achievement results to the public but does not specifically
address issues of students' legal rights.
5. Will the new regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The new regulation defines the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1442 PROPOSED REGULATIONS
specific elements that must be in the profiles on student
achievement.
6. Will the new regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulation continues an existing requirement to produce
school profiles but it does include some additional required
elements.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The federal and state statutes as
reflected in the new regulation are more specific as to the
content of the profiles.
8. Will the new regulation be consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The new regulation will be consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? The state statute
requires the Department of Education to promulgate this
regulation.
10. What is the cost to the State and to the local school
boards of compliance with the new regulation? The state
pays for the cost of developing the profiles.
104 Education Profiles for Schools, Districts, and the
State
1.0 Education Profiles: All public schools, including charter
schools, reorganized or vocational-technical school districts
and the State shall issue Delaware Public Education Profiles
on the state of Delaware's public school system as required
by 14 Del.C. §124A. The profiles shall be referred to as
school, district, and state Profiles respectively. Each profile
shall contain, but need not be limited to, the following
information, aggregated at the appropriate level (school,
district or state), unless otherwise noted:
1.1 Information on student achievement at each
performance level on the state reading, writing,
mathematics, science, and social studies academic
assessments. Such information shall be disaggregated by
race, ethnicity, gender, disability status, migrant status,
English proficiency, and status as economically
disadvantaged except that such disaggregation shall not be
required in a case in which the number of students in a
category is less than fifteen (15).
1.2 The most recent 2-year trend in student
achievement in each of the five content areas, and for each
grade level the assessments are administered;
1.3 The percentage of students not tested in reading/
language arts and mathematics disaggregated by the student
subgroups as defined in 1.9, except that such disaggregation
shall not be required in a case in which the number of
students in a category is less than fifteen (15).
1.4 Information that provides a comparison between
the actual achievement levels of each student subgroup
meeting proficiency and those that have not met proficiency,
as defined in 14 DE Admin. Code 103, 1.4 and the state's
annual measurable objectives for each such group of
students in the reading/language arts and mathematics
academic assessments;
1.5 Aggregate information of the percent proficient on
the combined scores of the science and social studies
academic assessments for elementary and middle schools,
used as the other indicator to determine Annual Yearly
Progress (AYP) of students in achieving the state academic
standards disaggregated by student subgroups. Such
disaggregation shall not be required in a case in which the
number of students is less than fifteen (15).
1.6 For secondary schools only, graduation rate defined
as the number of students enrolled in the school in the ninth
grade and graduation with a diploma four years later
disaggregated by student subgroups. Such disaggregation
shall not be required in a case in which the number of
students is less than fifteen (15).
1.7 Information on the performance of the school,
district, or state regarding making adequate yearly progress,
including the number and names of each school identified as
Under School Improvement.
1.8 Information regarding the professional
qualifications of teachers in the school, district and state, the
percentage of such teachers teaching with emergency or
provisional credentials, and the percentage of classes in the
state not taught by highly qualified teachers, in the aggregate
and disaggregated by high-poverty compared to low-poverty
schools which means schools in the top quartile of poverty
and the bottom quartile of poverty in the State;
1.9 Information pertaining to the AYP status and
accountability ratings;
1.10 Information pertaining to school safety and
discipline and student attendance;
1.11 Information pertaining to school district
administrator-student ratios, school teacher-student ratios
and other staffing ratios;
1.12 Information pertaining to pupil and staff
demographics;
1.13 Information pertaining to school district
revenues, expenditures, tax rates and wealth (district profile
only);
1.14 Information pertaining to school curricular
offerings (school profile only);
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PROPOSED REGULATIONS 1443
1.15 Information pertaining to parent and
community involvement in the school and school district;
1.16 Examples of exemplary programs, successful
teaching, school climate or disciplinary strategies and other
developments (only in school profile); and
1.17 Other items from time to time that may be
required by the federal Elementary and Secondary Education
Act.
2.0 Publishing of Profiles: The profiles will be published,
subject to an annual appropriation in the annual state budget
act, at the expense of the state. School and districts-specific
data shall be submitted, in the format requested, to the
Department in the time frame delineated in the Data
Acquisition Calendar. The State shall have the profiles
available on the Department of Education website no later
than August 15, 2003 and on or before August 1 of each
subsequent year.
Education Impact Analysis Pursuant To 14 DEL. C.
Section 122(d)
605 Student Rights and Responsibilities
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
605 Student Rights and Responsibilities. The amended
regulation now includes charter schools and corrections have
been made to the title of the Department of Education
Guidelines and to the titles of the regulations that should be
used in developing the district and charter school policies.
Other elements of the regulation remain the same.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses students'
rights and responsibilities which can have an impact on
school climate and student achievement.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation will continue to insure that all students have the
same information about their rights and responsibilities.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation will continue to assure that students'
health and safety are adequately protected as found in the
information on their rights and responsibilities.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
will help to ensure that all students' legal rights are protected
as found in the information on their rights and
responsibilities.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation continues
to give the districts and charter schools the authority and
flexibility to develop their own rights and responsibilities
policies in compliance with federal and state laws.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation does not place any new 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
continues to be 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 continues to 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? The
amended regulation does not change any existing cost
factors.
605 Student Rights and Responsibilities
1.0 All local school districts shall have their own policies on
student rights and responsibilities and shall distribute and
explain these policies to every student in the school district
at the beginning of every school year. The local district's
policies shall be based on the Technical Assistance Manual
for the Development of District Policies on Student Rights
and Responsibilities and on the Department of Education
regulations, Policy for the School Districts on the
Possession, Use or Distribution of Drugs and Alcohol, and
School District Compliance with the Gun-Free Schools Act.
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1444 PROPOSED REGULATIONS
1.0 All local school districts and charter schools shall have
their own policies on student rights and responsibilities and
shall distribute and explain these policies to every student at
the beginning of every school year. These policies shall be
based on the Department of Education document Guidelines
for the Development of District Policies on Student Rights
and Responsibilities, as may be from time to time revised by
the Department of Education, and on Department of
Education regulations, 876 Possession, Use or Distribution
of Drugs and Alcohol, and 878 Compliance with the Gun-
Free Schools Act.
Education Impact Analysis Pursuant To 14 DEL. C.
Section 122(d)
608 Unsafe School Choice Option for Students in
Persistently Dangerous Schools and for Students Who
Have Been Victims of a Violent Felony
A. Type of Regulatory Action Required
New Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to adopt a new
regulation 608 Unsafe Public School Choice Option for
Students in Persistently Dangerous Schools and for Students
who Have Been Victims of a Violent Felony. The Unsafe
School Choice Option (USCO) (section 9532 of the
Elementary and Secondary Education Act (SEA) of 1965, as
amended by the No Child Left Behind Act of 2001) requires
that a State Education Agency establish a State USCO policy
in order to receive funding under ESEA. The regulation
identifies the conditions that must exist in order to identify
persistently dangerous schools, defines a violent crime and
other relevant terms and identifies the responsibilities of the
local school districts and charter schools in implementing the
federal statute.
C. Impact Criteria
1. Will the new regulation help improve student
achievement as measured against state achievement
standards? The new regulation addresses school climate
issues which can have an impact on student achievement.
2. Will the new regulation help ensure that all students
receive an equitable education? The new regulation
addresses school climate issues not equitable education
issues.
3. Will the new regulation help to ensure that all
students' health and safety are adequately protected? The
new regulation addresses school climate issues that include
strong elements of student safety.
4. Will the new regulation help to ensure that all
students' legal rights are respected? The new regulation
addresses school climate issues that include the issue of
students' legal rights.
5. Will the new regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The new regulation will preserve
the necessary authority and flexibility of decision making at
the local board and school level.
6. Will the new regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulation will add some additional reporting and
administrative requirements at the local board and school
levels in order to comply with the federal statute.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
8. Will the new regulation be consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The new regulation will be consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the new regulation? Federal legislation
requires that the State adopt this regulation in order to
receive federal funds.
10. What is the cost to the State and to the local school
boards of compliance with the new regulation? There are
federal funds available to cover some of the additional costs
to the State and to the local school boards for compliance
with the new regulation.
608 Unsafe School Choice Option for Students in
Persistently Dangerous Schools and for Students who
Have Been Victims of a Violent Felony
The Elementary and Secondary Education Act (ESEA)
of 1965, as amended by the No Child Left Behind Act of
2001), requires that a State Education Agency establish a
State Unsafe School Choice Option policy in order to receive
funding under ESEA.
1.0 Definitions:
In this regulation, the following terms shall have the
meanings indicated below:
ACrime@ shall have the same meaning as provided in 14
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1445
Del.C. §4112.
AEnrolled students@ unless the context indicates
otherwise, means all students included in the Delaware
Student Information System (DELSIS) report for the year of
the data collection.
AFirearm@ means handgun, rifle, shotgun, or other type
of firearm as that term is defined in the federal Gun Free
Schools Zone Act at 18 U.S.C.A. §921.
AFiscal year@ means the period of July 1 through June
30.
AGun free school=s violation@ means the prohibited
bringing to school, or possession while in school of a firearm
by a student.
APersistently Dangerous School@ means a school that
has five or more unsafe incidents for every one hundred
students enrolled for three consecutive fiscal years.
"Safe school" means a school in the same school
district that is not currently identified by the Department of
Education as a persistently dangerous school.
"School" means any public school including charter
schools.
ASchool property@ shall have the same meaning as
provided in 14 Del.C. §4112 (a)(9).
ASuspension@ means, for the purpose of this regulation,
the external removal of a student from the general school
population.
ATerroristic threatening@ shall have the same meaning
as provided in 11 Del.C. §621.
"Unsafe incidents" means any of the following:
The school suspended or expelled a student for a
gun-free schools violation; or
The school suspended or expelled a student for a
crime committed on school property which is required to be
reported under 14 Del.C. §4112; or
The school reported a crime committed by a nonstudent
on school property that is required to be reported
under 14 Del.C. §4112; or
The school suspended or expelled a student for
terroristic threatening as that term is defined in 11 Del.C.
§621.
AViolent felony@ shall have the same meaning as
provided in 11 Del.C. §4201(c). (A list of these crimes can
be found in the Delaware Guidelines for the Development of
the Unsafe School Choice Option.)
2.0 Beginning in July 2003, the Department of Education
shall identify each persistently dangerous school using the
data reported to it pursuant to the provisions of 14 Del.C.
§4112 and 14 DE Admin. Code 601.
2.1 Notwithstanding any provision herein to the
contrary, any year that a school fails to comply with the
reporting mandates, as set forth in 2.0 above, to the
Delaware Department of Education or to the appropriate
police agency as set forth above, the Department of
Education will consider the school as if it otherwise met the
criteria to be classified as a persistently dangerous school for
that year until such time as it may be determined, in the sole
discretion of the Department, that the school has met such
reporting requirements.
2.2 A school identified as persistently dangerous will
retain that designation for the entire fiscal year.
3.0 A student attending a persistently dangerous school
shall be allowed to choice to a safe school in the same school
district, including a charter school; to the extent possible, the
student should be permitted to transfer to a school that is
making adequate yearly progress and has not been identified
as being in school improvement, corrective action or
restructuring.
3.1 Each public school district having one or more
persistently dangerous schools and any charter school
identified as a persistently dangerous school shall develop a
plan and time line that describes the process for notifying
parents of the school's status and for relocating any student
who exercises the right to choice to a safe school. The plan
shall also describe the corrective actions that will be
implemented. The plan shall be forwarded to the
Department of Education no later than September 15th of the
year that the school is identified.
4.0 A student who is the victim of a violent felony while in
or on the grounds of a school in which the student is enrolled
shall be allowed to choice to a safe school in the same school
district, including a charter school; to the extent possible, the
student should be permitted to transfer to a school that is
making adequate yearly progress and has not been identified
as being in school improvement, corrective action or
restructuring.
4.1 All school districts and charter schools shall
establish a plan that describes their policies and procedures
for providing school choice options to a student who is the
victim of a violent felony, including the process for notifying
parents. These plans shall be forwarded to the Department
of Education by September 15, 2003.
Education Impact Analysis Pursuant To 14 Del.C.
Section 122(d)
811 School Health Record Keeping Requirements
815 Physical Examinations and Screening
817 Administration of Medications and Treatments
A. Type of Regulatory Action Required
New Regulation
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1446 PROPOSED REGULATIONS
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to repeal the
following twelve (12) regulations:
801 Delaware Emergency Treatment Card
802 Delaware School Health Record
803 Daily Log
806 Physical Examinations
807 Vision Screening
808 Hearing Screening
809 Orthopedic Screening
810 Accident Reporting
826 Administration of Prescription Medications
827 Administration of Non-Prescription Medications
828 Assistance with Medications on Field Trips
829 The School Nurse and the Child with Special
Health Needs
and to adopt the following three (3) new revised
regulations:
811 School Health Record Keeping Requirements
815 Physical Examinations and Screening
817 Administration of Medications and Treatments
In the new revised regulations the titles and numbers are
new, the terms "Caregiver and students 18 years of age and
older" have been added when the parent/guardian reference
is used and in addition, much of the wording has been edited
for clarity.
In regulation 811 School Health Record Keeping
Requirements, the use of the term "Daily Log" has been
discontinued, in an effort to move toward a system of
completely computerized individual health records rather
than a log where all students are recorded on the same record
sheet.
In regulation 815 Physical Examinations and Screening,
a statement was added to require that students have their
physical examination within two years of entry into the
school system. Orthopedic Screening has been changed to
"screening for posture and gate" too more accurately
represent what is actually done. Current screening is not a
complete orthopedic screening and the use of the tern
Orthopedic is misleading for parents. The revisions also
change the grades for the vision and hearing screening from
grades 3, 5, 8 and 10 to grades 2, 4, 7 and grades 9 or 10
beginning with school year 2004-2005 and moves the date
for completing this process from December 15th to January
15th of the school year. The grade change will help to
identify vision or hearing problems a year before the state
assessment is administered to allow time for appropriate
follow up. The change to January 15th allows for additional
time to complete the process.
In regulation 817 Administration of Medications and
Treatments, the concept of the administration of treatments
has been added to the administration of medications. In
addition the administration of treatments includes a
reference to the specialized treatments required for some
students. Section 4.0 has been added to assure that the
Individual Education Program (IEP) Team will include the
school nurse when a student requires significant medical and
/or nursing interventions. Regulation 828 Administration of
Medications on Field Trips has been eliminated as a separate
regulation and is included in the new revised regulation 817
as it is part of the whole concept of the administration of
medications during school hours.
C. Impact Criteria
1. Will the new revised regulations help improve
student achievement as measured against state achievement
standards? The new revised regulations address student
health needs which have implications for student
achievement.
2. Will the new revised regulations help ensure that all
students receive an equitable education? The new revised
regulations address school health issues and seek to treat all
students equitably.
3. Will the new revised regulations help to ensure that
all students' health and safety are adequately protected? The
new revised regulations address the health and safety of
students.
4. Will the new revised regulations help to ensure that
all students' legal rights are respected? The new revised
regulations address school health issues and when students'
legal rights are involved their rights are respected.
5. Will the new revised regulations preserve the
necessary authority and flexibility of decision making at the
local board and school level? The new revised regulations
will preserve the necessary authority and flexibility of
decision making at the local board and school level.
6. Will the new revised regulations place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new revised regulations 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 subjects to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subjects to be regulated
will remain in the same entity.
8. Will the new revised regulations be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The new revised regulations will be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1447
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 these regulations? There is not a less
burdensome method for addressing the purpose of these
regulations.
10. What is the cost to the state and to the local school
boards of compliance with these regulations? There is no
additional cost to the state and to the local school boards for
compliance with these regulations?
801 Delaware Emergency Treatment Card
1.0 A Delaware Emergency Treatment Card shall be on file
for every child enrolled in the Delaware Public Education
system and the card must contain at a minimum, requests for
the following information: student's name, birth date, school
district, school, grade, homeroom or teacher, home address,
home phone, mother/guardian's name and/or father/
guardian's name, their place of employment and work
phone, two other names, addresses and phone numbers for
times when the parent or guardian can not be reached, family
physician, name and phone, family dentist, name and phone,
student's medical problems and allergies, the student's
medical insurance and if possible the parent/guardian's
signature. This information may be shared on a need to
know basis.
See 1 DE Reg. 1799 (5/1/98)
802 Delaware School Health Record
1.0 The "School Health Record" is confidential and shall be
stored so that only duly authorized persons have access to it.
2.0 A "School Health Record" shall be prepared for each
school child. When a child is promoted to another school in
the district or transfers to another school in or out of state
this shall accompany the other school records.
3.0 The health record will serve for the duration of the
child's schooling. The school nurse shall use the "Student
Health History Update" to keep health records current.
4.0 The "School Health Record" shall remain in the general
school file or nurse's file during the pupil's attendance in
school. The school nurse shall destroy any duplicate or
partial health record after entries have been transferred to the
official record so that there is only one correct and up-to-date
record.
5.0 No health or psychological data shall be filmed with
school academic records.
6.0 All student health records shall be retained at the school
for two years after termination (graduation, drop-out).
7.0 All health records shall be transferred to the Delaware
Public Archives which will retain the records for a total of 25
years.
See 1 DE Reg. 1798 (5/1/98)
803 Daily Log
1.0 The school nurse shall maintain a daily log which
includes at a minimum:
1.1 School name
1.2 Three point date
1.3 Student's first and last name
1.4 Time of arrival and departure
1.5 Presenting complaint
1.6 Nurse's assessment and plan
1.7 Disposition (return to class, sent home, etc.)
1.8 Parent contact, if appropriate
1.9 Complete nurse's signature
See 1 DE Reg. 1800 (5/1/98)
806 Physical Examinations
1.0 All pupils upon entrance to the Delaware school system
shall have had a physical examination within by a licensed
medical physician, nurse practitioner or physician's
assistant. The physical examination form can be given to the
parent or guardian if requested.
1.1 New enterers have 14 school days to comply with
the regulation before being excluded from school. A
documented appointment with a licensed provider as stated
above will defer exclusion.
1.2 All Students shall have a physical examination each
year before participating in interscholastic sports (see
regulation 1051, section 8.0 and regulation 1052, section
8.0).
1.3 Those selected students whose health status
suggests further follow-up as a result of observations and/or
conferences by the teacher and the school nurse shall have an
additional physical examination or medical consultation.
1.4 Children of Christian Scientist parents may request
exemption from physical exams by having their parents
obtain the proper form from the "Committee on Publication
for Delaware" which is responsible for such matters. The
school should not furnish these forms.
1.5 The school nurse shall record all findings on the
School Health Record.
807 Vision Screening
1.0 All children in kindergarten or grade 1 and in grades 3,
5, 8, and 10 shall receive a vision screening by December
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1448 PROPOSED REGULATIONS
15th of the current school year.
1.1 Students new to the school system, teacher
referrals, those students considered for special education
placement and driver education students shall have a vision
screening.
1.2 The school nurse shall record the results on the
School Health Record.
1.3 The school nurse shall notify parents/guardians if
the child has a suspected vision problem.
See 1 DE Reg. 1797 (5/1/98)
808 Hearing Screening
1.0 All children in kindergarten or grade 1 and in grades 3,
5, 8 and in grade 10 or 11 shall receive a hearing screening
by December 15th of the current school year.
1.1 Students new to the school system and those
students considered for special education placement shall
have a hearing screening.
1.2 Should any child fail the screening, a repeat
screening shall be done within two (2) weeks of the initial
screening.
1.3 The school nurse shall record the test results on the
School Health Record.
1.4 The school nurse shall notify the parents/guardian
that the child has failed the hearing screening and may have
a hearing loss.
See 1 DE Reg. 1797 (5/1/98)
809 Orthopedic Screening
1.0 All pupils in grades 5 through 9 shall have an orthopedic
screening by December 15th of each year.
1.1 The school nurse shall notify the parents/guardian if
a suspected deviation has been detected.
1.2 The school nurse shall record the findings on the
school health record.
See 1 DE Reg. 1813 (5/1/98)
810 Accident Reporting
1.0 In addition to entering an accident incident in daily log,
the school nurse shall make a written report on the
appropriate form to the district office in the following
circumstances:
1.1 The school nurse has referred the student for
medical evaluation, regardless of whether the parent/
guardian followed through on that request.
1.2 The student has missed more than one-half day due
to the accident.
See 1 DE Reg. 1801 (5/1/98)
826 Administration of Prescription Medications
1.0 Medications prescribed by a licensed healthcare
provider may be administered to students by the school nurse
under the following conditions:
1.1 Request received from the parent/guardian.
1.2 The medication is brought/sent to school in the
original container that is properly labeled with the student's
name; the name of the medication; time; dosage; how it is to
be administered; the physician's name; name of pharmacy
and phone number; and a current date of the prescription.
1.3 Any allergies are noted.
1.4 All controlled substances are counted and
reconciled at least once a month and kept under double lock.
1.5 The daily log or special medication record shows
the student's name, time, and date of administration.
1.6 All long-term medications shall be preauthorized
each year.
See 1 DE Reg. 1802 (5/1/98)
827 Administration of Nonprescription Medications
1.0 Nonprescription medications may be administered by
the school nurse to students. The school nurse shall do the
following:
1.1 Assess the particular complaint and symptoms to
determine if other measures can be used before medication is
administered.
1.2 Look for a record of all allergies, especially to
medications, on the student's school health record.
1.3 Have the permission of the parent or guardian to
administer any medications.
1.4 Seek medical attention if the symptoms or
conditions persist.
1.5 Record the student's name, name of medicine,
dosage and time on the daily log.
See 1 DE Reg. 1803 (5/1/98)
828 Assistance With Medications on Field Trips
1.0 Definitions
"Assist a student with medication" means assisting a
student in the self-administration of a medication, provided
that the medication is in a properly labeled container as
hereinafter provided. Assistance may include holding the
medication container for the student, assisting with the
opening of the container, and assisting the student in selfadministering
the medication. Lay assistants shall not assist
with injections. The one exception is with emergency
medications where standard emergency procedures prevail
in lifesaving circumstances.
"Field trip" means any off-campus, school-sponsored
activity.
"Medication" means a drug taken orally, by inhalation,
or applied topically, and which is either prescribed for a
student by a physician or is an over-the-counter drug which a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1449
parent or guardian has authorized a student to use.
"Paraprofessionals" mean teaching assistants or aides.
2.0 Teachers, administrators and paraprofessionals
employed by a student's local school district are authorized
to assist a student with medication on a field trip subject to
the following provisions:
2.1 Assistance with medication shall not be provided
without the prior written request or consent of a parent or
guardian. Said written request or consent shall contain clear
instructions including: the student's name; the name of the
medication; the dose; the time of administration; and the
method of administration. At least one copy of said written
request or consent shall be in the possession of the person
assisting a student with medication on a field trip.
2.2 The medication shall be in a container which is
clearly labeled with the student's name, the name of the
medication, the dose, the time of administration, and the
method of administration. If the medication has been
prescribed by a physician, it shall be in a container which
meets United States Pharmacopoeia/National Formulary
standards and, in addition to the information otherwise
required by this section, shall bear the name of the
prescribing physician, and the name and telephone number
of the dispensing pharmacy.
2.3 A registered nurse employed by the school district
in which the student is enrolled shall determine which
teachers, administrators and paraprofessionals are qualified
to safely assist a student with medication. Each such person
shall complete a Board of Nursing approved training course
developed by the Delaware Department of Education,
pursuant to 24 Del.C. §1921. Said nurse shall complete
instructor training as designated by the Department of
Education and shall submit a list of successful staff
participants to the Department of Education. No person shall
assist a student with medication without written
acknowledgment that he/she has completed the course and
that he/she understands the same, and will abide by the safe
practices and procedures set forth therein.
2.4 Each school district shall maintain a record of all
students receiving assistance with medication pursuant to
this regulation. Said record shall contain the student's name,
the name of the medication, the dose, the time of
administration, the method of administration, and the name
of the person assisting.
2.5 Except for a school nurse, no employee of a school
district shall be compelled to assist a student with
medication. Nothing contained herein shall be interpreted to
otherwise relieve a school district of its obligation to staff
schools with certified school nurses.
829 The School Nurse and the Child with Special Health
Needs
1.0 The school nurse, as a member of the evaluation team
shall:
1.1 Assist in identifying candidates for placement in a
special program.
1.2 Conduct the initial health evaluation and parent a
parent/guardian/ conference.
1.3 Assist in obtaining an in depth health and
developmental history and home environment assessment.
1.4 Provide and interpret all pertinent information
including results of recent physical assessments.
1.5 Develop the individual health maintenance plan
with the student/parent if possible.
1.6 Provide the evaluation team with the health
information necessary to develop the health component of
the individual education plan, IEP.
1.7 Periodically confer with the student, parent and
faculty to revise the health maintenance plan.
1.8 Help the student or the student's parent or guardian
to access appropriate community resources.
1.9 Follow up on medical recommendations and report
to teachers and appropriate personnel.
1.10 Provide and/or supervise nursing treatment,
medications, and specialized health procedures with the
following conditions:
1.10.1 A written request shall be obtained from
the parent for the procedure.
1.10.2 A written authorization from the child's
physician shall be on file.
1.10.3 Each change in the request from the parent
or physician requires reauthorization. All requests shall be
re-authorized each year.
1.10.4 A daily treatment log that includes child's
name, date and time shall be kept on all medications and
treatment administered with any reactions or comments
noted.
811 School Health Record Keeping Requirements
1.0 Emergency Treatment Card
1.1 An Emergency Treatment Card shall be on file for
each public school student. The card shall contain general
emergency procedures for the care of a student when the
student becomes sick or injured at school. The card shall
contain the student's name, birth date, school district, school,
grade, home room or teacher, home address, home telephone
and the name, place of employment and work telephone of
the parent/guardian/Caregiver. The card shall also contain
two other names, addresses and phone numbers of
individuals who can be contacted at times when the parent/
guardian or Caregiver can not be reached. The name and
telephone number of the family physician and family dentist,
any medical conditions and/or allergies the student has and
the student's medical insurance shall be on the Emergency
Treatment Card. The information on the Emergency
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1450 PROPOSED REGULATIONS
Treatment Card may be shared only on a need to know basis.
The parent/guardian/Caregiver or the student (if 18 years or
older) shall sign the card to assure they understand the
purpose of the card and acknowledge the accuracy of the
information.
2.0 School Health Record
2.1 A School Health Record shall be prepared and
updated for each public school student. This record is
confidential and shall be protected so that only duly
authorized persons have access to it.
2.2 When a student transfers to another school in the
district or transfers to another school in or out of state, the
School Health Record shall be forwarded with the student's
other school records.
2.3 The School Health Record shall be maintained for
the duration of the student's schooling. The school nurse
shall use the Student Health History Update form to keep
health records current.
2.4 The School Health Record shall remain in the
general school file or nurse's file during the student's
attendance in school. The school nurse shall destroy any
duplicate or partial health record after entries have been
transferred to the official record so that there is only one
correct and up-to-date record.
[Non-regulatory note: also see Department of
Education Regulation 250 Procedures Related to
the Collection, Maintenance and Disclosure of
Student Data and the Delaware Public Archives
Document Delaware School Districts General
Records Retention Schedule.]
2.5 The school nurse shall document any nursing care
provided including: the school name, a three point date, the
person's (student, staff or visitor) first and last name, the
time of arrival and departure, the presenting complaint, the
nurse's assessment intervention plan and outcome, the
disposition of the situation, the parent/other contact, if
appropriate, and the nurse's complete signature.
2.5.1 Accident Reporting: In addition to
documenting the care given at the time of an accident, the
school nurse shall also complete the Student Accident Report
Form if the school nurse has referred the student for a
medical evaluation regardless of whether the parent/
guardian/Caregiver or student (if 18 years or older) followed
through on that request and/or if the student missed more
than one-half day due to the accident.
3.0 The school nurse shall submit the Department of
Education form, Summary of School Health Services for his
or her building to the local school district or charter school
designee. The district or charter school shall submit the
summary of all school health services to the Department by
June 30st of each school year.
815 Physical Examinations and Screening
1.0 Physical Examinations
1.1 All public school students shall have a physical
examination that has been administered by a licensed
medical physician, nurse practitioner or physician's
assistant. The physical examination shall have been done
within the two years prior to entry into school. Within
fourteen calendar days after notification of the requirement
for a physical examination, new enterers shall have received
a physical examination or shall have a documented
appointment with a licensed healthcare provider for a
physical examination.
1.1.1 The requirement for the physical
examination may be waived for students whose parent or
legal guardian presents a written declaration acknowledged
before a notary public, that because of individual religious
beliefs, they reject the concept of physical examinations.
1.1.2 The school nurse shall record all findings
on the School Health Record.
[Non regulatory note: regulations 1051 DIAA
Senior High School Interscholastic Athletic
Association and 1052 DIAA Junior High/Middle
School Interscholastic Athletic Association for
physical examination requirements associated with
participation in sports.]
2.0 Screening
2.1 Vision and Hearing Screening
2.1.1 Beginning with the school year 2004-
2005, each public school student in kindergarten and in
grades 2, 4, 7 and grades 9 or 10 shall receive a vision and a
hearing screening by January 15th.
2.1.1.1 In addition to the screening
requirements in 2.1.1, screening shall also be provided to
new enterers, students referred by a teacher or an
administrator, and students considered for special education.
2.1.1.1.1 Driver education
students shall have a vision screening within a year prior to
their in-car driving hours.
2.1.2 The school nurse shall record the results
on the School Health Record and shall notify the parent/
guardian/Caregiver or the student (if 18 years or older) if the
student has a suspected problem.
2.2 Postural and Gait Screening
2.2.1 Each public school student in grades 5
through 9 shall receive a postural and gait screening by
December 15th .
2.2.2 The school nurse shall record the findings
on the school health record and shall notify the parents/
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1451
guardian/Caregiver or the student (if 18 years or older) if a
suspected deviation has been detected.
817 Administration of Medications and Treatments
1.0 Medications, in their original container, and treatments
may be administered to a public school student by the school
nurse when a written request to administer the medication or
treatment is on file from the parent/guardian/Caregiver or the
student (if 18 years or older). The school nurse shall check
the student health records and history for contraindications
and all allergies, especially to the medications, and shall
provide immediate medical attention if an allergic reaction is
observed or make a referral if symptoms/conditions persist.
The school nurse shall also document the student's name, the
name of medication and/or treatment administered, the date
and time it was administered and the dosage if medication
was administered.
2.0 Any prescribed medication or treatment administered to
a student, in addition to the requirements in 1.0, shall be
prescribed by a licensed healthcare provider. Prescription
medication shall be properly labeled with the student's
name; the licensed healthcare provider's name; the name of
the medication; the dosage; how and when it is to be
administered; the name and phone number of the pharmacy
and the current date of the prescription. The medication
shall be in a container which meets United States
Pharmacopoeia/National Formulary standards. Treatment,
including, specialized health procedures, shall be signed by a
licensed healthcare provider with directions on how and
when to administer.
2.1 The prescription and the medication shall be current
and long term prescriptions shall be re-authorized at least
once a year.
2.2 All medications classified as controlled substances
shall be counted and reconciled each month by the school
nurse and kept under double lock.
3.0 Non-prescription medications may be given by the
school nurse after the nurse assesses the complaint and the
symptoms to determine if other interventions can be used
before medication is administered and if all requirements in
1.0 have been met.
4.0 For a student who requires significant medical and/or
nursing interventions, the Individual Education Program
(IEP) team shall include the school nurse.
5.0 Assistance With Medications on Field Trips
5.1 Definitions
"Assist a student with medication" means assisting
a student in the self-administration of a medication, provided
that the medication is in a properly labeled container as
hereinafter provided. Assistance may include holding the
medication container for the student, assisting with the
opening of the container, and assisting the student in selfadministering
the medication. Lay assistants shall not assist
with injections. The one exception is with emergency
medications where standard emergency procedures prevail
in lifesaving circumstances.
"Field trip" means any off-campus, schoolsponsored
activity.
"Medication" means a drug taken orally, by
inhalation, or applied topically, and which is either
prescribed for a student by a physician or is an over-thecounter
drug which a parent or guardian has authorized a
student to use.
"Paraprofessionals" mean teaching assistants or
aides.
5.2 Teachers, administrators and paraprofessionals
employed by a student's local school district are authorized
to assist a student with medication on a field trip subject to
the following provisions:
5.2.1 Assistance with medication shall not be
provided without the prior written request or consent of a
parent guardian or Caregiver. Said written request or
consent shall contain clear instructions including: the
student's name; the name of the medication; the dose; the
time of administration; and the method of administration. At
least one copy of said written request or consent shall be in
the possession of the person assisting a student with
medication on a field trip.
5.2.2 The prescribed medication, in addition to
the requirements in 1.0, shall be prescribed by a licenced
healthcare provider. The medication shall be properly
labeled with the students' name; the licensed healthcare
provider's name; the name of the medication; the dosage;
how and when it is to be administered; the name and phone
number of the pharmacy and the current date of the
prescription. The medication shall be in a container which
meets United States Pharmacopoeia/National Formulary
standards.
5.2.3 A registered nurse employed by the school
district in which the student is enrolled shall determine
which teachers, administrators and paraprofessionals are
qualified to safely assist a student with medication. In order
to be qualified, each such person shall complete a Board of
Nursing approved training course developed by the
Delaware Department of Education, pursuant to 24 Del.C.
§1921. Said nurse shall complete instructor training as
designated by the Department of Education and shall submit
a list of successful staff participants to the Department of
Education. No person shall assist a student with medication
without written acknowledgment that he/she has completed
the course and that he/she understands the same, and will
abide by the safe practices and procedures set forth therein.
5.2.4 Each school district shall maintain a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1452 PROPOSED REGULATIONS
record of all students receiving assistance with medication
pursuant to this regulation. Said record shall contain the
student's name, the name of the medication, the dose, the
time of administration, the method of administration, and the
name of the person assisting.
5.2.5 Except for a school nurse, no employee of
a school district shall be compelled to assist a student with
medication. Nothing contained herein shall be interpreted to
otherwise relieve a school district of its obligation to staff
schools with certified school nurses.
[Non-regulatory note: Regulation 876 Possession,
Use and Distribution of Drugs and Alcohol Section
3.12 addresses student self administration of a
prescribed asthmatic quick relief inhaler.]
PROFESSIONAL STANDARDS BOARD
393 Delaware Professional Teaching Standards
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
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 amend
regulation 393 Delaware Professional Teaching Standards of
the Regulations of the Department of Education. The
proposed amendments align the Delaware Professional
Teaching Standards with the Model Standards for Licensing
General and Special Education Teachers of Students with
Disabilities developed by the Interstate New Teacher
Assessment and Support Consortium, a program of the
Council of Chief State School Officers. The Delaware
Professional Teaching Standards enacted in 1998 were
aligned with the INTASC Model Standards for Teachers.
The 2001 INTASC Model Standards for Licensing General
and Special Education Teachers of Students with Disabilities
reflect current research and changes resulting from the last
reauthorization of IDEA. The amended regulation will also
be renumbered to reflect its movement to the Professional
Standards Board section of the regulations. The regulation
concerns standards for teachers.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state
achievement standards? The amended regulation addresses
student achievement and concerns the establishment of
uniform standards for the performance of teachers.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation helps ensure that all teachers demonstrate high
standards of performance.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses teacher standards, not health
and safety issues.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended
regulation addresses teacher standards, not students' legal
rights.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision makers at the local
board and school level? The amended regulation will
preserve the necessary authority and flexibility of
decision makers 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 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 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 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?
14 Del. C. requires that we promulgate this 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 local
school boards for compliance with the amended regulation.
393 1593 Delaware Professional Teaching Standards
1.0 Content: The Delaware Professional Teaching
Standards establish a common set of knowledge, skills, and
attributes expected of Delaware's teachers. In accordance
with 14 Del. C. § 1205, this regulation shall be applied to all
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1453
teachers employed within the public schools and charter
schools of the State of Delaware.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Alignment of assessment" means Tthe ability to
determine what students know and are able to do with
respect to the curriculum is dependent upon how well the
assessment methods and tasks are aligned with, or in
agreement with, the curriculum. Assessments should be
aligned with the content of the curriculum, consistent with
the instructional approaches, and address the range of topics
as weighted in the curriculum.
"Authentic experiences" means Tthe use of
performances, or "authentic activities", such as writing a
letter, solving a real-world mathematics problem, or
investigating a question in science, as a way to teach and to
assess student learning.
"Culturally and/or linquistically diverse" means
Sstudents and families who come to schools with cultural
and/or language backgrounds that differ from the
predominant experience of monolingual English speakers.
The term calls attention to the range of geographic
background, cultural heritage, and level of English
proficiency found among students in schools.
"Codes of conduct" mean many professional
educational organizations have adopted codes of conduct
adopted by professional educational organizations that
establish the ethical parameters that guide professional
behavior. The codes range from general guides for teachers
(NEA) to more specific guidelines for teachers of certain
subject area.
"Communication theory" means Aan understanding of
the principles of communication theory (e.g., productive and
receptive communication, cultural context of language,
metacommunication) as they apply in practice in the
classroom.
"Community" means Tthe school community and
includes teachers, administrators, students, and parents and/
or guardians. However, the schools are a part of a larger
community (i.e., neighborhood, town, city) that supports the
school and the students will live.
"Disciplines" means Aacademic disciplines which
include the arts, humanities, languages, mathematics, and
natural and social sciences that provide the basis of the
subjects taught in schools.
