Delaware Register Regulations of Issue Date: October 1, 2010 Volume 14 - Issue 4, Pages 204 - 332 IN THIS ISSUE: Regulations: Proposed Final Governor: Executive Orders 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 September 15, 2010. INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 205 DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 13 DE Reg. 24-47 (07/01/09) Refers to Volume 13, pages 24-47 of the Delaware Register issued on July 1, 2009. 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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. INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 206 The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME November 1 October 15 4:30 p.m. December 1 November 15 4:30 p.m. January 1 December 15 4:30 p.m. February 1 January 17 4:30 p.m. March 1 February 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Jeffrey W. Hague, Registrar of Regulations; Robert Lupo, Printer; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Don Sellers, Printer; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II. TABLE OF CONTENTS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 207 Cumulative Tables............................................................................................................................. ............ 209 PROPOSED DEPARTMENT OF AGRICULTURE Nutrient Management Program 1201 Nutrient Management Certification Regulations........................................................... ............ 212 DEPARTMENT OF EDUCATION Office of the Secretary 225 Prohibition of Discrimination........................................................................................... ............ 221 505 High School Graduation Requirements and Diplomas................................................... ............ 222 746 Criminal Background Check for Student Teaching......................................................... ............ 227 930 Supportive Instruction (Homebound).............................................................................. ............ 231 Professional Standards Board 1517 Permits Predicators...................................................................................................... ............ 233 1583 School Psychologist...................................................................................................... ............ 238 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Durable Medical Equipment (DME) Provider Specific Policy Manual.................................... ............ 244 Division of Public Health 4459A Regulations for the Childhood Lead Poisoning Prevention Act.................................. ............ 246 DEPARTMENT OF INSURANCE 506 Crop Insurance Adjusters and Producers............................................................................. ............ 249 507 Workers’ Compensation Insurance Adjusters....................................................................... ............ 251 DEPARTMENT OF JUSTICE Fraud and Consumer Protection Division 103 Consumer Protection Unit Administrative Enforcement Proceedings............................. ............ 252 DEPARTMENT OF LABOR Division of Industrial Affairs Office of Labor Law Enforcement ......1327 Notice of Independent Contractor or Exempt Person Status................................. ............ 261 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1125 Requirements for Preconstruction Review, ................................................................. ............ 263 1130 Title V State Operating Permit Program....................................................................... ............ 263 1140 Delaware’s National Low Emission Vehicle (NLEV) Regulation................................... ............ 264 DEPARTMENT OF STATE Division of Professional Regulation 700 Board of Chiropractic...................................................................................................... ............ 268 5200 Board of Examiners of Nursing Home Administrators.................................................. ............ 281 Public Service Commission Regulation Docket No. 49: 3001 Regulations Governing Service Supplied by Electrical ......Corporations................................................................................................................... ............ 282 Regulation Docket No. 56: 3008 Rules and Procedures to Implement the Renewable Energy ......Portfolio Standard........................................................................................................... ............ 284 TABLE OF CONTENTS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 208 FINAL DEPARTMENT OF EDUCATION Professional Standards Board 1511 Issuance and Renewal of Continuing License............................................................. ............ 295 1521 Elementary Teacher..................................................................................................... ............ 299 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services DSSM: 3000 Technical Eligibility for Cash Assistance; 4000 Financial Responsibility....... ............ 304 DEPARTMENT OF INSURANCE 1404 Long-Term Care Insurance................................................................................................. ............ 316 DEPARTMENT OF JUSTICE Fraud and Consumer Protection Division 102 Debt Management Services........................................................................................... ............ 318 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1124 Control of Volatile Organic Compound Emissions, Section 11.0 Mobile Equipment Repair ..... and Refinishing............................................................................................................... ............ 319 1138 Emission Standards for Hazardous Air Pollutants for Source Categories.................... ............ 320 GOVERNOR Executive Order: No. 20: More Effectively Utilizing Information Technology Resources to Drive Cost Savings in State Government................................................................................................................. ............ 323 GENERAL NOTICES DEPARTMENT OF EDUCATION Office of the Secretary Personal Finance Content Standards Adoption.................................................................... ............ 325 CALENDAR OF EVENTS/HEARING NOTICES Dept. of Agriculture, Nutrient Management Program, Notice of Public Comment Period.................. ............ 327 State Board of Education, Notice of Monthly Meeting........................................................................ ............ 327 Dept. of Health and Social Services, Div. of Medicaid and Medical Assistance, Notice of Public Comment Period................................................................................................ ............ 327 Division of Public Health, Notice of Public Comment Period and Public Hearing.................... ............ 328 Dept. of Insurance, Notice of Public Comment Periods...................................................... ............ 328-329 Dept. of Justice, Fraud and Consumer Protection Division, Notice of Public Hearing................ ............ 329 Dept. of Labor, Division of Industrial Affairs, Notice of Public Comment Period.......................... ............ 330 Dept. of Natural Resources and Environmental Control, Div. of Air and Waste Management, Notice of Public Comment Periods.............................................................................................. ............ 330 Dept. of State, Division of Professional Regulation, Notice of Public Comment Period.. ............ 330-331 Public Service Commission, Notice of Public Comment Period and Public Hearing.. ............ 