"Discourse" means discourse refers to both the writing
and speaking in the classroom that teachers and students
engage in as they seek ways to represent ideas, concepts and
their thinking. It is the ways in which they discuss agree and
disagree, and explore the discipline.
"Diverse learners" means Sstudents are individuals who
differ in the ways in which they learn. They have different
learning styles, modalities, interests, talents and
personalities, all of which affect the ways in which teachers
design instruction.
"Domains" means Tthe broad areas of human
development - intellectual, social, emotional, and physical -
that influence learning.
"Educational Technology" means Tthe use of any
technology (e.g., word processing, data retrieval, electronic
mail) as a set of skills that can be learned and used to support
learning in the classroom.
"Habits of Mmind" mean Mmental habits influence
what students do and how they learn. The development of
habits of mind, like perseverance, confidence, a willingness
to explore new ideas and experiment, seeking feedback from
others, valuing accuracy and precision, avoiding impulsivity,
are a part of the teaching and learning process.
"Health" means Hhealth issues that can affect learning
range from cerebral palsy, Down's Syndrome, and other
severe disabilities to less pronounced and not easily detected
concerns such as diabetes or asthma or nutrition. An
awareness of these conditions and how they affect learning
furthers a teacher's ability to meet the needs of students.
"Instructional Ttechnology"means Tthe use of specific
technologies that are integrated with content to enhance
learning within the disciplines (e.g., graphing calculators in
mathematics, accounting or tax software in business, editing
software for writing).
"Learning Ttheory" means Aan understanding of the
principles of learning theory (e.g., behaviorism,
constructivism, transmission of knowledge) as they apply in
practice in the classroom.
"Meaningful (to students)" means Meaningful is
intended to convey a sense of purpose to students for their
learning. The content takes on significance because of the
connections that are made between the learning and students'
lives. It helps students make sense out of what they are
learning.
"Measurement Ttheory" means Aan understanding of
the principles of measurement theory (e.g., validity,
reliability, bias in testing, test construction, interpretation of
tests) as they apply in practice in the classroom.
"Media Ccommunication" means Tthe use of technologies
that document events (e.g., audio- tape, videotape, electronic
transfer of information through computer programs) as a
means of communicating information.
"Methods (Pprocess) of Iinquiry" means Inquiry is the
process through which students make new discoveries,
extend their knowledge, or deepen their understandings of
things they already know. Students need to be able to create,
observe, compare, question, record and interpret data,
evaluate and revise, search resources, and share information.
"Multicultural" means The term multicultural is usually
used as an adjective to describe the diverse cultural
backgrounds of students and their families and school
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1454 PROPOSED REGULATIONS
personnel, with an emphasis on their ethnicity, race, religion,
gender, socio-economic status, and family structures. The
term takes on importance in the development of teachers as
they learn to recognize the importance of these factors in the
education process.
"Multiple Aassessments" means Ddecisions about what
students know and are able to do should be based on an
analysis of information obtained from a variety of sources of
evidence. Assessments should be conducted in a variety of
formats (e.g., written and oral tests, observations,
performances) and address the full range of content.
"Multiple Iintelligences" means Bbased on the writing
of Howard Gardner, the identification of seven abilities (i.e.,
linguistic, logical-mathematical, spatial, musical,
bodily-kinesthetic, inter-personal, intra-personal) that
describe distinct aspects of "intelligent."
"Nonverbal Ccommunication" means Ccommunication
through means other than the use of words (e.g., facial
expressions, body position, action).
"Pedagogical Kknowledge" means Pedagogical
knowledge is the knowledge of how to teach the knowledge
of instructional methods.
"Performance" means Ccarrying out or completing an
activity or production which displays a student's knowledge
and ability through demonstration.
"Performance Mmodes" means Tthe range of ways in
which students can demonstrate what they know and are able
to do (e.g., writing, speaking, visual works, videotapes,
enacting).
"Professional Ggrowth"means Tthe process in which
teachers examine the relationship between what they and
their students are doing and what their students are learning.
This process involves self-reflection and feedback from
students and colleagues and an exploration of the findings
from research, as well as the use of this information as the
basis for improving personal practice in the future.
"Structures" means Tthe structures of disciplines which
provide the overall framework which both connects and
transcends the skills and content of the discipline. The big
picture or outline of the discipline helps students understand
the commonalties and the interrelationships of concepts
within a discipline. An understanding of the structure of a
discipline allows students to see connections as they acquire
new knowledge.
"Technology" means Tthe use of the word technology
is meant to encompass both educational and instructional
technology within this document unless one of these terms is
used specifically.
"Theory" means Tthe knowledge of the principles and
methods of a science (e.g., learning, measurement) as
contrasted with its application.
3.0 1.0 Content: The teacher understands the core concepts
and structure(s) of the discipline(s) and their related content
standards and creates learning experiences that make the
content meaningful to students.
31.1 Knowledge Components
31.1.1 Understands major concepts, principles,
and theories that are central to the discipline
31.1.2 Understands the dynamic and complex
nature of the content of the discipline
31.1.3 Understands the processes of inquiry
central to the discipline
31.1.4 Understands the relationship of knowledge
within the discipline to other content areas and to life
applications
31.2 Performance Indicators
31.2.1 Uses a variety of explanations and
multiple representations of concepts to help develop
conceptual understanding
31.2.2 Anticipates and adjusts for common
misunderstandings that impede learning within the discipline
31.2.3 Engages students in generating and testing
knowledge according to the processes of inquiry of the
discipline
31.2.4 Creates learning experiences that make
connections to other content areas and to life experiences
4 2.0 Human Development and Learning: The teacher
understands how children develop and learn and provides
learning opportunities that support the intellectual, social,
emotional and physical development of the students each
learner.
42.1 Knowledge Components
42.1.1 Understands learning theory, including
how students construct knowledge, acquire skills, and
develop habits of mind
42.1.2 Understands human development,
including the ranges of individual variation within each
domain
42.1.3 Understands the interaction between
student development and learning
42.2 Performance Indicators
42.2.1 Chooses developmentally appropriate
instructional strategies that promote student learning
42.2.2 Develops concepts and principles at
different levels of complexity so that they are meaningful to
students at varying levels of development
4 3.0 Diverse Learners: The teacher understands how
students differ and adapts instruction for diverse learners.
43.1 Knowledge Components
43.1.1 Understands how student learning is
influenced by individual experiences, talents, and prior
learning, as well as language, culture, gender, health, family,
and community
43.1.2 Understands differences in approaches to
learning and performance, including learning styles, multiple
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PROPOSED REGULATIONS 1455
intelligences, and performance modes
43.1.3 Understands cultural diversity and how to
incorporate multi-cultural experiences into instruction
43.1.4 Understands areas of exceptionality in
learning, including talented and gifted and special needs, and
how to access strategies to accommodate individual
differences
43.1.5 Understands the process of second
language acquisition and how to access strategies to support
learning for students whose first language is not English
43.1.6 Understands the needs of culturally and/or
linguistically diverse students
43.1.7 Understands when and how to access
appropriate resources or services to meet special learning
needs
43.1.8 Understands the major principles and
parameters of federal and state disability legislation and
regulation.
43.2 Performance Indicators
43.2.1 Accepts and values all students
43.2.2 Treats all students equitably
43.2.3 Respects students as individuals with
differing experiences, skills, talents, and interests
43.2.4 Uses cultural diversity and individual
student experiences to enrich instruction
43.2.5 Designs instructional activities that
address the range of student learning styles, multiple
intelligences and performance modes
43.2.6 Makes appropriate provisions for
individual students who have particular learning differences
or needs
54.0 Communication: The teacher understands and uses
effective communication.
54.1 Knowledge Components
54.1.1 Understands communication theory and its
application Understands the general types of communication
strategies and appropriate assistive technology that can be
incorporated as a regular part of their instruction.
54.1.2 Understands effective oral, written,
nonverbal, and media communication techniques
54.1.3 Understands the importance of audience
and purpose when selecting ways to communicate ideas
54.1.4 Understands how cultural and gender
differences may affect communication in the classroom
Understands potential positive and negative effects of their
verbal and non-verbal messages on students with cultural,
gender and ability differences.
54.2 Performance Indicators
54.2.1 Uses a variety of communication
techniques
54.2.2 Communicates effectively with diverse
populations
54.2.3 Models accurate and grammatically
correct language
54.2.4 Creates opportunities for students to learn
effective communication
65.0 Learning Environment: The teacher understands
individual and group behavior and creates a learning
environment that fosters active engagement, self-motivation,
and positive social interaction.
65.1 Knowledge Components
65.1.1 Understands principles of effective
classroom management
65.1.2 understands factors that influence
motivation and engagement and how to help students
become self-motivated
65.1.3 Understands individual behavior and how
individuals behave in groups
65.1.4 Understands group dynamics and how
groups function within a community
65.1.5 Understands how to help students learn to
participate effectively in group
65.2 Performance Indicators
65.2.1 Establishes and maintains a classroom
environment with clear expectations and standards of
behavior
65.2.2 Organizes, allocates, and manages time,
materials, and physical space to support learning
65.2.3 Establishes classroom practices that
promote a safe environment
65.2.4 Creates a learning community which
respects individual differences
65.2.5 Establishes a classroom environment
which promotes positive relationships, cooperation, and
purposeful learning
65.2.6 Creates a classroom environment where
student thoughts and ideas are a basis for exploring and
developing understanding
65.2.7 Creates a learning community in which
students work independently and collaboratively
65.2.8 Encourages students to assume
responsibility for their own learning and behavior
76.0 Planning for Instruction: The teacher understands
instructional planning and designs instruction based upon
knowledge of the disciplines, students, the community, and
Delaware's student content standards.
76.1 Knowledge Components
76.1.1 Understands how to incorporate learning
theory, content, curriculum development, and assessment,
and student development when planning
76.1.2 Understands that effective instructional
planning includes the alignment of assessment and
instruction prior to implementation
76.1.3 Understands how to develop short- and
long-range plans consistent with curriculum goals, learner
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1456 PROPOSED REGULATIONS
diversity, and learning theory
76.1.4 Understands how to make connections
between student experiences and education goals
7.1.5 Understands how to maximize the
participation and engagement of students with disabilities in
a general or expanded curriculum.
76.2 Performance Indicators
76.2.1 Evaluates teaching resources and materials
for accuracy and usefulness
76.2.2 Applies principles of scope and sequence
when planning instruction
76.2.3 Creates approaches to learning that are
interdisciplinary and that integrate multiple content areas
76.2.4 Creates and selects learning materials and
learning experiences appropriate for the discipline and
curriculum goals
76.2.5 Uses student prior knowledge and
principles of effective instruction to plan learning activities
relevant to students
76.2.6 Incorporates authentic experiences into
instructional planning
76.2.7 Creates multiple learning activities that
allow for student choice
76.2.8 Establishes and communicates
expectations for student learning
76.2.9 Creates and adapts short- and long-range
plans to achieve the expectations for student learning
76.2.10 Incorporates assessment components into
instructional planning
87.0 Instructional Strategies: The teacher understands a
variety of instructional approaches and uses them to promote
student thinking, understanding, and application of
knowledge.
87.1 Knowledge Components
87.1.1 Understands principles and techniques of a
broad range of instructional approaches, including
questioning, problem solving, discourse, activation of prior
knowledge, and student reflection on learning
87.1.2 Understands the relationship between
instructional approaches, assessment, and the types of
learning promoted
87.1.3 Understands how instructional materials
and educational technologies enhance learning
87.2 Performance Indicators
87.2.1 Uses a range of instructional approaches
that allows students to explore concepts and develop an
in-depth understanding of content
87.2.2 Designs lessons that routinely engage
students in activities that develop problem solving and
critical thinking skills
87.2.3 Designs instructional activities that
provide opportunities for students to apply knowledge
87.2.4 Uses a variety of materials and educational
technologies to enhance student thinking and further
conceptual understanding
87.2.5 Assumes different roles in the
instructional process based on the content and purposes of
instruction
87.2.6 Uses a range of questioning techniques to
promote different levels of understanding
87.2.7 Emphasizes communication as a vehicle
for learning, through the use of discussion, listening,
collaboration, and responding to the ideas of others
87.2.8 Links new concepts to student prior
knowledge
87.2.9 Promotes student awareness of their own
thought processes and how to use reflection to build new
understandings
87.2.10 Incorporates assessment components into
instructional delivery
98.0 Assessment: The teacher understands multiple
assessment strategies and uses them for the continuous
development of students.
98.1 Knowledge Components
98.1.1 Understands measurement theory,
including principles of testing and assessment (e.g., design,
validity, reliability, and bias)
98.1.2 Understands assessment as a means of
collecting information about student progress
98.1.3 Understands the purposes and
characteristics of different kinds of assessments
98.1.4 Understands how to select, construct, and
use assessment strategies and instruments for diagnosis and
evaluation of learning
98.1.5 Understands how to use the results of
assessment to reflect on and modify teaching
98.2 Performance Indicators
98.2.1 Uses assessment to diagnose student
learning needs as a basis for designing instruction
98.2.2 Uses a variety of assessment modes and
multiple measures to evaluate student learning
98.2.3 Uses both formal and informal assessment
strategies to monitor and evaluate student understanding,
progress, and performance
98.2.4 Aligns assessment with instruction
98.2.5 Maintains accurate records and
communicates student progress
98.2.6 Involves students in self-assessment to
help them become aware of their strengths and needs
98.2.7 Encourages students to establish personal
goals for learning based on self-assessment and assessment
results
98.2.8 Modifies instruction based on assessment
results
109.0 Professional Growth: The teacher understands the
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PROPOSED REGULATIONS 1457
importance of continuous learning and pursues opportunities
to improve teaching.
109.1 Knowledge Components
109.1.1 Understands that reflection on teaching is
an integral part of professional growth
109.1.2 Understands the implications of
educational research for teaching
109.1.3 Understands methods of inquiry that
provide for a variety of self-assessment and problem-solving
strategies for reflecting on practice
109.2 Performance Indicators
109.2.1 Engages in continuous learning
109.2.2 Participates in professional discourse
about educational issues
109.2.3 Uses classroom observation, information
about students, pedagogical knowledge, and research as
sources for active reflection, evaluation, and revision of
practice
109.2.4 Collaborates with other professionals as
resources for problem-solving, generating new ideas, sharing
experiences, and seeking and giving feedback
1110.0 Professional Relationships: The teacher
understands the role of the school in the community and
collaborates with colleagues, parents/guardians, and other
members of the community to support student learning and
well-being.
1110.1 Knowledge Components
1110.1.1 Understands how schools are organized
and operate
1110.1.2 Understands schools as organizations
within the larger community context
1110.1.3 Understands the importance of
community-school interaction
1110.1.4 Understands the importance of
collaboration in education
1110.2 Performance Indicators
1110.2.1 Cooperates with colleagues to develop an
effective learning climate within the school
1110.2.2 Collaborates with other professionals to
solve problems and make decisions to promote student
success
1110.2.3 Develops relationships with parents and
guardians to acquire an understanding of the students' lives
outside of the school
1110.2.4 Works effectively with parents/guardians
and other members of the community to advocate for student
need and to promote learning
1110.2.5 Identifies and uses community resources
to enhance student learning and to provide opportunities for
students to explore career opportunities
1211.0 Educational Technology: The teacher understands
the role of educational technology in learning and uses
educational technology as an instructional and management
tool.
1211.1 Knowledge Components
1211.1.1 Understands how to use various
educational technological tools to access and manage
information
1211.1.2 Understands how to integrate educational
technology into classroom instruction
1211.1.3 Understands how to review and evaluate
educational technologies to determine instructional value
1211.1.4 Understands the uses of instructional
technology to address student needs
1211.2 Performance Indicators
1211.2.1 Designs instruction to promote student
skills in the use of educational technologies to access and
manage information
1211.2.2 Uses a wide range of instructional
technologies to enhance student learning and
problem-solving
1211.2.3 Uses technological advances in
communication to enrich discourse in the classroom
1211.2.4 Uses appropriate educational technology
to create and maintain data bases for monitoring student
progress
1312.0 Professional Conduct: The teacher understands and
maintains standards of professional conduct guided by legal
and ethical principles.
1312.1 Knowledge Components
1312.1.1 Understands school policies and
procedures
1312.1.2 Understands legal issues in education
1312.1.3 Understands the codes of conduct of
professional education organizations
1312.2 Performance Indicators
1312.2.1 Acts in the best interests of students
1312.2.2 Follows school policies and procedures,
respecting the boundaries of professional responsibilities,
when working with students, colleagues, and families
1312.2.3 Follows local, state, and federal law
pertaining to educational and instructional issues, including
regulations related to student rights and teacher
responsibilities
1312.2.4 Interacts with students, colleagues,
parents, and others in a professional manner
1312.2.5 Follows codes of professional conduct
adopted by the Delaware Professional Standards Board.
13.0 "Alignment of Assessment": The ability to
determine what students know and are able to do with
respect to the curriculum is dependent upon how well the
assessment methods and tasks are aligned with, or in
agreement with, the curriculum. Assessments should be
aligned with the content of the curriculum, consistent with
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1458 PROPOSED REGULATIONS
the instructional approaches, and address the range of topics
as weighted in the curriculum.
"Authentic Experiences": The use of performances, or
"authentic activities", such as writing a letter, solving a
real-world mathematics problem, or investigating a question
in science, as a way to teach and to assess student learning.
"Culturally and/or Linquistically Diverse": Students and
families who come to schools with cultural and/or language
backgrounds that differ from the predominant experience of
monolingual English speakers. The term calls attention to
the range of geographic background, cultural heritage, and
level of English proficiency found among students in
schools.
"Codes of Conduct": Many professional educational
organizations have adopted codes of conduct that establish
the ethical parameters that guide professional behavior. The
codes range from general guides for teachers (NEA) to more
specific guidelines for teachers of certain subject area.
"Communication Theory": An understanding of the
principles of communication theory (e.g., productive and
receptive communication, cultural context of language,
metacommunication) as they apply in practice in the
classroom.
"Community": The school community includes:
teachers, administrators, students, and parents and/or
guardians. However, the schools are a part of a larger
community (i.e., neighborhood, town, city) that supports the
school and the students will live.
"Disciplines": Academic disciplines include the arts,
humanities, languages, mathematics, and natural and social
sciences that provide the basis of the subjects taught in
schools.
"Discourse": Discourse refers to both the writing and
speaking in the classroom that teachers and students engage
in as they seek ways to represent ideas, concepts and their
thinking. It is the ways in which they discuss agree and
disagree, and explore the discipline.
"Diverse learners": Students are individuals who differ
in the ways in which they learn. They have different learning
styles, modalities, interests, talents and personalities, all of
which affect the ways in which teachers design instruction.
"Domains": The broad areas of human development -
intellectual, social, emotional, and physical - that influence
learning.
"Educational Technology": The use of any technology
(e.g., word processing, data retrieval, electronic mail) as a
set of skills that can be learned and used to support learning
in the classroom.
"Habits of Mind": Mental habits influence what
students do and how they learn. The development of habits
of mind, like perseverance, confidence, a willingness to
explore new ideas and experiment, seeking feedback from
others, valuing accuracy and precision, avoiding impulsivity,
are a part of the teaching and learning process.
"Health": Health issues that can affect learning range
from cerebral palsy, Down's Syndrome, and other severe
disabilities to less pronounced and not easily detected
concerns such as diabetes or asthma or nutrition. An
awareness of these conditions and how they affect learning
furthers a teacher's ability to meet the needs of students.
"Instructional Technology": The use of specific
technologies that are integrated with content to enhance
learning within the disciplines (e.g., graphing calculators in
mathematics, accounting or tax software in business, editing
software for writing).
"Learning Theory": An understanding of the principles
of learning theory (e.g., behaviorism, constructivism,
transmission of knowledge) as they apply in practice in the
classroom.
"Meaningful (to students)": Meaningful is intended to
convey a sense of purpose to students for their learning. The
content takes on significance because of the connections that
are made between the learning and students' lives. It helps
students make sense out of what they are learning.
"Measurement Theory": An understanding of the
principles of measurement theory (e.g., validity, reliability,
bias in testing, test construction, interpretation of tests) as
they apply in practice in the classroom.
"Media Communication": The use of technologies that
document events (e.g., audio- tape, videotape, electronic
transfer of information through computer programs) as a
means of communicating information.
"Methods (Process) of Inquiry": Inquiry is the process
through which students make new discoveries, extend their
knowledge, or deepen their understandings of things they
already know. Students need to be able to create, observe,
compare, question, record and interpret data, evaluate and
revise, search resources, and share information.
"Multicultural": The term multicultural is usually used
as an adjective to describe the diverse cultural backgrounds
of students and their families and school personnel, with an
emphasis on their ethnicity, race, religion, gender,
socio-economic status, and family structures. The term takes
on importance in the development of teachers as they learn
to recognize the importance of these factors in the education
process.
"Multiple Assessments": Decisions about what students
know and are able to do should be based on an analysis of
information obtained from a variety of sources of evidence.
Assessments should be conducted in a variety of formats
(e.g., written and oral tests, observations, performances) and
address the full range of content.
"Multiple Intelligences": Based on the writing of
Howard Gardner, the identification of seven abilities (i.e.,
linguistic, logical-mathematical, spatial, musical,
bodily-kinesthetic, inter-personal, intra-personal) that
describe distinct aspects of "intelligent."
"Nonverbal Communication": Communication through
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1459
means other than the use of words (e.g., facial expressions,
body position, action).
"Pedagogical Knowledge": Pedagogical knowledge is
the knowledge of how to teach the knowledge of
instructional methods.
"Performance": Carrying out or completing an activity
or production which displays a student's knowledge and
ability through demonstration.
"Performance Modes": The range of ways in which
students can demonstrate what they know and are able to do
(e.g., writing, speaking, visual works, videotapes, enacting).
"Professional Growth": The process in which teachers
examine the relationship between what they and their
students are doing and what their students are learning. This
process involves self-reflection and feedback from students
and colleagues and an exploration of the findings from
research, as well as the use of this information as the basis
for improving personal practice in the future.
"Structures": The structures of disciplines provide the
overall framework which both connect and transcend the
skills and content of the discipline. The big picture or
outline of the discipline helps students understand the
commonalties and the interrelationships of concepts within a
discipline. An understanding of the structure of a discipline
allows students to see connections as they acquire new
knowledge.
"Technology": The use of the word technology is
meant to encompass both educational and instructional
technology within this document unless one of these terms is
used specifically.
"Theory": The knowledge of the principles and
methods of a science (e.g., learning, measurement) as
contrasted with its application.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Statutory Authority: 11 Delaware Code,
Chapter 85 (11 Del.C. Ch. 85)
Regulations Governing the Adult Abuse Registry
Public Notice
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection, has
prepared two draft regulations amending the Regulations
Governing the Adult Abuse Registry pursuant to 11 Del. C.,
Section 8564(g). The first proposed regulation specifies that
the information to be disclosed upon completion of an
investigation shall include the date and time of the incident if
that information is known. The second proposed regulation
strikes the use of the term "adult abuse" in order to
acknowledge that various criminal convictions may result
from conduct which has also led to placement on the Adult
Abuse Registry.
Invitation For Public Comment
A public hearing will be held as follows:
Wednesday, June 4, 2003, 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
revised regulations and should be sent to the following
address:
John Thomas Murray
Division of LongTerm Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the public hearing.
Section l: Definitions
"Abuse" shall have the same meaning as contained in
16 Del. C., § 1131, and shall include mistreatment, neglect
and financial exploitation as defined therein.
"Child Care Facility" means any child care facility
which is required to be licensed by the Department of
Services for Children, Youth and Their Families.
"Contractor" means an entity under contract to
provide services for more than 20 hours per week
(aggregate) and for more than six weeks in a twelve month
period for a health care service provider, and whose
employees have the opportunity for direct access to persons
receiving care. For purposes of these regulations, contractor
does not include construction contractors.
"Department" means the Department of Health and
Social Services.
"Direct Access" means the opportunity to have
personal contact with persons receiving care during the
course of one's assigned duties.
"Division" means the Division of Long Term Care
Residents Protection.
"Health Care Service Provider" means any person or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1460 PROPOSED REGULATIONS
entity that provides services in a custodial or residential
setting where health, nutritional or personal care is provided
for persons receiving care, including but not limited to,
hospitals, home health care agencies, adult care facilities,
temporary employment agencies and contractors that place
employees or otherwise provide services in custodial or
residential settings for persons receiving care, and hospice
agencies. Health Care Service Provider does not include any
private individual who is seeking to hire a self-employed
health caregiver in a private home.
"Nursing Facility and Similar Facility" means any
facility required to be licensed under 16 Del. C., Ch. 11.
This includes, but is not limited to, facilities commonly
called nursing homes, assisted living facilities, intermediate
care facilities for persons with mental retardation,
neighborhood group homes, family care homes and rest
residential care facilities. Also included are the Stockley
Center, the Delaware Psychiatric Center and hospitals
certified by the Department of Health and Social Services
pursuant to 16 Del. C. § 5001 or 5136.
"Person Receiving Care" means any person who,
because of his/her physical or mental condition, requires a
level of care and services suitable to his/her needs to
contribute to his/her health, comfort and welfare.
"Person Seeking Employment" means any person
applying for employment with or in a health care service
provider, nursing facility or similar facility that may afford
direct access to persons receiving care at such facility, or a
person applying for licensure to operate a child care facility.
It shall also include a self-employed health caregiver who
has direct access in any private home.
"Substantiated Pending Appeal" refers to a
placement on the Registry based on an investigative finding
prior to the subject exercising his/her right to appeal.
"Substantiated Abuse" means that, weighing the facts
and circumstances, a reasonable person has concluded by a
preponderance of evidence that the identified individual has
committed adult abuse for the purpose of placement on the
Adult Abuse Registry.
See 5 DE Reg. 1073 (11/1/01)
Section 2 Use of Registry
(A) No health care service provider, to include nursing
and similar facilities, or child care facility shall hire any
person seeking employment or retain any contractors
without requesting and receiving an Adult Abuse Registry
check for such person.
(1) Any employer who is required to request an
Adult Abuse Registry check shall obtain a statement signed
by the person seeking employment wherein the person
authorizes a full release for the employer to obtain the
information provided pursuant to such a check. Said
authorization shall include the following language: "I hereby
release the indicated employer to obtain from the Division of
Long Term Care Residents Protection any information
concerning me which may be on the Adult Abuse Registry
pursuant to 11 Del. C., § 8564."
(2) When exigent circumstances exist which
require an employer to fill a position in order to maintain the
required or desired level of service, the employer may hire a
person seeking employment on a conditional basis after the
employer has requested an Adult Abuse Registry check.
(3) The person shall be informed in writing, and
shall acknowledge in writing, that his or her employment is
conditional, and contingent upon receipt of the Adult Abuse
Registry check.
(B) Private individuals seeking to hire an individual to
provide healthcare services in a private residence may
request the Division to determine if the potential employee is
listed on the Adult Abuse Registry. A short letter of request
along with a release form signed by the prospective
employee may be mailed or faxed to the Division of Long
Term Care Residents Protection (DLTCRP) # 3 Mill Road,
Suite 308, Wilmington, DE 19806, fax number (302) 577-
6673.
See 5 DE Reg. 1073 (11/1/01)
Section 3: Investigation of Adult Abuse
(A) The Division shall investigate any individual
against whom an allegation of adult abuse has been made in
accordance with the timeframes delineated in 16 Del. C., §
1134(d).
(B) If the investigation substantiates pending appeal
that the alleged abuse occurred, the Division's Investigations
Unit Chief shall enter on the Adult Abuse Registry, with a
finding of "Substantiated Pending Appeal," the individual's
name, date/time of the incident, a description of same and
the length of time the finding shall remain on the Registry.
(C) The Division may accept preliminary investigations
by a state agency or an entity contracted by a state agency.
The Division will review and may revise the findings upon
further investigation.
(D) Upon placement of a person on the Adult Abuse
Registry, the Division will notify the facility from which the
complaint originated as well as the current employer, if
different, and the victim that the person is on the Registry as
"Substantiated Pending Appeal."
See 5 DE Reg. 1073 (11/1/01)
Section 4: Administrative Hearings
(A) An individual against whom an allegation is
substantiated pending appeal shall be notified by certified
mail at his/her home address, to be followed by written
notice in care of his/her current employer at the discretion of
the Division, that his/her name has been entered on the Adult
Abuse Registry and shall be offered a right to an
administrative hearing. The burden of proof in such hearing
shall be on the Division. Individuals shall be informed upon
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1461
completion of the investigation of the following:
(1) The date and time of the incident if known.
(2) The name and type of facility where the
incident occurred.
(3) A brief description of the incident.
(4) Length of time the finding remains on the
Adult Abuse Registry.
(B) All requests for an administrative hearing must be
received in writing, postmarked within 30 days of the date of
the notice that a finding of abuse has been substantiated
pending appeal. The Director or his/her designee shall
dismiss untimely requests for hearing except when the
individual submits evidence of good cause.
(C) An individual who fails to request an administrative
hearing as described above shall have his/her name and
information regarding the incident changed from a finding of
"Substantiated Pending Appeal" to a finding of
"Substantiated Abuse" on the Adult Abuse Registry. At that
time the Division shall notify the individual, the facility from
which the complaint originated as well as the current
employer, if different, and the victim that the individual is on
the Registry with a finding of "Substantiated Abuse."
(D) An individual who has entered a plea or who has
been convicted by a court of law of adult abuse a criminal
offense based on the same conduct that resulted in placement
on the Adult Abuse Registry shall have the right to an
administrative hearing solely to challenge the proposed
length of time of registration on the Adult Abuse Registry.
(E) The hearing officer shall have the power to compel
the attendance of witnesses and the production of evidence.
Under no circumstance shall the hearing officer order the
release of the investigative report and documents attached
thereto, provided however, the hearing officer may order the
release of statements of witnesses.
(F) The hearing officer should receive requests for
witnesses and/or the production of evidence no less than ten
business days prior to the hearing date.
(G) The individual shall be afforded an opportunity to
appear with or without an attorney, submit documentary
evidence, present witnesses, and question any witness the
Division presents. Limited continuances shall be granted for
good cause.
(H) If, at the conclusion of the hearing, the hearing
officer concludes by a preponderance of evidence, that the
identified individual has committed adult abuse, for the
purpose of placement on the Adult Abuse Registry, a notice
of "Substantiated Abuse" shall be placed on the Adult
Abuse Registry. If, at the conclusion of the hearing, the
hearing officer concludes that the individual has not
committed adult abuse, the finding of "Substantiated
Pending Appeal" shall be removed from the Adult Abuse
Registry.
(I) The hearing officer shall render a written decision
within thirty working days of the hearing and will notify the
individual, the Division, the facility and the victim of the
decision. The notice will specify the reasons for the decision
and, if the finding is substantiated, the length of time the
finding of substantiated abuse shall remain on the Adult
Abuse Registry.
(J) Any person placed on the Adult Abuse Registry
shall have the right to appeal the decision within thirty days
of the finding. The decision of the hearing officer may be
appealed on the record to Superior Court.
See 5 DE Reg. 1073 (11/1/01)
Section 5: Length of Time on the Adult Abuse Registry
(A) The length of time on the Adult Abuse Registry
shall be based on the seriousness of the incident and whether
there exists a pattern of adult abuse. Evidence of mitigating
circumstances may be considered.
(B) The names of registrants with findings of abuse,
neglect or misappropriation entered on the Registry of Nurse
Aides created pursuant to 42 CFR § 483 shall be entered on
the Adult Abuse Registry with a finding of substantiated
abuse. There shall be a right of appeal for findings entered
on the Adult Abuse Registry under this section solely to
challenge the proposed length of time of registration on the
Adult Abuse Registry.
(C) Upon final disposition of the allegation, the
Division shall notify, in writing, the victim, the facility
where the incident occurred as well as the current employer
of the individual, if different, of the final disposition.
See 5 DE Reg. 1073 (11/1/01)
Section 6: Removal of a Person from the Adult Abuse
Registry
(A) The Department shall be authorized to remove a
person from the Adult Abuse Registry before the expiration
of his/her registration period when the Department deems
that the person no longer poses a threat to any person
receiving care in accordance with 11 Del. C., § 8564(g).
(B) A person whose name has been placed on the Adult
Abuse Registry shall have the right to petition the Division,
in writing, for the removal of his/her name from the
Registry. Said petitioner must demonstrate:
(1) A minimum of twelve months has passed since
his/her placement on the Registry.
(2) Affirmative steps have been taken to correct
behavior that led to placement on the Registry, i.e. anger
management counseling, drug/alcohol treatment, sensitivity
training, etc.
(3) Demonstrated improved behavior through
work references.
(C) The Division will evaluate the information
provided by the petitioner and respond in writing within 60
days of receipt of all information provided by the petitioner.
The Division is authorized to grant or deny the removal
based on the review of the information presented. If the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1462 PROPOSED REGULATIONS
Division denies the request, the petitioner may request a
hearing to appeal the denial, or reapply for the removal after
6 months or when the petitioner can produce evidence of
performance of the affirmative steps listed above.
See 5 DE Reg. 1073 (11/1/01)
Section 7: Disclosure of Adult Abuse Registry Records
Except as otherwise provided in these regulations, the
dissemination of information contained in the Adult Abuse
Registry shall be limited as follows:
(A) Hearing Officer Opinions shall be released upon
request to the following:
(1) The subject of the hearing.
(2) A victim identified by name in the record or
his/her legal representative.
(3) Law enforcement officials pursuant to an
official investigation.
(4) The Long Term Care Ombudsman pursuant to
a complaint from a victim identified in the record.
(5) The Medicaid Fraud Control Unit of the
Department of Justice.
(6) The Division of Professional Regulation if a
finding of substantiated abuse pertains to a licensed
professional.
(B) Investigative files shall be released upon request to:
(1) Law enforcement officials pursuant to an
official investigation.
(2) The Medicaid Fraud Control Unit of the
Department of Justice.
(3) Rights protection agencies otherwise entitled
under applicable federal or state law.
See 5 DE Reg. 1073 (11/1/01)
ADDENDUM REPORTING TO NURSE AIDE
REGISTRY
In accordance with 42 CFR § 483, the Division of Long
Term Care Residents Protection will report findings of abuse
to the Nurse Aide Registry under the following procedure:
1. When the Division has substantiated pending
appeal a finding of abuse, neglect, mistreatment or financial
exploitation against a certified nurse assistant, a
determination will be made whether the substantiated
findings meet the criteria required in the federal regulations
or the criteria in state statute and regulations.
2. If the findings support the criteria for abuse,
mistreatment or misappropriation of property in the federal
regulations, the certified nurse assistant will be notified that
his/her name is both reported to the Nurse Aide Registry and
placed on the Adult Abuse Registry, and that he/she has a
right to a hearing. The CNA will also be notified that, with
regard to the Nurse Aide Registry, a substantiated finding
will result in a lifetime prohibition against employment in a
federally certified facility.
3. If the findings support the criteria for neglect in the
federal regulations, the certified nurse assistant will be
notified that his/her name is both reported to the Nurse Aide
Registry and placed on the Adult Abuse Registry, and that
he/she has a right to a hearing. The CNA will also be
notified that, with regard to the Nurse Aide Registry, a
substantiated finding of neglect will result in a lifetime
prohibition against employment in a federally certified
facility. However, the CNA will be further informed of his/
her right to petition the Division to have the report removed
from the Nurse Aide Registry in accordance with
§1819(g)(1)(D) of the Social Security Act.
4. The notice to the certified nurse assistant will
include an explanation that the hearing described in the
Adult Abuse Registry regulations will also consider the
placement of the CNA on the Nurse Aide Registry. The
CNA will be informed that if the evidence presented at a
hearing does not warrant a finding of abuse, neglect,
mistreatment or misappropriation of property under the
federal regulations, the evidence will be considered to
determine whether it meets the criteria for abuse, neglect,
mistreatment or financial exploitation under the state Adult
Abuse statute.
See 5 DE Reg. 1073 (11/1/01)
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section
107 (31 Del.C. §107)
Public Notice
Fair Hearing Practices and Procedures
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
proposing to amend the Division of Social Services Manual
(DSSM) to make several "housekeeping" changes regarding
the agency's fair hearing practices and procedures.
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 19720-0906 by May 31, 2003.
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
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1463
other interested persons.
DSSM 5100 Legal Base
• The proposal removes references to some now
repealed Titles of the Social Security Act and adds
a reference to Title XXI of the Act, State Children's
Health Insurance Program (SCHIP).
DSSM 5304 Jurisdiction
• The proposal removes an ineffective reference to
the "assignment of cases" into TANF (Temporary
Assistance to Needy Families). This removal is
needed because TANF is no longer a
"demonstration program." Cases are no longer
"assigned" into TANF.
DSSM 5312 Responses to Hearing Requests
• The proposal adds a description of the "presenter's"
role in a fair hearing and is proposed in order to
clarify the pre-hearing role of the presenter (See
§5407) at a fair hearing and to assure that the §5312
hearing summary will be able to be offered as
evidence at the hearing by the maker of the
document.
DSSM 5402 Hearings on Decisions
• The proposal makes a change to a typographical
error in the text.
DSSM 5403 Availability of Documents and Records
• The proposal changes the responding party to a
request for documents for a fair hearing from the
hearing officer to the "office that maintains the
records." This is needed because the Division of
Social Services contracts some hearing officer
services. The contractors do not have physical
access to the records that may be requested. The
office that maintains the records can respond to a
request for a record more effectively than a
contractor.
• Additionally, if the office does not produce the
records in a reasonable amount of time, the
requestor may ask the hearing office to order the
production of the records.
DSSM 5405 Fair Hearing Procedures
• The proposal adds the statement that "Witnesses [at
a fair hearing] may be sequestered with the
approval of the hearing officer." The statement is
being added to reflect the agency's current fair
hearing practice.
Revisions:
5100 Legal Base
Public Assistance benefits are authorized under the
various categorical programs established under Title 31 of
the Delaware Code, under the Food Stamp Act, as amended,
and under Titles IV- A, XVI, XIX, and XX, and XXI of the
Social Security Act and under regulations, not inconsistent
with these laws promulgated by the State or federal
governments.
5304 Jurisdiction
An opportunity for a hearing will be granted to any
applicant who requests a hearing because his/her claim for
economic or medical assistance or food stamp assistance is
denied or is not acted upon with reasonable promptness and
to any recipient who is aggrieved by any action of the
Division of Social Services such as actions to reduce benefits
or to assign Food Stamp Program recipients to a specific
employment and training component.
To be considered, a request for a hearing must be a clear
expression in writing by the appellant or his/her
representative to the effect that (s)he wants the opportunity
to present his/her case to higher authority.
Only issues described in the notice of action sent to the
appellant or issues fairly presented in the appellant's request
for a fair hearing or in the Division's response in its hearing
summary may be presented for the hearing officer's review at
the hearing.
Appellants of actions taken in the Food Stamp Program
may request a fair hearing orally, and, if so, will be informed
that it is advisable to perfect the request by reducing it to
writing. The staff member receiving an oral request will
initiate procedures to begin the hearing process.
The freedom to make a request for a hearing will not be
limited or interfered with in any way. The Division may
provide assistance to appellants such as providing translators
or a non-English explanation of the hearing process when
required by federal regulations.
Except in the Food Stamp Program, a hearing need not
be granted when either State or federal law requires
automatic grant adjustments for classes of recipients, unless
the reason for an individual appeal is incorrect grant
computation.
A hearing may not be granted on the assignment of
cases into DELAWARE'S TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES program or the exclusion of cases
from DELAWARE'S TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES program. The worker may respond to
such requests by asking the hearing officer to dismiss the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1464 PROPOSED REGULATIONS
request when completing a hearing summary. (See §5312.)
5312 Responses to Hearing Requests
1) Upon receipt of a request for a hearing, either orally
in the Food Stamp Program or in writing, a fair hearing
summary will be prepared in response to the request. The
presenter (§5407) is expected to write and sign the Hearing
Summary.
2) A fair hearing summary is a document prepared by
the agency stating the factual and legal reason(s) for the
action under appeal.
3) The purpose of the hearing summary is to state the
position of the proponent of the action in order to provide the
appellant with the necessary information to prepare his/her
case.
4) Preparation of hearing summary - On receipt of a
request for a fair hearing, the agency shall prepare and
submit a hearing summary to the Hearing Office within five
(5) working days. The document must be easily read and
understood (abbreviations should be avoided). Actions in
the matter being appealed should be explained in concise
statements and include citations to the policy upon which the
action is based. The names and addresses of persons that the
agency expects to call to testify will be included in the
hearing summary.
5) Format of the hearing summary - The fair hearing
summary shall be labeled at the top and signed and dated at
the bottom. It shall contain the following:
a) Identifying information - Give the client's
name, the client's address, and the DCIS identification
number.
b) Client's reason for appeal - This section shows
the basis of the client's appeal (rejection, reduction, closure,
amount of benefits etc...)
c) Action taken - This section is used to describe
the specific action taken by the agency as well as the factual
basis for its decision.
d) Has assistance continued? - This section
identifies whether or not the appellant's assistance has been
restored because the appellant filed a request for a hearing
within the timely notice period.
e) Cite policy basis - This purpose of this section
is to cite the specific State rules supporting the action taken.
f) Persons expected to testify - This section lists
the names and addresses (if any) of persons that the agency
expects to call to testify.
If completed by DSS, the worker will submit the
case to his/her supervisor. The supervisor will:
a) Provide an adequate case review;
b) Correct any errors;
c) Forward request/summary together with
any documents to be admitted at the hearing to the agency or
DSS hearing office.
Note: If a section is not applicable, the designation "N/A"
may be used.
As soon as the request/summary is received, it is recorded in
an appeal calendar and immediately forwarded to the hearing
officer. Upon review, the hearing officer will:
a) Set a prompt date for the hearing;
b) Send a notice conforming to the requirements of
§5311.
c) Notify all parties, including witnesses, of the date,
time, and place of the hearing.
5402 Hearings on Decisions
A hearings may encompass decisions concerning:
1) Eligibility for financial or medical assistance in
both initial and subsequent determinations;
2) The amount of economic or medical assistance or a
change in the amount of the benefits;
3) The manner or form of the benefit including
restricted or protective benefits;
4) A denial of a request for restoration of food stamp
benefits lost more than ninety (90) days but less than one
year prior to the request;
5) A decision of an MCO or other contractor that a
medical service, treatment or test is not medically or
otherwise necessary.
In addition,
6) At any time within a certification period, a
household may dispute its current level of food stamp
benefits; and
7) Food Stamp Program households may appeal
decisions concerning expedited service.
5403 Availability of Documents and Records
Prior to the hearing, the appellant and his/her
representative will have adequate opportunity to examine all
documents and records to be used by the State agency or its
agent at the hearing and to examine the claimant's case
records. Requests by the appellant or his/her authorized
representative for records and documents between the
request for a hearing and the hearing should be directed to
the office that maintains the records. hearing officer. If the
office does not produce the records within a reasonable
period of time, the requestor may ask the hearing officer to
order the production of the records. There is no charge for
copies of records and documents requested for a fair hearing.
Documents relating to the case will be provided to a claimant
or a household provided that confidential information is
protected from release.
5405 Fair Hearing Procedures
1) Hearing Officer's Introduction
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1465
The hearing officer will appropriately introduce the
purpose of the meeting, the individuals and roles of those in
attendance, and generally "set the stage" to assure the
appellant of his/her right to be heard. In addition, (s)he will
administer an oath to all witnesses and parties presenting
testimony at the hearing. The hearing officer may, in his /her
discretion, deal with any preliminary matters prior to
beginning the case.
2) Manner of Proceeding
The hearing officer shall conduct the hearing in an
informed fashion, consistent however with the procedural
rights of the Department and the claimant to a courteous,
fair, and fairly conducted hearing consistent with due
process and the requirements of the federal regulation.
Parties will be courteous to each other and the hearing
officer at all times and will obey the orders and rulings of the
hearing officer.
3) Order of Presentation
a) Opening Remarks.
At the discretion of the hearing officer, the
Department and the claimant will each be given an
opportunity to make brief opening statements. An opening
statement shall advise the hearing officer of the issues a
party contends are a part of the case and shall succinctly
summarize how the party's case will be proven. The hearing
officer may, however, terminate or limit any opening
statement which is unduly lengthy, repetitive or irrelevant.
b) The State will present its case first, unless, in the
discretion of the hearing officer, the burden of persuasion
rests on the other party (the claimant). This shall include the
presentation of all witnesses to give testimony and all
documents and other evidence which is admissible to prove
its case. The other party may cross- examine each witness
and may raise any legal basis for exclusion of any evidence
at appropriate times during the hearing. Witnesses may be
sequestered with the approval of the hearing officer.
c) The other party may present any witnesses to give
testimony (and may testify his/herself) and other evidence
which is admissible to prove his/her/its case. However, such
party need not present any evidence, but may rely upon the
other party's failure to prove an essential element of his/her/
its case. If evidence or testimony is presented, the other
party shall have the opportunity to raise any legal basis for
its exclusion and the opportunity to cross examine witnesses
at the appropriate time during the proceeding.
d) If the second party has presented any evidence, the
first party may, in the discretion of the hearing officer,
present rebuttal evidence.
e) Closing Remarks.
The parties will be given an opportunity to briefly
summarize their cases in closing remarks. Such closing
remarks may summarize evidence and present legal
argument for the adoption of one position against the
adoption of the other. However, the hearing officer may
limit or terminate unduly lengthy, repetitive, or irrelevant
closing remarks.
4) Role of Hearing Officer
The hearing officer is in charge of running the hearing.
He/she shall make all rulings on the admissibility of
evidence as to how the proceedings are conducted. The
hearing officer may question witnesses or direct the parties
to produce evidence which he/she determines to be
necessary for him/her to render a decision in the case.
However, other than ensuring that the hearing is conducted
fairly, the hearing officer is not permitted to assist either
party in the presentation of his/her/its case.
5) Decisions of the Hearing Officer
Decisions of the State hearing officer will be based
exclusively on evidence introduced at the hearing. The
decision of the hearing officer is the final decision of the
agency. Judicial review, pursuant to 31 Del. C. 520, may be
taken directly from the hearing officer's decision, within
thirty (30) days of the decision.
DEPARTMENT OF INSURANCE
18 DE Admin Code 1310
Statutory Authority: 18 Delaware Code,
Sections 311, 2304(16), and 2312 (18 Del.C.
§§311, 2304(16), and 2312)
Regulation 1310
Standards For Prompt, Fair And Equitable Settlement
Of Claims For Health Care Services
NOTICE OF PUBLIC HEARING
INSURANCE COMMISSIONER DONNA LEE H.
WILLIAMS hereby gives notice that a PUBLIC HEARING
will be held on Wednesday May 28, 2003, at 10:00 a.m. in
the Hearing Room of the Delaware Department of Insurance,
841 Silver Lake Boulevard, Dover, Delaware. The hearing is
to consider amendments to Regulation 1310 (formerly
Regulation 80) relating to the STANDARDS FOR
PROMPT, FAIR AND EQUITABLE SETTLEMENT OF
CLAIMS FOR HEALTH CARE SERVICES
The purpose for amending Regulation 1310 is to redefine
certain terms and to reduce the number of days in
which a health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations. This
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1466 PROPOSED REGULATIONS
is a third hearing to consider amendments to the regulation
resulting from public comment on the regulation as
originally proposed.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Monday June 2, 2003, and should be addressed to Deputy
Attorney General Michael J. Rich, Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, DE 19904.
Regulation 1310
Standards For Prompt, Fair And Equitable Settlement
Of Claims For Health Care Services
1.0 Authority
1.1 This regulation is adopted by the Commissioner
pursuant to 18 Del. C. 311, 2304(16), and 2312. It is
promulgated in accordance with 29 Del. C. Chapter 101.
2.0 Definitions
For the purpose of this regulation, the following
definitions shall apply:
2.1 "Carrier" or "Health Insurer" shall have the same
meaning applied to it by 18 Del.
C. 3343(a)(1).
2.2 "Clean Claim" shall mean a claim that has no defect
or impropriety (including
any lack of any required substantiating documentation) or
particular circumstance requiring special treatment that
substantially prevents timely payments from being made on
the claim.
2.3 "Health Care Provider" shall mean any entity or
individual licensed, certified or otherwise permitted by law
pursuant to Titles 16 or 24 of the Delaware Code to provide
health care services.
2.4 "Policyholder," "Insured" or "Subscriber" shall be
a person covered under a health insurance policy or a
representative designated by such person and entitled to
make claims on his or her behalf.
3.0 Scope
3.1 This regulation shall apply to all health insurers as
defined in Section 2, and shall apply to all plans or policies
of health insurance or benefits delivered or issued for
delivery in this State and which cover residents of this State
or employees of employers located in this State and their
dependents. Exempted from the provisions of this regulation
are policies of automobile and workers compensation
insurance, hospital income and disability income insurance,
Medicare supplement and long-term care insurance.
4.0 Purpose
4.1 The purpose of this regulation is to ensure that
health insurers pay claims to policyholders and health care
providers in a timely manner. This regulation will establish
standards for both determining promptness in settling claims
and determining the existence of a general business practice
for failing to promptly settle such claims under 18 Del. C.
2304(16).
5.0 Prompt Payment of Claims
5.1 A health insurer shall pay the benefit due under a
clean claim to a policyholder or covered person, or make
payment to a health care provider no later than 45 30
calendar days after receipt of an electronically clean claim
for services. and no later than 45 calendar days after receipt
of a paper filed clean claim for services.
5.2 A claim is not a clean claim as defined in section
2.2 if any of the following
circumstances exist:
5.2.1 Where the obligation of a health insurer to
pay a claim or make a payment for health care services
rendered is not reasonably clear due to a good faith dispute
regarding the eligibility of a person for coverage, the liability
of another insurer or corporation for all or part of a claim, the
amount of the claim, the benefits covered under a contract or
agreement, or the manner in which services were accessed or
provided.
5.2.2 Where there exists a reasonable basis
supported by specific information, available for review by
the Department, that such claim was submitted fraudulently.
5.2.3 For claims properly disputed or litigated
and subsequently paid.
5.3 In those cases covered by section 5.2.1, a health
insurer shall pay all portions of a claim meeting the
definition of clean claim in accordance with section 5.1.
Additionally, a health insurer shall notify the policyholder in
writing within 30 days of the receipt of the claim:
5.3.1 that such carrier is not obligated to pay the
claim or make the medical payment, in whole or in part,
stating the specific reasons why it is not liable; or
5.3.2 that additional information is needed and
is being sought to determine liability to pay the claim or
make the health care payment.
5.4 Upon receipt of the information required by section
5.3.2, or upon the administrative resolution of a dispute
wherein the health insurer is deemed obligated to pay the
benefit due under the claim or make medical payment, a
health insurer shall make payment as required by section 5.1.
6.0 General Business Practice
6.1 Within a 36 month period, three instances of a
health insurer's failure to pay a Claim or bill for services
promptly, as defined in section 5 above, shall give rise to a
rebuttable presumption that the insurer is in violation of 18
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1467
Del. C. 2304 (16)(f). In determining whether the
presumption is rebutted the Commissioner may consider,
among other things, whether the health insurer meets
nationally recognized timeline standards for claims
payments such as those applicable to the Medicare,
Medicaid or Federal Employees Health Benefit Plan
programs.
6.2 The 36 month time period established in section 6.1
shall be measured based upon the date the claims or bills
became due. Each claim or bill, or portion of a claim or bill,
pertaining to a single medical treatment or procedure
provided to an individual policyholder that is processed in
violation of this regulation shall constitute an "instance" as
described in section 6.1.
7.0 Penalties
7.1 In addition to the imposition of penalties in
accordance with 18 Del. C. 2312(b), the Commissioner may
order the health insurer to pay to the health care provider or
claimant, in full settlement of the claim or bill for health care
services, the amount of the claim or bill plus interest at the
maximum rate allowable to lenders under 6 Del. C. 2301(a).
Such interest shall be computed from the date the claim or
bill for services first became due.
8.0 Causes of Action
8.1 This regulation shall not create a cause of action for
any person or entity, other than the Delaware Insurance
Commissioner, against a health insurer or its representative
based upon a violation of 18 Del. C. 2304 (16).
9.0 Separability
9.1 If any provision of this regulation or the application
of any such provision to any person or circumstances, shall
be held invalid, the remainder of such provisions, and the
application of such provision to any person or circumstance
other than those as to which it is held invalid, shall not be
affected.
10.0 Effective Date
10.1 This regulation, as amended, shall become
effective on July August 1, 2003.
ADOPTED AND SIGNED BY THE
COMMISSIONER _____, 2003
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)
SAN # 2002-26
1. Title Of The Regulations:
"Reporting Of A Discharge Of A Pollutant Or An Air
Contaminant"
2. Brief Synopsis Of The Subject, Substance And
Issues:
The Department is planning make several minor
corrections to the list of substances (Section 3 Table A)
associated with the current regulation that describes the
requirements for reporting the environmental release or
discharge of a pollutant or air contaminant. The purpose of
this proposed amendment is to change to reportable quantity
for the flammable substance hydrogen, clarify flammable
substance reportable quantities, and correct several technical
mistakes in the associated list of substances.
3. Possible Terms Of The Agency Action:
None
4. Statutory Basis Or Legal Authority To Act:
7 Delaware Code, Chapter 60
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
The public hearing date is scheduled for June 25. The
public comment period for this proposed amendment will
extend through July 4, 2003. Interested parties may submit
comments in writing during this time frame to: Jay Brabson,
Air Quality Management Section, 715 Grantham Lane, New
Castle, DE 19720, and/or statements and testimony may be
presented either orally or in writing at the public hearing to
be held on Wednesday, June 25, 2003 beginning at 6:00 PM
in the DNREC auditorium at the Richardson and Robbins
Building, 89 Kings Highway, Dover, DE.
7. Prepared By:
Jay Brabson (302) 323-4542 April 7, 2003
Reporting Of A Discharge Of A Pollutant Or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1468 PROPOSED REGULATIONS
An Air Contaminant
Section 1 - General Provisions
1.1 The purpose of this Regulation is to describe the
requirements for reporting the discharge of a pollutant or an
air contaminant as mandated in 7 Del. C., Section 6028.
1.2 Information obtained through the provisions of this
Regulation shall be made available for public inspection in
accordance with 29 Del. C., Chapter 100 and Department of
Natural Resources and Environmental Control (Department)
Freedom of Information Act (FOIA) regulations except
where such information is of confidential nature as defined
in 7 Del. C., Section 6014.
1.3 The list of chemicals and substances subject to the
reporting requirements of this Regulation and the associated
Delaware Reportable Quantity (DRQ) for each chemical and
substance is contained in Section 3. The Department may,
after providing proper public notice and an opportunity for
public hearing, add or delete chemicals or substances or
change the DRQ of any chemical or substance.
1.4 The reporting requirements under this Regulation
are in addition to and not in lieu of, any other discharge
reporting requirement found in any other state, federal,
county or local government statutes, permits, regulations or
ordinances.
1.5 [Reserved]
1.6 Definitions
A. "Delaware Reportable Quantity" (DRQ) -
means the reportable quantity of chemicals, substances or
mixtures listed in Section 3 of this regulation
notwithstanding any reporting requirements by other state,
federal, county or local government statutes, regulations or
ordinances. To be reportable, the DRQ is based on the total
quantity discharged over a rolling 24-hour period.
B. "Discharge" - means any spilling, leaking,
pumping, pouring, emitting, emptying, releasing, injecting,
escaping, leaching, dumping, or disposing into the
environment of any chemical or substance listed in Section 3
but excludes emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, waterborne vessel or pipeline
pumping station engine. Discharge includes any
environmental release.
C. "Environmental Emergency Notification and
Complaint Number" - means the 24-hour DNREC telephone
number(s) used for reporting the discharge of a pollutant or
an air contaminant.
D. "Environmental Release" - means any spillage,
leakage, emission, discharge, or delivery into the air or
waters or on or into the lands of this State, of any sewage of
10,000 gallons or more, oil, industrial waste, liquid waste,
hydrocarbon chemical, hazardous substance, hazardous
waste, restricted chemical material, vessel discharge, air
contaminant, pollutant, regulated biological substance or
other wastes reportable pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980 as amended, or this Regulation.
E. "Extremely Hazardous Substance" - means
substances listed in 40 CFR Part 355 Appendices A and B as
amended May 7, 1996.
F. "Heating oil" - means petroleum that is one of nine
technical grades. These are: No. 1; No.2; No.4-light;
No.4-heavy; No.5-light; No.5-heavy; No.6 technical grade
of fuel oil; other residual fuel oils (including Navy Special
Fuel Oil and Bunker C); and other fuels used as substitutes
for one of these fuels such as kerosene or diesel when used
for heating purposes. Heating oil is typically used in the
operation of heating equipment, boilers, or furnaces.
G. "Motor Fuel" - means petroleum or petroleumbased
substance that is motor gasoline, aviation gasoline, jet
fuel, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and
is typically used in the operation of a motor engine.
H. "Petroleum Substance" - means oil of any kind or in
any form, including but not limited to petroleum, fuel oil,
heating oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil. Vegetable-based oils such as
soybean oil are not included.
I. "Sewage" - means water-carried human or animal
wastes from septic tanks, water closets, residences,
buildings, industrial establishments, or other places, together
with such ground water infiltration, subsurface water, and
mixtures of industrial wastes or other wastes as may be
present.
Section 2 - Reporting Requirements
2.1 Applicability
A. Unless otherwise stated in this Section, any
person who causes or contributes to an environmental
release or to the discharge of an air contaminant into the air
or a pollutant, including petroleum substances, into surface
water, groundwater or land in excess of any DRQ specified
under this Regulation, shall report such discharge to the
Department as soon as the person has knowledge of said
environmental release or discharge while activating the
appropriate emergency site plan unless circumstances exist
which make such a notification impossible. A delay in
notification shall not be considered to be a violation of this
Regulation when the act of reporting may delay the
mitigation of the discharge and/or the protection of public
health and the environment.
B. Discharge in compliance with a validly issued
state or federal permit(s) or in compliance with other state and
federal regulations is exempt from the reporting requirements
of this Regulation.
C. An owner or operator responsible for a
transportation related discharge may meet the requirements
of this Regulation by providing the information indicated in
2.4 to the 911 operator and, if applicable, to the responding
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1469
Department representative at the scene. For the purposes of
this paragraph, a "transportation related discharge" means a
discharge during transportation when the stored chemical or
substance is moving under active shipping papers and has
not reached the ultimate consignee.
D. This Regulation does not apply to the proper
application of a pesticide product registered under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et. seq. as amended August 3, 1996).
E. Any discharge that is continuous and stable in
quantity and rate under the definitions in 40 CFR 302.8 (b) is
exempt from reporting requirements of this regulation
except:
(i) Initial notifications as required by 40 CFR
part 302.8 (d) and (e).
(ii) "statistically significant increase" as
defined in 40 CFR 302.8(b),
(iii) notification of a "new release" as defined
in 40 CFR 302.8(g) (1), or
(iv) notification of a change in the normal
range of the release as required under 40 CFR 302.8(g) (2).
Telephone notification required by 40
CFR 302.8 to the State of Delaware State Emergency
Response Commission (SERC) shall be fulfilled by
notifying the Department. Written notification reports
required by 40 CFR 302.8 and sent to the EPA regional
office shall serve as written notification to the State of
Delaware SERC when copied to the Department.
(Reference: 40 CFR 302.8 as promulgated on July 24,
1990).
2.2 Discharges (including petroleum substances) that
are wholly contained within a building are exempt from the
reporting requirements of this Regulation. Should such a
wholly contained discharge be discharged outside the
building at a later time for any reason, that eventual
discharge, when exceeding the DRQ, shall activate these
reporting requirements.
2.3 [Reserved]
2.4 For the purpose of this regulation, notification of
any reportable incident under Sections 2.1 or 2.3 by a person
to the Department can be in person to Department staff or by
telephone communication to the Department's
Environmental Emergency Notification and Complaint
Number. The notification must contain the following
information which details the facts and circumstances of the
discharge to the maximum extent practicable at the time of
notice:
A. Facility name and/or location of the discharge.
B. Type of incident, e.g. discharge, fire,
explosion, associated with discharge and whether assistance
from outside emergency responders, e.g. 911, has been
requested.
C. The chemical or substance involved with the
incident of discharge including the Chemical Abstract
System (CAS) number for the chemical or of the
constituent chemicals when a mixture is discharged.
D. An indication of whether the chemical or
chemicals are an extremely hazardous substance.
E. An estimate of the quantity of any such
chemical(s) or substance(s) that was discharged into the
environment.
F. The beginning time and the duration of the
discharge.
G. The medium or media, e.g. soil, groundwater,
surface water, air , etc., into which the discharge occurred.
H. Any known or anticipated acute or chronic
health risks associated with the emergency and, where
appropriate, advice regarding medical attention necessary
for exposed individuals.
I. Proper precautions to take as a result of the
discharge, including evacuation.
J. The name(s) and telephone number(s) of the
person(s) to be contacted for further information.
K.Such other information as the Department may
require.
2.5 (A) Except for petroleum substances, sewage,
or infectious waste releases, as soon as practical but no later
than 30 days after a release of a DRQ of a listed substance,
such person, owner or operator shall provide a written
follow-up report to the Department updating the information
required under section 2.4 and including the following
additional information to the extent known:
Part I.
i. Actions taken to respond to and contain
the release in the form of a chronology,
ii. Any known or anticipated acute or chronic
health risks associated with the release, and
iii. Where appropriate, advice regarding
medical attention necessary for exposed individuals.
Part II.
iv. The facts and circumstances leading to the
environmental release including a detailed identification of
the pathway through which the discharge to the environment
occurred and potential environmental impacts,
v. Measures proposed to prevent such a
discharge from occurring in the future and to remedy the
deficiencies, if any, in the prevention, detection, response
containment, cleanup or removal plan components,
vi. Such other information which the
Department may require.
Except where Part II information is of
confidential nature as defined in 7 Del. C., § 6014, all written
information obtained through this subsection shall be made
available to Local Emergency Planning Committees
(LEPCs) and the public.
(B) The Department reserves the right to require a
written follow-up report for any environmental release,
regardless of the substance or quantity, if there is concern for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1470 PROPOSED REGULATIONS
public health and safety or environmental welfare has been
adversely affected. At the Department's discretion, the
Department may require said person to file a written followup
report, within 30 days or any shorter time as required by
validly issued state or federal permits or by any pertinent
regulations, setting forth all details contained in Sections 2.4
and 2.5.
The written follow-up report shall be in a
format approved by the Department and submitted to the
appropriate addresses for report submissions provided by the
Department. The Department may establish procedures for
notification and submission of written reports by
computerized and electronic methods, including but not
limited to, the submission of information through the
internet.
Section 3 - Chemicals, Substances and Mixtures and
Associated Reportable Quantities.
3.1 The purpose of this Section is to detail those
chemicals, substances and mixtures applicable to the
reporting requirements of this Regulation and to identify the
DRQ at which reporting of the chemical or substance release
or discharge is required.
3.2 Table A attached to this Section contains all
chemicals and chemical categories and DRQ's that are
subject to the reporting requirements of this Regulation.
Notification of the discharge of a DRQ of solid particles of
antimony, arsenic, beryllium, cadmium, chromium, copper,
lead, nickel, selenium, silver, thallium, zinc or any other
solid substance on the DRQ list is not required if the mean
diameter of the particles discharged is larger than 100
micrometers (0.004 inches).
3.3 When any incident of discharge occurs involving
more than one (1) chemical or chemical category listed in
this Section, the DRQ for the total discharge shall be the
lowest DRQ of any constituent of that total, unless the
mixture is known. In this case, the word "known" means
that a determination of constituent levels is made either by
direct testing or by calculation of the constituent level in
light of the materials or processes used to generate the
mixture. For incidents involving known mixtures of
substances with a DRQ, the discharge is subject to these
notification requirements only when a constituent substance
of the mixture is discharged in a quantity equal to or greater
than its DRQ.
3.4 In all cases, discharges of infectious waste, as
defined in Title 7 Chapter 64 § 6402, of any quantity or of
any type occurring outside of a medical or health care
facility are subject to the notification requirements of
Section 2.4 of this regulation and the written requirements of
Section 2.5 (B).
3.5 In all cases, discharges of petroleum substances of
any quantity or of any type are subject to these notification
requirements unless the petroleum substance is contained in
such a manner as to prevent the immediate or eventual
discharge or leaking into surface water or groundwater, or is
confined to the location of the discharge on an impervious
surface. For discharges of petroleum substances that are
contained in such a manner as to prevent the immediate or
eventual discharge or leaking into surface water or
groundwater or are confined to the location of the discharge
on an impervious surface, the following shall apply:
A. Discharges of 25 gallons or more on land of
motor fuel, jet fuel, heating oil, used oil or used petroleum
substances must be reported.
B. Discharges of 150 gallons or more to land of
any other petroleum substance not listed above or not
uniquely identified on the Section 3 list, must be reported.
Revised/Amended 2002
Section 3 Table A
Delaware List of Chemicals and Reportable Quantities in
Pounds in Alphabetical Order
CAS NAME DRQ
DE * Infectious waste ALL*
DE * Petroleum subs., other than heating
oil, motor fuel, used oil
150 gal.*
DE * Petroleum substances, heating oil,
motor fuel, used oil
25 gal.*
DE *10,000 gallons sewage 10,000
gal*.