331-332 CUMULATIVE TABLES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 209 DELAWARE RIVER BASIN COMMISSION Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Update Water Quality Criteria for Toxic Pollutants in the Delaware Estuary and Extend These Criteria to the Delaware Bay................................................ 14 DE Reg. 70 (Prop.) DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations..................................................... 14 DE Reg. 134 (Prop.) 501 Harness Racing Rules and Regulations, Subsection 5.1.8 Substance Abuse/Addiction........................................................................................... 14 DE Reg. 23 (Final) DEPARTMENT OF EDUCATION Office of the Secretary 251 Family Educational Rights and Privacy Act (FERPA)................................. 14 DE Reg. 26 (Final) 405 Minor Capital Improvement Programs......................................................... 14 DE Reg. 135 (Prop.) 501 State Content Standards............................................................................. 14 DE Reg. 6 (Prop.) 14 DE Reg. 167 (Final) 545 K to 12 School Counseling Programs......................................................... 14 DE Reg. 28 (Final) 727 Credit for Experience for Educators and for Secretarial Staff...................... 14 DE Reg. 138 (Prop.) 920 Educational Programs for English Language Learners (ELLs)................... 14 DE Reg. 103 (Final) 940 Early Admission to Kindergarten for Gifted Students.................................. 14 DE Reg. 140 (Prop.) Professional Standards Board 1503 Educator Mentoring .................................................................................. 14 DE Reg. 29 (Final) 1521 Elementary Teacher.................................................................................. 14 DE Reg. 83 (Prop.) DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Long Term Care Residents Protection 3220 Training and Qualifications for Nursing Assistants and Certified Nursing Assistants.................................................................................................... 14 DE Reg. 169 (Final) Division of Medicaid and Medical Assistance Combining §1915(c) Home and Community-Based Services Waivers.............. 14 DE Reg. 88 (Prop.) Non-Emergency Medical Transportation Services............................................. 14 DE Reg. 103 (Final) School-Based Wellness Center Clinic Services................................................. 14 DE Reg. 142 (Prop.) Division of Public Health 4455 Delaware Regulations Governing a Detailed Plumbing Code................... 14 DE Reg. 36 (Final) Division of Social Services DSSM: 3000 Temporary Assistance for Needy Families (TANF) - Definition.... 14 DE Reg. 91 (Prop.) 3000.4 TANF and State Only Foster Care............................................ 14 DE Reg. 91 (Prop.) 3004 Specified Relationship.................................................................. 14 DE Reg. 91 (Prop.) 3004.1 Living in the Home.................................................................... 14 DE Reg. 91 (Prop.) 3010 Participation and Cooperation in Developing CMR...................... 14 DE Reg. 91 (Prop.) 3018 General Assistance (GA)............................................................. 14 DE Reg. 91 (Prop.) 3021 Unrelated Children....................................................................... 14 DE Reg. 91 (Prop.) 3022 Ineligibility Due to Family Cap...................................................... 14 DE Reg. 91 (Prop.) 3027 Age as a Condition of Eligibility.................................................... 14 DE Reg. 91 (Prop.) 3027.2 Minor Parents............................................................................ 14 DE Reg. 91 (Prop.) 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.). CUMULATIVE TABLES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 210 3028.1 Mandatory Composition of Assistance Units............................. 14 DE Reg. 91 (Prop.) 3028.2 Optional Composition of Assistance Units................................. 14 DE Reg. 91 (Prop.) 4001 Family Budget Group.................................................................... 14 DE Reg. 91 (Prop.) 4001.1 Examples to Illustrate Rules Regarding Budget Groups........... 14 DE Reg. 91 (Prop.) 4004.3 Earned Income Disregards in GA.............................................. 14 DE Reg. 91 (Prop.) 4007.1 Standards of Need/Payment Standard - GA............................. 14 DE Reg. 91 (Prop.) 4009 Determining Financial Eligibility and Grant Amounts in GA.......... 14 DE Reg. 91 (Prop.) 11003.9.1: Income ................................................................................ 14 DE Reg. 8 (Prop.) 14 DE Reg. 178 (Final) 11003.9.5: Making Income Determinations .......................................... 14 DE Reg. 8 (Prop.) 14 DE Reg. 178 (Final) 11004.2: Interviews ............................................................................... 14 DE Reg. 11 (Prop.) 14 DE Reg. 182 (Final) 11004.9: Authorizing Service ................................................................ 14 DE Reg. 11 (Prop.) 11005.4: Overpayments........................................................................ 14 DE Reg. 15 (Prop.) 14 DE Reg. 187(Final) 11005.4.1: Determine the Overpayment Amount.................................. 14 DE Reg. 15 (Prop.) 11005.4.2: Overpayment Notices.......................................................... 14 DE Reg. 15 (Prop.) 11005.4.3: Role of Audit and Recovery................................................. 14 DE Reg. 15 (Prop.) 11006.3 Service Authorization............................................................... 14 DE Reg. 39 (Final) Division of Substance Abuse and Mental Health 6001 Substance Abuse Facility Licensing Standards........................................ 14 DE Reg. 18 (Prop.) DEPARTMENT OF INSURANCE 704 Homeowners Premium Consumer Comparison ............................................... 14 DE Reg. 41 (Final) 901 Arbitration of Automobile and Homeowners’ Insurance Claims (Withdrawn).... 14 DE Reg. 44 (Final) 908 Procedures for Responding to Freedom of Information Requests..................... 14 DE Reg. 144 (Prop.) 1208 New Annuity Mortality Table for Use in Determining Reserve Liabilities for Annuities ...................................................................................................... 14 DE Reg. 48 (Final) 1218 Determining Reserve Liabilities For Credit Life Insurance .............................. 14 DE Reg. 49 (Final) 1404 Long-Term Care Insurance.............................................................................. 14 DE Reg. 92 (Prop.) DEPARTMENT OF JUSTICE Fraud and Consumer Protection Division 102 Debt Management Services........................................................................ 14 DE Reg. 93 (Prop.) DEPARTMENT OF LABOR Division of Industrial Affairs 1101 Apprenticeship and Training Regulations.................................................. 14 DE Reg. 50 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1138 Emission Standards for Hazardous Air Pollutants for Source Categories. 14 DE Reg. 147 (Prop.) Division of Fish and Wildlife 3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas......................... 14 DE Reg. 113 (Final) 3541 Atlantic Sharks.......................................................................................... 14 DE Reg. 191 (Final) 3702 Defnitions.................................................................................................. 14 DE Reg. 117 (Final) 3771 Oyster Harvesting Licensee Requirements............................................... 14 DE Reg. 117 (Final) 3901 Definitions.................................................................................................. 14 DE Reg. 52 (Final) 3902 Method of Take.......................................................................................... 14 DE Reg. 52 (Final) 3903 Federal Laws and Regulations Adopted................................................... 