71751412 DE Abamectin 100
83329 Acenaphthene 100
208968 Acenaphthylene 5000
30560191 DE Acephate 100
75070 Acetaldehyde 1000
75876 Acetaldehyde, trichloro- 5000
60355 Acetamide 100
64197 Acetic acid 5000
108247 Acetic anhydride 5000
67641 Acetone 5000
75865 Acetone cyanohydrin 10
1752303 Acetone thiosemicarbazide 1000
75058 Acetonitrile 5000
98862 Acetophenone 5000
53963 2-Acetylaminofluorene 1
506967 Acetyl bromide 5000
75365 Acetyl chloride 5000
74862 DE Acetylene F 1000 **
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1471
591082 1-Acetyl-2-thiourea 1000
62476599 DE Acifluorfen, sodium salt 100
107028 Acrolein 1
79061 Acrylamide 5000
79107 Acrylic acid 5000
107131 Acrylonitrile 100
814686 Acrylyl chloride 100
124049 Adipic acid 5000
111693 Adiponitrile 1000
15972608 DE Alachlor 100
116063 Aldicarb 1
1646884 Aldicarb sulfone 1
309002 Aldrin 1
1116707 DE Alkylaluminums 500
28057489 DE d-trans-Allethrin 100
107119 Allylamine 50
107186 Allyl alcohol 100
107051 Allyl chloride 1000
7429905 DE Aluminum (fume or dust) 100
1344281 DE Aluminum oxide (fibrous forms) 100
20859738 Aluminum phosphide 100
10043013 Aluminum sulfate 5000
834128 DE Ametryn 100
117793 DE 2-Aminoanthraquinone 10
60093 DE 4-Aminoazobenzene 10
92671 4-Aminobiphenyl 1
82280 DE 1-Amino-2-methylanthraquinone 10
54626 Aminopterin 500
504245 4-Aminopyridine 1000
78535 Amiton 500
3734972 Amiton oxalate 100
33089611 DE Amitraz 100
61825 Amitrole 10
7664417 DE Ammonia 50
6484522 DE Ammonium nitrate 500
7790989 DE Ammonium perchlorate 500
13446101 DE Ammonium permaganate 500
631618 Ammonium acetate 5000
1863634 Ammonium benzoate 5000
1066337 Ammonium bicarbonate 5000
7789095 Ammonium bichromate 10
1341497 Ammonium bifluoride 100
10192300 Ammonium bisulfite 5000
1111780 Ammonium carbamate 5000
506876 Ammonium carbonate 5000
12125029 Ammonium chloride 5000
7788989 Ammonium chromate 10
3012655 Ammonium citrate, dibasic 5000
13826830 Ammonium fluoborate 5000
12125018 Ammonium fluoride 100
1336216 Ammonium hydroxide 1000
14258492 Ammonium oxalate 5000
6009707 Ammonium oxalate 5000
5972736 Ammonium oxalate 5000
131748 Ammonium picrate 10
16919190 Ammonium silicofluoride 1000
7773060 Ammonium sulfamate 5000
12135761 Ammonium sulfide 100
10196040 Ammonium sulfite 5000
3164292 Ammonium tartrate 5000
14307438 Ammonium tartrate 5000
1762954 Ammonium thiocyanate 5000
7783188 Ammonium thiosulfate 5000
7803556 Ammonium vanadate 1000
300629 Amphetamine 1000
628637 Amyl acetate 5000
123922 iso-Amyl acetate 5000
626380 sec-Amyl acetate 5000
625161 tert-Amyl acetate 5000
101053 DE Anilazine 100
62533 Aniline 5000
88051 Aniline, 2,4,6-trimethyl- 500
90040 o-Anisidine 100
104949 DE p-Anisidine 100
134292 DE o-Anisidine hydrochloride 10
120127 Anthracene 5000
7440360 Antimony 5000
7647189 Antimony pentachloride 1000
7783702 Antimony pentafluoride 500
28300745 Antimony potassium tartrate 100
7789619 Antimony tribromide 1000
10025919 Antimony trichloride 1000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1472 PROPOSED REGULATIONS
7783564 Antimony trifluoride 1000
1309644 Antimony trioxide 1000
1397940 Antimycin A 1000
86884 Antu 100
12674112 Aroclor 1016 1
11104282 Aroclor 1221 1
11141165 Aroclor 1232 1
53469219 Aroclor 1242 1
12672296 Aroclor 1248 1
11097691 Aroclor 1254 1
11096825 Aroclor 1260 1
7440382 Arsenic 1
7778394 Arsenic acid 1
1327522 Arsenic acid 1
1303328 Arsenic disulfide 1
1303282 Arsenic pentoxide 1
1327533 Arsenic trioxide 1
1303339 Arsenic trisulfide 1
7784341 Arsenous trichloride 1
7784421 Arsine 10
1332214 Asbestos (friable) 1
1912249 DE Atrazine 10
115026 Azaserine 1
2642719 Azinphos-ethyl 100
319857 beta-BHC 1
319868 delta-BHC 1
101279 DE Barban 1
7440393 Barium 100
542621 Barium cyanide 10
22781233 Bendiocarb 1
22961826 Bendiocarb phenol 1
1861401 Benfluralin 100
17804352 Benomyl 1
225514 Benz[c]acridine 100
98873 Benzal chloride 5000
55210 Benzamide 100
56553 Benz[a]anthracene 10
98168 Benzenamine, 3-(trifluoromethyl)­500
71432 Benzene 10
100141 Benzene, 1-(chloromethyl)-4-nitro500
510156 Benzeneacetic acid, 4-chloro-.alpha.­(
4-chlorophenyl)-.alpha.-hydroxy-,
ethyl ester
10
98055 Benzenearsonic acid 10
122098 Benzeneethanamine, alpha,alphadimethyl-
5000
98099 Benzenesulfonyl chloride 100
92875 Benzidine 1
3615212 Benzimidazole, 4,5-dichloro-2(
trifluoromethyl)­500
205823 DE Benzo(j)fluoranthene 10
207089 Benzo(k)fluoranthene 5000
205992 Benzo(b)fluoranthene 1
65850 Benzoic acid 5000
98077 Benzoic trichloride 10
205992 Benzol[b]fluoranthene 1
100470 Benzonitrile 5000
189559 Benzo(rst)pentaphene 10
191242 Benzo[ghi]perylene 5000
218019 Benzo(a)phenanthrene 100
50328 Benzo[a]pyrene 1
98884 Benzoyl chloride 1000
94360 DE Benzoyl peroxide 100
100447 Benzyl chloride 100
140294 Benzyl cyanide 500
7440417 Beryllium 10
7787475 Beryllium chloride 1
7787497 Beryllium fluoride 1
7787555 Beryllium nitrate 1
13597994 Beryllium nitrate 1
191242 Benzo(g,h,i)perylene 5000
15271417 Bicyclo[2.2.1]heptane-2-carbonitrile,
5-chloro-6-((((methylamino)
carbonyl)oxy)imino)-,(1-alpha,2beta,
4-alpha,5-alpha,6E))-
500
82657043 DE Bifenthrin 100
92524 Biphenyl 100
111911 Bis(2-chloroethoxy) methane 1000
111444 Bis(2-chloroethyl) ether 10
542881 Bis(chloromethyl) ether 10
534076 Bis(chloromethyl) ketone 10
108601 Bis(2-chloro-1-methylethyl)ether 1000
97745 DE Bis(dimethylthiocarbamoyl) sulfide 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1473
38661722 DE 1,3-
Bis(methylisocyanate)cyclohexane
100
10347543 DE 1,4-
Bis(methylisocyanate)cyclohexane
100
56359 DE Bis(tributyltin) oxide 100
4044659 Bitoscanate 500
10294345 Boron trichloride 500
7637072 DE Boron trifluoride 10
353424 Boron trifluoride compound with
methyl ether (1:1)
1000
314409 DE Bromacil 100
53404196 DE Bromacil, lithium salt 100
28772567 Bromadiolone 100
7726956 DE Bromine 100
13863417 Bromine chloride 100
7789382 Bromine pentafluoride 100
598312 Bromoacetone 1000
35691657 DE 1-Bromo-1-(bromomethyl)-1,3propanedicarbonitrile
100
353593 DE Bromochlorodifluoromethane 100
75252 Bromoform 100
74839 Bromomethane 1000
101553 4-Bromophenyl phenyl ether 100
106967 3-Bromopropyne 500
7787715 DE Bromotrifluoride 500
598732 DE Bromotrifluoroethylene F 1000**
75638 Bromotrifluoromethane 100
1689845 DE Bromoxynil 100
1689992 DE Bromoxynil octanoate 100
52517 DE Bronopol 100
357573 Brucine 100
106990 1,3-Butadiene 10
106978 DE Butane F 1000**
123739 2-Butenal, (e)- 100
25167673 DE Butene F 1000**
590181 DE 2-Butene-cis F 1000**
624646 DE 2-Butene-trans F 1000**
106989 DE 1-Butene F 1000**
107017 DE 2-Butene F 1000**
75912 DE tert-Butyl hydroperoxide 500
614459 DE tert-Butyl perbenzoate 500
107711 DE tert-Butyl peroxyacetate 500
927071 DE tert-Butyl peroxypivalate 1000
123864 Butyl acetate 5000
110190 iso-Butyl acetate 5000
105464 sec-Butyl acetate 5000
540885 tert-Butyl acetate 5000
141322 DE Butyl acrylate 100
71363 n-Butyl alcohol 5000
78922 DE sec-Butyl alcohol 100
75650 DE tert-Butyl alcohol 100
109739 Butylamine 1000
78819 iso-Butylamine 1000
513495 sec-Butylamine 1000
13952846 sec-Butylamine 1000
75649 tert-Butylamine 1000
2008415 DE Butylate 1
85687 Butyl benzyl phthalate 100
106887 DE 1,2-Butylene oxide 100
123728 DE Butyraldehyde 100
107926 Butyric acid 5000
79312 iso-Butyric acid 5000
75605 Cacodylic acid 1
7440439 Cadmium 10
543908 Cadmium acetate 10
7789426 Cadmium bromide 10
10108642 Cadmium chloride 10
1306190 Cadmium oxide 100
2223930 Cadmium stearate 1000
7778441 Calcium arsenate 1
52740166 Calcium arsenite 1
75207 Calcium carbide 10
13765190 Calcium chromate 10
156627 Calcium cyanamide 1000
592018 Calcium cyanide 10
26264062 Calcium dodecylbenzenesulfonate 1000
7778543 Calcium hypochlorite 10
56257 Cantharidin 100
105602 DE Caprolactam 5000
133062 Captan 10
51832 Carbachol chloride 500
26419738 Carbamic acid, methyl-, O-(((2,4dimethyl-
1,3-dithiolan-2-yl)
methylene)amino)­1
136301 DE Carbamodithioic acid, dibutyl-,
sodium salt
1
148185 DE Carbamodithioic acid, diethyl-,
sodium salt
1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1474 PROPOSED REGULATIONS
1929777 DE Carbamothioic acid, dipropyl-, Spropyl
ester
1
52888809 Carbamothioic acid, dipropyl-, S(
phenylmethyl) ester
1
63252 Carbaryl 100
10605217 Carbendazim 1
1563662 Carbofuran 10
1563388 DE Carbofuran phenol 1
75150 Carbon disulfide 100
353584 Carbon fluoride 100
630080 DE Carbon monoxide F 1000**
353504 Carbonic difluoride 1000
109615 Carbonochloridic acid, propylester 500
56235 Carbon tetrachloride 10
463581 Carbonyl sulfide 100
786196 Carbophenothion 500
55285148 Carbosulfan 1
5234684 DE Carboxin 100
120809 Catechol 100
9004700 DE Cellulose nitrate 500
2439012 DE Chinomethionat 100
133904 Chloramben 100
305033 Chlorambucil 10
57749 Chlordane 1
115286 DE Chlorendic acid 10
470906 Chlorfenvinfos 500
90982324 Chlorimuron ethyl 100
0 DE Chlorinated Benzenes 5000
0 DE Chlorinated Naphthalene 5000
0 DE Chlorinated Phenol 100
7782505 Chlorine 10
10049044 Chlorine dioxide 100
7791211 DE Chlorine monoxide F 100**
13637633 Chlorine pentafluoride 1
7790912 Chlorine trifluoride 100
24934916 Chlormephos 500
999815 Chlormequat chloride 100
494031 Chlornaphazine 100
97007 DE 1-Chloro-2,4-Dinitrobenzene 500
59507 p-Chloro-m-cresol 5000
107200 Chloroacetaldehyde 1000
79118 Chloroacetic acid 100
532274 2-Chloroacetophenone 100
0 DE Chloroalkyl ethers 1
4080313 DE 1-(3-Chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride
100
106478 p-Chloroaniline 1000
108907 Chlorobenzene 100
124481 Chlorodibromomethane 100
96106 DE Chlorodiethylaluminum 500
75683 DE 1-Chloro-1,1-difluoroethane 100
75456 DE Chlorodifluoromethane 100
75003 Chloroethane 1000
107073 Chloroethanol 500
627112 Chloroethyl chloroformate 1000
110758 2-Chloroethyl vinyl ether 1000
67663 Chloroform 10
74873 Chloromethane 100
107302 Chloromethyl methyl ether 10
563473 DE 3-Chloro-2-methyl-1-propene 10
91587 2-Chloronaphthalene 5000
3691358 Chlorophacinone 100
95578 2-Chlorophenol 100
104121 DE p-Chlorophenyl isocyanate 100
7005723 4-Chlorophenyl phenyl ether 5000
76062 Chloropicrin 10
126998 DE Chloroprene 100
542767 3-Chloropropionitrile 1000
590216 DE 1-Chloropropylene F 1000**
557982 DE 2-Chloropropylene F 2000**
7790945 Chlorosulfonic acid 1000
63938103 DE Chlorotetrafluoroethane 100
354256 DE 1-Chloro-1,1,2,2-tetrafluoroethane 100
2837890 DE 2-Chloro-1,1,1,2-tetrafluoroethane 100
1897456 DE Chlorothalonil 100
95692 DE p-Chloro-o-toluidine 10
3165933 4-Chloro-o-toluidine, hydrochloride 100
75887 DE 2-Chloro-1,1,1-trifluoroethane 100
75729 Chlorotrifluoromethane 100
460355 DE 3-Chloro-1,1,1-trifluoropropane 100
1982474 Chloroxuron 500
2921882 Chlorpyrifos 1
5598130 DE Chlorpyrifos methyl 100
64902723 DE Chlorsulfuron 100
1066304 Chromic acetate 1000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1475
11115745 Chromic acid 10
7738945 Chromic acid 10
10025737 Chromic chloride 1
10101538 Chromic sulfate 1000
7440473 Chromium 5000
10049055 Chromous chloride 1000
4680788 DE C.I. Acid Green 3 100
6459945 DE C.I. Acid Red 114 10
569642 DE C.I. Basic Green 4 100
989388 DE C.I. Basic Red 1 100
1937377 DE C.I. Direct Black 38 10
28407376 DE C.I. Direct Blue 218 100
2602462 DE C.I. Direct Blue 6 10
16071866 DE C.I. Direct Brown 95 10
2832408 DE C.I. Disperse Yellow 3 100
3761533 DE C.I. Food Red 5 10
81889 DE C.I. Food Red 15 100
3118976 DE C.I. Solvent Orange 7 100
97563 DE C.I. Solvent Yellow 3 100
842079 DE C.I. Solvent Yellow 14 100
492808 DE C.I. Solvent Yellow 34 100
128665 DE C.I. Vat Yellow 4 100
7440484 DE Cobalt 10
10210681 Cobalt carbonyl 10
62207765 Cobalt, ((2,2'-(1,2ethanediybis(
nitrilomethylidyne))bis
(6-fluorophenylato))(2-)-N,N',O,O')­100
7789437 Cobaltous bromide 1000
544183 Cobaltous formate 1000
14017415 Cobaltous sulfamate 1000
0 Coke Oven Emmissions 1
64868 Colchicine 10
7440508 Copper 5000
544923 Copper cyanide 10
137291 DE Copper,
bis(dimethylcarbamodithioato-S,S')­1
56724 Coumaphos 10
5836293 Coumatetralyl 500
8001589 Creosote 1
120718 DE p-Cresidine 10
108394 m-Cresol 100
95487 o-Cresol 100
106445 p-Cresol 1000
1319773 Cresol (isomers and mixture) 100
535897 Crimidine 100
4170303 Crotonaldehyde 100
98828 Cumene 5000
80159 Cumene hydroperoxide 10
135206 DE Cupferron 10
142712 Cupric acetate 100
12002038 Cupric acetoarsenite 1
7447394 Cupric chloride 10
3251238 Cupric nitrate 100
5893663 Cupric oxalate 100
7758987 Cupric sulfate 10
10380297 Cupric sulfate, ammoniated 100
815827 Cupric tartrate 100
21725462 DE Cyanazine 100
57125 Cyanides (soluble salts and
complexes) not otherwise specified
10
460195 Cyanogen 100
506683 Cyanogen bromide 1000
506774 Cyanogen chloride 10
506785 Cyanogen iodide 1000
2636262 Cyanophos 1000
675149 Cyanuric fluoride 1
1134232 DE Cycloate 1
110827 Cyclohexane 1000
2556367 DE 1,4-Cyclohexane diisocyanate 100
108930 DE Cyclohexanol 100
108941 Cyclohexanone 5000
66819 Cycloheximide 100
108918 Cyclohexylamine 10000
131895 2-Cyclohexyl-4,6-dinitrophenol 100
50180 Cyclophosphamide 10
75194 DE Cyclopropane F 1000**
68359375 DE Cyfluthrin 100
68085858 DE Cyhalothrin 100
94757 2,4-D Acid 100
1929733 2,4-D Esters 100
1928387 2,4-D Esters 100
25168267 2,4-D Esters 100
53467111 2,4-D Esters 100
1928616 2,4-D Esters 100
2971382 2,4-D Esters 100
94804 2,4-D Esters 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1476 PROPOSED REGULATIONS
94791 2,4-D Esters 100
1320189 2,4-D Esters 100
94111 2,4-D Ester 100
20830813 Daunomycin 10
533744 DE Dazomet 1
53404607 DE Dazomet, sodium salt 100
94826 DE 2,4-DB 100
72548 DDD 1
72559 DDE 1
3547044 DDE 5000
50293 DDT 1
17702419 Decaborane(14) 500
1163195 DE Decabromodiphenyl oxide 100
8065483 Demeton 500
919868 Demeton-S-methyl 500
13684565 Desmedipham 100
1928434 DE 2,4-D 2-ethylhexyl ester 10
53404378 DE 2,4-D 2-ethyl-4-methylpentyl ester 10
110225 DE Diacetyl peroxide (55% solution) 500
10311849 Dialifor 100
2303164 Diallate 100
615054 DE 2,4-Diaminoanisole 10
39156417 DE 2,4-Diaminoanisole sulfate 10
101804 4,4'-Diaminodiphenyl ether 10
496720 Diaminotoluene 10
823405 Diaminotoluene 10
95807 2,4-Diaminotoluene 10
25376458 Diaminotoluene (mixed isomers) 10
333415 Diazinon 1
334883 Diazomethane 100
226368 DE Dibenz(a,h)acridine 10
224420 Dibenz(a,j)acridine 10
53703 Dibenz[a,h]anthracene 1
194592 DE 7H-Dibenzo(c,g)carbazole 10
5385751 DE Dibenzo(a,e)fluoranthene 100
132649 Dibenzofuran 100
192654 DE Dibenzo(a,e)pyrene 10
189640 Dibenzo(a,h)pyrene 10
191300 DE Dibenzo(a,l)pyrene 10
94360 DE Dibenzoyl peroxide 500
19287457 Diborane 10
96128 1,2-Dibromo-3-chloropropane 1
10222012 DE 2,2-Dibromo-3-nitrilopropionamide 100
124732 DE Dibromotetrafluoroethane 100
110054 tert-Dibutyl peroxide 500
84742 Dibutyl phthalate 10
1918009 Dicamba 1000
1194656 Dichlobenil 100
117806 Dichlone 1
99309 DE Dichloran 100
7572294 Dichloroacetylene 10
95501 1,2-Dichlorobenzene 100
541731 1,3-Dichlorobenzene 100
106467 1,4-Dichlorobenzene 100
25321226 Dichlorobenzene (mixed isomers) 100
91941 3,3'-Dichlorobenzidine 1
612839 DE 3,3'-Dichlorobenzidine
dihydrochloride
10
64969342 DE 3,3'-Dichlorobenzidine sulfate 10
75274 Dichlorobromomethane 5000
110576 trans-1,4-Dichlorobutene 500
764410 1,4-Dichloro-2-butene 1
1649087 DE 1,2-Dichloro-1,1-difluoroethane 100
75718 Dichlorodifluoromethane 5000
156605 1,2-Dichloroethylene 1000
540590 DE 1,2-Dichloroethylene 100
1717006 DE 1,1-Dichloro-1-fluoroethane 100
75434 Dichlorofluoromethane 100
75092 Dichloromethane 1000
149746 Dichloromethylphenylsilane 1000
12756492
5
DE Dichloropentafluoropropane 100
12890321
9
DE 2,2-Dichloro-1,1,1,3,3-
pentafluoropropane
100
422480 DE 2,3-Dichloro-1,1,1,2,3-
pentafluoropropane
100
422446 DE 1,2-Dichloro-1,1,2,3,3-
pentafluoropropane
100
422560 DE 3,3-Dichloro-1,1,1,2,2-
pentafluoropropane
100
507551 DE 1,3-Dichloro-1,1,2,2,3-
pentafluoropropane
100
13474889 DE 1,1-Dichloro-1,2,2,3,3-
pentafluoropropane
100
431867 DE 1,2-Dichloro-1,1,3,3,3-
pentafluoropropane
100
13601379
1
DE 1,3-Dichloro-1,1,2,3,3-
pentafluoropropane
100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1477
11151256
2
DE 1,1-Dichloro-1,2,3,3,3-
pentafluoropropane
100
97234 DE Dichlorophene 100
120832 2,4-Dichlorophenol 100
87650 2,6-Dichlorophenol 100
696286 Dichlorophenylarsine 1
26638197 Dichloropropane 1000
8003198 Dichloropropane - Dichloropropene
(mixture)
100
78999 1,1-Dichloropropane 1000
78875 1,2-Dichloropropane 1000
142289 1,3-Dichloropropane 5000
26952238 Dichloropropene 100
10061026 DE trans-1,3-Dichloropropene 10
78886 2,3-Dichloropropene 100
75990 2,2-Dichloropropionic acid 5000
542756 1,3-Dichloropropylene 100
4109960 DE Dichlorosilane 100
76142 DE Dichlorotetrafluoroethane 100
90454185 DE Dichloro-1,1,2-trifluoroethane 100
34077877 DE Dichlorotrifluoroethane 100
812044 DE 1,1-Dichloro-1,2,2-trifluoroethane 100
354234 DE 1,2-Dichloro-1,1,2-trifluoroethane 100
306832 DE 2,2-Dichloro-1,1,1-trifluoroethane 100
62737 Dichlorvos 10
51338273 DE Diclofop methyl 100
115322 Dicofol 10
141662 Dicrotophos 100
77736 Dicyclopentadiene 100
60571 Dieldrin 1
1464535 Diepoxybutane 10
111422 Diethanolamine 100
38727558 DE Diethatyl ethyl 100
109897 Diethylamine 100
91667 N,N-Diethylaniline 1000
692422 Diethylarsine 1
814493 Diethyl chlorophosphate 500
13419037
7
DE Diethyldiisocyanatobenzene 100
117817 Di(2-ethylhexyl) phthalate 100
3288582 O,O-Diethyl S-methyl
dithiophosphate
5000
311455 Diethyl-p-nitrophenyl phosphate 100
84662 Diethyl phthalate 1000
56531 Diethylstilbestrol 1
64675 Diethyl sulfate 10
557200 DE Diethylzinc 1000
35367385 DE Diflubenzuron 100
75376 DE Difluoroethane F 1000**
71636 Digitoxin 100
2238075 Diglycidyl ether 1000
101906 Diglycidyl resorcinol ether 10
20830755 Digoxin 10
94586 Dihydrosafrole 10
4128738 DE 4,4'-Diisocyanatodiphenyl ether 100
75790873 DE 2,4'-Diisocyanatodiphenyl sulfide 100
105646 DE Diisopropyl peroxydicarbonate 500
55914 Diisopropylfluorophosphate 100
105748 DE Diluaroyl peroxide 500
115264 Dimefox 500
55290647 DE Dimethipin 100
60515 Dimethoate 10
119904 3,3'-Dimethoxybenzidine 100
20325400 DE 3,3'-Dimethoxybenzidine
dihydrochloride
10
91930 DE 3,3'-Dimethoxybenzidine-4,4'-
diisocyanate
100
11198409
9
DE 3,3'-Dimethoxybenzidine
hydrochloride
10
75183 Dimethyl sulfide 1
124403 Dimethylamine 1000
2300665 DE Dimethylamine dicamba 100
60117 4-Dimethylaminoazobenzene 10
121697 N,N-Dimethylaniline 100
57976 7,12-Dimethylbenz[a]anthracene 1
119937 3,3'-Dimethylbenzidine 10
612828 DE 3,3'-Dimethylbenzidine
dihydrochloride
10
41766750 DE 3,3'-Dimethylbenzidine
dihydrofluoride
10
79447 Dimethylcarbamyl chloride 1
2524030 Dimethyl chlorothiophosphate 500
75785 Dimethyldichlorosilane 500
91974 DE 3,3'-Dimethyl-4,4'-diphenylene
diisocyanate
100
139253 DE 3,3'-Dimethyldiphenylmethane-4,4'-
diisocyanate
100
68122 N,N-Dimethylformamide 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1478 PROPOSED REGULATIONS
57147 1,1-Dimethyl hydrazine 10
105679 2,4-Dimethylphenol 100
576261 2,6-Dimethylphenol 100
99989 Dimethyl-p-phenylenediamine 10
131113 Dimethyl phthalate 5000
463821 DE 2,2-Dimethylpropane F 1000**
77781 Dimethyl sulfate 100
644644 Dimetilan 1
602017 DE 2,3-Dinitroaniline 500
97029 DE 2,4-Dinitroaniline 500
25154545 Dinitrobenzene (mixed isomers) 100
99650 m-Dinitrobenzene 100
528290 o-Dinitrobenzene 100
100254 p-Dinitrobenzene 100
88857 Dinitrobutyl phenol 1000
534521 4,6-Dinitro-o-cresol 10
25550587 Dinitrophenol 10
51285 2,4-Dinitrophenol 10
329715 2,5-Dinitrophenol 10
573568 2,6-Dinitrophenol 10
619158 DE 2,5-Dinitrotoluene 500
618858 DE 3,5-Dinitrotoluene 500
25321146 Dinitrotoluene (mixed isomers) 10
121142 2,4-Dinitrotoluene 10
606202 2,6-Dinitrotoluene 100
610399 3,4-Dinitrotoluene 10
39300453 DE Dinocap 100
1420071 Dinoterb 500
117840 n-Dioctylphthalate 5000
123911 1,4-Dioxane 100
78342 Dioxathion 500
82666 Diphacinone 10
957517 DE Diphenamid 100
122394 DE Diphenylamine 100
122667 1,2-Diphenylhydrazine 10
152169 Diphosphoramide, octamethyl- 100
2164070 DE Dipotassium endothall 100
142847 Dipropylamine 5000
136458 DE Dipropyl isocinchomeronate 100
85007 Diquat 1000
2764729 Diquat 1000
138932 DE Disodium cyanodithioimidocarbonate 100
97778 DE Disulfiram 1
298044 Disulfoton 1
514738 Dithiazanine iodide 500
541537 2,4-Dithiobiuret 100
330541 Diuron 100
27176870 Dodecylbenzenesulfonic acid 1000
2439103 DE Dodine 100
120365 DE 2,4-DP 10
2702729 DE 2,4-D sodium salt 10
316427 Emetine, dihydrochloride 1
959988 alpha - Endosulfan 1
33213659 beta - Endosulfan 1
115297 Endosulfan 1
1031078 Endosulfan sulfate 1
145733 Endothall 1000
2778043 Endothion 500
72208 Endrin 1
7421934 Endrin aldehyde 1
106898 Epichlorohydrin 100
51434 Epinephrine 1000
2104645 EPN 100
50146 Ergocalciferol 1000
379793 Ergotamine tartrate 500
74840 DE Ethane F 1000**
1622328 Ethanesulfonyl chloride, 2-chloro- 500
76131 DE Ethane, 1,1,2-trichloro-1,2,2,­trifluoro-
100
30558431 Ethanimidothioic acid, 2(
dimethylamino)-N-hydroxy-2-oxo-,
methyl ester
1
10140871 Ethanol, 1,2-dichloro-, acetate 1000
5952261 Ethanol, 2,2'-oxybis-, dicarbamate 1
563122 Ethion 10
13194484 Ethoprop 1000
110805 2-Ethoxyethanol 1000
19393670 Ethyl methylketone peroxide 500
141786 Ethyl acetate 5000
107006 DE Ethyl acetylene F 1000**
140885 Ethyl acrylate 1000
100414 Ethylbenzene 1000
538078 Ethylbis(2-chloroethyl)amine 500
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1479
541413 DE Ethyl chloroformate 100
759944 DE Ethyl dipropylthiocarbamate 1
74851 DE Ethylene F 1000**
111546 Ethylenebisdithiocarbamic acid, salts
& esters
5000
107153 Ethylenediamine 5000
60004 Ethylenediamine-tetraacetic acid
(EDTA)
5000
106934 Ethylene dibromide 1
107062 Ethylene dichloride 100
371620 Ethylene fluorohydrin 1
107211 Ethylene glycol 5000
151564 Ethyleneimine 1
75218 Ethylene oxide 10
96457 Ethylenethiourea 10
60297 Ethyl ether 100
75343 Ethylidene Dichloride 1000
75081 DE Ethyl mercaptan F 1000**
97632 Ethyl methacrylate 1000
62500 Ethyl methanesulfonate 1
109955 Ethyl nitrite 100
542905 Ethyl thiocyanate 10000
14324551 DE Ethyl Ziram 1
52857 Famphur 1000
22224926 Fenamiphos 10
60168889 DE Fenarimol 100
13356086 DE Fenbutatin oxide 100
122145 Fenitrothion 1
66441234 DE Fenoxaprop ethyl 100
72490018 DE Fenoxycarb 100
39515418 DE Fenpropathrin 100
115902 Fensulfothion 500
55389 Fenthion 100
51630581 DE Fenvalerate 100
14484641 DE Ferbam 1
1185575 Ferric ammonium citrate 1000
55488874 Ferric ammonium oxalate 1000
2944674 Ferric ammonium oxalate 1000
7705080 Ferric chloride 1000
7783508 Ferric fluoride 100
10421484 Ferric nitrate 1000
10028225 Ferric sulfate 1000
10045893 Ferrous ammonium sulfate 1000
7758943 Ferrous chloride 100
7782630 Ferrous sulfate 1000
7720787 Ferrous sulfate 1000
69806504 DE Fluazifop butyl 100
4301502 Fluenetil 100
2164172 DE Fluometuron 100
206440 Fluoranthene 100
86737 Fluorene 5000
7782414 Fluorine 10
640197 Fluoroacetamide 100
144490 Fluoroacetic acid 10
359068 Fluoroacetyl chloride 10
51218 Fluorouracil 500
7789211 DE Fluosulfonic acid 25
69409945 DE Fluvalinate 100
133073 DE Folpet 100
72178020 DE Fomesafen 100
944229 Fonofos 500
50000 Formaldehyde 100
107164 Formaldehyde cyanohydrin 1000
23422539 Formetanate hydrochloride 1
64186 Formic acid 5000
2540821 Formothion 100
17702577 Formparanate 1
21548323 Fosthietan 500
3878191 Fuberidazole 100
110178 Fumaric acid 5000
110009 Furan 100
109999 Furan, tetrahydro- 1000
98011 Furfural 5000
13450903 Gallium trichloride 500
765344 Glycidylaldehyde 10
70257 Guanidine, N-methyl-N'-nitro-Nnitroso-
10
86500 Guthion 1
76448 Heptachlor 1
1024573 Heptachlor epoxide 1
118741 Hexachlorobenzene 10
87683 Hexachloro-1,3-butadiene 1
319846 alpha-Hexachlorocyclohexane 10
77474 Hexachlorocyclopentadiene 10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1480 PROPOSED REGULATIONS
67721 Hexachloroethane 100
1335871 DE Hexachloronaphthalene 100
70304 Hexachlorophene 100
1888717 Hexachloropropene 1000
757584 Hexaethyl tetraphosphate 100
684162 Hexafluoroacetone 100
4835114 Hexamethylenediamine, N,N'-dibutyl- 500
822060 DE Hexamethylene-1,6-diisocyanate 100
680319 Hexamethylphosphoramide 1
110543 Hexane 5000
51235042 DE Hexazinone 100
67485294 Hydramethylnon 100
302012 Hydrazine 1
1615801 Hydrazine, 1,2-diethyl- 10
540738 Hydrazine, 1,2-dimethyl- 1
10034932 DE Hydrazine sulfate 10
1333740 DE Hydrogen F 6000**
10035106 Hydrogen bromide 1000
7647010 Hydrogen chloride; Hydrochloric acid 5000
74908 Hydrogen cyanide 10
7664393 Hydrogen fluoride; hydrofluoric acid 100
7722841 Hydrogen peroxide 100
7783075 Hydrogen selenide 10
7783064 Hydrogen sulfide 100
123319 Hydroquinone 100
7803498 DE Hydroxylamine 500
35554440 DE Imazalil 100
193395 Indeno(1,2,3-cd)pyrene 100
55406536 DE 3-Iodo-2-propynyl butylcarbamate 1
13463406 Iron, pentacarbonyl- 10
297789 Isobenzan 100
75285 DE Isobutane F 1000**
78831 Isobutyl alcohol 5000
78842 Isobutyraldehyde 100
78820 Isobutyronitrile 1000
102363 Isocyanic acid, 3,4-dichlorophenyl
ester
500
465736 Isodrin 1
25311711 DE Isofenphos 100
78784 DE Isopentane F 1000**
78591 Isophorone 5000
4098719 Isophorone diisocyanate 100
78795 Isoprene 100
42504461 Isopropanolamine dodecylbenzene
sulfonate
1000
75351 Isopropyl amine 1000
625558 Isopropyl formate 100
75310 DE Isopropylamine F 1000**
75296 DE Isopropyl chloride F 1000**
108236 Isopropyl chloroformate 1000
80057 DE 4,4'-Isopropylidenediphenol 100
119380 Isopropylmethylpyrazolyl
dimethylcarbamate
1
120581 Isosafrole 100
143500 Kepone 1
463514 Ketene 10
77501634 DE Lactofen 100
78977 Lactonitrile 1000
303344 Lasiocarpine 10
7439921 Lead 10
301042 Lead acetate 10
7784409 Lead arsenate 1
7645252 Lead arsenate 1
10102484 Lead arsenate 1
7758954 Lead chloride 10
13814965 Lead fluoborate 10
7783462 Lead fluoride 10
10101630 Lead iodide 10
10099748 Lead nitrate 10
7446277 Lead phosphate 10
1072351 Lead stearate 10
56189094 Lead stearate 10
52652592 Lead stearate 10
7428480 Lead stearate 10
1335326 Lead subacetate 10
15739807 Lead sulfate 10
7446142 Lead sulfate 10
1314870 Lead sulfide 10
592870 Lead thiocyanate 10
21609905 Leptophos 500
541253 Lewisite 10
58899 Lindane 1
330552 DE Linuron 100
554132 DE Lithium carbonate 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1481
14307358 Lithium chromate 10
7580678 Lithium hydride 100
121755 Malathion 100
110167 Maleic acid 5000
108316 Maleic anhydride 5000
123331 Maleic hydrazide 5000
109773 Malononitrile 1000
12427382 DE Maneb 100
7439965 DE Manganese 100
15339363 Manganese,
bis(dimethylcarbamodithioato-S,S')­1
12108133 Manganese, tricarbonyl
methylcyclopentadienyl
100
93652 DE Mecoprop 10
148823 Melphalan 1
950107 Mephosfolan 500
149304 DE 2-Mercaptobenzothiazole 100
2032657 Mercaptodimethur 10
1600277 Mercuric acetate 500
7487947 Mercuric chloride 500
592041 Mercuric cyanide 1
10045940 Mercuric nitrate 10
21908532 Mercuric oxide 500
7783359 Mercuric sulfate 10
592858 Mercuric thiocyanate 10
7782867 Mercurous nitrate 10
10415755 Mercurous nitrate 10
7439976 Mercury 1
628864 Mercury fulminate 10
150505 DE Merphos 100
10476956 Methacrolein diacetate 1000
760930 Methacrylic anhydride 500
126987 Methacrylonitrile 1000
920467 Methacryloyl chloride 10
30674807 Methacryloyloxyethyl isocyanate 10
10265926 Methamidophos 100
137428 DE Metham sodium 1
74828 DE Methane F 1000**
558258 Methanesulfonyl fluoride 1000
67561 Methanol 5000
91805 Methapyrilene 5000
20354261 DE Methazole 100
950378 Methidathion 500
16752775 Methomyl 100
94746 DE Methoxone 10
3653483 DE Methoxone sodium salt 10
72435 Methoxychlor 1
109864 DE 2-Methoxyethanol 100
151382 Methoxyethylmercuric acetate 500
75221 Methyl chloroformate 1
624920 Methyl disulfide 1
453189 Methyl fluoroacetate 1
421205 Methyl fluorosulfate 1
96333 DE Methyl acrylate 100
563462 DE 2-Methyl-1-butene F 1000**
563451 DE 3-Methyl-1-butene F 1000**
80637 Methyl 2-chloroacrylate 500
79221 Methyl chlorocarbonate 1000
56495 3-Methylcholanthrene 10
3697243 DE 5-Methylchrysene 10
75790840 DE 4-Methyldiphenylmethane-3,4-
diisocyanate
100
101144 4,4'-Methylenebis(2-chloroaniline) 10
101611 DE 4,4'-Methylenebis(N,Ndimethyl)
benzenamine
10
5124301 DE 1,1'-Methylene bis(4isocyanatocyclohexane)
100
101688 Methylenebis(phenylisocyanate) 5000
74953 Methylene bromide 1000
101779 4,4'-Methylenedianiline 10
115106 DE Methyl ether F 1000**
78933 Methyl ethyl ketone 5000
1338234 Methyl ethyl ketone peroxide 10
107313 DE Methyl formate F 1000**
60344 Methyl hydrazine 10
74884 Methyl iodide 100
108101 Methyl isobutyl ketone 5000
624839 Methyl isocyanate 10
556616 Methyl isothiocyanate 500
74931 Methyl mercaptan 100
502396 Methylmercuric dicyanamide 500
80626 Methyl methacrylate 1000
924425 N-Methylolacrylamide 100
298000 Methyl parathion 100
3735237 Methyl phenkapton 500
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1482 PROPOSED REGULATIONS
676971 Methyl phosphonic dichloride 100
115117 DE 2-Methylpropene F 1000**
109068 2-Methylpyridine 5000
872504 DE N-Methyl-2-pyrrolidone 100
1634044 DE Methyl tert-butyl ether (MTBE) 1000 30
556649 Methyl thiocyanate 1000
56042 Methylthiouracil 10
75796 DE Methyltrichlorosilane 500 50
78944 Methyl vinyl ketone 1
9006422 DE Metiram 100
1129415 Metolcarb 1
21087649 DE Metribuzin 100
7786347 Mevinphos 10
315184 Mexacarbate 1000
90948 DE Michler's ketone 10
50077 Mitomycin C 10
2212671 DE Molinate 1
1313275 DE Molybdenum trioxide 100
76153 DE Monochloropentafluoroethane 100
6923224 Monocrotophos 10
75047 DE Monoethylamine 100
74895 Monomethylamine 100
150685 DE Monuron 100
2763964 Muscimol 1000
505602 Mustard gas 500
88671890 DE Myclobutanil 100
142596 DE Nabam 100
300765 Naled 10
91203 Naphthalene 100
3173726 DE 1,5-Naphthalene diisocyanate 100
1338245 Naphthenic acid 100
130154 1,4-Naphthoquinone 5000
134327 alpha-Naphthylamine 100
91598 2-Naphthylamine 10
7440020 Nickel 100
15699180 Nickel ammonium sulfate 100
13463393 Nickel carbonyl 10
7718549 Nickel chloride 100
37211055 Nickel chloride 100
0 DE Nickel Compounds/Nickel Coated
Catalysts
200
557197 Nickel cyanide 10
12054487 Nickel hydroxide 10
14216752 Nickel nitrate 100
7786814 Nickel sulfate 100
54115 Nicotine 100
54115 Nicotine, and salts 100
65305 Nicotine sulfate 100
1929824 DE Nitrapyrin 100
7697372 Nitric acid 1000
10102439 Nitric oxide 10
139139 DE Nitrilotriacetic acid 10
90092 DE m-Nitroaniline 500
88744 DE o-Nitroaniline 500
100016 p-Nitroaniline 5000
99592 DE 5-Nitro-o-anisidine 100
98953 Nitrobenzene 1000
92933 4-Nitrobiphenyl 10
1122607 Nitrocyclohexane 500
79243 Nitroethane 500
1836755 DE Nitrofen 10
10102440 Nitrogen dioxide 10
51752 Nitrogen mustard 10
10102439 Nitrogen oxide 10
10544726 Nitrogen tetraoxide 10
55630 Nitroglycerin 10
75525 DE Nitromethane 500
25154556 Nitrophenol (mixed isomers) 100
554847 m-Nitrophenol 100
88755 2-Nitrophenol 100
100027 4-Nitrophenol 100
79469 2-Nitropropane 10
5522430 DE 1-Nitropyrene 10
924163 N-Nitrosodi-n-butylamine 10
1116547 N-Nitrosodiethanolamine 1
55185 N-Nitrosodiethylamine 1
62759 N-Nitrosodimethylamine 10
86306 N-Nitrosodiphenylamine 100
156105 DE p-Nitrosodiphenylamine 100
621647 N-Nitrosodi-n-propylamine 10
759739 N-Nitroso-N-ethylurea 1
684935 N-Nitroso-N-methylurea 1
615532 N-Nitroso-N-methylurethane 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1483
4549400 N-Nitrosomethylvinylamine 10
59892 N-Nitrosomorpholine 1
16543558 DE N-Nitrosonornicotine 10
100754 N-Nitrosopiperidine 10
930552 N-Nitrosopyrrolidine 1
1321126 Nitrotoluene 1000
99081 m-Nitrotoluene 1000
88722 o-Nitrotoluene 1000
99990 p-Nitrotoluene 1000
99558 5-Nitro-o-toluidine 100
991424 Norbormide 100
27314132 DE Norflurazon 100
2234131 DE Octachloronaphthalene 100
29082744 DE Octachlorostyrene 1
8014957 Oleum (fuming sulfuric acid) 1000
0 Organorhodium Complex (PMN-
82-147)
10
19044883 DE Oryzalin 100
20816120 Osmium tetroxide 1000
630604 Ouabain 100
23135220 Oxamyl 1
78717 Oxetane, 3,3-bis(chloromethyl)­500
301122 DE Oxydemeton methyl 100
19666309 DE Oxydiazon 100
2497076 Oxydisulfoton 500
42874033 DE Oxyfluorfen 100
7783417 Oxygen difluoride 1
10028156 Ozone 1
30525894 Paraformaldehyde 1000
123637 Paraldehyde 1000
1910425 Paraquat dichloride 10
2074502 Paraquat methosulfate 10
56382 Parathion 10
1114712 DE Pebulate 1
40487421 DE Pendimethalin 1
19624227 Pentaborane 1
608935 Pentachlorobenzene 1
608935 Pentachlorobenzene 10
76017 Pentachloroethane 10
87865 Pentachlorophenol 10
2570265 Pentadecylamine 100
504609 1,3-Pentadiene 100
109660 DE Pentane F 1000**
109671 DE 1-Pentene F 1000**
646048 DE 2-Pentene, (E)­F
1000**
627203 DE 2-Pentene, (Z)­F
1000**
57330 DE Pentobarbital sodium 100
79210 Peracetic acid 100
7601903 DE Perchloric acid 1000
594423 Perchloromethyl mercaptan 100
7616946 Perchloryl fluoride 100
52645531 DE Permethrin 100
62442 Phenacetin 100
85018 Phenanthrene 5000
108952 Phenol 1000
64006 Phenol, 3-(1-methylethyl)-,
methylcarbamate
1
4418660 Phenol, 2,2'-thiobis[4-chloro-6-
methyl-
100
26002802 DE Phenothrin 100
58366 Phenoxarsine, 10,10'-oxydi- 500
95545 DE 1,2-Phenylenediamine 100
108452 1,3-Phenylenediamine 100
106503 p-Phenylenediamine 5000
615281 DE 1,2-Phenylenediamine
dihydrochloride
100
624180 DE 1,4-Phenylenediamine
dihydrochloride
100
123615 DE 1,3-Phenylene diisocyanate 100
104494 DE 1,4-Phenylene diisocyanate 100
59881 Phenylhydrazine hydrochloride 1000
62384 Phenylmercuric acetate 100
90437 DE 2-Phenylphenol 100
2097190 Phenylsilatrane 100
103855 Phenylthiourea 100
57410 DE Phenytoin 10
298022 Phorate 10
4104147 Phosacetim 100
947024 Phosfolan 100
75445 Phosgene 10
732116 Phosmet 10
13171216 Phosphamidon 100
7803512 Phosphine 100
2703131 Phosphonothioic acid, methyl-, Oethyl
O-(4-(methylthio)phenyl) ester
500
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1484 PROPOSED REGULATIONS
50782699 Phosphonothioic acid, methyl-, S-(2(
bis(1-methylethyl)amino)ethyl)
O-ethyl ester
100
2665307 Phosphonothioic acid, methyl-, O-(4nitrophenyl)
O-phenyl ester
500
7664382 Phosphoric acid 5000
3254635 Phosphoric acid, dimethyl 4(
methylthio) phenyl ester
500
2587908 Phosphorothioic acid, O,O-dimethyl5-(
2-(methylthio)ethyl)ester
500
7723140 Phosphorus 1
10025873 Phosphorus oxychloride 1000
10026138 Phosphorus pentachloride 500
1314563 Phosphorus pentoxide 1
7719122 Phosphorus trichloride 1000