14 DE Reg. 52 (Final) 3904 Seasons.................................................................................................... 14 DE Reg. 52 (Final) 3907 Deer.......................................................................................................... 14 DE Reg. 52 (Final) 3921 Guide License........................................................................................... 14 DE Reg. 52 (Final) CUMULATIVE TABLES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 211 3922 Hunter and Trapper Identification Number................................................ 14 DE Reg. 52 (Final) Division of Water Resources 7201 Regulations Governing the Control of Water Pollution, Section 9.5, Concentrated Animal Feeding Operation (CAFO)...................................... 14 DE Reg. 19 (Prop.) DEPARTMENT OF STATE Division of Historical and Cultural Affairs 100 Historic Preservation Tax Credit Program................................................... 14 DE Reg. 148 (Prop.) Division of Professional Regulation Delaware Gaming Control Board 101 Regulations Governing Bingo.............................................................. 14 DE Reg. 156 (Prop.) 100 Board of Accountancy................................................................................. 14 DE Reg. 54 (Final) 2700 Board of Registration for Professional Land Surveyors............................ 14 DE Reg. 102 (Prop.) 8800 Boxing and Combative Sports Rules and Regulations............................. 14 DE Reg. 20 (Prop.) Public Service Commission 1008 Regulations Governing Requests made pursuant to the Freedom of Information Act............................................................................................ 14 DE Reg. 162 (Prop.) 2002 Regulations Governing Certificates of Public Convenience and Necessity for Water Utilities........................................................................ 14 DE Reg. 120 (Final) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy 2307 Delaware Safe Routes to School Regulations.......................................... 14 DE Reg. 56 (Final) 2311 Long-Term Lease Policies and Practices.................................................. 14 DE Reg. 21 (Prop.) 14 DE Reg. 196 (Final) EXECUTIVE DEPARTMENT Office of Management and Budget Freedom of Information Act Regulation............................................................. 14 DE Reg. 57 (Final) DEPARTMENT OF AGRICULTURE 10 DE Reg. 1794 (06/01/07) 4.1.1 Nutrient generator certification - A nutrient generator who owns or operates any animal feeding operation in excess of eight animal units must have a nutrient generator certificate. 4.1.2 Private nutrient handler certification - A private nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters owned, leased, or otherwise controlled by such handler must have a private nutrient handler certificate. 4.1.3 Commercial nutrient handler certification - A commercial nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters of the state must have a commercial nutrient handler certificate. 4.1.4 Nutrient consultant certification - A nutrient consultant who is engaged in the provision of nutrient management advice or the formulation of a nutrient management plan or in nutrient management planning as it relates to the application or disposal of nutrients at or from a specific site in the State of Delaware must have a nutrient consultant certificate. 5.4.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.4.2 The applicant must pass a written test approved by the Commission. 5.5.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application. 5.5.2 The applicant must pass a written test approved by the Commission. 6.2.1 The surface area of application is impervious such as sidewalks, roads and other paved areas and the misdirected fertilizer is not removed on the same day of application; 6.2.2 The surface area is covered by snow or frozen; or 6.2.3 The date of application is between December 7 and February 15. 6.3.1 For any person required to develop and implement a nutrient management plan and who stores, handles, or stages any manure in any area that may be exposed to rainfall, the following requirements must be met. 6.3.2 Any outdoor storage of manure within the production areas, or staging within the application areas must be the result of exhausting manure storage structure space available by the nutrient generator or nutrient applicator of such manure. Stockpiling must be performed in accordance with State Technical Standards. 6.3.3 Any outdoor stockpiling of poultry manure within the production area or any area other than the application area will be limited to 14 days without a cover. 6.3.4 Any outdoor temporary field staging of poultry manure within the application area will be limited to 90 days. 6.3.4.1 Authorization for exceeding the 90 day time period may be granted on a case by case situation if approved by the nutrient consultant and reported to the nutrient management program administrator. Please refer to State Technical Standards. 6.3.5 In order to prevent discharges of pollutants to surface waters, any outdoor staging of poultry manure within the application area shall be handled according to the following: 6.3.5.1 The manure must be at least 6 feet high and in a conical cross section shape; and 6.3.5.2 Poultry litter manure shall not consist of more than 5% crust out material; and 6.3.5.3 The selection of the staging site must consider the highest, most practical site possible and shall not use the same site more than once every two years (unless allowable under conditions as described in the State Technical Standards). Refer to State Technical Standards; and 6.3.5.4 The staging site must be located at least 100 feet from a public road, 100 feet from any surface water and 200 feet from any residence not located on the property; and 6.3.5.5 The staging site must be at least 200 feet from a domestic well and 300 feet from a public water supply well; and 6.3.5.6 Post litter removal treatment must include the removal of all litter and the top 1-2 inches of topsoil if the topsoil is co-mingled with the litter to prevent nutrient loads; and 6.3.5.7 A production crop or vegetative cover crop must be established and maintained at the staging site as soon as practical following post removal treatment. 10 DE Reg. 1794 (06/01/07) 10 DE Reg. 1794 (06/01/07) 8.1.1 Nutrient generator - 6 credits of continuing education in each three-year period following the issuance of the certification. 8.1.2 Private nutrient handlers - 6 credits of continuing education in each three-year period following the issuance of the certification. 8.1.3 Commercial nutrient handlers - 6 credits of continuing education in each three-year period following the issuance of the certification. 8.1.4 Nutrient consultants - 5 credits of continuing education each year following the issuance of the certification. 9 DE Reg. 966 (12/01/05) 10 DE Reg. 1794 (06/01/07) 10 DE Reg. 1794 (06/01/07) 10 DE Reg. 1794 (06/01/07) 10 DE Reg. 1794 (06/01/07) 10 DE Reg. 1794 (06/01/07) 13.1.1 A contemporaneously recorded log that contains the dates, approximate quantities, locations, and disposition (stored, shipped, etc.) of nutrients that are applied to land or transported from land owned, leased or otherwise controlled by the Nutrient Generator. 13.1.2 A copy of any applicable nutrient management plan. 13.2.1 A contemporaneously recorded log showing the dates, locations, approximate quantities, acreage and methods of nutrient application. 13.2.2 A copy of any applicable nutrient management plan. 10 DE Reg. 1794 (06/01/07) 4 DE Reg. 1117 (01/01/01) 10 DE Reg. 1794 (06/01/07) DEPARTMENT OF EDUCATION Education Impact Analysis Pursuant To 14 Del.C. Section 122(D) 2 DE Reg. 1246 (01/01/99) 7 DE Reg. 1177 (03/01/04) 9 DE Reg. 1069 (01/01/06) 10 DE Reg. 1802 (06/01/07) 12 DE Reg. 934 (01/01/09) 10 DE Reg. 1802 (06/01/07) 3.1.1 Students shall complete mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. 