85449 Phthalic anhydride 5000
57476 Physostigmine 1
57647 Physostigmine, salicylate (1:1) 1
1918021 DE Picloram 100
88891 DE Picric acid 100
124878 Picrotoxin 500
110894 Piperidine 1000
120547 DE Piperidine, 1,1'­(
tetrathiodicarbonothioyl)-bis1
51036 DE Piperonyl butoxide 100
23505411 Pirimifos-ethyl 1000
29232937 DE Pirimiphos methyl 100
1336363 Polychlorinated biphenyls 1
9016879 DE Polymeric diphenylmethane
diisocyanate
100
7784410 Potassium arsenate 1
10124502 Potassium arsenite 1
7778509 Potassium bichromate 10
7758012 DE Potassium bromate 10
7789006 Potassium chromate 10
151508 Potassium cyanide 10
128030 Potassium dimethyldithiocarbamate 1
1310583 Potassium hydroxide 1000
51026289 DE Potassium N-hydroxymethyl-Nmethyldithiocarbamate
1
137417 DE Potassium N-methyldithiocarbamate 1
7722647 Potassium permanganate 100
506616 Potassium silver cyanide 1
41198087 DE Profenofos 100
2631370 Promecarb 1
7287196 DE Prometryn 100
23950585 Pronamide 5000
1918167 DE Propachlor 100
463490 DE Propadiene F 1000**
74986 DE Propane F 1000**
107120 Propanenitrile 10
1120714 Propane sultone 10
709988 DE Propanil 100
2312358 Propargite 10
107197 Propargyl alcohol 1000
106967 Propargyl bromide 1
31218834 DE Propetamphos 100
122429 Propham 1
60207901 DE Propiconazole 100
57578 beta-Propiolactone 10
123386 Propionaldehyde 1000
79094 Propionic acid 5000
123626 Propionic anhydride 5000
70699 Propiophenone, 4'-amino 100
114261 Propoxur 100
627134 DE m-Propyl nitrate 500
107108 n-Propylamine 5000
115071 DE Propylene F 1000**
75569 Propylene oxide 100
75558 Propyleneimine 1
74997 DE Propyne F 1000**
2275185 Prothoate 100
129000 Pyrene 5000
121299 Pyrethrins 1
121211 Pyrethrins 1
8003347 Pyrethrins 1
110861 Pyridine 1000
140761 Pyridine, 2-methyl-5-vinyl- 500
1124330 Pyridine, 4-nitro-, 1-oxide 500
53558251 Pyriminil 100
91225 Quinoline 5000
106514 Quinone 10
82688 Quintozene 100
76578148 DE Quizalofop-ethyl 100
50555 Reserpine 5000
10453868 DE Resmethrin 100
108463 Resorcinol 5000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1485
81072 Saccharin and salts 100
94597 Safrole 100
14167181 Salcomine 500
107448 Sarin 1
7783008 Selenious acid 10
12039520 Selenious acid, dithallium(1+) salt 1000
7782492 Selenium 100
7783791 Selenium hexafluoride 10
7446084 Selenium oxide 10
7791233 Selenium oxychloride 500
7488564 Selenium sulfide 10
144343 DE Selenium,
tetrakis(dimethyldithiocarbamate)
1
630104 Selenourea 1000
563417 Semicarbazide hydrochloride 1000
74051802 DE Sethoxydim 100
7803625 DE Silane F 1000**
3037727 Silane, (4aminobutyl)
diethoxymethyl1000
7440224 Silver 1000
506649 Silver cyanide 1
7761888 Silver nitrate 1
122349 DE Simazine 100
7440235 Sodium 10
7631892 Sodium arsenate 1
7784465 Sodium arsenite 1
26628228 Sodium azide (Na(N3)) 1000
10588019 Sodium bichromate 10
1333831 Sodium bifluoride 100
7631905 Sodium bisulfite 5000
124652 Sodium cacodylate 100
7775113 Sodium chromate 10
143339 Sodium cyanide 10
1982690 DE Sodium dicamba 100
128041 DE Sodium dimethyldithiocarbamate 1
25155300 Sodium dodecylbenzenesulfonate 1000
7681494 Sodium fluoride 1000
62748 Sodium fluoroacetate 10
16721805 Sodium hydrosulfide 5000
1310732 Sodium hydroxide 1000
10022705 Sodium hypochlorite 100
7681529 Sodium hypochlorite 100
124414 Sodium methylate 1000
7632000 Sodium nitrite 100
131522 Sodium pentachlorophenate 100
132274 DE Sodium o-phenylphenoxide 10
7558794 Sodium phosphate, dibasic 5000
10140655 Sodium phosphate, dibasic 5000
10039324 Sodium phosphate, dibasic 5000
7785844 Sodium phosphate, tribasic 5000
10124568 Sodium phosphate, tribasic 5000
7601549 Sodium phosphate, tribasic 5000
10361894 Sodium phosphate, tribasic 5000
7758294 Sodium phosphate, tribasic 5000
10101890 Sodium phosphate, tribasic 5000
10028247 Sodium Phosphate, dibasic 5000
13410010 Sodium selenate 100
10102188 Sodium selenite 100
7782823 Sodium selenite 100
10102202 Sodium tellurite 500
900958 Stannane, acetoxytriphenyl- 500
7803523 Stibine 10
18883664 Streptozotocin 1
7789062 Strontium chromate 10
57249 Strychnine 10
57249 Strychnine, and salts 10
60413 Strychnine, sulfate 10
100425 Styrene 1000
96093 Styrene oxide 100
95067 DE Sulfallate 1
3689245 Sulfotep 100
3569571 Sulfoxide, 3-chloropropyl octyl 500
7446095 Sulfur dioxide 100 500
7664939 Sulfuric acid 1000
12771083 Sulfur monochloride 1000
5714227 Sulfur pentafluoride 10
1314803 Sulfur phosphide 100
7783600 Sulfur tetrafluoride 10
7446119 DE Sulfur trioxide 20
2699798 DE Sulfuryl fluoride 100
35400432 DE Sulprofos 100
93765 2,4,5-T acid 1000
3813147 2,4,5-T amines 5000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1486 PROPOSED REGULATIONS
6369966 2,4,5-T amines 5000
6369977 2,4,5-T amines 5000
2008460 2,4,5-T amines 5000
1319728 2,4,5-T amines 5000
61792072 2,4,5-T esters 1000
25168154 2,4,5-T esters 1000
93798 2,4,5-T esters 1000
1928478 2,4,5-T esters 1000
2545597 2,4,5-T esters 1000
13560991 2,4,5-T salts 1000
77816 Tabun 10
34014181 DE Tebuthiuron 100
13494809 Tellurium 1
7783804 Tellurium hexafluoride 10
3383968 DE Temephos 100
5902512 DE Terbacil 100
13071799 Terbufos 100
79947 DE Tetrabromobisphenol A 1
1634022 DE Tetrabutylthiuram disulfide 1
95943 1,2,4,5-Tetrachlorobenzene &
Isomers
5000
1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin
(TCDD)
1
630206 1,1,1,2-Tetrachloroethane 100
79345 1,1,2,2-Tetrachloroethane 100
127184 Tetrachloroethylene 100
354143 DE 1,1,2,2-Tetrachloro-1-fluoroethane 100
354110 DE 1,1,1,2-Tetrachloro-2-fluoroethane 100
58902 2,3,4,6-Tetrachlorophenol 10
961115 DE Tetrachlorvinphos 100
64755 DE Tetracycline hydrochloride 100
78002 Tetraethyl lead 10
107493 Tetraethyl pyrophosphate 10
597648 Tetraethyltin 100
116143 DE Tetrafluoroethylene F 1000**
10086472 Tetrafluoro hydrazine 100
7696120 DE Tetramethrin 100
75741 Tetramethyllead 100
75763 DE Tetramethylsilane F 1000**
509148 Tetranitromethane 10
1314325 Thallic oxide 100
7440280 Thallium 1000
563688 Thallium(I) acetate 100
10102451 Thallium(I) nitrate 100
10031591 Thallium sulfate 100
7446186 Thallium(I) sulfate 100
6533739 Thallous carbonate 100
7791120 Thallous chloride 100
2757188 Thallous malonate 100
148798 DE Thiabendazole 100
62555 Thioacetamide 10
28249776 DE Thiobencarb 100
2231574 Thiocarbazide 1000
139651 DE 4,4'-Thiodianiline 10
59669260 Thiodicarb 1
39196184 Thiofanox 100
297972 Thionazin 100
7719097 Thionyl chloride 10
23564069 DE Thiophanate ethyl 100
23564058 Thiophanate-methyl 1
108985 Thiophenol 100
79196 Thiosemicarbazide 100
62566 Thiourea 10
5344821 Thiourea, (2-chlorophenyl)- 100
614788 Thiourea, (2-methylphenyl)- 500
137268 Thiram 10
1314201 DE Thorium dioxide 100
7550450 Titanium tetrachloride 100 1000
108883 Toluene 1000
584849 Toluene-2,4-diisocyanate 100
91087 Toluene-2,6-diisocyanate 100
26471625 Toluene diisocyanate (unspecified
isomer)
100
95534 o-Toluidine 100
106490 p-Toluidine 100
636215 o-Toluidine hydrochloride 100
8001352 Toxaphene 1
32534955 2,4,5-TP esters 100
93721 2,4,5-TP acid 100
43121433 DE Triadimefon 100
2303175 Triallate 1
1031476 Triamiphos 500
68768 Triaziquone 100
24017478 Triazofos 500
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1487
10120048
0
DE Tribenuron methyl 100
1983104 DE Tributyltin fluoride 100
2155706 DE Tributyltin methacrylate 100
78488 S,S,S-Tributyltrithiophosphate 100
52686 Trichlorfon 100
76028 Trichloroacetyl chloride 500
120821 1,2,4-Trichlorobenzene & Isomers 100
1558254 Trichloro(chloromethyl)silane 10
27137855 Trichloro(dichlorophenyl)silane 500
71556 1,1,1-Trichloroethane 1000
79005 1,1,2-Trichloroethane 100
79016 Trichloroethylene 100
115219 Trichloroethylsilane 500
75694 Trichlorofluoromethane 5000
327980 Trichloronate 500
25167822 Trichlorophenol 10
15950660 2,3,4-Trichlorophenol 10
933788 2,3,5-Trichlorophenol 10
933755 2,3,6-Trichlorophenol 10
95954 2,4,5-Trichlorophenol 10
88062 2,4,6-Trichlorophenol 10
609198 3,4,5-Trichlorophenol 10
98135 Trichlorophenylsilane 500
96184 DE 1,2,3-Trichloropropane 10
10025782 DE Trichlorosilane F 1000**
57213691 DE Triclopyr triethylammonium salt 100
27323417 Triethanolamine dodecylbenzene
sulfonate
1000
998301 Triethoxysilane 500
121448 Triethylamine 5000
79389 DE Trifluorochloroethylene F 1000**
1582098 Trifluralin 10
26644462 Triforine 100
2487903 Trimethoxysilane 10
75503 Trimethylamine 100
95636 DE 1,2,4-Trimethylbenzene 100
75774 Trimethylchlorosilane 1000
16938220 DE 2,2,4-Trimethylhexamethylene
diisocyanate
100
15646965 DE 2,4,4-Trimethylhexamethylene
diisocyanate
100
824113 Trimethylolpropane phosphite 100
540841 2,2,4-Trimethylpentane 1000
2655154 DE 2,3,5-Trimethylphenyl
methylcarbamate
100
1066451 Trimethyltin chloride 500
DE 1,2,4-Trinitrobenzene 500
99354 1,3,5-Trinitrobenzene 10
602293 DE 2,3,4-Trinitrotoluene 500
DE 2,3,5-Trinitrotoluene 500
DE 2,3,6-Trinitrotoluene 500
610253 DE 2,4,5-Trinitrotoluene 500
118967 DE 2,4,6-Trinitrotoluene 500
DE 3,4,5-Trinitrotoluene 500
639587 Triphenyltin chloride 500
76879 DE Triphenyltin hydroxide 1000
555771 Tris(2-chloroethyl)amine 100
126727 Ethanamine, 1,1-dimethyl-2-phenyl
Tris (2,3dibromopropyl) phosphate
10
72571 Trypan blue 10
66751 Uracil mustard 10
541093 Uranyl acetate 100
10102064 Uranyl nitrate 100
36478769 Uranyl nitrate 100
51796 Urethane 100
2001958 Valinomycin 1000
7440622 DE Vanadium (except when contained in
an alloy)
100
1314621 Vanadium pentoxide 1000
27774136 Vanadyl sulfate 1000
50471448 DE Vinclozolin 100
108054 Vinyl acetate 5000
689974 DE Vinyl acetylene F 1000**
593602 Vinyl bromide 100
75014 Vinyl chloride 1
109922 DE Vinyl ethyl ether F 1000**
75025 DE Vinyl fluoride F 1000**
75354 Vinylidene chloride 100
75387 DE Vinylidene fluoride F 1000**
107255 DE Vinyl methyl ether F 1000**
81812 Warfarin 100
81812 Warfarin, & salts, conc.>0.3% 100
129066 Warfarin sodium 100
108383 m-Xylene 100
95476 o-Xylene 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1488 PROPOSED REGULATIONS
106423 p-Xylene 100
1330207 Xylene 100
1300716 Xylenol 1000
87627 DE 2,6-Xylidine 10
28347139 Xylylene dichloride 100
7440666 Zinc 1000
557346 Zinc acetate 1000
14639975 Zinc ammonium chloride 1000
14639986 Zinc ammonium chloride 1000
52628258 Zinc ammonium chloride 1000
1332076 Zinc borate 1000
7699458 Zinc bromide 1000
3486359 Zinc carbonate 1000
7646857 Zinc chloride 1000
557211 Zinc cyanide 10
58270089 Zinc, dichloro(4,4-dimethyl-
5((((methylamino)carbonyl)oxy)imino
)
Pentanenitrile)-, (T-4)-
100
7783495 Zinc fluoride 1000
557415 Zinc formate 1000
7779864 Zinc hydrosulfite 1000
7779886 Zinc nitrate 1000
127822 Zinc phenolsulfonate 5000
1314847 Zinc phosphide 100
16871719 Zinc silicofluoride 5000
7733020 Zinc sulfate 1000
12122677 DE Zineb 100
137304 Ziram 1
13746899 Zirconium nitrate 5000
16923958 Zirconium potassium fluoride 1000
14644612 Zirconium sulfate 5000
10026116 Zirconium tetrachloride 5000
This consolidated chemical list includes chemicals
subject to reporting requirements under the Emergency
Planning and Community Right-to-Know Act (EPCRA),
also known as Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA). Chemicals listed
under 112(r) of the Clean Air Act (CAA), Section 311 of the
Clean Water Act of 1980, State of Delaware's Accidental
Release Prevention Regulation, and EPCRA Section 313 are
included with Delaware Reportable Quantities (DRQs).
Some substances are listed as commonly known synonyms
more than once or with different CAS numbers. For other
synonyms and CAS numbers search the EPA Chemical
Substance Registry System (CRS) (SRS)under chemical
names or CAS numbers. The EPA CSR (SRS) search page
can be found on the internet at: http://oaspub.epa.gov/srs/
SEARCH$.STARTUP
Note: Substances with no DE must also be reported to
the National Reporting Center (NRC) under federal
reporting requirements with reportable quantities equal to
the DRQ. The column with designation 'DE' means that the
substance DRQ does not agree with the federal reportable
quantity under CERCLA or EPCRA requirements to report
to the (NRC). Check the EPA Lists of Lists or the NRC
internet webpage to determine if and what reportable release
quantity must be reported to the NRC independently of the
State of Delaware Reporting requirements.
* No mandatory written report is required under Section
2.5 of the 6028 Reporting Regulation.
** F = Flammable substances Delaware reportable
quantities apply for short term releases (immediate to
one hour).
Section 3 Table A
RCRA Waste Streams and Unlisted Hazardous Wastes
RCRA
Codes
NAME DRQ
D001 Unlisted hazardous wastes characteristic of
ignitability
100
D002 Unlisted hazardous wastes characteristic of
corrosivity
100
D003 Unlisted hazardous wastes characteristic of
reactivity
100
D004 Arsenic 1
D005 Barium 1000
D006 Cadmium 10
D007 Chromium 10
D008 Lead 10
D009 Mercury 1
D010 Selenium 10
D011 Silver 1
D012 Endrin 1
D013 Lindane 1
D014 Methoxychlor 1
D015 Toxaphene 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1489
D016 2,4-D 100
D017 2,4,5-TP 100
D018 Benzene 10
D019 Carbon tetrachloride 10
D020 Chlordane 1
D021 Chlorobenzene 100
D022 Chloroform 10
D023 o-Cresol 100
D024 m-Cresol 100
D025 p-Cresol 100
D026 Cresol 100
D027 1,4-Dichlorobenzene 100
D028 1,2-Dichloroethane 100
D029 1,1-Dichloroethylene 100
D030 2,4-Dinitrotoluene 10
D031 Heptachlor (and epoxide) 1
D032 Hexachlorobenzene 10
D033 Hexachlorobutadiene 1
D034 Hexachloroethane 100
D035 Methyl ethyl ketone 5000
D036 Nitrobenzene 1000
D037 Pentachlorophenol 10
D038 Pyridine 1000
D039 Tetrachloroethylene 100
D040 Trichloroethylene 100
D041 2,4,5-Trichlorophenol 10
D042 2,4,6-Trichlorophenol 10
D043 Vinyl chloride 1
F001 Spent halogenated solvents used in
degreasing
10
F001a (a) Tetrachloroethylene (CAS No. 127-18-4,
RCRA Waste No. U210)
100
F001b (b) Trichloroethylene (CAS No. 79-01-6,
RCRA Waste No. U228)
100
F001c (c) Methylene chloride (CAS No. 75-09-2,
RCRA Waste No. U080)
1000
F001d (d) 1,1,1-Trichloroethane (CAS No. 71-55-6,
RCRA Waste No. U226)
1000
F001e (e) Carbon tetrachloride (CAS No. 56-23-5,
RCRA Waste No. U211)
10
F001f (f) Chlorinated fluorocarbons 5000
F002 Spent halogenated solvents 10
F002a (a) Tetrachloroethylene (CAS No. 127-18-4,
RCRA Waste No. U210)
100
F002b (b) Methylene chloride (CAS No. 75-09-2,
RCRA Waste No. U080)
1000
F002c (c) Trichloroethylene (CAS No. 79-01-6,
RCRA Waste No. U228)
100
F002d (d) 1,1,1-Trichloroethane (CAS No. 71-55-6,
RCRA Waste No. U226)
1000
F002e (e) Chlorobenzene (CAS No. 108-90-7,
RCRA Waste No. U037)
100
F002f (f) 1,1,2-Trichloro-1,2,2-trifluoroethane
(CAS No. 76-13-1)
5000
F002g (g) o-Dichlorobenzene (CAS No. 95-50-1,
RCRA Waste No. U070)
100
F002h (h) Trichlorofluoromethane (CAS No. 75-69-
4, RCRA Waste No. U121)
5000
F002i (i) 1,1,2-Trichloroethane (CAS No. 79-00-5,
RCRA Waste No. U227)
100
F003 Spent non-halogenated solvents and still
bottoms from recovery:
100
F003a (a) Xylene (CAS No. 1330-20-7) 1000
F003b (b) Acetone (CAS No. 67-64-12) 5000
F003c (c) Ethyl acetate (CAS No. 141-78-6) 5000
F003d (d) Ethylbenzene (CAS No. 100-41-4) 1000
F003e (e) Ethyl ether (CAS No. 60-29-7) 100
F003f (f) Methyl isobutyl ketone (CAS No. 108-10-
1,)
5000
F003g (g) n-Butyl alcohol (CAS No. 71-36-3) 5000
F003h (h) Cyclohexanone (CAS No. 108-94-1) 5000
F003i (i) Methanol (CAS No. 67-56-1, RCRA
Waste No. U154)
5000
F004 Spent non-halogenated solvents and still
bottoms from recovery:
100
F004a (a) Cresols/cresylic acid (CAS No. 1319-77-
3, RCRA Waste No. U052)
100
F004b (b) Nitrobenzene (CAS No. 98-95-3, RCRA
Waste No. U169)
1000
F005 Spent non-halogenated solvents and still
bottoms from recovery:
100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1490 PROPOSED REGULATIONS
F005a (a) Toluene (CAS No. 108-88-3, RCRA
Waste No. U220)
1000
F005b (b) Methyl ethyl ketone (CAS No. 78-93-3,
RCRA Waste No. U159)
5000
F005c (c) Carbon disulfide (CAS No. 75-15-0,
RCRA Waste No. P022)
100
F005d (d) Isobutanol (CAS No. 78-83-1, RCRA
Waste No. U140)
5000
F005e (e) Pyridine (CAS No. 110-86-1, RCRA
Waste No. U196)
1000
F006 Wastewater treatment sludges from
electroplating operations (w/some
exceptions)
10
F007 Spent cyanide plating bath solns. from
electroplating
10
F008 Plating bath residues from electroplating
where cyanides are used
10
F009 Spent stripping/cleaning bath solns. from
electroplating where cyanides are used
10
F010 Quenching bath residues from metal heat
treating where cyanides are used
10
F011 Spent cyanide soln. from salt bath pot
cleaning from metal heat treating
10
F012 Quenching wastewater sludges from metal
heat treating where cyanides are used
10
F019 Wastewater treatment sludges from
chemical conversion aluminum coating
10
F020 Wastes from prod. or use of tri/
tetrachlorophenol or derivative
intermediates
1
F021 Wastes from prod. or use of
pentachlorophenol or intermediates for
derivatives
1
F022 Wastes from use of tetra/penta/
hexachlorobenzenes under alkaline
conditions
1
F023 Wastes from mat. prod. on equip. previously
used for tri\tetrachlorophenol
1
F024 Wastes from production of chlorinated
aliphatic hydrocarbons (C1-C5)
1
F025 Lights ends, filters from prod. of chlorinated
aliphatic hydrocarbons (C1-C5)
1
F026 Waste from equipment previously used to
prod. tetra/penta/hexachlorobenzenes
1
F027 Discarded formulations containing tri/tetra/
pentachlorophenols or derivatives
1
F028 Residues from incineration of soil
contaminated w/
F020,F021,F022,F023,F026,F027
1
F032 Wastewaters, process residuals from wood
preserving using chlorophenolic solns.
1
F034 Wastewaters, process residuals from wood
preserving using creosote formulations
1
F035 Wastewaters, process residuals from wood
preserving using arsenic or chromium
1
F037 Petroleum refinery primary oil/water/solids
separation sludge
1
F038 Petroleum refinery secondary (emulsified)
oil/water/solids separation sludge
1
K001 Wastewater treatment sludge from
creosote/pentachlorophenol wood
preserving
1
K002 Wastewater treatment sludge from prod. of
chrome yellow and orange pigments
10
K003 Wastewater treatment sludge from prod. of
molybdate orange pigments
10
K004 Wastewater treatment sludge from prod. of
zinc yellow pigments
10
K005 Wastewater treatment sludge from prod. of
chrome green pigments
10
K006 Wastewater treatment sludge from prod. of
chrome oxide green pigments
10
K007 Wastewater treatment sludge from prod. of
iron blue pigments
10
K008 Oven residue from prod. of chrome oxide
green pigments
10
K009 Dist. bottoms from prod. of acetaldehyde
from ethylene
10
K010 Dist. side cuts from prod. of acetaldehyde
from ethylene
10
K011 Bottom stream from wastewater stripper in
acrylonitrile prod.
10
K013 Bottom stream from acetonitrile column in
acrylonitrile prod.
10
K014 Bottoms from acetonitrile purification
column in acrylonitrile prod.
5000
K015 Still bottoms from the dist. of benzyl chloride 10
K016 Heavy ends or dist. residues from prod. of
carbon tetrachloride
1
K017 Heavy ends from the purification column in
epichlorohydrin prod.
10
K018 Heavy ends from the fractionation column in
ethyl chloride prod.
1
K019 Heavy ends from the dist. of ethylene
dichloride during its prod.
1
K020 Heavy ends from the dist. of vinyl chloride
during prod. of the monomer
1
K021 Aqueous spent antimony catalyst waste
from fluoromethanes prod.
10
K022 Dist. bottom tars from prod. of phenol/
acetone from cumene
1
K023 Dist. light ends from prod. of phthalic
anhydride from naphthalene
5000
K024 Dist. bottoms from prod. of phthalic
anhydride from naphthalene
5000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1491
K025 Dist. bottoms from prod. of nitrobenzene by
nitration of benzene
10
K026 Stripping still tails from the prod. of methyl
ethyl pyridines
1000
K027 Centrifuge/dist. residues from toluene
diisocyanate prod.
10
K028 Spent catalyst from hydrochlorinator reactor
in prod. of 1,1,1-trichloroethane
1
K029 Waste from product steam stripper in prod.
of 1,1,1-trichloroethane
1
K030 Column bottoms/heavy ends from prod. of
trichloroethylene and perchloroethylene
1
K031 By-product salts generated in the prod. of
MSMA and cacodylic acid
1
K032 Wastewater treatment sludge from the prod.
of chlordane
10
K033 Wastewaster/scrubwater from chlorination
of cyclopentadiene in chlordane prod.
10
K034 Filter solids from filtration of
hexachlorocyclopentadiene in chlordane
prod.
10
K035 Wastewater treatment sludges from the
prod. of creosote
1
K036 Still bottoms from toluene reclamation
distillation in disulfoton prod.
1
K037 Wastewater treatment sludges from the
prod. of disulfoton
1
K038 Wastewater from the washing and stripping
of phorate production
10
K039 Filter cake from filtration of
diethylphosphorodithioic adid in phorate
prod.
10
K040 Wastewater treatment sludge from the prod.
of phorate
10
K041 Wastewater treatment sludge from the prod.
of toxaphene
1
K042 Heavy ends/residues from dist. of
tetrachlorobenzene in 2,4,5-T prod.
10
K043 2,6-Dichlorophenol waste from the prod. of
2,4-D
10
K044 Wastewater treatment sludge from manuf.
and processing of explosives
10
K045 Spent carbon from treatment of wastewater
containing explosives
10
K046 Wastewater sludge from
manuf.,formulating,loading of lead-based
initiating compd
10
K047 Pink/red water from TNT operations 10
K048 Dissolved air flotation (DAF) float from the
petroleum refining industry
10
K049 Slop oil emulsion solids from the petroleum
refining industry
10
K050 Heat exchanger bundle cleaning sludge
from petroleum refining industry
10
K051 API separator sludge from the petroleum
refining industry
10
K052 Tank bottoms (leaded) from the petroleum
refining industry
10
K060 Ammonia still lime sludge from coking
operations
1
K061 Emission control dust/sludge from primary
prod. of steel in electric furnaces
10
K062 Spent pickle liquor generated by steel
finishing (SIC codes 331 and 332)
10
K064 Acid plant blowdown slurry/sludge from
blowdown slurry from primary copper prod.
10
K065 Surface impoundment solids at primary lead
smelting facilities
10
K066 Sludge from treatment of wastewater/acid
plant blowdown from primary zinc prod.
10
K069 Emission control dust/sludge from
secondary lead smelting
10
K071 Brine purification muds from mercury cell
process in chlorine production
1
K073 Chlorinated hydrocarbon waste from
diaphragm cell process in chlorine
production
10
K083 Distillation bottoms from aniline extraction 100
K084 Wastewater sludges from prod. of veterinary
pharm. from arsenic compds.
1
K085 Distillation or fractionation column bottoms
in prod. of chlorobenzenes
10
K086 Wastes/sludges from prod. of inks from
chromium and lead-containing substances
10
K087 Decanter tank tar sludge from coking
operations
100
K088 Spent potliners from primary aluminum
reduction
10
K090 Emission control dust/sludge from
ferrochromiumsilicon prod.
10
K091 Emission control dust/sludge from
ferrochromium prod.
10
K093 Dist. light ends from prod. of phthalic
anhydride by ortho-xylene
5000
K094 Dist. bottoms in prod. of phthalic anhydride
by ortho-xylene
5000
K095 Distillation bottoms in prod. of 1,1,1-
trichloroethane
100
K096 Heavy ends from dist. column in prod. of
1,1,1-trichloroethane
100
K097 Vacuum stripper discharge from the
chlordane chlorinator in prod. of chlordane
1
K098 Untreated process wastewater from the
prod. of toxaphene
1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1492 PROPOSED REGULATIONS
K099 Untreated wastewater from the prod. of 2,4-
D
10
K100 Waste leaching soln from emission control
dust/sludge in secondary lead smelting
10
K101 Dist. tar residue from aniline in prod. of
veterinary pharm. from arsenic compd.
1
K102 Residue from activated carbon in prod. of
veterinary pharm. from arsenic compds.
1
K103 Process residues from aniline extraction
from the prod. of aniline
100
K104 Combined wastewater streams generated
from prod. of nitrobenzene/aniline
10
K105 Aqueous stream from washing in prod. of
chlorobenzenes
10
K106 Wastewater treatment sludge from mercury
cell process in chlorine prod.
1
K107 Column bottoms from separation in prod. of
UDMH from carboxylic acid hydrazides
10
K108 Condensed column overheads and vent gas
from prod. of UDMH from -COOH
hydrazides
10
K109 Spent filter catridges from purif. of UDMH
prod. from carboxylic acid hydrazides
10
K110 Condensed column overheads from
separation in UDMH prod. from -COOH
hydrazides
10
K111 Product washwaters from prod. of
dinitrotoluene via nitration of toluene
10
K112 Reaction by-product water from drying in
toluenediamine prod from dinitrotoluene
10
K113 Condensed liquid light ends from
purification of toluenediamine during its
prod.
10
K114 Vicinals from purification of toluenediamine
during its prod from dinitrotoluene
10
K115 Heavy ends from toluenediamine
purification during prod. from dinitrotoluene
10
K116 Organic condensate from solvent recovery
system in prod. of toluene diisocyanate
10
K117 Wastewater from vent gas scrubber in
ethylene bromide prod by ethene
bromination
1
K118 Spent absorbent solids in purification of
ethylene dibromide in its prod.
1
K123 Process waterwater from the prod. of
ethylenebisdithiocarbamic acid and salts
10
K124 Reactor vent scubber water from prod of
ethylenebisdithiocarbamic acid and salts
10
K125 Filtration/other solids from prod. of
ethylenebisdithiocarbamic acid and salts
10
K126 Dust/sweepings from the prod. of
ethylenebisdithiocarbamic acid and salts
10
K131 Wastewater and spent sulfuric acid from the
prod. of methyl bromide
100
K132 Spent absorbent and wastewater solids
from the prod. of methyl bromide
1000
K136 Still bottoms from ethylene dibromide purif.
in prod. by ethene bromination
1
K141 Process residues from coal tar recovery in
coking
1
K142 Tar storage tank residues from coke prod.
from coal or recovery of coke by-prods
1
K143 Process residues from recovery of light oil in
coking
1
K144 Wastewater residues from light oil refining in
coking
1
K145 Residues from naphthalene collection and
recovery from coke by-products
1
K147 Tar storage tank residues from coal tar
refining in coking
1
K148 Residues from coal tar distillation, including
still bottoms, in coking
1
K149 Distillation bottoms from the prod. of
chlorinated toluenes/benzoyl chlorides
10
K150 Organic residuals from Cl gas and HCl
recovery from chlorinated toluene prod.
10
K151 Wastewater treatment sludge from
production of chlorotoluenes/benzoyl
chlorides
10
K156 Organic waste from production of
carbamates and carbamoyl oximes
1
K157 Wastewaters from production of carbamates
and carbamoyl oximes (not sludges)
1
K158 Bag house dusts & filter/separation solids
from prod of carbamates, carb oximes
1
K159 Organics from treatment of thiocarbamate
waste
1
K160 Solids from production of thiocarbamates
and treatment of thiocarbamate wastes
1
K161 Purif. solids/bag house dust/sweepings from
prod of dithiocarbamate acids/salts
1
K169 Crude oil storage tank sediment from
petroleum operations
10
K170 Clarified slurry oil tank sediment from
petroleum refining operations
1
K171 Spent hydrotreating catayst from petroleum
refining operations.
1
K172 Spent hydrorefining catalyst from petroleum
refining operations.
1
K174 Wastewater treatment sludges from the
production of vinyl chloride or ethylene
dichloride monomer
1
K175 Wastewater treatment sludges from the
production of ethylene dichloride or vinyl
chloride monomer
1
Note: Delaware reportable quantities (DRQs) are based
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
PROPOSED REGULATIONS 1493
upon EPA RCRA waste streams and unlisted hazardous
wastes reportable quantities (RQs) as published in EPA List
of Lists as EPA publication Number: EPA 550-B-01-003.
The term hazardous waste substance includes RCRA
listed and characteristic hazardous wastes. The
establishments of RQs for hazardous waste differs from the
methodology applied to individual hazardous substances, as
the RQ for hazardous waste is based on the results of an
analysis of hazardous constituents in the waste stream.
When the RQ of each hazardous constituent is established,
the lowest RQ of each of these constituents then becomes the
adjusted RQ for the waste stream. In the event there are
constituents in the hazardous waste that are not considered
hazardous substances, a reference RQ is developed for these
constituents in order to assign an appropriate RQ.
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code,
Sections 915(e),(k), (n) and 1920 (7 Del.C.
915(e),(k), (n) and 1920)
SAN# 2003-06
1. Title Of The Regulations:
Tidal Finfish Regulations, Shellfish Regulations.
2. Brief Synopsis Of The Subject, Substance And
Issues:
To create a new Tidal Finfish Regulation 29 and a new
Shellfish Regulation S-76 that establish procedures for
conducting the first lottery and subsequent lotteries of
available commercial gill net permits and authorization for
commercial hook and line permits (Tidal Finfish Regulation
29), and commercial crab dredge, conch pot, and conch
dredge licenses (Shellfish Regulation S-76). It is proposed
that the first lottery for available licenses be held on July 1,
2003 and subsequent lotteries will be held the first working
day in January of each year thereafter, as long as one or more
licenses are available. Participants in the lotteries shall
include current participants in the apprentice program who
have completed the required and properly documented 150
days of commercial fishing activities over no less than a 2-
year period dating from the specific date the applicant signed
up as an apprentice, according to the provisions of
§915(e),(k), and (n); and §1920, 7 Delaware Code. Other
dates suggested for the first and subsequent lotteries will be
considered.
3. Possible Terms Of The Agency Action:
N/A
4. Statutory Basis Or Legal Authority To Act:
7 Del.C. §915(e),(k), and (n); §1920.
5. Other Regulations That May Be Affected By The
Proposal:
N/A
6. Notice Of Public Comment:
Individuals may present their opinions and evidence
and/or request additional information by writing, or calling
or visiting the Fisheries Section, Division of Fish and
Wildlife, 89 Kings Highway, Dover, Delaware 19901,
(302)739-3441. A public hearing on this proposed
amendment and new regulation will be held at the
Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover, DE at 7:30
PM on May 28, 2003. The record will remain open for
written or e-mail comments to roy.miller@state.de.us until
4:30 PM on May 30, 2003
Tidal Finfish Regulation No. 29, License Lotteries For
Apprentices.
The first lottery for available commercial gill net
permits and authorization for commercial hook and line
permits shall be held on July 1, 2003; with subsequent
lotteries to be held annually the first working day in January
of each year, as long as one or more licenses are available.
Participants in the lotteries shall include current participants
in the apprentice program who have completed the required
and properly documented 150 days of commercial fishing
activities over no less than a 2-year period dating from the
specific date the applicant filed their application with the
Department as an apprentice, according to the provisions of
§915(e),(k), and (n), 7 Delaware Code. Other dates
suggested for the first and subsequent lotteries may be
considered."
Shellfish Regulation S-75.
The first lottery for available commercial crab dredge,
conch pot, and conch dredge licenses shall be held on July 1,
2003; with subsequent lotteries to be held annually the first
working day in January of each year, as long as one or more
licenses are available. Participants in the lotteries shall
include current participants in the apprentice program who
have completed the required and properly documented 150
days of commercial fishing activities over no less than a 2-
year period dating from the specific date the applicant filed
their application with the Department as an apprentice,
according to the provisions of §1920, 7 Delaware Code.
Other dates suggested for the first and subsequent lotteries
may be considered."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1494 FINAL REGULATIONS
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text
added at the time of the proposed action. Language which is stricken through indicates text being deleted. [Bracketed Bold
language] indicates text added at the time the final order was issued. [Bracketed stricken through] indicates language
deleted at the time the final order was issued.
Final Regulations
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.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES MANAGEMENT
Statutory Authority: 29 Delaware Code
Section 6962(c) (29 Del.C. §6962(c))
ORDER ADOPTING RULES AND REGULATIONS
AND NOW, this SEVENTH day of APRIL, 2003, in
accordance with 29 Del. C. § 6962(C) and for the reasons
stated hereinafter, the Department of Administrative
Services (hereinafter the "Department") enters this Order
adopting regulations pertaining to the Annual
Prequalification of Contractors and Subcontractors.
I. Nature of the Proceedings
Pursuant to the Department's authority under 29 Del. C.
§ 6962(c) and Subchapter II of Chapter 101 of Title 29 of the
Delaware Code, the Department proposed to enact
regulations to implement the annual prequalification of
contractors and subcontractors. Notice of the public hearing
to consider the proposed regulations for the annual
prequalification of contractors and subcontractors was
published in the Delaware Register of Regulations and two
Delaware newspapers of general circulation, in accordance
with 29 Del.C. § 10115 (Exhibit A). The text of the
proposed amendment is attached as Exhibit B. The public
hearing was held on March 25, 2003 at 10:00 a.m. in Dover,
Delaware, as duly noticed, and members of the Department
were present. Since no comments concerning the proposed
regulations were received prior to the public hearing, and no
comments were made during the meeting, the Department
adopted the proposed regulations for the annual
prequalification of contractors and subcontractors as
proposed. This is the Department's Decision and Order
ADOPTING the Regulations as proposed.