3.1.2 Scientific investigations related to the State Science Standards shall be included in all three science course requirements. 3.1.3 During the senior year students shall maintain a credit load each semester that earns them at least a majority of credits that could be taken that semester including one (1) of the four credits required in Mathematics. 3.1.3.1 Senior year credits shall include regular high school course offerings, the options available in 8.0 or a combination of both. 3.1.3.1.1 Options for the senior year in 3.1.3.1 that the districts and charter schools provide shall be submitted to the Department with a copy to the office of the State Board of Education for review. 4.2.1 Actively monitoring student progress, on an ongoing basis and, at a minimum, by the end of each marking period in those courses required for graduation, 4.2.2 Providing support services if a student is failing or in danger of failing courses required for graduation, and 4.2.3 Annual updating of the Student Success plans by the student, the student's advisor, at least one other staff member and the student's parent(s) guardian(s) or relative caregiver] and others as appropriate. 4.2.4 Following the guidelines for Career and Technical Education (CTE) programs of study outlined in the CTE State Plan. 4.2.5 Reviewing each student’s transcript at the end of the first and second year of high school to determine if the student is on track to graduate based on the following criteria: 4.2.5.1 At the end of the first year of high school the student has earned at least three (3) core course credits and two (2) other course credits for a total of five (5) course credits; and 4.2.5.2 At the end of the second year of high school the student has earned at least six (6) core course credits and four (4) other course credits for a total of ten (10) course credits. 4.2.5.3 For a student with an Individualized Education Program (IEP), on track to graduate shall be consistent with 4.2.5.1 and 4.2.5.2 unless otherwise determined by the student’s IEP Team. 10 DE Reg. 1802 (06/01/07) 12 DE Reg. 934 (01/01/09) 5.2.1 Earning a minimum of two (2) World Language credits in the same language or, 5.2.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of speaking, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education. 10 DE Reg. 1802 (06/01/07) 12 DE Reg. 934 (01/01/09) 10 DE Reg. 1802 (06/01/07) 10 DE Reg. 1802 (06/01/07) 8.1.1 Courses taken at or through an accredited community college, two or four year college. 8.1.2 Voluntary community service as defined in 14 Del.C. §§8901A and 8902A. 8.1.3 Supervised work experience in the school and the community which meets the educational objectives or special career interest of the individual student. 8.1.4 Independent study. 8.1.5 Correspondence Courses. 8.1.6 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video. 8.1.7 High school courses taken while in the middle school in conjunction with an articulated agreement between the district middle school and the district high school(s). Such credit shall also transfer to a high school in another district or to a charter school. 8.1.8 Course credit transferred from another high school. 8.1.9 Course credit earned through summer or evening school classes, as a member of the military service or as part of the James H. Groves Adult High School. 8.1.10 Tutoring programs taught by a teacher certified in the subject being taught. 8.1.11 Course credit awarded by agencies or instrumentalities of the state other than public schools which provide educational services to students. A description of the program provided to the student, grades given, and the number of clock hours of instruction or a demonstration of competency must be provided to the school district or charter school prior to receipt of credit. 9.5.1 “World War II Veteran” means any veteran who performed wartime service between December 7, 1941 and December 31, 1946. If the veteran was in the service on December 31, 1946, continuous service before July 16, 1947 is considered World War II. 9.5.2 The Department shall provide a high school diploma to any World War II veteran who: 9.5.2.1 Left a Delaware high school prior to graduation in order to serve in the armed forces of the United States. 9.5.2.2 Did not receive a high school diploma, or received a G.E.D., as a consequence of such service and, 9.5.2.3 Was discharged from the armed forces under honorable circumstances. 9.5.3 The diploma may also be awarded posthumously if the deceased veteran meets the qualifications in 9.5.2.1 through 9.5.2.3. 9.5.4 Applications for this high school diploma shall be made on forms designated by the Department and the Delaware Commission of Veterans Affairs and shall have a copy of the candidate’s honorable discharge papers attached to the application. 4 DE Reg. 995 (12/01/00) 5 DE Reg. 625 (09/01/01) 7 DE Reg. 1344 (04/01/04) 10 DE Reg. 547 (09/01/06) 12 DE Reg. 934 (01/01/09) 2.3.1 After notification by the higher education institution that he/she is a candidate for a Student Teaching Position, the candidate shall present him/herself to State Bureau of Identification personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the higher education institution. 2.3.2 The candidate shall cooperate in all respects with this criminal background check process, or his/ her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification, which may be shown to the candidate’s placing higher education institution as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records. 2.3.3 The candidate shall request the State Bureau of Identification send original versions of the criminal background check to both the candidate and higher education institution. 2.3.3.1 Provided further, a candidate attending a private Delaware Higher Education Institution shall provide a copy of his/her state and federal criminal history record, certified by the State Bureau of Identification, to the designated person at the placing private Delaware Higher Education Institution. 12 DE Reg. 1306 (04/01/09) 13 DE Reg. 843 (12/01/09) 3.1.1 If a determination is made to deny a candidate placement into a student teaching position based upon the higher education institution’s review of the criminal history, the higher education institution may provide for an appeal process. 3.3.1 Each school district and charter school shall establish the process and criteria for determining suitability for placement of a candidate in a Student Teaching Position in its school(s). 3.3.2 The criteria for determining the suitability and subsequent placement of a candidate in a student teaching position may vary among the districts and charter schools. In addition, a school district or charter school may have criteria for student teaching placement that differs from the criteria for public school employment. 3.3.3 The school district or charter school shall provide the candidate’s higher education institution the decision to place or deny a candidate in a Student Teaching Position placement in writing. 