II. Evidence and Information Submitted
The Department received no written comments in
response to the notice of intention to adopt the proposed
regulations for the annual prequalification of contractors and
subcontractors. At the March 25, 2003 hearing, the
Committee received no oral comments.
III. Findings of Fact and Conclusions
The public was given notice of the proposed regulations
for the annual prequalification of contractors and
subcontractors and offered an adequate opportunity to
provide the Department with comments.
The proposed regulations for the annual prequalification
of contractors and subcontractors is required pursuant to
with 29 Del. C. § 6962(C).
The Department concludes that it has statutory authority
to promulgate rules and regulations for the annual
prequalification of contractors and subcontractors pursuant
to 29 Del. C. § 6962(C).
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1495
For the foregoing reasons, the Department concludes
that it is necessary to adopt the proposed amendment to its
Rules and Regulations.
IV. Decision and Order to Adopt Amendments
NOW, THEREFORE, by the decision of the
Department, IT IS ORDERED, that the proposed
regulations for the annual prequalification of contractors and
subcontractors is approved and adopted in the exact text as
set forth in Exhibit B attached hereto. The effective date of
this Order is ten (10) days from the date of its publication in
the Delaware Register of Regulations pursuant to 29 Del. C.
§ 10118(g).
BY ORDER OF THE DEPARTMENT OF
ADMINISTRATIVE SERVICES
Gloria Wernicki Homer, Secretary
*Please note that no changes were made to the regulation
as originally proposed and published in the March 2003
issue of the Register at page 998 (6 DE Reg. 998).
Therefore, the final regulation is not being republished.
Please refer to the March 2003 issue of the Register or
contact the Division of Professional Regulation.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF ELECTRICAL EXAMINERS
24 DE Admin Code 1400
Statutory Authority: 24 Delaware Code,
Sections 1406(a)(1) (24 Del.C. §§1406(a)(1))
ORDER
A public hearing was held to receive comments on April
2, 2003 at the regularly scheduled meeting of the Board of
Electrical Examiners. At the meeting that followed, the
Board considered changes to its rules and regulations that
were published in the Register of Regulations, Vol. 6, Issue
9, March 1, 2003.
Summary Of The Evidence And Information Submitted
No written comments were received. The verbal
comment is summarized below:
1. Robert Smith of First State Inspections commented
on proposed Rule 15.4. He is concerned about the duty
imposed on the agencies to confirm that an applicant for an
inspection was a current Delaware licensee. It is important
that they have the information necessary to comply with the
rule.
Findings Of Fact With Respect To The Evidence And
Information Submitted
1. The Division of Professional Regulation has agreed
to provide a list of the names of the active licensees to all of
the Delaware inspection agencies quarterly. If a person is
licensed during the quarter, an agency can confirm the
license by calling the Division. There is also some
responsibility on the licensee to provide documentation. The
names of the new or re-activated licensees also appear in the
Board meetings.
Decision And Effective Date
The Board of Electrical Examiners hereby adopts to the
Rules and Regulations as proposed to be effective 10 days
following final publication in the Register of Regulations.
Text And Citation
The text of the Rules and Regulations appears in the
Register of Regulations, Vol. 6, Issue 9, March 1, 2003.
BOARD OF ELECTRICAL EXAMINERS
Donald King, President Shirley Good, Secretary
Steven Dignan, Vice President Richard Strouse
Leroy James John W. Gordy
James H. Green Jacob Good
*Please note that no changes were made to the regulation
as originally proposed and published in the March 2003
issue of the Register at page 1004 (6 DE Reg. 1004).
Therefore, the final regulation is not being republished.
Please refer to the March 2003 issue of the Register or
contact the Division of Professional Regulation.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
24 DE Admin. Code 2500
Statutory Authority: 24 Delaware Code,
Section 2509 (24 Del. C. §2509)
ORDER
A public hearing was held to receive comments on
March 12, 2003 at a scheduled meeting of the State Board
of Pharmacy. The Board considered proposed changes to
Regulations 1.0 and 11.0 as published in the Register of
Regulations, Vol. 6, Issue 8, February 1, 2003.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1496 FINAL REGULATIONS
Summary Of The Evidence And Information Submitted
The following is a summary of the written comments:
Patricia L. Maichle, Chairperson of the Governor's
Advisory Counsel for Exceptional Citizens, Jamie Wolfe,
Chairperson of Delaware Developmental Disabilities
Council, and Rita Landgraf, Chairperson of the State
Council for Persons with Disabilities, sent in similar
comments in their letters dated February 24, 25 and 27, 2003
respectively. The commenters had concerns about Rule
11.2.5 restricting handling of prescription drugs to licensed
personnel. They thought it was too restrictive since nonlicensed
individuals may be authorized to assist with
medications under certain circumstances.
Karen Nishi, R.Ph., M.A.S. director of Regulatory
Affairs for Pyxis sent a letter dated March 7, 2003 with her
comments related to Rule 11. She thought the
pharmaceutical services committees of various facilities
would be better able to determine what medications were
contained in emergency or interim boxes and the Rule
should not require board or executive secretary approval.
Suzanne E. Raab-Long, Vice President of Professional
Services of the Delaware Health Care Association sent a
letter dated March 12, 2003 with specific comments and
questions related to Regulation 11. She did not think nurses
should have to maintain a log of non-controlled substances.
She also felt that if authority is delegated to the Executive
Secretary, there should be recourse to the full Board for any
disagreement. She also suggests nurses should not affix
labels to prescription containers with pharmacists initials,
returned medication should be limited to non-controlled
medications in original packaging, the pharmacy should not
be responsible for needle accountability, and stocking of
controlled substances for non-patient specific use should be
allowed in automatic dispensing apparatus.
Pat Carroll-Grant, R.Ph, C.D.E. Director of Pharmacy,
Cardinal Health Care, sent a letter dated March 4, 2003 with
specific recommendations for various sections of the Rules.
Her comments include requests for clarification,
accountability standardizations, and language that would
limit the burden now placed on consultant pharmacists at
long term care facilities.
The following is a summary of the verbal comments:
1. Mark Abrams has been a consultant pharmacist for
over 30 years. He urged the board to follow the federal
model and to evolve from process regulations to outcome
regulations which permit each facility to be more involved in
developing the policy and procedures necessary to insure the
appropriate outcomes for the outpatients. He suggested that
the consultant should be more responsive to the attending
rather than the prescribing physician with concerns about
drug interactions.
2. Pat Carroll-Grant testified in support of the
philosophy of Mark Abrams and offered a list of comments
which she also provided in writing. She thought some of the
terms used were not clear in the regulation. Her
recommendation was that the Board and not the Executive
Secretary should interview consultants in the same way that
it is handled for pharmacists-in-charge in community
pharmacies. She thought the documentation and
accountability should be consistent throughout the Rule and
long term care facilities should be no more regulated than
retail establishments. Some of the accountability
proceedings seem to be redundant. She joined in the
concerns of Mark Abrams and suggested that the duties be
determined in the Regulations and not the specific of how to
accomplish the responsibilities of the consultant pharmacist.
She also mentioned that the language limiting some
activities to interns should be expanded to include students
that are doing rotations in an experienced program from their
school that has been approved by the board.
3. Mary Ann Holzapfel has been a pharmacist for 20
years and is presently a consultant pharmacist at two State
and one private facility. She had specific comments about
various Rules and thought some of the terms were not clear.
She believes that professionals who practice in this area
should be included in the development of Rules and
Regulations.
Findings Of Fact With Respect To The Evidence And
Information Submitted
1. There were no comments related to Regulation 1
but the Board feels that it is incomplete in its present form
and it should be returned for revision to include changes to
1.7.4.
2. The overarching concern of persons commenting
on the draft is the philosophy underlying Regulation 11 and
how the protection of the public should be accomplished
without micro-managing the consultant pharmacist in long
term care facilities. The Board agrees that this needs to be
returned for reconsideration and revision of the entire
Regulation in view of the comments that were made at the
public hearing.
3. The Board wants to be clear that consultants from
long term care facilities were included as part of the
committee that developed draft Regulation 11. The
committee will continue to work on Regulation 11 and
perhaps include other consultant pharmacists who practice in
long term care facilities. The goal for the committee will be
to develop a Regulation that insures proper patient care but
does not so burden the consultant pharmacist that he or she is
unable to participate in the important clinical duties.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1497
Decision
The changes to Regulation 1.0 require substantive
changes relating reciprocal applicants and shall be revised
and republished. The changes to Regulation 11.0 are being
referred back to a committee for a comprehensive revision.
SO ORDERED this 9th day of April, 2003.
STATE BOARD OF PHARMACY
Calvin Freedman, R.Ph., President
Daniel Hauser, Pharm. D.
Yvonne Brown, R.Ph., Vice President
Karen J. Dey, R.Ph.
Jack Murphy, R.Ph.
Carolyn Calio, Public Member
Nancy E. Weldin, Public Member
* PLEASE NOTE: THE PROPOSED CHANGES TO
REGULATIONS 1.0 AND 11.0 ARE BEING WITHDRAWN.
THEREFORE, THEY ARE NOT BEING REPUBLISHED.
DEPARTMENT OF AGRICULTURE
Statutory Authority: 29 Delaware Code,
Sections 4815(b)(3)b.2.D. 29 & 8103 (8)
(29 Del.C. §§ 4815(b)(3)b.2.D.29, 8103 (8))
ORDER
I. Nature Of Proceedings
Pursuant to its authority under 29 Del. C.
§§4815(b)(3)b.2.D and 8103(8), the Department proposed to
amend its regulations concerning the Standardbred Breeders
Fund. The Department's purpose in proposing amendments
is to comply with Delaware Harness Racing commission
rules, to make the program language more specific under
certain racing conditions, to promote fairness, and to allow
the races to be contested within the normal racing card at
Harrington Raceway and Dover Downs.
Notice of the public hearing on the Department's
proposed amendments was published in the Delaware
Register of Regulations for March 1, 2003 as well as in two
Delaware newspapers in general circulation in accordance
with 29 Del. C. §10115. Thereafter, the public hearing was
held as noticed on Friday, April 11, 2003 before the
Department's Secretary, Michael T. Scuse. This is the
Department's Decision and Order adopting the proposed
amended regulations.
II. Evidence Submitted At Public Hearing
The Department received no written comments in
response to the notice of intention to adopt the proposed
amended regulations. A public comment was received at the
April 11, 2003 public hearing from Elizabeth Harris
suggesting that the definition of "breeding season" be
modified so that the end of such season would be July 15 and
not August 1. This proposal was rejected as calling for an
end date to the breeding season inconsistent with Delaware
Harness Racing Commission Regulation 6.2.2 with which it
must be in harmony.
III. Findings And Conclusions
The Public was given the required notice of the
Department's intention to adopt the proposed amended
regulations and was given ample opportunity to provide the
Department with comments opposing the Department's plan.
Thus, the Department concludes that its consideration of the
proposed amended regulations was entirely within its
prerogatives and statutory authority and, having received no
comments opposed to adoption, is now free to do so.
IV. Order
NOW THEREFORE, it is hereby ordered that:
1. The proposed amendments to the Department's
Standardbred Breeders Fund regulations are adopted;
2. The text of the regulations shall be in the form
attached hereto as Exhibit A;
3. The effective date of this Order is ten days from the
date of its publication in the Delaware Register of
Regulations in accordance with 29 Del. C. §10118(e); and
4. The Department reserves unto itself the authority to
issue such other and further orders in this matter as may be
just and proper.
Michael T. Scuse, Secretary
Delaware Department of Agriculture, April 11, 2003
Standardbred Breeder's Fund Regulations
Delaware Standardbred Breeders' Fund Program
1.0 Introduction
1.1 These regulations are authorized pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") for:
(1) Standardbred horses;
(2) bred in a manner prescribed in Section 2.0
herein;
(3) the product of a registered Delaware stallion;
(4) who are registered and whose sire and mare are
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1498 FINAL REGULATIONS
registered with the Delaware Harness Racing Commission
(herein "the Commission") and the Administrator of the
Breeder's Program (herein "the Administrator") as such; and,
(5) listed in their registry books.
Those horses eligible to race under said
Delaware Standardbred Breeder's Program shall be any foal
of any registered Delaware stallion standing at a Delaware
breeding farm and either owned by a resident of the State of
Delaware or owned by a non-resident who holds a lease for a
period of the breeding season and will stand the stallion for
that full season on a Delaware breeding farm. A copy of any
such lease shall be filed with the United States Trotting
Association, the Administrator of the Breeder's Program, and
the Delaware Harness Racing Commission.
1.2 The Board of the Delaware Standardbred Breeder's
Program (herein "the Board") is authorized to do all that is
reasonable and necessary for the proper administration of the
Program and shall prepare, issue and promulgate rules and
regulations providing for:
(1) Classes and divisions of races, eligibility of
horses and owners therefor and purses and bonuses to be
awarded;
(2) Nominating, sustaining and entry fees on
horses and races;
(3) Such temporary programs including eligibility
of horses, breeding, and other matters as may be necessary to
make the Program operable as soon as possible;
(4) Registration and certification of Delaware
stallions, mares bred to such stallions and foals produced
thereby; and,
(5) Such other matters as the board determines to
be necessary and appropriate for the proper administration
and implementation of the Program.
1.3 The funds for the Delaware Standardbred Breeder's
Program pursuant to §4815(b)(3) of Title 29 of the Delaware
Code and any nominating, sustaining and entry fees
provided for herein shall be administered by the Delaware
Department of Agriculture by deposit in a trust account
entitled Delaware Standardbred Breeders' Fund. The Board
of the Delaware Standardbred Breeder's Program shall
approve an annual budget including the payment of purses
and awards, cost of administration, reimbursement of
expenses of members of the Board, promotional expenses,
and any other appropriate expenses. The budget shall be
administered by the Secretary of Agriculture or his designee
in consultation with the Board and in a manner consistent
with the state laws and procedures. A report shall be
prepared and filed annually by the secretary with the
Delaware Harness Racing Commission and the Board of the
Breeder's Program Fund setting forth an itemization of all
deposits to and expenditures from said fund.
1.4 Races for the Program shall be run at each licensed
harness track in the State of Delaware. Said races and purses
and awards awarded therefore shall be pursuant to the rules
and regulations of the Board of the Delaware Standardbred
Breeder's Program hereunder, and the Delaware Harness
Racing Commission.
1.5 The Board of the Delaware Standardbred Breeder's
Program can amend these regulations through a vote of 2/3
majority of the entire board. Changes to the rules of
eligibility for the Delaware Standardbred Breeder's Program
will be effective at the beginning of the next breeding season
and the corresponding racing season.
2.0 Definitions.
The following words and terms, when used in this part
for the purposes of the Delaware Standardbred Breeder's
Fund Program, have the following meanings, unless the
context clearly indicates otherwise:
"Bred" Bred shall refer to any form of
insemination inside the State of Delaware by a Delaware
sire, including insemination using semen transported within
the State of Delaware, provided that such semen is not
frozen or desiccated in any way or at any time. Bred shall
also refer to foals of mares bred outside the State of
Delaware by a Delaware sire through interstate semen
transportation when such semen is not frozen or desiccated
in any way or at any time, provided that owners of mares that
produce foals from Delaware sires eligible for this program
that are bred through interstate semen transportation shall
not be eligible for bonuses paid to owners of mares under the
Delaware Standardbred Breeder's Program set forth in
Section 4 herein. A foal conceived through embryo
transplantation is not eligible for nomination to the Delaware
Standardbred Breeder's Program under any circumstances.
"Breeder" A breeder is the owner of the dam at
the time of breeding through foaling.
"Breeding Season" A breeding season runs from
February 15th to December 31st August 1st of the calendar
year.
"Delaware-bred horse" A Delaware-bred horse is
a standardbred by a Delaware sire and registered with the
Harness Racing Commission and Administrator of the
Breeder's Program, provided that for the purposes of
determining eligibility for race years 2002 and 2003
Delaware-bred horses shall also include any foal of a 100%
wholly owned mare at the time of breeding through foaling
by a Delaware resident registered with the Harness Racing
Commission and Administrator of the Breeder's Program by
August 15th of the yearling year.
"Delaware resident" A Delaware resident is as
defined in §10032 of Title 3 of the Delaware Code.
"Delaware sire" A Delaware sire is a
standardbred stallion that regularly stands for a breeding
season in Delaware, does not compete for purses, and is
registered with the Harness Racing Commission and
Administrator of the Breeder's Program. A Delaware sire
may be: a) owned by a resident of the State of Delaware and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1499
standing the entire breeding season in the State of Delaware;
or b) owned by a resident of a state other than Delaware, but
standing the entire breeding season in Delaware, verified by
a copy of a the lease filed with the Administrator of the
Program and the Harness Racing Commission at the time of
registration for the Program, as provided in section 1.1
above; or c) owned jointly by a resident (or residents) and
non-resident (or non-residents) of Delaware and standing the
entire breeding season in Delaware with the same lease
requirements as in b) above.
"Private Treaty" No stallion participating in the
Delaware Standardbred Breeder's Program may be offered
under private treaty. Each stallion registered in the
Delaware Standardbred Breeder's Program must make public
the maximum possible breeding fee."
Such definitions shall not affect the use of that term by
the Delaware Harness Racing Commission for purposes
other than for the Breeder's Fund Program.
3.0 Eligibility for Delaware-bred races.
To be eligible for races under the Program for race years
2002 and 2003, a horse, which shall be registered with the
Administrator and Commission by August 15th of its
yearling year, shall be: 1) the product of a 100% wholly
owned mare at the time of breeding through foaling by a
Delaware resident, which mare shall be registered with the
Administrator and Commission by August 15, 2000 for the
breeding seasons of 1999 and 2000 and by August 15, 2001
for the breeding season of 2001; and/or, 2) the product of a
Delaware-sire, which sire shall be registered with the
Administrator and Commission by March 1, 2000 for the
breeding seasons of 1999 and 2000 and by August 15, 2001
for the breeding season of 2001.
To be eligible for races under the Program for race year
2004, the horse shall be a Delaware sired 2 year old
registered with the Administrator and Commission by
August 15th of its yearling year or a 3 year old product of a
100% wholly owned mare at the time of breeding through
foaling by a Delaware resident, which mare shall have been
registered with the Administrator and Commission by
August 15, 2000 for the breeding seasons of 1999 and 2000
and by August 15, 2001 for the breeding season of 2001 or a
3 year old product of a Delaware-sire, which sire shall have
been registered with the Administrator and Commission by
March 1, 2000 for the breeding seasons of 1999 and 2000
and by August 15, 2001 for the breeding season of 2001.
To be eligible for races under the Program for race year
2005 and thereafter, the horse shall be a Delaware sired 2 or
3 year old registered with the Administrator and
Commission by August 15th of its yearling year.
4.0 Eligibility of breeders for bonus payments.
Bonus payments of eight percent (8%) of money earned
in the Program by the foals shall be paid to the owner of the
mare at the time of breeding that is bred to Delaware sires to
produce that foal. Bonus payments of two percent (2%) of
money earned in the Program by the foals shall be paid to
owners of stallions standing in Delaware. In order for a
Delaware-bred horse to be eligible to earn an award for its
breeder, in a race conducted by a licensed harness race track
in Delaware, the foals, mares, and stallions shall be
registered in accordance with these regulations with the
Harness Racing Commission and Administrator of the
Breeder's Program prior to entry for the race. In race year
2002, bonus payments shall be restricted to 2 year olds. For
race years 2003 and thereafter, bonus payments shall not
exceed $70,000. In the event such payments would exceed
these limits, owners eligible for bonus payments shall
receive a prorated share of those monies allocated toward the
payment of bonus payments.
5.0 Eligibility of owners of Delaware sires for awards.
In order for a Delaware sire to be eligible to earn an
award for its owner, the sire shall have been registered as a
sire of Delaware with the Harness Racing Commission and
Administrator of the Breeder's Program during each
breeding season when the sire inseminated the dams that, as
a result of that insemination, produced Delaware-breds. To
be eligible for a sire award, it is necessary that the foal
entitling the sire owner to the award be itself registered in
accordance with these regulations.
6.0 Records of registration.
Foals and sires eligible for registration shall be
registered on official registration forms approved by the
Harness Racing Commission and maintained by the
Administrator of the Breeder's Program. The registrar shall
certify thereon the name and address of the owner, breeder,
farm where mare was inseminated, farm on which this horse
was foaled, owner of stallion at time the mare was
inseminated, owner of the mare at the time of breeding,
notice of semen transfer, stallion by which the mare was
inseminated following the birth of the standardbred to be
registered, breeder social security or tax identification
number, United States Trotting Association registration
number, name of foal, color and sex of foal, date of foaling,
sire, dam, sire of the dam, signature of the owner, or breeder
or authorized representative and the date of application. The
registration record shall be maintained at the Administrator
of the Breeder's Program and be open to public inspection
during normal business days and hours at the State
Department of Agriculture. Immediately upon completion
and filing of the form, the Administrator of the Breeder's
Program shall cause a correct copy of it to be filed with the
offices of the State Department of Agriculture.
7.0 Appeals.
A person having an interest in a matter concerning the
registration of a horse in the Breeder's Program shall have
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1500 FINAL REGULATIONS
the right to file objections or exceptions to a registration and
to the facts set forth therein within 30 days of the filing of the
copy of the registration with the Administrator and the
Delaware Harness Racing Commission. The objections or
exceptions shall be filed in writing with the Administrator of
the Breeder's Program and a duplicate delivered to the
Harness Racing Commission within the 30-day time period.
An interested party aggrieved of an action taken by the
Administrator may appeal to the Commission in the manner
prescribed for appeals. The Commission shall hear and
determine an appeal de novo. In the absence of objections or
exceptions timely made, a registration shall be deemed final
and binding and an official record of the Commission at the
expiration of the 30th day of the delivery to the Commission.
The Commission shall thereafter have the right on its own
motion to correct an error or inaccuracy that it may find
within the records.
8.0 Records of expenses.
The Administrator of the Breeder's Program shall
maintain a complete record of reasonable and necessary
expenses and will submit quarterly estimates to the Board
and the Secretary of Agriculture, on the basis of which the
Secretary may disburse advances. The quarterly estimated
statements of expenses and advances shall be reconciled
annually with a certified statement of expenses to be
prepared by an auditor approved in advance by the Board.
The Board may thereafter review them and after approval of
allowable items shall then reimburse the Administrator of
the Breeder's Program for expenses the Board finds
reasonable and appropriate to this program. If advances on
account of expenses exceed actual expenses as approved at
the end of a given year, the excess shall be deemed disbursed
on account of the ensuing year's expenses.
9.0 Purses and Bonus Awards
9.1 A purse or bonus awarded under this section shall
be in accordance with the standards for purses at each racing
meet as approved by order of the Commission. The racing
association shall maintain a separate ledger of such purses
and bonuses and shall transmit a certified copy of
allowances, bonus payments, and purses made no later than
the 10th day of each month of the meet to the Commission.
After the Commission has reviewed and approved them, it
shall reimburse the racing association for the advances made
which the Commission finds proper.
9.2 Administrator of the Breeder's Program shall
compile awards earned by breeders and owners of Delaware
sires and maintain a separate ledger of them. A certified
report of awards earned shall be forwarded to the
Commission on a monthly basis during the racing season.
The list of awards will be forwarded to Administrator of the
Breeder's Program who shall ensure payment to the
awardees, subject to approval by the Commission.
9.3 A person interested in the awards, allowances,
prizes and purses and objecting to calculations or
determinations thereof as shown on the records of the
Administrator of the Breeder's Program and the Harness
Racing Commission shall be responsible for taking written
appeals to the Commission in the manner provided for
appeals from decisions of the Administrator pertaining to
registrations.
9.4 The Board will have the right to review and
approve fees and charges imposed by the Administrator of
the Breeder's Program. The charge or fee may not be
imposed without prior approval by the Board.
9.5 Records, funds and accounts of funds, prizes,
purses, allowances and awards under this program shall be
maintained separate from other records, funds and accounts
and may not become co-mingled with other matters. The
records, funds and accounts shall be kept continuously open
for inspection by the Administrator of the Breeder's
Program.
10.0 Responsibilities-Owners or lessees of
standardbred stallions and mares
10.1 An owner or lessee of a standardbred stallion
who desires to use him for breeding purposes and to have
him qualify for the Delaware Standardbred Breeders' Fund
Program, shall register the stallion by December 1st of the
approaching breeding season with the Delaware Harness
Racing Commission and the Administrator of the Breeder's
Program or by January 1st of the approaching breeding
season with an additional supplemental fee equal to the
standard registration fee. For breeding season 1999 and
2000, an owner or lessee of a standardbred stallion who
desires to use him for breeding purposes and to have him
qualify for the Delaware Standardbred Breeders' Fund
Program, shall register the stallion by March 1, 2000. Unless
the stallion is contracted to stand at stud in the southern
hemisphere, the stallion shall stand in the State of Delaware
for the remainder of the breeding season. If a stallion is
contracted to stand at stud in the southern hemisphere, a
copy of said contract must be provided to the Administrator
of the Program and the Harness Racing Commission at the
time of application for eligibility in the Program or, in the
event the contract is entered into at a subsequent date, within
ten days of entering into the contract. A virgin standardbred
stallion entering stud for the first time shall be registered
prior to his first breeding and shall stand in the State of
Delaware the remainder of the breeding season, unless he is
contracted to stand at stud in the southern hemisphere. A
stallion shall be registered on an application for standardbred
stallion certificate for eligibility established by the
Administrator of the Breeder's Program in consultation with
the Harness Racing Commission.
10.2 An owner or lessee of a stallion eligible for the
Delaware Standardbred Breeders' Fund Program shall
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1501
designate a resident of Delaware as the authorized agent
who shall be responsible for the registrations and records of
the farm; and complying with the requirements of the
Delaware Standardbred Breeders' Fund Program. The
"Authorized Agent" form shall be filed with the stallion
registration.
10.3 In order for foals of 100% wholly owned mares
at the time of breeding through foaling by a Delaware
resident to be eligible for races under the Program for race
years 2002 and 2003, said mares shall be registered with the
Administrator and Commission by August 15, 2000 for the
breeding seasons of 1999 and 2000. No fee shall be charged
for registering said mare.
11.0 Sire Registration Fees
11.1 Sires shall initially register for the Delaware
Standardbred Breeder's Program no later than December 1st
of the approaching breeding season, or no later than January
1st with an additional supplemental registration fee equal to
the regular registration fee. For sires registering in breeding
season 2000, sires shall initially register for the Delaware
Standardbred Breeder's Program no later than March 1,
2000.
11.2 All fees must accompany this registration and
must be submitted by registered or certified mail.
11.3 Registration fees for the Delaware
Standardbred Breeder's Program are non-refundable.
11.4 Sire registration fee for a stallion shall be
$500.00. Sire registration for those sires standing in the State
of Delaware and registering for breeding seasons prior to
2001 in accordance with these regulations shall be charged a
single fee of $250.00.
11.5 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program.
11.6 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program. An owner of a
standardbred stallion registered with the Administrator and
Commission shall submit by December 1st of each year the
stallion registration fee, or January 1st with the supplemental
fee provided in section 10 above and a report for each
stallion that states each mare bred by said stallion during the
preceding twelve (12) months. For breeding seasons prior to
breeding season 2001, an owner of a standardbred stallion
registered with the Administrator and Commission shall
submit by March 1, 2000 the stallion registration fee of $250
and any other documentation required by the Administrator
and Commission to verify where the stallion stood during the
period for which the stallion or its progeny seek to register.
12.0 Sire Renewal Fees
12.1 The registration of a stallion that remains in the
state for more than one (1) breeding season shall be renewed
annually.
12.2 The annual renewal fee for registration of
stallions to the Delaware Standardbred Breeders' Fund
Program shall be $500.
12.3 The annual stallion registration fee may be
used to offset reasonable expenses related to administering
and promoting the Delaware Standardbred Breeder's
Program. Any fees beyond reasonable expenses shall be
invested in the endowment account of the Delaware
Standardbred Breeder's Program. An owner of a
standardbred stallion registered with the Administrator and
Commission shall submit by December 1st of each year the
stallion registration fee and a report for each stallion that
states each mare bred by said stallion during the preceding
twelve (12) months.
13.0 Penalties and Suspension from the Program
13.1 If an owner or a lessee of a registered stallion
fails to furnish information the Administrator of the
Breeder's Program has requested relating to the registration
or renewal of registration of a horse, the Administrator of the
Breeder's Program shall:
(a) Suspend or deny the registration of the stallion;
and
(b) Schedule a hearing within thirty days of the
denial or suspension.
After the hearing, the Administrator of the
Breeder's Program shall determine within ten working days
whether the failure to furnish information was willful; and:
(a) Suspend the registration; or
(b) Rescind its suspension of the registration; or
(c) Deny or revoke the registration; or
(d) 1. Deny or revoke the registration; and
2. Bar from further registration, horses
owned by the person who executed the application
containing false or misleading information.
If the Administrator of the Breeder's
Program determines that a registration is incorrect, or an
application for registration, renewal of registration, or
transfer of a registered stallion contains false or misleading
information, the Administrator shall:
(a) Suspend or deny the registration of the stallion;
and
(b) Summon the person who executed the
application, and any person who has knowledge relating to
the application, to appear before the Administrator at a
hearing;
After the hearing, the Administrator of the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1502 FINAL REGULATIONS
Breeder's Program shall determine within ten working days
whether the person knew or had reason to know that the
information was false or misleading, and:
(a) Rescind its suspension or denial of the
registration; or
(b) Suspend, deny, or revoke the registration; or
(c) 1. Deny or revoke the registration; and
2. Bar from further registration, horses
owned by the person who executed the application
containing false or misleading information.
If a person summoned by the Administrator of
the Breeder's Program fails to respond to the summons
within ten working days, the Administrator of the Breeder's
Program:
(a) Shall suspend or deny the registration of the
stallion;
(b) Notify the person in writing of the action taken
by the Commission; and
(c) May:
1. Deny or revoke the registration; and
2. Bar from further registration, horses
owned by the person who executed the application
containing false or misleading information.
13.2 Appeals
Appeals of decisions to deny or suspend
registrations by the Administrator of the Breeder's Program
may be appealed to the Delaware Harness Racing
Commission within thirty days of the action by the
Administrator of the Breeder's Program, subject to the same
rules and procedures for handling appeals established for the
Delaware Harness Racing Commission.
14.0 Races
14.1 The purses for all races, including walkovers,
under this Breeder's Program shall be distributed on the
following percentage basis: 50-25-12-8-5. Points to qualify
for the finals shall be distributed on the same percentage
basis. In fields with more than five horses, places six
through nine shall receive 4-3-2-1 points, respectively.
14.2 In the case of dead heats, points for the two
positions shall be divided equally among those horses
finishing in a dead heat. For example, if two horses finish in
a dead heat for second, those horses would divide 25 plus 12
points to receive 18.5 percent of the purse or 18.5 qualifying
points each.In the case of a tie in points, the fastest time in
either elimination shall determine the horse eligible to enter
the final. In the case of horses tied in points that have
recorded identical times, the amount of the horses' lifetime
earnings will decide the horse eligible to enter the final. In
the case where points, times, and lifetime earnings are equal,
the eligible horse shall be drawn by lot.
14.3 The percentage basis established by subsection
(1) of this section shall apply at each of the associations
licensed by the Delaware Harness Racing Commission.
14.4 If circumstances prevent the racing of an event,
and the race is not drawn, all stake payments shall be
refunded to the purse account of the Delaware Standardbred
Breeder's Fund Program.
14.4 The monies provided for purses and bonus
payments shall be distributed evenly between the races of
each:
1. Age;
2. Sex; and
3. Gait.
The minimum purses for elimination races for
both pacers and trotters shall be $5,000. The minimum
purses for finals shall be $30,000. The Board of the
Delaware Standardbred Breeder's Program, pursuant to a
recommendation from the Administrator of the Program,
may agree to increase purses should funds and other
conditions permit.
14.5 No horse is eligible to declare unless it has at
least one charted satisfactory performance line within 30
days of declaration and must meet the following qualifying
standards:
2 Year Olds 3 Year Olds
Pacers Trotters Pacers Trotter
2:10 2:14 2:06 2:12
Horses that meet the qualifying standards for a
preliminary leg at each racetrack are qualified for all
subsequent legs and the final at that racetrack.For all
eliminations and finals, all horses must have their nose on
the gate.
14.6 The Administrator of the Delaware
Standardbred Breeder's Fund Program shall be responsible
for races conducted under the Delaware Standardbred
Breeder's Fund Program and shall ensure that:
(a) each track declares the time specified for races
under this program by proper notice and racing dates are
issued for sires stakes after the track's race dates are set.
(b) entry for races run under the Delaware
Standardbred Breeder's Fund Program is required to be
received by the Racing Office by noon three days in advance
of the scheduled race date in a box designated for this
purpose. at the date and time specified on the track condition
sheet.
(c) The Eligibility and class of all horses running in
races is carefully screened.
(d) The Administrator, or his/her designee, is
present for the judges' draw for all races conducted under the
Delaware Standardbred Breeder's Fund Program
15.0 Nominations and Sustaining Payments.
15.1 Nomination and sustaining payments shall be
made to the Delaware Standardbred Breeder's Fund in U.S.
funds.
15.2 A fee payment required by this section shall be
postmarked no later than the due date that is specified for the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1503
fee by this section.
15.3 Beginning with the yearlings of 2001, the
yearling nomination fee shall be:
(a) Forty (40) dollars each; and
(b) Due by August 15 May 15th of the yearling
year.
15.4 A nomination shall be accompanied by a
photocopy of the United States Trotting Association
registration certificate. Supplemental fees of $25 shall be
assessed if the USTA registration certificate does not
accompany the nomination. No nomination shall be
accepted where a USTA registration certificate is not
obtained and submitted within 60 days of nomination to the
Delaware Standardbred Breeder's Program.
15.5 If the August 15 deadline to nominate a
yearling is missed, a late supplemental payment of $350
shall be required. The late supplemental payment shall be
accepted if a) it is received by April 1 of the two (2) year old
year; and b) the two (2) year old March 15th payment has
been made.
15.7 Sustaining payments shall be as follows:
(a) TWO (2) YEAR OLD PAYMENTS
March 15th$100
May 15th$200
Declaration Fee (for each track)$500
March 15th payment must be made to ensure
eligibility as a three (3) year old.
(c) THREE (3) YEAR OLD PAYMENTS
March 15$300
Declaration Fee (for each track)$500
16.0 Investment Plan and Use of Fees
16.1 All proceeds received pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") and
any interest earned on these monies shall be invested in an
endowment account until race year 2002.
16.2 For race year 2002, five hundred thousand
dollars ($500,000) of the proceeds received pursuant to
§4815(b)(3)b.2.D. of Title 29 of the Delaware Code, which
established in the State of Delaware a Delaware
Standardbred Breeder's Program (herein "the Program") and
any interest earned on that money in the preceding twelve
(12) months shall be deposited in a separate purse account
for purses and bonus for that race year. For race year 2002,
one million five hundred thousand dollars ($1,500,000) of
the proceeds received pursuant to §4815(b)(3)b.2.D. of Title
29 of the Delaware Code, which established in the State of
Delaware a Delaware Standardbred Breeder's Program
(herein "the Program") shall be deposited in the endowment
account.
16.3 For race year 2003 and each race year
thereafter, one million dollars ($1,000,000) of the proceeds
received pursuant to §4815(b)(3)b.2.D. of Title 29 of the
Delaware Code, which established in the State of Delaware a
Delaware Standardbred Breeder's Program (herein "the
Program") and any interest earned on that money in the
preceding twelve (12) months shall be deposited in a
separate purse account for purses and bonus for that race
year. Beginning January 1, 2003 and for each race year
thereafter, one million dollars ($1,000,000) of the proceeds
received pursuant to §4815(b)(3)b.2.D. of Title 29 of the
Delaware Code, which established in the State of Delaware a
Delaware Standardbred Breeder's Program (herein "the
Program") shall be deposited in the endowment account.
16.4 Any monies from the purse account for the
Delaware Standardbred Breeder's Fund Program at the end
of the race year shall revert to the endowment account of the
Delaware Standardbred Breeder's Fund Program.
See 5 DE Reg. 1274 (12/1/01)
DEPARTMENT OF EDUCATION
14 DE. Admin. Code. 830
Statutory Authority: 14 Delaware Code, Section
122(d) (14 Del.C. §122(d))
REGULATORY IMPLEMENTING ORDER
I. Summary Of The Evidence And Information
Submitted
The Secretary of Education intends to repeal the
regulation 830 Students with HIV Infection because 1.0 and
2.0 of the regulation are covered in existing state and federal
law and 3.0 and 4.0 are technical assistance statements. The
rights of students with HIV infection are covered by existing
state and federal laws.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March 3,
2003, in the form hereto attached as Exhibit A. Comments
were received from the State Council for Persons with
Disabilities and from the Governor's Advisory Council for
Exceptional Citizens supporting the repeal of this regulation.
II. Findings of Facts
The Secretary finds that it is appropriate to repeal this
regulation because rights of students with HIV infection are
covered by existing state and federal laws.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to repeal the regulation. Therefore, pursuant
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1504 FINAL REGULATIONS
to 14 Del. C. §122, the regulation attached hereto as Exhibit
"B" is hereby repealed.
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 removed from 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 April 11, 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 11th day of April 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
830 Students with HIV Infection
1.0 A student enrolled or entering a Delaware public
school/program, or in an adult or apprenticeship program,
with HIV infection shall be permitted to attend school unless
the student, in the opinion of his/her physician, is at risk
from communicable diseases (e.g., measles, chicken pox)
present in the school or has other medically related
problems.
2.0 A student entitled to a free public education
pursuant to 14 Del.C. Ch. 2 and Ch. 31, with HIV infection
who is removed for reasons stated in 1.0, shall be provided
with an appropriate alternative education according to
already established procedures.
3.0 Dissemination of the knowledge that a student has
HIV infection is subject to State and Federal privacy laws
and regulations.
4.0 Routine and standard procedures, etc. universal
precautions, for handling all body fluids shall be utilized in
every school and program.
REGULATORY IMPLEMENTING ORDER
877 Smoking
I. Summary of the Evidence and Information Submitted
The Secretary of Education intends to amend regulation
877 Smoking by changing the name of the regulation to
Tobacco Policy and adding additional Sections that reflect
16 DEL.C Chapter 29 The Clean Indoor Air Act and
guidelines recommended by the Center for Disease Control.
The amended regulation expands the scope of the ban on the
use and distribution of tobacco products.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March 3,
2003, in the form hereto attached as Exhibit A. Comments
were received from the State Council for Persons with
Disabilities and from the Governors Advisory Council for
Exceptional Citizens supporting the amendments to the
regulation. Both groups did express some concern that the
regulation may be "too sweeping". It is the Department's
intent to eliminate tobacco use at all school sponsored
functions regardless of location (inside or outside). It is vital
that all tobacco use be banned on school property by all
individuals.
A comment was also received from a school
transportation supervisor about clarity of purpose in 1.1 and
a phrase was added to indicate that even when buildings,
grounds and school-leased or owned vehicles are used for
other than student purposes no use or distribution of tobacco
products may occur.
II. Findings of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to reflect 16 DEL.C Chapter 29 The
Clean Indoor Air Act and the guidelines recommended by
the Center for Disease Control.
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. §122, 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 SectionV. 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 § 877 in the
Regulations of the Department of Education.
V. Effective Date of Order
The actions herein above referred to were taken by the
Secretary pursuant to 14 Del. C.§122 on April 11, 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.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1505
IT IS SO ORDERED the 11th day of April 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
877 Tobacco Policy
1.0 In order to improve the health of students and school
personnel, each school district and charter school in
Delaware shall have a policy which at a minimum:
1.1 Prohibits the use of or distribution of tobacco
products in school buildings, on school grounds, in schoolleased
or owned vehicles [,even when they are not used for
student purposes,] and at all school affiliated functions.
1.2 Includes procedures for communicating the policy
to students, school staff, parents/guardians/Caregivers,
families, visitors and the community at large.
1.3 Makes provisions for or refers individuals to
voluntary cessation education and support programs that
address the physical and social issues associated with
nicotine addiction.
2.0 The tobacco policy shall apply to:
2.1 Any building, property or vehicle leased, owned or
operated by a school district, charter school or assigned
contractor.
2.1.1School bus operators under contract shall be
considered staff for the purpose of this policy.
2.2 Any private building or other property including
automobiles or other vehicles used for school activities when
students and staff are present.
2.3 Any non-educational groups utilizing school
buildings or other educational assets.
2.4 Any individual or a volunteer who supervises
students off school grounds.
3.0 No school or school district property may be used for
the advertising of any tobacco product.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Statutory Authority: 16 Delaware Code
Section 3006A (16 Del.C. §3006A)
ORDER
Regulations for Training and Certification for Nursing
Assistants and Certified Nursing Assistants
Nature of the Proceedings:
The Department of Health and Social Services, Division
of Long Term Care Residents Protection (DLTCRP)
initiated proceedings in accordance with 29 Delaware Code,
Chapter 101 to amend the Regulations for Training and
Qualifications for Nursing Assistants and Certified Nursing
Assistants. On February 1, 2003, DLTCRP published
proposed regulations in the Register of Regulations and
received written comments in conjunction with public
DLTCRP reviewed and evaluated all the comments. As
a result of that evaluation, the accompanying proposed
regulations are being promulgated as final regulations.
Three proposed regulations, 69.209, 69.210 and 69.211 are
not being promulgated as final regulations, but will be the
subject of a further public hearing to be scheduled at a later
date. The evaluation of those comments pertaining to the
regulations being published as final regulations is in the
accompanying Summary of Evidence.
Findings of Fact:
The Department of Health and Social Services finds that
the proposed regulations, as set forth in the attached copy,
should be adopted as final regulations. Therefore, it is
ordered that the proposed Regulations for Training and
Qualifications for Nursing Assistants and Certified Nursing
Assistants are promulgated effective May 10, 2003.
Vincent P. Meconi, Secretary, April 15, 2003
Summary of Evidence:
Comments on the proposed regulations have been
received and evaluated as follows:
One comment expressed the view that Regulation
69.208 is a provider issue and should be addressed in nursing
home regulations. That regulation relates directly to a
section of the statute authorizing these regulations; and,
therefore, is appropriately included in these regulations. In
any event, while the number of that regulation is changed in
the amended regulations, the text of the regulation remains
as it appears in the previously adopted regulations.
Another comment expressed agreement with the
proposed regulations, specifically Regulations 69.205,
69.206 and 69.207. Discussion about other aspects of CNA
training took place at both public hearings, but those
comments are not included in this summary of evidence
because they did not pertain to the proposed regulations.
*Please note that no changes were made to the regulation
as originally proposed and published in the February
2003 issue of the Register at page 925 (6 DE Reg. 925).
Therefore, the final regulation is not being republished.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1506 FINAL REGULATIONS
Please refer to the February 2003 issue of the Register or
contact the Division of Long Term Care Residents
Protection.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
ORDER
Transitional Medicaid Program
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services / Medicaid/Medical Assistance
Programs initiated proceedings to implement changes to the
Division of Social Services Manual (DSSM) regarding the
Transitional Medicaid Program. The Department's
proceedings to amend its regulations were initiated pursuant
to 29 Delaware Code Section 10114 and its authority as
prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed
regulation changes pursuant to 29 Delaware Code Section
10115 in the March 2003 Delaware Register of Regulations,
requiring written materials and suggestions from the public
concerning the proposed regulations to be produced by
March 31, 2003 at which time the Department would receive
information, factual evidence and public comment to the
said proposed changes to the regulations.
Summary of Proposed Change: Transitional Medicaid
Program
To ensure Federal Financial Participation (FFP) back to
October 2002, a state plan amendment was submitted to the
Centers for Medicare and Medicaid Services (CMS), on
November 22, 2002, to continue Transitional Medicaid using
the authority at Section 1931(d) of the Social Security Act.
Section 1931(d) allows states to continue IV-A waivers if the
waiver affects Medicaid eligibility even after the date the
waiver would otherwise expire. CMS has rejected the plan
amendment language because upon their determination only
certain IV-A items can continue. As such, the language in
the state plan was changed to indicate that DSS is using the
authority at Section 1931(b)(2)(C) instead of Section
1931(d) to continue the IV-A waivers. To ensure
compatibility with the plan amendment, the rules in the
Division of Social Services Manual must change.
Summary Of Comments Received With Agency
Response
The Delaware Developmental Disabilities Council
(DDDC), the Governor's Advisory Council for Exceptional
Citizens (GACEC) and the State Council for Persons with
Disabilities (SCPD) offered the following comments:
DDDC, GACEC and SCPD endorse the concept of
extending transitional Medicaid. However, it is unclear if
DSS enjoys any discretion to extend the time period to 24
months for all families (both qualifying pre and post October
1, 2002). To the extent DSS has discretion, DDDS and
SCPD prefer extending the time period to 24 months for all
families.
DSS Response: Thank you for your endorsement. The
commenters' preference to extend the time period is noted.
Ultimately, however, the Department will make that
determination using strategies that complies with necessary
cost containment.
Findings Of Fact:
The Department finds that the proposed changes as set
forth in the March 2003 Register of Regulations should be
adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the Medicaid/Medical Assistance Programs
related to the Transitional Medicaid Program be adopted and
shall be final effective May 10, 2003.
Vincent P. Meconi, Secretary, DHSS, April 15, 2003
DSS FINAL ORDER REGULATIONS #03 - 12
REVISIONS:
15120.2 Financial Eligibility
TANF rules on income standards and methodologies
(disregards, exclusions, allocations) apply to Section 1931
Medicaid except as provided in this section.
For Section 1931 Medicaid, there are two income tests
to determine financial eligibility. The first test is a gross
income test and the second is a net income test. For the
gross income test, compare the family's gross income to
185% of the applicable standard of need. For the net income
test, compare the family's net income to the applicable
standard of need.
Financial eligibility for both applicant and recipient
families will be calculated using the 30 and 1/3 disregard if
applicable. This disregard allows the deduction of $30 plus
1/3 of the remaining earned income after the standard
allowance for work connected expenses is subtracted.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1507
The $30 plus 1/3 disregard is applied to earned income
for four (4) consecutive months. If Medicaid under Section
1931 or employment ends before the fourth month, the
earner is eligible for the disregard for four (4) additional
months upon reapplication or re-employment.
When an earner's wages are so low ($90 or less in the
month) that the income is zero before any part of the $30
plus 1/3 disregard can be applied, that month does not count
as one of the four (4) consecutive months and the earner is
eligible for the disregard for four (4) additional months.
After the $30 plus 1/3 disregard has been applied for
four (4) consecutive months, the 1/3 disregard is removed
from the budget. The $30 disregard continues to be
deducted from earned income for eight (8) consecutive
months. The $30 disregard is not repeated if an individual
stops working or 1931 Medicaid ends before the completion
of the eight (8) consecutive months. If 1931 Medicaid ends
and the family reapplies, the $30 disregard from earned
income is continued until the end of the original eight (8)
consecutive months.
Unlike the $30 plus 1/3 disregard which is dependent
upon the family having sufficient earned income and being
1931 Medicaid recipients, the $30 disregard is for a specific
time period. This time period begins when the $30 plus 1/3
disregard ends and is not dependent upon the family having
earned income or 1931 Medicaid.
When an earner has received the $30 and 1/3 disregard
in four (4) consecutive months and the $30 deduction has
been available for eight (8) consecutive additional months,
neither disregard can be applied to earned income until the
individual has not received the 30 and 1/3 disregard for
twelve (12) consecutive months.
All earned income is disregarded for the second and
third months of eligibility.
All earned income is disregarded for recipients for 12
months after employment causes ineligibility.
Any diversion assistance provided does not count as
income.
Resources are not counted for Medicaid under Section
1931.
15200 Transitional Medicaid
The Family Support Act of 1988, PL 100-485,
mandated that effective April 1, 1990, states provide health
care coverage known as Transitional Medical Assistance for
up to twelve months for families who become ineligible for
AFDC due to increased earnings, increased hours of
employment, or loss of earned income disregards.
The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), P.L. 104-193,
repealed the AFDC program and replaced it with a program
of block grants to states for Temporary Assistance for Needy
Families (TANF). Delaware implemented its TANF
program, Delaware's A Better Chance Welfare Reform
Program (DABC), on March 10, 1997.
Prior to PRWORA, a family's eligibility for
Transitional Medicaid was linked to receipt of AFDC.
Under PRWORA, a family's eligibility for transitional
Medicaid is linked to receipt of Medicaid under Section
15120, "Low Income Families with Children under Section
1931".
The eligibility group described in "Low Income
Families with Children under Section 1931", will be
referred to as "receiving Medicaid under Section 1931"
throughout this section.
Delaware's welfare reform waiver, "Delaware's A
Better Chance Welfare Reform Program" (DABC) includes
included a modification to the length of the Transitional
Medicaid period. The DABC waiver extends extended
Transitional Medicaid benefits for up to 24 months. This
waiver expires expired on September 30, 2002. DSS will
use the option under Section 1931(d) of the Social Security
Act to continue the 24-month Transitional Medicaid
extension. DSS will use the option under Section
1931(b)(2)(C) of the Social Security Act to disregard all
earned income for 12 months after employment causes
ineligibility for a family under Section 1931. (See DSSM
15120.2.) Effective October 1, 2002, Transitional Medicaid
coverage extends for up to one year. The year is divided into
two periods of six months each. Families who establish
eligibility for Transitional Medicaid prior to October 1,
2002, may be eligible for up to 24 months of Transitional
Medicaid. Families who establish eligibility for Transitional
Medicaid on or after October 1, 2002 may be eligible for up
to 12 months of Transitional Medicaid.
Families must meet the initial eligibility requirements
described in this section to receive the first 12 six months of
coverage. Families can be eligible when their income
exceeds either 185% of the standard of need or the standard
of need.
To continue to receive Medicaid for the second 12 six
months, the family's gross earned income less dependent
care costs must be at or below 185% FPL. Dependent care
costs are for the care of dependent children or incapacitated
persons living in the home. Family income will be budgeted
prospectively.
15200.1 Initial Eligibility for First Six Months
At the time a family becomes ineligible for
Medicaid under Section 1931 determine whether the family
meets the following three requirements.
(Break in continuity of sections)
15200.4 First Month Of Transitional Medicaid
Transitional Medicaid begins with the month
of ineligibility for Medicaid under Section 1931 due to an
increase in earned income or loss of earned income
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1508 FINAL REGULATIONS
disregards. The month of ineligibility for Medicaid under
Section 1931 is the month in which the family's income
exceeds either 185% of the standard of need or the standard
of need.
Someone who is not timely in reporting the
start of employment or increased wages could have their
family's transitional benefits reduced so that they only
receive the 24 12 months of transitional coverage from when
they should have been closed. But, we will not totally
disqualify a family.
15200.5 Eligibility During First 12-Six Month Period
The family will receive Transitional Medicaid
without any reapplication for the first 12 six months. The
family must be notified when they lose eligibility for
Medicaid under Section 1931 that they are eligible for
Transitional Medicaid and the reasons why the benefits
could be terminated. DCIS will automatically notify
Transitional Medicaid families and issue cards for the family
members. The notice will include information about
termination of benefits.
15200.5.1 Child Living in the Home
To continue to receive Medicaid
throughout the first 12- six-month period the following
conditions must be met in addition to the initial eligibility
requirements:
• there is a child living in the home.
The rules of Medicaid under Section
1931 are used to determine if a child is living in the home.
When it is determined that a family no longer has a child
living in the home, the family is no longer eligible under this
program. The case must be reviewed to determine if the
family members are eligible for Medicaid under another
program.
15200.6 Eligibility During Second 12- Six Month
Period
A redetermination of eligibility must be completed at
the end of the first 12-month period.
To continue to receive Medicaid during the second 12-
six-month period, the conditions listed in 15200.6.1,
15600.6.2 and 15600.6.3 must be met in addition to the
initial eligibility requirements.
15200.6.1 Child Living in the Home
To continue to receive Medicaid
throughout the second 12- six-month period there must be a
child living in the home.
The rules of Medicaid under Section
1931 are used to determine if a child is living in the home.
When it is determined that a family no longer has a child
living in the home, the family is no longer eligible under this
program. The case must be reviewed to determine if the
family members are eligible for Medicaid under another
program.
15200.6.2 Employment of Caretaker Relative
To continue to receive Medicaid
throughout the second 12- six-month period a caretaker
relative must be employed during each month unless good
cause exists.
15200.6.3 Limit on Gross Monthly Earnings
The family's gross monthly earnings
(less the monthly costs of necessary dependent care) are at or
below 185% of the Federal Poverty Level (FPL) and
continue to be at or below 185% FPL throughout the second
12- six month period. The FPL is effective each July for
Transitional Medicaid.
There are no limits on necessary
dependent care costs. Prospective budgeting is used to
determine family income. Do not add unearned income to
earned income. Count the earned income of all family
members living in the home who were members of the
family unit the month the family became ineligible for
Medicaid under Section 1931 and any individual who would
be included in the caretaker relative's assistance unit if the
family were now applying for Medicaid under Section 1931.
Exception: Do not count the earned
income of a dependent child, regardless of student status.
15200.7 24- 12-Month Period of Eligibility
A family gets 24 12 months of Transitional
Medicaid from the month of ineligibility for Medicaid under
Section 1931, even if they become eligible again for
Medicaid under Section 1931. The clock on the 2412-
month period does not stop running when eligibility for
Medicaid under Section 1931 is reestablished. The 24 12
months of Transitional Medicaid run concurrently with
months of eligibility for Medicaid under Section 1931.
If the family again loses eligibility for
Medicaid under Section 1931 for non-work reasons, the
transitional benefit period is unaffected. If the family is
terminated again for earned income reasons, a new
transitional period may begin.
15200.8 Termination of Eligibility
Eligibility for Transitional Medicaid may be
terminated in either the first or second 12- six month period
for the reasons described below.
15200.8.1 First 12- Six Month Period
Eligibility for Transitional Medicaid
will be terminated during the first 12- six month period if the
family no longer has a child living in the home. Use the
definition for child as defined under Section 1931 Medicaid.
A child is under age 18 or is under age 19 and who is still a
full-time student in high school, GED, or equivalent program
and will graduate prior to his or her 19th birthday.
Emancipated minors are considered adults.
Eligibility will also be terminated if
the family is found to have received Medicaid under Section
1931 "fraudulently" in the preceding six months. Fraud is
defined at the end of this section.
15200.8.2 Second 12- Six-Month Period
Eligibility for Transitional Medicaid
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1509
will be terminated if:
• the family no longer has a child living
in the home
• the caretaker relative is no longer
employed and good cause does not apply
• the family's monthly gross earned
income minus dependent care costs exceeds 185% FPL.
We must explore eligibility for any
other Medicaid program before Transitional Medicaid is
terminated.
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Statutory Authority: 29 Delaware Code,
Section 8503(7) (29 Del.C. §8503(7))
ORDER
Nature of the Proceedings
1. Pursuant to notice in accordance with 29 Del. C. §
10115, the Department of Labor proposed and published
Clean Indoor Air Act Regulations in the Delaware Register
of Regulations on March 1, 2003. A copy of the published
proposed Regulations and Notice of Public Hearing is
attached as Exhibit "A".
2. Pursuant to the Notice referenced above, a public
hearing was held at 9:00 a.m. on Monday, March 24, 2003,
in the Delaware Department of Public Safety Building,
Division of Motor Vehicles 2nd Floor Conference Room,
303 Transportation Circle, Dover, Delaware.
3. As designated by the Secretary of Labor, Harold E.
Stafford, Susan S. Anders, Administrator of the Office of
Labor Law Enforcement, was present to receive testimony
and evidence at the 9:00 a.m. March 24, 2003 hearing in
Dover, Delaware. Ms. Anders stated that the public record
would be held open following the hearing, until March 31, to
receive further written submissions.
Summary of the Evidence
4. There was no testimony offered at the hearing nor
were any written submissions received during the public
comment period which remained open until March 31, 2003.
Findings of Fact
5. In the absence of testimony or submissions, a
recommendation was made to the Secretary of Labor
following the public hearing process to adopt the proposed
Regulations.
Conclusions of Law
6. The Department of Labor recommends adoption of
the proposed Clean Indoor Air Act Regulations pursuant to
its authority in 29 Del. C. § 8503.
Decision to Adopt
7. It is the decision and order of the Department of
Labor that the proposed Clean Indoor Air Act Regulations, a
true and correct copy of which is attached hereto as Exhibit
"B" are hereby ADOPTED effective date of May 11, 2003.
SO ORDERED, this 15th day of April, 2003.
Harold E. Stafford, Secretary of Labor
Delaware Clean Indoor Air Act Regulations
Adopted:9/15/95
I. Introduction.
The General Assembly finds that it is in the best interest
of the people of this State to protect non-smokers from
involuntary exposure to environmental tobacco smoke in
most indoor areas open to the public, in public meetings,
food service establishments, and places of employment.
The General Assembly recognizes that a balance should
be struck between the health concerns of nonconsumers of
tobacco products and the need to minimize unwarranted
governmental intrusion into and regulation of private spheres
of conduct and choice with respect to the use or nonuse of
tobacco products in certain designated public areas and in
private places. Therefore, the General Assembly declares
that the purpose of the "Clean Indoor Air Act" is to preserve
and improve the health, comfort and environment of the
people of this State by limiting exposure to tobacco smoke.
The Department of Labor has been charged with the
enforcement of this Act as it applies to employers,
employees, places of employment and the work place.
II. Definitions
The words, terms and phrases used in these Regulations,
shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different
meaning.
1. "Act" means 16 Del.C. §§2901 et seq., the
"Clean Indoor Air Act".
2. "Employer" means any person, partnership,
association, corporation or nonprofit entity that employs one
or more persons, including the legislative, executive, and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1510 FINAL REGULATIONS
judicial branches of state government; any county, city,
town, village or political subdivision of the state, public
improvement or special district, public authority,
commission, agency or public benefit corporation; or any
other separate corporate instrumentality or unit of state or
local government.
C. "Place of employment" means any indoor area
or portion thereof under the control of an employer in which
employees of the employer perform services, but that is not
generally accessible to the public.
D. "Smoke-free work area" means an indoor area
in a place of employment where no smoking occurs. Such
area shall be clearly designated and separate from any
smoking area.
E. "Smoking" means the burning of a lighted
cigarette, cigar, pipe or any other matter or substance that
contains tobacco.
F. "Smoking area" means an enclosed indoor area
in which smoking is permitted. Such smoking area shall be
clearly designated and separate from any area in which
smoking is not permitted. In a place of employment, the
smoking area shall be separated from a smoke-free work
area by walls or some other means equally effective in
reducing the effects of smoke on the smoke-free work area,
other than ventilation systems or air cleaning devices.
G. "Work area" means an area in a place of
employment where one or more employees are routinely
assigned and perform services for their employer.
III. Requirements In Places Of Employment.
A. Written Smoking Policy. Each employer shall adopt
and implement a written smoking policy that contains at
least the following:
1. the provision of a work area where no smoking
occurs for each employee who requests one;
2. a notice that the employer is not required to
incur any expense to make structural or physical
modifications to accommodate individual preferences. If a
satisfactory accommodation cannot be reached, the
preferences of non-smoking employees shall prevail;
3. the provision that the employer may set aside a
work area for smoking;
4. the provision of non-smoking areas in
employee cafeterias, lunch rooms and lounges. The nonsmoking
areas in employee cafeterias and lunchrooms shall
be sufficient to meet employee demand;
5. a procedure to resolve employee disputes and
objections arising under the smoking policy; and
6. a statement providing that the employer will
not retaliate or take any adverse personnel action against any
employee exercising his or her rights under the Act.
B. Postinq of Smokinq Policy. Employers shall
post the smoking policy in normal employee posting areas.
IV. Sign Posting Requirements.
"Smoking" or "No Smoking" signs, or the international
"No Smoking" symbol (which consists of a pictorial
representation of a burning cigarette enclosed in a circle with
a bar across it) shall be prominently posted and properly
maintained where smoking is regulated by the provisions of
the Act. These signs shall be posted and maintained by the
employer, owner, operator, manager or other person having
control of the indoor area of the place of employment.
V. Violations And Administrative Penalties.
1. Violations. The following acts constitute violations
of these regulations:
1. permitting smoking in an area which has
been designated as a non-smoking area;
2. failing to post a non-smoking sign as required
by Section IV;
3. willfully destroying or defacing a required
posted sign;
4. failing to adopt a smoking policy as set forth
in section III, Subsection A; and
5. failing to designate a non-smoking area as
required by these regulations.
2. Administrative Penalties. Any person who violates
any provision of these regulations shall be subject to an
administrative penalty of $25 for the first violation and not
less than $50 for each subsequent violation.
VI. Enforcement.
A. Complaint. Any person may file a complaint with
the Office of Labor Law Enforcement alleging a violation of
any provision of this section. The Complaint shall be in
writing, and shall set forth the specifics of any alleged
violation of the Act. The Complaint shall be directed to the
Administrator of the Office of Labor Law Enforcement.
B. Enforcement Actions. Upon complaint to the Office
of Labor Law Enforcement, the Administrator will assign
the Complaint for investigation to a Labor Law Enforcement
Specialist. The Office of Labor Law Enforcement, upon a
determination that a violation has occurred, shall enforce the
provisions of this section of the Act as follows:
1. The Office of Labor Law Enforcement may
serve notice requiring the prompt correction by the owner,
proprietor, manager or other person having the authority to
manage and control any place of employment, of any
violation of this section. Such notice will give a specified
date on which compliance is required. Follow-up action will
be taken to ensure compliance.
2. If prompt corrective action is not taken in
accordance with the foregoing notice, the Office of Labor
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1511
Law Enforcement may issue to any person a citation for
payment of administrative penalties as outlined in Section V,
Subsection B.
C. Waiver of Provisions. The Director of the Division
of Industrial Affairs, upon written request, may waive the
provisions of these Regulations, if it is determined that there
are compelling reasons to do so, providing that such waiver
will not significantly affect the health and comfort of
nonconsumers of tobacco products. The Director shall make
a decision as to whether a waiver should be granted within
thirty (30) days after receipt of the written request. This
waiver may be revoked by the Director at any time should
the Director believe that there are no longer compelling
reasons for the waiver.
VII. Preemption And Severability.
A. Preemption. The provisions of 16 Del.C. §§2901 et
seq. and the provisions of these Regulations shall preempt
and supersede any provisions of any municipal or county
ordinance or regulation on the same subject which were
enacted or adopted after the effective date of the Act.
B. Severability. If any provision of the "Clean Indoor
Air Act" or these Regulations, or any portion thereof or the
application or method of implementation is held invalid, the
remainder of the Act and these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
VIII. Subsequent Modification Of Regulations.
The Secretary of Labor may, upon her/his own motion
or upon the written request of any member of the public
setting forth reasonable grounds therefore, revoke or modify
these regulations, after an opportunity has been given to
members of the public to present their views on the proposed
changes. These regulations shall take effect thirty (30)days
after the date of adoption.
Approved and adopted this 15th day of September, 1995
Darrell J. Minott, Secretary of Labor
Proposed Regulations for Public Consideration: Title
16- Health and Safety, Chapter 29-Clean Indoor Air Act,
affecting places of employment within the jurisdiction of the
Delaware Department of Labor as authorized by 16 Del. C. §
2906.
Department of Labor Policy: The legislative intent of
the Clean Indoor Air Act is to protect nonsmokers from
involuntary exposure to environmental tobacco smoke, not
only in most indoor public places which fall within the
jurisdiction of the Department of Health and Social Services,
but also indoor places of employment which fall within the
jurisdiction of the Department of Labor. Generally, the Act
restricts smoking in any indoor workplace not exempt by
statute, regulation or waiver.
Department of Labor Jurisdiction; The Department
of Labor is charged with the enforcement of this Act as it
applies to employers, employees, places of employment and
the workplace. The Act authorizes the Department of Labor
to impose administrative penalties of $100 dollars for the
first offense but not less than $250 for subsequent violations
when appropriate. The Department shall cite such penalties
against the employer, owner, operator, manager or other
individual having control of the workplace, who knowingly
permits smoking therein.
Acknowledged Workplace Exemptions: In attempting
to provide clarification on exempt status, the Department
may propose regulations acknowledging additional
workplace exemptions consistent with the legislative intent
under the Act at 16 Del. C. § 2904. The Department hereby
proposes to recognize "Private Clubs" as defined herein, as
beyond the jurisdiction of the Department of Labor as
inapplicable or exempt from enforcement under the Act.
"Private Club Exemption" means any club or
organization that does not permit the general public to access
its facilities or activities. Access is denied to anyone who
does not agree or adhere to the rules of membership. In
order to be considered a private club or organization for
purposes of the Clean Indoor Air Act, the establishment
must adhere to all of, but not limited to, the following
criteria:
a. Have a permanent mechanism to carefully
screen applicants for membership on subjective rather than
objective factors;
b. Limits access and use of facilities, services,
and activities of the organization to members and guests of
the members;
c. Is controlled by its membership and operates
solely for the benefit and pleasure of its members; and
d. Advertises exclusively and only to its
members, excluding membership drives.
"Workplace" means a "work area" as defined by the
statute.
Enforcement by the Department of Labor: The
Department's administrative process is as follows: a)
Complaint: Any employee alleging a workplace violation of
the Clean Indoor Air Act, shall report such violations which
has or is occurring, in writing to the Office of Labor Law
Enforcement, Division of Industrial Affairs, 4425 North
Market Street, Wilmington, DE 19802.
a) Enforcement Actions: The Department shall
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1512 FINAL REGULATIONS
investigate all written complaints to determine if a violation
has or is occurring. The Department may investigate alleged
violation from any source. The Office of Labor Law
Enforcement may conduct an inspection of any workplace
where there is a suggestion of an employer's noncompliance
with the Clean Indoor Air Act. The Department
shall take such steps as is necessary to bring about
immediate correction and future compliance.
b) Administrative Penalties: If the Office of
Labor Law Enforcement determines that the employer
knowingly failed or refused to comply with the Act's
workplace restrictions, the Officer shall provide written
notice of such determination. The notice shall include a date
certain for compliance with future monitoring of the
workplace with inspections. If prompt corrective action is
not taken in accordance with the Department's notice, the
Department shall serve a citation for payment of the
administrative penalty upon the person having control of the
workplace where the violation occurred.
c) Right of Appeal of the Penalty: Upon receipt of
a citation with assessment of administrative penalties, the
person named and served, shall have thirty days from service
to appeal the determination to the Secretary. The appeal
must be in writing to the Secretary of Labor, 4425 North
Market Street, Wilmington DE 19802.
Severability.
If any provision of these Regulations, or any portion
thereof or the application or method of implementation is
held invalid, the remainder of these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
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)
ORDER No. 2003-F-0021
Summary Of Evidence And Information
Pursuant to due notice vol. 6, issue 9 DE Register of
Regulations, 1192-1194 (3/1/03), The Department of Natural
Resources and Environmental Control proposes to leave
unchanged Tidal Finfish Regulation 7 pertaining to striped
bass size limits and creel or daily harvest limits, and change
Regulation 10 pertaining to weakfish size limits, creel limits,
and seasonal commercial net closures. The purpose of these
amended regulations are to come into compliance with
Amendment 4 of the Atlantic States Marine Fisheries
Commission Interstate Fishery Management Plan for
Weakfish.
A public hearing was held on March 21, 2003 to take
comments on proposed amendments to Regulations 7 and
10. Comments were taken that evening and during the
remainder of the comment period which remained open until
March 31, 2003.
Findings Of Fact
• 903(e)(2)(a) 7 Delaware Code authorizes the
Department of Natural Resources and
Environmental Control (DNREC) to promulgate
regulations concerning species of finfish that spend
part or all their life cycle within the tidal waters of
the state provided that such regulations are
consistent with an interstate fisheries management
plan developed for the protection and conservation
of said species of finfish.
• There are interstate fisheries management plan
amendments recently approved by the Atlantic
States Marine Fisheries Commission for weakfish
and striped bass.
• The latest amendment of the weakfish plan
provides for minimum size options from 12 inches
up to 15 inches or greater. The allowable daily
harvest limit increases from 7 per day at 12 inches
up to a maximum of 10 fish per day at any
minimum size equal to or greater than 15 inches.
• On March 6, 2003, the New Jersey Marine
Fisheries Council voted to approve 13 inches and 8
weakfish per day as their preferred limits for 2003.
• Although the majority of the comments received
relative to weakfish favored a minimum size of 14
or 15 inches, several Delaware speakers at the
hearing and some of the e-mail respondents stressed
the importance of Delaware being consistent with
New Jersey because of our shared waters.
• There were no comments received relative to the
proposed dates for when gill nets would have to be
removed from Delaware Bay to remain in
compliance with Amendment 4 to the Weakfish
Fishery Management Plan.
• In regard to striped bass, 10 comments were
received in favor of option 1, the present slot limit
included in Tidal Finfish Regulation 7, and three in
favor of option 2; that is two fish per day at a
minimum size of 28 inches. No one favored option
3, maintaining the present slot limit if it means we
will have to reduce our open season length in order
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1513
to remain in compliance with Amendment 6 to the
Atlantic Striped Bass Fishery Management Plan.
Conclusions
I have reached the following conclusions:
• Delaware's recreational minimum size and daily
harvest limit for striped bass should remain as listed
for 2003, namely one fish that measures no less
than 24 inches in total length or more than 28
inches in total length and one that measure no less
than 28 inches in total length per person per day.
This minimum size and daily harvest limit may
need to be re-considered for 2004, pending any
additional amendments or addendum to the Atlantic
States Marine Fisheries Commission Atlantic
Striped Bass Fishery Management Plan. Therefore
Tidal Finfish Regulation 7 should remain
unchanged for 2003.
• Delaware's recreational minimum size and daily
harvest limit for weakfish should be adjusted to 13
inches total length, coupled with a daily harvest
limit of 8 weakfish per day in order to be consistent
with the state of New Jersey. The dates during
which it shall be illegal to fish with any gill net in
Delaware Bay or the Atlantic Ocean or to take and
reduce to possession any weakfish from the
Delaware Bay or Atlantic Ocean with any fishing
equipment other than a hook and line shall be every
weekend day in both May and June (defined as
12:01 AM on Friday through midnight Sunday),
plus contiguous weekdays (defined as 12:01 AM
Monday through midnight Thursday) at the
beginning of May and the end of June, such that the
total number of closure days add up to 34 days.
ORDER
It is hereby ordered this 4th day of April in the year
2003 that amendments to Tidal Finfish Regulation 10, copies
of which are attached hereto, are adopted pursuant to 7 Del.
C. 903(e)(2)(a) and are supported by the Department's
findings of evidence and testimony received. This Order
shall become effective on May 10, 2003.
John A. Hughes, Secretary,
Department of Natural Resources
and Environmental Control
TIDAL FINFISH REGULATION 10. WEAKFISH
SIZE LIMITS; POSSESSION LIMITS; SEASONS.
a) It shall be unlawful for any person to possess
weakfish Cynoscion regalis taken with a hook and line, that
measure less than fourteen (14) [thirteen (13)] inches, total
length. [(Note: size limit to be determined in combination
with creel limit).]
b) It shall be unlawful for any person to whom the
Department has issued a commercial food fishing license
and a food fishing equipment permit for hook and line to
have more than fourteen (14) [eight (8)] weakfish in
possession during the period beginning at 12:01 AM on May
1 and ending at midnight on October 31 except on four
specific days of the week as indicated by the Department on
said person's food fishing equipment permit for hook and
line. [(Note: creel limit to be determined in combination
with size limit).]
c) It shall be unlawful for any person, who has been
issued a valid commercial food fishing license and a valid
food fishing equipment permit for equipment other than a
hook and line to possess weakfish, lawfully taken by use of
such permitted food equipment, that measure less than
twelve (12) inches, total length.
d) It shall be unlawful for any person, except a person
with a valid commercial food fishing license, to have in
possession more than [fourteen (14) eight (8)] weakfish, not
to include weakfish in one's personal abode or temporary or
transient place of lodging. A person may have weakfish in
possession that measure no less than twelve (12) inches, total
length, and in excess of fourteen (14) [eight (8)] if said
person has a valid bill-of-sale or receipt for said weakfish
that indicates the date said weakfish were received, the
number of said weakfish received and the name, address and
signature of the commercial food fisherman who legally
caught said weakfish or a bill-of-sale ore receipt from a
person who is a licensed retailer and legally obtained said
weakfish for resale. [(Note: creel limit to be determined in
combination with size limit).]
e) It shall be unlawful for any person to fish with any
gill net in the Delaware Bay or Atlantic Ocean or to take and
reduce to possession any weakfish from the Delaware Bay or
the Atlantic Ocean with any fishing equipment other than a
hook and line during the following periods of time:
Beginning at 12:01 AM on May 1, 2002 and ending at
midnight on May 12, 2001;
Beginning at 12:01 AM on May 17, 2002 and ending at
midnight on May 19, 2002;
Beginning at 12:01 AM on May 24, 2002 and ending at
midnight on May 26;
Beginning at 12:01 AM on May 31, 2002 and ending at
midnight on June 2, 2002;
Beginning at 12:01 AM on June 7, 2002 and ending at
midnight on June 9, 2002;
Beginning at 12:01 AM on June 14, 2002 and ending at
midnight on June 16, 2002;
and beginning at 12:01 AM on June 24, 2002 and
ending at midnight on June 30, 2002.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1514 FINAL REGULATIONS
Every weekend day (defined as 12:01 AM on Friday
through midnight Sunday) in both May and June, plus
contiguous weekdays (defined as 12:01 AM Monday
through midnight Thursday) at the beginning of May and the
end of June, such that the total number of closure days add
up to thirty four (34) days. The exact dates of closures each
year shall be mailed in advance to the affected public and
published annually in the Delaware Fishing Guide.
f) The Department shall indicate on a person's food
fishing equipment permit for hook and line four (4) specific
days of the week during the period May 1 through October
31, selected by said person when applying for said permit, as
to when said permit is valid to take in excess offourteen (14)
[eight (8)] weakfish per day. These four days of the week
shall not be changed at any time during the remainder of the
calendar year. [(Note: creel limit to be determined in
combination with size limit).]
g) It shall be unlawful for any person with a food
fishing equipment permit for hook and line to possess more
than fourteen (14) [eight (8)] weakfish while on the same
vessel with another person who also has a food fishing
equipment permit for hook and line unless each person's
food fishing equipment permit for hook and line specifies the
same day of the week in question for taking in excess of
fourteen [fourteen (14) eight (8). (Note: creel limit to be
determined in combination with size limit).]