3.4.1 The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check; 3.4.2 The criminal background check shall be sent directly from the criminal background check agency in the other state to the higher education institution; 3.4.3 The out of state candidate shall sign a release to allow the higher education institution receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks. 4.1.1 Access to criminal background check records, letters of reference accompanying out of state criminal background checks, and determination of suitability shall be limited to the higher education institution officer responsible for student teacher assignments and one person designated to assist in the processing of criminal background checks; and the district superintendent or charter school director and the district or charter school chief personnel officer responsible for the determination of suitability in the placing district or charter school. These persons shall be required to sign an agreement to keep such information confidential and employ proper precautions to insure that interoffice communications remain confidential; 4.1.2 All such records shall be kept in locked, fireproof cabinets; 4.1.3 No information from such records shall be released without the signed approval of and the appropriate signed release of the candidate or person placed in a Student Teaching Position. 12 DE Reg. 329 (09/01/08) 12 DE Reg. 1306 (04/01/09) 2.1.1 A physician must certify absences due to a medical condition. 2.1.2 Absences due to severe adjustment problems must be certified by a psychologist or psychiatrist and confirmed through a staff conference. 2.1.3 A physician must certify absences due to pregnancy complicated by illness or other abnormal conditions. 2.1.3.1 Students do A student does not qualify for supportive instruction for normal pregnancies unless there are complications. 2.1.3.2 Students A student who remain enrolled in school are is eligible for supportive instruction during a postpartum period not to exceed six weeks. Postpartum absences must be certified by a physician. 9 DE Reg. 402 (9/1/05) 3.1.1 Supportive instruction shall adhere to the extent possible to the student's school curriculum and shall make full use of the available technology in order to facilitate the instruction. 3.1.1.1 The school shall provide a minimum of 3 hours of supportive instruction each week of eligibility for students a K to 5th grade student, and a minimum of five hours each week of eligibility for students a 6 to 12th grade student. There is no minimum for in school transition. 3.1.1.2 Nothing in this regulation shall prevent a school district school from providing additional hours of supportive instruction to an eligible students from either its Academic Excellence allotment or other available funding sources. 3.1.2 Summer instruction is permitted for a student who is otherwise eligible for supportive instruction and, as determined by the student's teachers and principal, needs the instruction to complete course work or to maintain a level of instruction in order to continue in a school program setting the following school year. 4 DE Reg. 344 (8/1/00) 4 DE Reg. 497 (9/1/00) 9 DE Reg. 402 (9/1/05) 9 DE Reg. 139 (7/1/05) 3.1.1 cCompletion of at least two (2) years of study in general or educational studies at an institution of higher education; or 3.1.2 rReceipt of an associate's or higher degree; or 3.1.3 evidence Completion of a high school diploma or its recognized equivalent, and a passing score on a rigorous assessment of knowledge of, and the ability to assist in, the instruction in reading, writing, and mathematics. 3.1.3.1 Assessments which are accepted as providing evidence of knowledge and ability to assist in the instruction in reading, writing, and mathematics include: 3.1.3.1.1 Para Pro assessment with a qualifying score of 459 or higher. 3.1.3.1.2 Accuplacer Test, if taken before April 1, 2003, with the following qualifying scores: 3.1.3.1.2.1 Mathematics: greater than or equal to a total right score of 94 on arithmetic. 3.1.3.1.2.2 English: greater than or equal to a total right score of 87. 3.1.3.1.2.3 Reading: greater than or equal to a total right score of 78. 3.1.3.1.32 Such alternative as may be established by the Standards Board, with the approval of the State Board.; and 3.1.4 Submits sufficient verifiable evidence of qualifications to the Department. 3.3.1 Accordingly, Title I paraeducators hired before January 8, 2002 who do not meet the requirements set forth in 3.1 above, with the exception of the high school diploma or its recognized equivalent, shall be issued a Title I paraeducator permit which shall expire on June 30, 2006 unless evidence of meeting the requirements set forth in 3.1 above is provided prior thereto. If such evidence is provided to the Department prior to June 30, 2006 the permit shall expire five years from the date of issuance and may be renewed pursuant to 5.0. 3.42.1 The district, charter school, or other employing authority shall submit the approved application form, official transcripts or official scores on an assessment of knowledge of, and the ability to assist in, the instruction in reading, writing, and mathematics, to the Department on behalf of the applicant. The district, charter school or other employing authority shall certify as part of the application form that the applicant, in their opinion, meets the requirements of Section 3.0. 3.42.1.1 Official transcripts shall be forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope to the district, charter school or other employing authority. 3.42.1.2 Test scores shall be official and sent directly from Educational Testing Service or other test vendor to the district, charter school or other employing authority. Unopened, unaltered envelopes containing test scores sent to an individual may be accepted as official. The Department shall determine whether the scores, as presented, are acceptable. 3.2.2 Unemployed applicants shall submit sufficient verifiable evidence of qualifications to the Department. 9 DE Reg. 232 (8/1/05) 9 DE Reg. 232 (8/1/05) 56.2.1 College credit completed at a regionally accredited college or university with a grade of "C" or better or a "P" in a pass or fail course (One [1] semester hour equals fifteen [15] clock hours). 56.2.2 Planned school professional development day (maximum six (6) clock hours per day). 56.2.3 Professional conference, workshop, institute, or academy that contributes to the participant's knowledge, competence, performance, or effectiveness as a paraeducator (verified clock hours actively involved in workshop or conference sessions). 56.2.4 Participation on a school, district, or state sponsored committee which has as its focus curriculum, instruction, or school or district improvement (verified clock hours of service or experience). 6.3.1 College courses taken at a regionally accredited College or University. College or University Credit shall be taken for credit and the educator shall attain a grade of "C" or better in the course, or a "P" in Pass / Fail course. [One (1) semester hour equals fifteen (15) clock hours.] 6.3.2 Professional development programs targeting curriculum, instruction, assessment, school climate, or other identified need. 6.3.3 A Committee, Professional Learning Community (PLC), Conference, Workshop, Institute or Academy that contribute to the participant's knowledge and skills, competence, performance or effectiveness in education that are directly connected to the school, district or charter school’s Success Plan or State initiative. This option includes workshops offered by districts or other employing authorities either as part of a professional development day or during after school hours. 8.3.1 The Secretary’s decision shall be final. 5 DE Reg. 856 (10/1/01) 7 DE Reg. 1006 (2/1/04) 8 DE Reg. 1141 (2/1/05) 9 DE Reg. 139 (7/1/05) 9 DE Reg. 232 (8/1/05) Renumbered effective 6/1/07 - see Conversion Table “Department” means the Delaware Department of Education. “Internship” means a supervised, culminating, comprehensive field experience, completed at or near, the end of formal training, through which school psychology candidates have the opportunity to integrate and apply professional knowledge and skills acquired in prior courses and practica, as well as to acquire new competencies consistent with training program goals. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “School Setting” means a setting in which educational services are provided to children of diverse backgrounds, characteristics, abilities, disabilities, and needs age birth through 20 years inclusive, provided such setting is approved by the appropriate local governmental authority. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. 3.2.1 A supervised internship of no less than 1200 hours, completed at or near the end of the program, completed either full time or half time over a period of no more than two consecutive years, at least 600 hours of which must be in a school setting; or 3.3.1 Evidence of substantial graduate level preparation in the following areas. Substantial preparation may be acquired through one or more courses devoted specifically to an area, or significant portions of one or more courses. Candidates may be required to provide additional documentation to demonstrate such preparation. 3.3.1.1 Data based Decision Making and Accountability: Coursework and practicum or internship experiences that demonstrate knowledge and skills on the use of various models and methods of assessment that yield information for identifying strengths and needs, understanding problems, identifying disabilities, and measuring progress and accomplishments; 3.3.1.2 Consultation and Collaboration: Coursework and Practicum or Internship experiences that demonstrate knowledge of behavioral, mental health, collaborative, or other consultation models and methods and their application to planning and decision making processes at the individual, group, and system levels; 3.3.1.3 Effective Instruction and Development of Cognitive and Academic Skills: Coursework and practicum or internship experiences that demonstrate knowledge of human learning processes, techniques to assess these processes, and direct and indirect services applicable to the development of cognitive and academic skills. Coursework in this area includes but is not limited to development of instructional interventions; 3.3.1.4 Socialization and Development of Life Skills: Coursework and practicum or internship experiences that demonstrate knowledge of human developmental processes, techniques to assess these processes, and direct and indirect services applicable to the development of behavioral, affective, adaptive, and social skills. Coursework in this area includes behavioral assessment or intervention, and counseling; 3.3.1.5 School and Systems Organization, Policy Development, and Climate: Coursework and practicum or internship experiences that demonstrate knowledge of policies and practices in general education, special education, and other educational and related services systems. Coursework in this area includes attention to the development of policies and practices that create and maintain safe, supportive, and effective learning environments for children and others; 3.3.1.6 Prevention, Crisis Intervention, and Mental Health: Coursework and practicum or internship experiences that demonstrate knowledge of human development and psychopathology and of associated biological, cultural, and social influences on human behavior. Coursework in this area includes promotion of student mental health and knowledge of crisis intervention procedures; 3.3.1.7 Home, School and Community Collaboration: Coursework and practicum or internship experiences that demonstrate knowledge of family systems, including family strengths and influences on student development, learning, and behavior; and of methods to involve families in education and service delivery; 3.3.1.8 Research and Program Evaluation: Coursework and practicum or internship experiences that demonstrate knowledge of research, statistics, and evaluation methods. Coursework in this area includes content related to evaluating research, translating research into practice, and understanding research design and statistics in sufficient depth to plan and conduct investigations and program evaluations for improvement of services; 3.3.1.9 School Psychology Practice and Development: Coursework and practicum or internship experiences that demonstrate knowledge of the history and foundations of the profession of school psychology; of various service models and methods; of public policy development applicable to services to children and families; and of ethical, professional, and legal standards; 3.3.1.10Student Diversity in Development and Learning: Coursework and practicum or internship experiences that demonstrate knowledge of individual differences, abilities, and disabilities and of the potential influence of biological, social, cultural, ethnic, experiential, socioeconomic, gender related, and linguistic factors in development and learning; and 3.3.1.11Information Technology: Coursework and practicum or internship experiences the demonstrate knowledge of information sources and technology relevant to their work, including the ability to access, evaluate, and utilize information sources and technology in ways that safeguard or enhance the quality of services; and 3.3.2 A supervised internship of no less than 1200 hours, completed at or near the end of the program, completed either full time or half time over a period of no more than two consecutive years, at least 600 hours of which must be in a school setting; or 3.6.1 Evidence of substantial graduate level preparation in the following areas. Substantial preparation may be acquired through one or more courses devoted specifically to an area, or significant portions of one or more courses. Candidates may be required to provide additional documentation to demonstrate such preparation. 3.6.1.1 Data based Decision Making and Accountability: Coursework and practicum or internship experiences that demonstrate knowledge and skills on the use of various models and methods of assessment that yield information for identifying strengths and needs, understanding problems, identifying disabilities, and measuring progress and accomplishments; 3.6.1.2 Consultation and Collaboration: Coursework and practicum or internship experiences that demonstrate knowledge of behavioral, mental health, collaborative, and other consultation models and methods and their application to planning and decision making processes at the individual, group, and system levels; 3.6.1.3 Effective Instruction and Development of Cognitive Academic Skills: Coursework and practicum or internship experiences that demonstrate knowledge of human learning processes, techniques to assess these processes, and direct and indirect services applicable to the development of cognitive and academic skills. Coursework in this area includes development of instructional interventions; 3.6.1.4 Socialization and Development of Life Skills: Coursework and practicum or internship experiences that demonstrate knowledge of human developmental processes, techniques to assess these processes, and direct and indirect services applicable to the development of behavioral, affective, adaptive, and social skills. Coursework in this area includes behavioral assessment or intervention, and counseling; 3.6.1.5 School and Systems Organization, Policy Development, and Climate: Coursework and practicum or internship experiences that demonstrate knowledge of policies and practices in general education, special education, and other educational and related services systems. Coursework in this area includes attention to the development of policies and practices that create and maintain safe, supportive, and effective learning environments for children and others;. 3.6.1.6 Prevention, Crisis Intervention, and Mental Health: Coursework and practicum or internship experiences that demonstrate knowledge of human development and psychopathology and of associated biological, cultural, and social influences on human behavior. Coursework in this area includes promotion of student mental health and knowledge of crisis intervention procedures; 3.6.1.7 Home, School and Community Collaboration: Coursework and practicum or internship experiences that demonstrate knowledge of family systems, including family strengths and influences on student development, learning, and behavior; and of methods to involve families in education and service delivery; 3.6.1.8 Research and Program Evaluation: Coursework and practicum/internship experiences that demonstrate knowledge of research, statistics, and evaluation methods. Coursework in this area includes content related to evaluating research, translating research into practice, and understanding research design and statistics in sufficient depth to plan and conduct investigations and program evaluations for improvement of services; 3.6.1.9 School Psychology Practice and Development: Coursework and practicum or internship experiences that demonstrate knowledge of the history and foundations of the profession of school psychology; of various service models and methods; of public policy development applicable to services to children and families; and of ethical, professional, and legal standards; 3.6.1.10Student Diversity in Development and Learning: Coursework and practicum/internship experiences that demonstrate knowledge of individual differences, abilities, and disabilities and of the potential influence of biological, social, cultural, ethnic, experiential, socioeconomic, gender related, and linguistic factors in development and learning; and 3.6.1.11Information Technology: Coursework and practicum or internship experiences the demonstrate knowledge of information sources and technology relevant to their work, including the ability to access, evaluate, and utilize information sources and technology in ways that safeguard or enhance the quality of services; and 3.6.2 A supervised internship of no less than 1200 hours, completed at or near the end of the program, completed either full time or half time over a period of no more than two consecutive years, at least 600 hours of which must be in a school setting. Applicants who meet all of the requirements above except 600 hours of internship in a school setting may complete the school based internship requirements under an emergency certificate. 3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and 3.1.3 Has satisfied the additional requirements in this regulation. 4.1.1 NASP or APA School Psychology Degree: 4.1.1.1 Has successfully completed an organized graduate level program of study in “School Psychology” offered by a regionally accredited college or university and approved by the National Association of School Psychologists (NASP) or the American Psychological Association (APA), culminating in a Masters with an additional Educational Specialist (Ed.S.) degree or a Doctoral degree in School Psychology; and 4.1.1.2 Has successfully completed a supervised internship 4.1.2 NCSP Certificate: 4.1.2.1 Holds a valid Nationally Certified School Psychologist (NCSP) Certificate from the National Association of School Psychologists (NASP). 4.1.3 License or certificate from other state: 4.1.3.1 Holds a valid and current license or certificate from another state in school psychology. 4.1.1 A written agreement specifying the period of appointment and any terms of compensation; 4.1.2 A schedule of appointments, expense reimbursement, a safe and secure work environment, adequate office space, and support services consistent with that afforded to school psychologists employed by the approved internship institution or agency; 4.1.3 Provision for participation in continuing professional development activities; 4.1.4 Release time for internship supervision; and 4.1.5 A commitment to the internship as a diversified training experience. 8 DE Reg. 448 (09/01/04) Renumbered effective 6/1/07 - see Conversion Table 3.5.4 If purchase is the only option (such as for a custom-made wheelchair), or is determined to be the most cost effective method of providing the equipment, the equipment will become the property of the client after the DMAP reimbursement is made. Items specified below, purchased by DMMA shall be the property of DMMA. Other equipment purchased by DMMA will become the property of the client after the DMAP reimbursement is made. 1.1.1 These regulations are adopted by the Secretary of Delaware Health and Social Services pursuant to 16 Del.C., §122(3)(t) and § 2602. These regulations establish standards for blood lead testing of children between 22 and 26 months of age who are at high risk of lead poisoning. These regulations also establish a record retention policy, enforcement modalities and penalties for violators. DEPARTMENT OF INSURANCE 5.3.1 Assume responsibility for the administration and grading of the examination; and 5.3.2 Charge and collect from each applicant the fee for administering the examination. DEPARTMENT OF INSURANCE 5.2.1 Assume responsibility for the administration and grading of the examination; and 5.2.2 Charge and collect from each applicant the fee for administering the examination. DEPARTMENT OF JUSTICE 2.4.1 Representing oneself. When an individual first makes any filing or otherwise appears on his or her own behalf before a hearing officer in a proceeding, he or she shall file with the hearing officer or otherwise state on the record, and keep current, an address at which any notice or other written communication required to be served upon him or her or furnished to him or her may be sent and a telephone number where he or she may be reached during business hours. 2.4.2 Attorneys. When an attorney first makes any filing or otherwise appears in a representative capacity before a hearing officer in a proceeding, he or she shall file with the hearing officer, and keep current, a written notice of appearance stating the name of the proceeding; the attorney's name, bar identification number, business address, telephone number, and electronic mail address; and the name and address of the person or persons represented. 2.4.3 Withdrawal. Withdrawal by any attorney shall be permitted only by written order of the hearing officer. A motion seeking leave to withdraw shall state with specificity the reason for such withdrawal. 7.2.1 When required. In every administrative proceeding, each paper, including each notice of appearance, written motion, brief, or other written communication, shall be served upon each party in the proceeding in accordance with the provisions of this section. 7.2.2 Upon a person represented by counsel. Whenever service is required to be made upon a person represented by counsel who has filed a notice of appearance pursuant to Rule 2.0, service shall be made pursuant to paragraph 7.2.3 of this section upon counsel, unless service upon the person represented is ordered by the hearing officer. 7.2.3 How made. Service shall be made by delivering a copy of the filing. “Delivering” means: 7.2.3.1 Personal service by handing a copy to the person required to be served; or leaving a copy at the person's office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed, or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; 7.2.3.2 Mailing the papers through the U.S. Postal Service by first class, registered, or certified mail or Express Mail delivery addressed to the person; 7.2.3.3 Sending the papers through a commercial courier service or express delivery service; or 7.2.3.4 Transmitting the papers by facsimile machine or electronic mail transmission where the following conditions are met: 7.2.3.4.1 The persons serving each other by facsimile transmission or electronic mail transmission have agreed to do so in a writing, and 7.2.3.4.2 Receipt of each document served is confirmed electronically or by a manually signed receipt. 7.2.4 When service is complete. Personal service, service by U.S. Postal Express Mail or service by commercial courier or express delivery service is complete upon delivery. Service by mail is complete upon mailing. Service by facsimile or electronic mail transmission is complete upon confirmation of transmission. 