DIVISION OF WATER RESOURCES
Statutory Authority: 7 Delaware Code,
Section 103(a)(1) and (b),
(7 Del.C. 103(a)(1) and (b))
Secretary's Order No.: 2003-W-0017
Amendments to the Delaware Regulations Governing the
Control of Water Pollution
I. Background
The Department of Natural Resources and
Environmental Control held a public hearing on August 29,
2000 to receive comments on proposed amendments to the
Department's Regulations Governing the Control of
Water Pollution. Public notices advertising the hearing
were published in two newspapers, the Delaware State
News and The News Journal, on Wednesday, August 2,
2000 and on Sunday, August 6, 2000. The proposed
amendments and a notice advertising the August 29, 2000
public hearing were published in the Delaware Register of
Regulations on July 1, 2000.
The majority of the proposed amendments focus on the
Department's issuance and administration of NPDES permits
in the State of Delaware. ("NPDES" is an acronym for the
"National Pollutant Discharge Elimination System", a
federal regulatory program designed to control "point
source" discharges of pollutants to the nation's waters.
Although Congress entrusted the responsibility for
administering the NPDES Program to the United States
Environmental Protection Agency, it provided for the
delegation of that authority to the individual states. EPA
delegated its authority to issue and administer NPDES
permits to the State of Delaware in 1974.) In addition, the
Department proposed updates to its regulations for the
construction and operation of wastewater/pollution control
facilities and proposed to adopt regulations that formalize a
periodic assessment of municipal treatment plant
performance and infrastructure needs. Regulations were
also proposed to address administrative procedures for
evaluating and issuing a State certification that an activity
will be conducted in such a manner that won't violate the
applicable surface water quality criteria or standards. Such
certification is required under federal law for any activity
that involves a federal license or permit.
The Department responded to the comments entered
into the public record in a Response Document dated March
8, 2002. The Hearing Officer's Report to the Secretary
recommended adoption of the revisions as discussed in the
Response Document. On August 26, 2002, Secretary's
Order #2002-W-0043 was issued, adopting the amended
Regulations as proposed with the revisions outlined in the
March 8, 2002 Response Document.
Under 29 Del. C., no agency may adopt a regulation if
more than 12 months have elapsed since the close of the
public comment period. Therefore, the regulations were
published in their modified form and the public given an
additional opportunity to submit comments. The
Secretary's Order and the modified amendments were
published in the Delaware Register of Regulations on
October 1, 2002.
One party submitted written comments before the close
of the second public comment period. The Department
carefully considered and responded to those comments in a
Response Document dated March 15, 2003. In addressing
the comments submitted, the Department modified the
proposed revisions. None of the changes are substantive. All
are consistent with the Department's original purpose and
intent.
II. Findings and Conclusions
1. Proper notices of the proposed amendments were
provided as required by law.
2. The Department has carefully considered all
relevant public comments regarding this proposed
rulemaking, and has provided a reasoned analysis and sound
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
FINAL REGULATIONS 1515
conclusions regarding each one as reflected in the two
Response Documents, which are incorporated into this
Order. The reasoning and conclusions with respect to each
issue are hereby incorporated into this Order as formal
findings.
3. This rulemaking, together with the revisions made
as a result of the public comment process, will provide a
significant water quality benefit for the State of Delaware,
while being sensitive to the practical implications for the
regulated community.
III. Order
This Order affirms the Findings and Conclusions from
Secretary's Order #2002-W-0043. In view of the above
findings, it is hereby ordered that the Regulations Governing
the Control of Water Pollution be amended and promulgated
in the manner required by law to reflect the final version of
these amendments, attached hereto, which includes those
published in the October 1, 2002 Register of Regulations
with the appropriate revisions as discussed in the Response
Document, dated March 15, 2003.
IV. Reasons
This rulemaking represents careful, deliberate and
reasoned action by this agency to address shortcomings in its
existing regulations and to maintain consistency with
evolving federal requirements, while taking into account the
practical interests and concerns of the regulated community.
These amendments shall become effective on May 14,
2003.
John A. Hughes, Secretary
* PLEASE NOTE: DUE TO THE LENGTH OF THE FINAL
REGULATION AND SPACE CONSIDERATIONS, THE FULL
TEXT OF THE REGULATION IS NOT BEING REPRODUCED
HERE. THERE ARE TWO VERSIONS AVAILABLE FROM THE
WEBSITE.
ADOBE PDF VERSION
HTML VERSION
STATE EMPLOYEE BENEFITS
COMMITTEE
Statutory Authority: 29 Delaware Code,
Sections 5210(4), 9602(b)(4)
(29 Del. C. §§5210(4), 9602(b)(4))
ORDER ADOPTING RULES AND REGULATIONS
AND NOW, this 16th day of April, 2003, in accordance
with 29 Del. C. §10118 and for the reasons stated
hereinafter, the State Employee Benefits Committee of the
State of Delaware (hereinafter "the Committee") enters this
Order adopting an amendment to the Group Health Care
Insurance Eligibility and Coverage Rules.
I. Nature of the Proceedings
Pursuant to the Committee's authority under 29 Del.C.
§§5210(4) and 9602(b)(4), the Committee proposed to
amend existing Group Health Care Insurance Eligibility and
Coverage Rule 7.01 in order to establish the date that a
public school or higher education employee (less than 12
month employee) retains coverage when the term of
employment extends to the last scheduled work day of the
school year. Notice of the public hearing to consider the
proposed amendment to the Group Health Care Insurance
Eligibility and Coverage Rules was published in the
Delaware Register of Regulations and two Delaware
newspapers of general circulation, in accordance with 29
Del.C. §10115 (Exhibit A). The text of the proposed
amendment is attached as Exhibit B. The public hearing was
held on February 28, 2003 at 1:00 p.m. in Dover, Delaware,
as duly noticed, and at which a quorum of the Committee
was present. The Committee deliberated and voted on the
proposed amendment to the Group Health Care Insurance
Eligibility and Coverage Rules. This is the Committee's
Decision and Order ADOPTING the amendment to the
Rules and Regulations as proposed.
II. Evidence and Information Submitted
The Committee received no written comments in
response to the notice of intention to adopt the proposed
revisions to the Group Health Care Insurance Eligibility and
Coverage Rules. At the February 28, 2003 hearing, the
Committee received oral comments from Ms. Jill Floore of
the Budget Office and Ms. Debbie McCall of the State
Personnel Office.
Ms. McCall read and explained the proposed
amendment. She stated that the amendment was the result of
cooperation and collaboration between the parties involved.
Ms. Floore stated that the change to Rule 7.01 that
would address an issue regarding public school employees
and the maintenance of coverage through the summer
months. The proposed amendment would conform the
Committee Rules to existing practice.
III. Findings of Fact and Conclusions
1. The public was given notice of the proposed
amendment to the Group Health Care Insurance Eligibility
and Coverage Rules and offered an adequate opportunity to
provide the Committee with comments.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1516 FINAL REGULATIONS
2. The proposed amendment to the Group Health Care
Insurance Eligibility and Coverage Rules is necessary to
clarify current rules and establish certain other requirements
for eligibility and coverage. The proposed amendments will
assist public school and higher education employees in
understanding the requirements regarding group health care
insurance eligibility and coverage.
3. The Committee concludes that it has statutory
authority to promulgate rules and regulations for the general
administration of the employee benefit coverages pursuant to
29 Del.C. §9602(b)(4). The Committee further concludes
that it has statutory authority to adopt rules 2 and regulations
for the general administration of the State employees group
health insurance program in accordance with 29 Del.C.
§5210(4).
4. For the foregoing reasons, the Committee
concludes that it is necessary to adopt the proposed
amendment to its Rules and Regulations.
IV. Decision and Order to Adopt Amendments
NOW, THEREFORE, by unanimous vote of a quorum
of the Committee, IT IS ORDERED, that the amendment to
Rule 7.01 of Group Health Care Insurance Eligibility and
Coverage Rules is approved and adopted in the exact text as
set forth in Exhibit B attached hereto. The effective date of
this Order is ten (10) days from the date of its publication in
the Delaware Register of Regulations pursuant to 29 Del. C.
§ 10118(g).
BY ORDER OF THE STATE EMPLOYEE BENEFITS
COMMITTEE
(As authenticated by a quorum of the Committee)
Lisa Blunt-Bradley, Chair, State Personnel Director
David Singleton, Secretary of Finance
Jack Markell, State Treasurer
Russ Larson, Controller General
Donna Lee Williams, Insurance Commissioner
Jennifer Davis, Budget Director
State Of Delaware
State Employee Benefits Committee
Group Health Care Insurance
Proposed Revisions To Eligibility And Coverage Rules
7.01 Coverage ends on the last day of the month in
which the employee terminates employment. A public
school or higher education employee (less than 12 month
employee) whose employment during a school year
continues through the last scheduled work day of that school
year shall retain coverage through August 31 of the same
year so long as the required contributions have been made.
In the event an Employee fails to make the required
contributions for any optional coverage selected, coverage
will revert to "Basic" coverage on the first day of the month
for which the Employee failed to make the required
contribution. If an employee works one day in the month in
which they terminate, they shall earn state share for the
entire month.
PLEASE NOTE: AS THE REMAINDER OF THE REGULATION
IS NOT BEING MODIFIED IT IS NOT BEING PUBLISHED.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
GOVERNOR'S EXECUTIVE ORDERS 1517
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER FORTY
RE: CONTINUING AND REORGANIZING THE
INTERAGENCY COUNCIL ON ADULT
LITERACY
WHEREAS, the demands of a changing society are
rapidly raising the level of literacy in reading, numeration,
communication, problem solving and use of technology
essential for effective participation in family, employment
and community matters; and
WHEREAS, for Delaware to be a literate State, a broad
spectrum of services must be designed and provided to meet
the literacy needs of Delawareans regardless of age; and
WHEREAS, the literacy level of parents and/or
guardians has a direct impact on the literacy level of a child;
and
WHEREAS, attaining a literate Delaware is imperative
to ensure the State's continued economic competitiveness as
well as to provide an enhanced quality of life; and
WHEREAS, a literate Delaware requires commitment,
coordination, and collaboration between the public and
private sectors; and
WHEREAS, in 1990 the State convened an Adult
Literacy Summit in which leaders of government, business,
education, general community and industry in Delaware met
in an effort to address the issues associated with adult
education; and
WHEREAS, on September 17, 1991, by Executive
Order No. 98, then-Governor Michael N. Castle created the
Interagency Council on Adult Literacy (the "ICAL") in order
to facilitate literacy initiatives in the State; and
WHEREAS, the Minner-Carney administration has
worked supportively with the ICAL and wishes to encourage
the organization to continue their service to the residents of
Delaware; and
WHEREAS, it is appropriate to continue the ICAL, and
that its structure, organization and purposes be modified to
reflect and account for changes since the adoption of
Executive Order No. 98;
NOW, THEREFORE, I, RUTH ANN MINNER, by
virtue of the authority vested in me as Governor of the State
of Delaware do hereby order and declare as follows:
1. The Interagency Council on Adult Literacy is
reconstituted and continued. The ICAL shall consist of not
more than fifteen (15) members, each of whom shall be
appointed by and serve at the pleasure of the Governor.
Membership on the ICAL shall include the following
persons:
a. A Chairperson;
b. One representative from each of the following
State agencies: the Department of Education, the
Department of Health and Social Services, the Department
of Labor, the Department of Correction, the Delaware
Economic Development Office, the Department of State, the
Delaware State Housing Authority;
c. One representative of the Organization of
Adult Alumni and Students in Service (OAASIS);
d. One representative of the Delaware
Association for Adult and Community Education (DAACE);
e. At least one President from one of Delaware's
institutions of higher education;
f. The Chairman of the Delaware Coalition for
Literacy, Inc. (DCL).
Members of the ICAL are authorized to select officers
from among the ICAL's regular members.
2. In addition to the above regular members of the
ICAL, there may be advisory members of the ICAL, who
may be appointed from among various educational
organizations, groups that provide basic education and/or
literacy skills, students and consumers of such educational
programs and other special members that represent specific
priority populations or areas of expertise. Such advisory
members of the ICAL shall be appointed by the Chairperson.
In appointing advisory members, the Chairperson shall
ensure diverse representation of educational programs and
consumers throughout the State.
3. The ICAL shall be responsible for the development
of an action plan to advance literacy within the State. In
furtherance of that objective, the ICAL shall:
a. Coordinate and convene a literacy summit to
develop recommendations for increasing literacy;
b. Develop an adult and family literacy policy;
c. Recommend appropriate literacy-related
legislation;
d. Coordinate policy and resources with other
agencies regarding delivery of services for existing and
future programs;
e. Review and recommend target populations;
f. Gather and analyze literacy data;
g. Monitor and evaluate literacy-related activities
in an effort to attain literacy goals;
h. Publicly highlight the on-going literacy
successes and challenges in Delaware; and
i. Devise a plan to provide access to literacy
services.
4. The ICAL shall publish an annual report on its
progress, to be provided to the Governor and members of the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY, 2003
1518 GOVERNOR'S EXECUTIVE ORDERS
General Assembly, on or about September 8 of each year,
International Literacy Day.
5. Executive Order No. 98, entered September 17,
1991, is hereby rescinded.
Approved and Adopted, this 27th Day of March, 2003.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER FORTY-ONE
RE: REVISED REALLOCATION OF STATE
PRIVATE ACTIVITY BOND VOLUME CAP
FOR CALENDAR YEAR 2002 AND INITIAL
SUBALLOCATION OF STATE PRIVATE
ACTIVITY BOND VOLUME CAP FOR
CALENDAR YEAR 2003
WHEREAS, pursuant to 29 Del. C. ß5091, the Stateís
private activity bond volume cap ("Volume Cap") for 2002
under ß103 of the Internal Revenue Code of 1986 (the
"Code") has been allocated among various state and local
government issuers; and
WHEREAS, on January 29, 2003, I entered Executive
Order Number Thirty-Six, reallocating Volume Cap for
calendar year 2002 and making an initial sub-allocation of
Volume Cap for calendar year 2003; and
WHEREAS, published cost of living adjustments for
2003 have caused the Volume Cap for 2003 to be further
adjusted; and
WHEREAS, pursuant to Executive Order Number
Twenty-Seven, $112,500,000 of the Volume Cap for 2002
which had been allocated to the State of Delaware was
further sub-allocated between the Delaware Economic
Development Authority and the Delaware State Housing
Authority; and
WHEREAS, the allocation of Volume Cap in
Executive Order Number Twenty-Seven is subject to
modification by further Executive Order; and
WHEREAS, the Stateís Volume Cap for 2002 and 2003
is allocated among the various State and local government
issuers by 29 Del. C. ß5091(a); and
WHEREAS, Kent County has reassigned $22,500,000
of its unallocated Volume Cap for 2002 to the State of
Delaware; and
WHEREAS, the Delaware Economic Development
Authority has $56,250,000 of Volume Cap for 2002,
previously allocated by Executive Order Number Twenty-
Seven; and
WHEREAS, pursuant to 29 Del. C. ß5091(b), the
Stateís $114,290,000 Volume Cap for 2003 is to be suballocated
by the Governor between the Delaware State
Housing Authority and the Delaware Economic
Development Authority; and
WHEREAS, the Secretary of Finance recommends (i)
that the $22,500,000 unallocated Volume Cap for 2002
reassigned to the State of Delaware by Kent County be suballocated
to the Delaware State Housing Authority for carry
forward for use in future years; and (ii) that the $56,250,000
of Volume Cap for 2002 allocated to the Delaware
Economic Development Authority pursuant to Executive
Order Number Twenty-Seven be reallocated to the Delaware
State Housing Authority for carry forward for use in future
years; and (iii) that the Stateís Volume Cap for 2003 of
$114,290,000 be allocated equally between the Delaware
State Housing Authority and the Delaware Economic
Development Authority; and
WHEREAS, the Chairperson of the Delaware
Economic Development Authority and the Chairperson of
the Delaware State Housing Authority concur in the
recommendations of the Secretary of Finance.
NOW, THEREFORE, I, Ruth Ann Minner, by the
authority vested in me as Governor of the State of Delaware,
do hereby declare and order as follows:
1. Section 2 of Executive Order Number Thirty-Six
and the associated recitals are hereby revoked in their
entirety.
2. The $22,500,000 of unallocated Volume Cap for
2002 that has been reassigned by Kent County to the State of
Delaware is hereby sub-allocated to the Delaware State
Housing Authority for carry forward use, in addition to the
$56,250,000 previously sub-allocated to the Delaware State
Housing Authority for 2002 under Executive Order Number
Twenty-Seven. Additionally, the $56,250,000 of Volume
Cap for 2002 previously allocated to the Delaware Economic
Development Authority is allocated to the Delaware State
Housing Authority, providing the Delaware State Housing
Authority with a total carry forward amount of
$135,000,000.
3. The $114,290,000 allocation to the State of
Delaware of the 2003 Volume Cap is hereby sub-allocated:
$57,145,000 to the Delaware State Housing Authority and
$57,145,000 to the Delaware Economic Development
Authority.
4. The aforesaid sub-allocations have been made with
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
GOVERNOR'S EXECUTIVE ORDERS 1519
due regard to actions taken by other persons in reliance upon
previous sub-allocations to bond issuers.
Approved and Adopted, this 27th Day of March, 2003.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER FORTY-TWO
RE: TASK FORCE ON FINANCIAL OPTIONS
FOR THE CITY OF WILMINGTON
WHEREAS, since assuming office in January 2001,
Mayor James M. Baker has taken a series of responsible
actions to improve the finances of the City of Wilmington;
and
WHEREAS, last year Mayor Baker asked the members
of the Wilmington Economic and Financial Advisory
Council (WEFAC) to work with the nationally recognized
municipal strategic consulting firm Public Financial
Management (PFM) to conduct an independent review of the
City's finances; and
WHEREAS, Mayor Baker and City Council President
Theodore Blunt have received the findings of the WEFAC/
PFM study which include a five-year financial forecast for
the City and a series of potential revenue generation options;
and
WHEREAS, the WEFAC/PFM report finds that
"...strong local action has both contained the Cityís costs and
increased its locally generated revenues. Nonetheless,
Wilmingtonís future holds budgetary crisis if joint State and
City solutions are not found in the months ahead."; and
WHEREAS, the state of Wilmington's finances should
be addressed in a timely fashion;
I, RUTH ANN MINNER, GOVERNOR OF THE
STATE OF DELAWARE, DO HEREBY ORDER ON THE
31ST DAY OF MARCH 2003:
1. The Task Force on Financial Options for the City of
Wilmington is hereby created.
2. The Task Force shall report to me, the Delaware
General Assembly, and the Mayor and City Council of
Wilmington by no later than May 30, 2003 with specific
recommendations for broadening and diversifying the
sources of the City of Wilmingtonís annual revenues.
3. The Task Force shall be comprised of the following
twenty-three (23) members:
Four (4) Representatives of the 142nd Delaware
General Assembly, two (2) of whom (one Democrat
and one Republican) shall be appointed by the
Speaker of the House and two (2) of whom (one
Democrat and one Republican) shall be appointed
by the President Pro Tempore of the Senate.
Five (5) Representatives of the State Government
appointed by the Governor.
Four (4) Representatives of City Government
appointed by the Mayor.
One (1) Representative of the Wilmington City
Council appointed by the President of City Council.
One (1) Representative of the New Castle County
Government appointed by the County Executive.
One (1) Representative of the Delaware Economic
and Financial Advisory Council (DEFAC).
Two (2) Representatives of the Wilmington
Economic and Financial Advisory Council
(WEFAC), one of whom shall be its Chairman and
the other of whom shall be appointed by said
Chairman.
Five (5) Representatives of the private sector
appointed by the Governor.
4. The Chair(s) of the Task Force shall be selected by
the Governor.
Ruth Ann Minner
Governor
Attest:
Harriet Smith Windsor
Secretary of State
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY, 2003
1520 GOVERNOR'S EXECUTIVE ORDERS
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER FORTY-THREE
TO: Heads of All State Departments and Agencies
RE: Authorizing The Establishment Of A Special
Fund To Assist Delaware Reservists Ordered To
Active Duty For Any Mobilization Of Any
Duration Who Have Suffered Serious Financial
Harm As A Result Of Mobilization
WHEREAS, since September 11, 2001, the United
States of America, acting in concert with other nations, has
deployed its armed forces to the Persian (Arabian) Gulf to
fight terrorism and protect the countries in the region; and
WHEREAS, members of the Delaware Army and Air
National Guard, and Delawareans who are members of the
Army, Air Force, Navy, Marine Corps, and Coast Guard
Reserve have been and will be called into active federal
service; and
WHEREAS, many individuals and organizations desire
to extend financial aid and assistance to ameliorate the
hardships of Delawareans called to active federal service and
their dependents; and
WHEREAS, the State Area Command of Delaware,
commanded by the Adjutant General of the State of
Delaware, has been directed by the Department of Defense
of the United States to plan, organize, and manage the
Defense Family Assistance Program within the State of
Delaware; and
WHEREAS, it is the policy of the State of Delaware to
minimize the hardships to its people arising from call to
active federal service for mobilizations of any duration;
NOW THEREFORE, I, RUTH ANN MINNER,
GOVERNOR OF THE STATE OF DELAWARE,
HEREBY ORDER ON THIS 4TH DAY OF APRIL, 2003:
1. The Adjutant General of the State of Delaware is
authorized and directed to establish and maintain the
"Delaware National Guard and Reserve Emergency
Assistance Fund" (hereinafter the "DNGREAF"). The
DNGREAF shall be maintained as a separate fund, separate
from the General Fund or any special fund of the state.
2. Under rules and regulations prescribed by the
Adjutant General, the DNGREAF shall:
a. Receive, collect, and accept donations of
money from whatever source or origin for the benefit of
(1) Residents of the State of Delaware who
are members of the reserve components of the armed forces
of the United States, and who were ordered to or volunteered
for active federal service as a result of mobilizations of any
duration;
(2) Members of the reserve components of the
armed forces of the United States whose units were
permanently stationed in the State of Delaware at the time
these units were ordered to active federal service as a result
of mobilizations of any duration; and
(3) The dependents of persons described in
subparagraphs (1) and (2).
b. Disburse and pay to eligible persons (as
defined in subparagraph (a)) such funds as may be necessary
and appropriate to alleviate financial hardship resulting from
the call of a reservist to active federal service as a result of
mobilizations of any duration.
c. Be managed in accordance with policies and
procedures established by the Adjutant General of the State
of Delaware. These procedures shall ensure sound
management of funds deposited in the DNGREAF, and
equitable distribution of those funds to eligible persons.
These procedures will specify periodic reports to be
submitted to the Governor on the activities of the
DNGREAF.
3. The DNGREAF shall not pledge, encumber, or
obligate in any way the credit of the State of Delaware.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
ATTORNEY GENERAL 1521
The following Attorney General Opinions have recently been published. The opinions are
available in full text by visiting the Attorney General website at:
http://www.state.de.us/attgen/main_page/opinions/opinions.htm
OPINION SUBJECT
02-IB07 F.O.I.A. Complaint Against Sussex County Council
02-IB08 F.O.I.A. Complaint Against Sussex County
02-IB09 F.O.I.A. Against Middletown
02-IB10 F.O.I.A. Complaint Against Christina School District
02-IB11 Computer Matching and Release of Information to Law Enforcement Agencies
02-IB12 F.O.I.A. Complaint Against Fenwick Island Town Council
02-IB18 F.O.I.A. Complaint Against Town of Laurel
02-IB19 F.O.I.A. Complaint Against Joint School Boards of New Castle County
02-IB21 F.O.I.A. Complaints Against Town of Fenwick Island
02-IB22 F.O.I.A. Complaints Against New Castle County and New Castle County Council
02-IB23 F.O.I.A. Complaint Against Sussex County Planning & Zoning Commission
02-IB24 F.O.I.A. Complaint Against New Castle County
02-IB25 Referrals Prohibited to Physical Therapists pursuant to 24 Del. C. § 2616 (a) (8)
02-IB26 F.O.I.A. Complaint Against City of New Castle
02-IB27 F.O.I.A. Complaint Against Sussex County Council
02-IB28 DAPE's Inquiries Concerning The State Procurement Act
02-IB29 The Clean Indoor Air Act
02-IB30 F.O.I.A. Complaint Against New Castle County
02-IB31 F.O.I.A. Complaint Against Sussex County Council
02-IB32 F.O.I.A. Complaint Against New Castle County
02-IB33 F.O.I.A. Complaint Against Town of Camden
02-IB34 F.O.I.A. Complaint Against theTown of South Bethany
03-IB01 F.O.I.A. Complaint Against New Castle County
03-IB02 F.O.I.A. Complaint Against New Castle County
03-IB03 F.O.I.A. Complaint Against Town of Fenwick Island
03-IB04 Effect of Governor's Pardon on the Ownership of Firearms
03-IB05 F.O.I.A. Complaint Against Town of Fenwick Island
03-IB07 Deduction of Fair Share Fees
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1522 GENERAL NOTICES
DEPARTMENT OF INSURANCE
AGENTS BULLETIN NO. 12
CONTINUING EDUCATION WAIVER FOR ACTIVE
DUTY PERSONNEL
Issued March 24, 2003
TO: ALL INSURERS AND LICENSEES
FROM: DONNA LEE H. WILLIAMS,
COMMISSIONER
With the activation of United States military personnel
for service both overseas and to protect our homeland, the
Delaware Insurance Department recognizes there are
concerns regarding military personnel who hold insurance
licenses. We remain cognizant of the fact that some
producers may be unable to fulfill certain licensing renewal
requirements, especially continuing education requirements.
In order to avoid imposing additional burdens and hardships
on those who have been called upon to serve their country, I
have granted a waiver of insurance continuing education
requirements and license renewal requirements, including
fees, and the waiver of any fine or sanction for failure to
comply with renewal procedures during the year in which a
producer is called to active military service. I recognize that
waiving such requirements will enable these individuals to
immediately return to work and support their families.
I would appreciate your assistance with notifying all
your appointed producers that this waiver of insurance
renewal license and continuing education requirements
exists. The Department is requesting that all affected
individuals notify our licensing division upon their return
home and provide a copy of their activation order to
document our files.
Because the Insurance Department is not notified in
advance of activation of military personnel, some nonresident
licensees may receive notices of suspension. The
records will be corrected upon notice and proof of activation.
Our hearts and prayers go out to those serving in the
military and their families during these difficult and
uncertain times.
Donna Lee H. Williams
Commissioner
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1523
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
§2509, the Delaware Board of Pharmacy (Board) has
developed and proposes to modify Regulations 1.0 and 3.0.
The changes to Regulation 1.0 relating to the national
examinations make the rule consistent with the requirements
of the National Association of Boards of Pharmacy (NABP).
The changes to Regulation 3.0 give a pharmacy more
discretion in choosing the appropriate reference material and
limit the requirement for metric weights to a pharmacy using
a balance.
A public hearing will be held on June 11, 2003 at 9:30
a.m. in the Jesse Cooper Building, Room 309 (third floor
conference room), Federal and Water Streets, Dover, DE
19901. Written comments can be submitted at any time
prior to the public hearing in care of Gradella E. Bunting at
the above address. In addition to publication in the Register
of Regulations and two newspapers of general circulation,
copies of the proposed regulation can be obtained from
Gradella E. Bunting by calling (302)739-4798.
DEPARTMENT OF AGRICULTURE
THOROUGHBRED RACING COMMISSION
The Commission issues these proposed rules pursuant to
3 Del. C. 10103 and 29 Del. C. 10115. The Commission will
accept written comments from May 1, 2003 through May 30,
2003. The Commission will hold a public hearing on the
proposed rule amendments on May 21, 2003 at 11:00 a.m. at
Delaware Park, 777 Delaware Park Boulevard, Wilmington,
DE. Written comments should be submitted to John Wayne,
Administrator of Racing, Department of Agriculture, 2320
S. DuPont Highway, Dover, DE 19901.
The Commission proposes the following three rule
amendments: 1)amend Rule 1.28 to clarify that the
definition of a "Meeting" to include all race dates approved
by the Commission under 3 Del. C. 10122(c); 2)amend Rule
3.02(a) to clarify that the authority of the Stewards at the
Meeting shall be during the period as required by the
Commission; and 3)amend Rule 19.01(d) to provide that
one steward may hold a hearing during emergencies or
during periods when there is no live racing.
STATE BOARD OF EDUCATION
The State Board of Education will hold its monthly meeting
on Thursday, May 16, 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 (DHSS),
Division of Long Term Care Residents Protection, has
prepared two draft regulations amending the Regulations
Governing the Adult Abuse Registry pursuant to 11 Del. C.,
Section 8564(g). The first proposed regulation specifies that
the information to be disclosed upon completion of an
investigation shall include the date and time of the incident if
that information is known. The second proposed regulation
strikes the use of the term "adult abuse" in order to
acknowledge that various criminal convictions may result
from conduct which has also led to placement on the Adult
Abuse Registry.
Invitation For Public Comment
A public hearing will be held as follows:
Wednesday, June 4, 2003, 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
revised regulations and should be sent to the following
address:
John Thomas Murray
Division of LongTerm Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the public hearing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1524 CALENDAR OF EVENTS/HEARING NOTICES
DIVISION OF SOCIAL SERVICES
Public Notice
Fair Hearing Practices and Procedures
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
proposing to amend the Division of Social Services Manual
(DSSM) to make several "housekeeping" changes regarding
the agency's fair hearing practices and procedures.
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 19720-0906 by May 31, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
DEPARTMENT OF INSURANCE
NOTICE OF PUBLIC HEARING
INSURANCE COMMISSIONER DONNA LEE H.
WILLIAMS hereby gives notice that a PUBLIC HEARING
will be held on Wednesday May 28, 2003, at 10:00 a.m. in
the Hearing Room of the Delaware Department of Insurance,
841 Silver Lake Boulevard, Dover, Delaware. The hearing is
to consider amendments to Regulation 1310 (formerly
Regulation 80) relating to the STANDARDS FOR
PROMPT, FAIR AND EQUITABLE SETTLEMENT OF
CLAIMS FOR HEALTH CARE SERVICES
The purpose for amending Regulation 1310 is to redefine
certain terms and to reduce the number of days in
which a health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations. This
is a third hearing to consider amendments to the regulation
resulting from public comment on the regulation as
originally proposed.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Monday June 2, 2003, and should be addressed to Deputy
Attorney General Michael J. Rich, Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, DE 19904.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Title Of The Regulations:
"Reporting Of A Discharge Of A Pollutant Or An Air
Contaminant"
Brief Synopsis Of The Subject, Substance And Issues:
The Department is planning make several minor
corrections to the list of substances (Section 3 Table A)
associated with the current regulation that describes the
requirements for reporting the environmental release or
discharge of a pollutant or air contaminant. The purpose of
this proposed amendment is to change to reportable quantity
for the flammable substance hydrogen, clarify flammable
substance reportable quantities, and correct several technical
mistakes in the associated list of substances.
Notice Of Public Comment:
The public hearing date is scheduled for June 25. The
public comment period for this proposed amendment will
extend through July 4, 2003. Interested parties may submit
comments in writing during this time frame to: Jay Brabson,
Air Quality Management Section, 715 Grantham Lane, New
Castle, DE 19720, and/or statements and testimony may be
presented either orally or in writing at the public hearing to
be held on Wednesday, June 25, 2003 beginning at 6:00 PM
in the DNREC auditorium at the Richardson and Robbins
Building, 89 Kings Highway, Dover, DE.
Prepared By:
Jay Brabson (302) 323-4542 April 7, 2003
DIVISION OF FISH AND WILDLIFE
Title Of The Regulations:
Tidal Finfish Regulations, Shellfish Regulations.
Brief Synopsis Of The Subject, Substance And Issues:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1525
To create a new Tidal Finfish Regulation 29 and a new
Shellfish Regulation S-76 that establish procedures for
conducting the first lottery and subsequent lotteries of
available commercial gill net permits and authorization for
commercial hook and line permits (Tidal Finfish Regulation
29), and commercial crab dredge, conch pot, and conch
dredge licenses (Shellfish Regulation S-76). It is proposed
that the first lottery for available licenses be held on July 1,
2003 and subsequent lotteries will be held the first working
day in January of each year thereafter, as long as one or more
licenses are available. Participants in the lotteries shall
include current participants in the apprentice program who
have completed the required and properly documented 150
days of commercial fishing activities over no less than a 2-
year period dating from the specific date the applicant signed
up as an apprentice, according to the provisions of
§915(e),(k), and (n); and §1920, 7 Delaware Code. Other
dates suggested for the first and subsequent lotteries will be
considered.
Notice Of Public Comment:
Individuals may present their opinions and evidence
and/or request additional information by writing, or calling
or visiting the Fisheries Section, Division of Fish and
Wildlife, 89 Kings Highway, Dover, Delaware 19901,
(302)739-3441. A public hearing on this proposed
amendment and new regulation will be held at the
Department of Natural Resources and Environmental
Control Auditorium 89 Kings Highway, Dover, DE at 7:30
PM on May 28, 2003. The record will remain open for
written or e-mail comments to roy.miller@state.de.us until
4:30 PM on May 30, 2003
DELAWARE RIVER BASIN
COMMISSION
25 STATE POLICE DRIVE
P.O. BOX 7360
WEST TRENTON, NJ 08628-0360
NOTICE OF PUBLIC HEARING
The Delaware River Basin Commission
("Commission") is federal-state regional agency charged
with managing the water resources of the Basin without
regard to political boundaries. Its members are the
governors of the four basin states - New Jersey, New York,
Pennsylvania, and Delaware - and a federal representative
appointed by the President of the United States. As such, the
Commission is exempt from the requirements of 29
Delaware Code Chapter 101. The following is published by
the Delaware River Basin Commission for informational
purposes.
Proposal to Revise the Fee Schedule for the Review of
Projects under Section 3.8 and Article 10 of the Delaware
River Basin Compact
Summary. The Commission will hold a public hearing
and solicit comment on proposed changes to the fee schedule
for the review of projects under Section 3.8 and Article 10 of
the Delaware River Basin Compact. The Commission
instituted project review fees in 1972, in order to allocate to
applicants a portion of the cost of reviewing water resource
projects. The fees, which are paid to the Commission at the
time applications are filed, were increased only once, in
1991, and have not been revised since.
The substantive revisions include the following:
instituting filing fees for projects sponsored by political
subdivisions of the basin states; for public projects costing
less than $250,000, charging a fee of $250; for privately
sponsored projects costing $250,000 or less, increasing the
fee from $250 to $500; for projects costing from $250,001 to
$10,000,000, increasing the fee from 0.1 to 0.2 percent of
project cost; and for projects costing over $10,000,000,
increasing the fee from 0.04 to 0.06 percent of project cost,
not to exceed $50,000. In addition, the surcharge for any
project resulting in an out-of-basin diversion is proposed to
be increased from 50 percent to double the fee calculated in
accordance with the foregoing. The method of calculating
project costs is proposed to remain unchanged. New fees are
proposed to be instituted for two types of actions: (1) a fee
of $5,000 is proposed for a request for an emergency
certificate under Section 2.3.9B of the Commission's Rules
of Practice and Procedure to waive or amend a docket
condition; and (2) a fee of $500 is proposed for the transfer
of a docket upon a change of ownership as defined in
Resolution No. 87-15. In all cases, if the fixed fee or fee
calculated in accordance with the prescribed formulas is
deemed by the executive director to be insufficient due to
exceptional costs associated with Commission review, it is
proposed that the Commission may charge the applicant 100
percent of all costs deemed by the executive director to be
exceptional. The revised fee schedule is proposed to become
effective on July 1, 2003 for all applications submitted on or
after July 1, 2003.
A draft resolution containing the proposed new fee
schedule may be viewed on the Commission's web site,
http://www.drbc.net. The current fee schedule, set forth in
Resolution No. 91-3, also may be viewed on the web site.
Dates. The public hearing will be held on June 26, 2003
during the Commission's regular business meeting, which
will begin at 1:00 p.m. The hearing will continue until all
those present who wish to testify are afforded an opportunity
to do so. Persons wishing to testify are asked to register in
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
1526 CALENDAR OF EVENTS/HEARING NOTICES
advance with the Commission Secretary, by phoning 609-
883-9500 x203. Although written comments will be
accepted through the close of the public hearing, persons
wishing to submit written comments only are asked to do so
by June 20.
Addresses. The public hearing will be held at the
Commission's offices at 25 State Police Drive in West
Trenton, New Jersey. Directions are posted on the
Commission's web site at http://www.drbc.net. Written
comments should be submitted electronically to
fees@drbc.state.nj.us, with a subject line reading "FEES."
The full name, street or post office address, and telephone
number for the entity or individual submitting the comment
must appear on all submissions.
Further Information, Contacts. Please contact
Pamela M. Bush at 609-883-9500, ext. 203 with questions
about this matter.
DELAWARE RIVER BASIN
COMMISSION
25 STATE POLICE DRIVE
P.O. BOX 7360
WEST TRENTON, NJ 08628-0360
The Delaware River Basin Commission will meet on
Thursday, May 8, 2003 in West Trenton, New Jersey. For
more information contact Pamela M. Bush, Commission
Secretary and Assistant General Council, at (609) 883-9500
ext. 203.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 11, THURSDAY, MAY 1, 2003
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