9.1.1 Be on one grade of unglazed white paper measuring 8-1/2 x 11 inches, except that, to the extent that the reduction of larger documents would render them illegible, such documents may be filed on larger paper; 9.1.2 Be typewritten or printed in either ten or twelve-point typeface or otherwise reproduced by a process that produces permanent and plainly legible copies; 9.1.3 Include at the head of the paper, or on a title page, the title of the proceeding, the names of the parties, the subject of the particular paper or pleading, and the file number assigned to the proceeding; 9.1.4 Be paginated with all margins at least one inch wide; 9.1.5 Be double-spaced, with single-spaced footnotes and single-spaced indented quotations; and 9.1.6 Be stapled, clipped or otherwise fastened in the upper left corner. 10.2.1 The signature of counsel or a party shall constitute a certification that: 10.2.1.1 the person signing the filing has read the filing; 10.2.1.2 to the best of his or her knowledge, information and belief, formed after reasonable inquiry, the filing is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and 10.2.1.3 the filing is not made for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of adjudication. 10.2.2 If a filing is not signed, the hearing officer shall strike the filing, unless it is signed promptly after the omission is called to the attention of the person making the filing. 17.1.1 Expediting the disposition of the proceeding; 17.1.2 Establishing early and continuing control of the proceeding by the hearing officer; and 17.1.3 Improving the quality of the hearing through more thorough preparation. 17.3.1 Simplification and clarification of the issues; 17.3.2 Exchange of witness and exhibit lists and copies of exhibits; 17.3.3 Stipulations, admissions of fact, and stipulations concerning the contents, authenticity or admissibility into evidence of documents; 17.3.4 Matters of which official notice may be taken; 17.3.5 The schedule for exchanging prehearing motions or briefs, if any; 17.3.6 The method of service for papers; 17.3.7 Summary disposition of any or all issues; 17.3.8 Settlement of any or all claims; 17.3.9 Determination of hearing dates; 17.3.10 Amendments to the complaint or answers thereto; and 17.3.11 Such other matters as may aid in the orderly and expeditious disposition of the proceeding. 18.1.1 An outline or narrative summary of the party’s case or defense; 18.1.2 The legal theories upon which the party will rely; 18.1.3 Copies and a list of documents that the party intends to introduce at the hearing; and 18.1.4 A list of witnesses who will testify on the party’s behalf, including the witnesses’ names, occupations, addresses and a brief summary of their expected testimony. 19.1.1 All hearings shall be conducted in a fair, impartial, expeditious and orderly manner. 19.1.2 All hearings, except ex parte applications for a summary order, shall open to the public. 20.1.1 The hearing officer may make reference to and be guided by the Delaware Uniform Rules of Evidence. Notwithstanding those rules, the hearing officer may admit any evidence that reasonable and prudent individuals would commonly accept in the conduct of their affairs, and give probative effect to that evidence. 20.1.2 Evidence may not be excluded solely on the ground that it is hearsay. 22.1.1 A brief summary of the evidence; 22.1.2 Findings of fact based on the evidence; 22.1.3 Conclusions of law; and 22.1.4 A statement of any sanctions, where applicable. 25.1.2 By administrative order. Upon the finding of a violation of any provision of the statutes the CPU is charged to enforce, or any rule or regulation thereunder, the administrative hearing officer may issue a cease and desist order. The prohibited conduct in the order should be reasonably related to the conduct constituting the violation. 25.1.3 By summary administrative order. Where the Director, in his or her discretion, perceives an immediate threat to the public interest as a result of a violation of any provision of the statutes the CPU is charged to enforce, or any rule or regulation thereunder, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice identified in the order. 25.1.3.1 Before issuing the summary order, the Director or his or her designee shall attempt to obtain voluntary compliance from the alleged violator by telephone call or letter. A failure to comply with any aspect of the request for voluntary compliance shall be deemed noncompliance with the request. Any person who is the subject of a summary order shall promptly be given notice of that order and of the reasons therefor. 25.1.3.2 A complaint detailing the specific allegations against the alleged violator shall accompany any summary cease and desist order served upon the alleged violator. The complaint and summary cease and desist order shall be served upon the alleged violator by first class and certified mail to the alleged violator’s last known address. Service shall be deemed effective upon mailing. 25.1.3.3 A hearing shall be scheduled by the Director or his or her designee at the time of the issuance of the complaint and summary cease and desist order. The CPU shall provide a hearing on the charges in the complaint within 10 days after the issuance of the complaint and the cease and desist order. 25.1.3.4 A written opinion and order, containing findings of fact and conclusions of law, shall issue within 10 days after the close of the hearing. 25.1.3.5 If no hearing has been provided within 10 days after the issuance of the summary cease and desist order, the order shall expire at the end of the tenth day after it was issued unless the alleged violator waives his or her right to a prompt hearing. If there is a hearing but no decision is issued within 10 days after the close of the hearing, the summary cease and desist order shall expire at the end of the tenth day after the close of the hearing. An order that has expired in accordance with the restrictions of this subparagraph may not be reissued as a summary order. 25.1.3.6 The order issued after the hearing may provide for any administrative remedy contained in 29 Del.C. § 2524. 25.1.3.7 Any person who willfully violates a cease and desist order may be sanctioned as provided in 29 Del.C. § 2524(b) or § 2526. DEPARTMENT OF LABOR Office of Labor Law Enforcement Statutory Authority: 19 Delaware Code, Section 3511(e) (19 Del.C. §3511(e)) 19 DE Admin.Code 1327 DEPARTMENT OF STATE Acupuncture Procedures Physiological Therapeutics Diet and Nutritional Programs Rehabilitation/Exercise Programs 4 DE Reg. 1940 (6/1/01) 2.1.1 The deadline for completion of all required CE hours is the license renewal deadline, unless extended or waived pursuant to regulation 2.3. CE hours must be completed and approved by the Board before applying for renewal. 2.1.2 CE hours must be completed within the biennial licensure period for which they are being applied. Only six CE hours can be carried over into a subsequent licensure period. 2.1.3 The same course shall not count more than once during a single licensing period. For courses completed multiple times in one licensing period, credit shall only be given for the first course completion. 2.1.4 Licensees shall retain their CE course attendance documentation for at least two years after the renewal deadline. 2.1.5 At least 3 of the credit hours required for renewal must contain ethics, recordkeeping, or risk management. 2.1.6 Only 50% of the required CE can be taken online or home study which includes video replay, video- or tele-conference, correspondence, or mail. 2.1.7 Only courses co-sponsored by accredited Chiropractic colleges, national or states organizations are presumptively approved so long as the course relates to the field of Chiropractic. Excepted from this presumptive approval are courses in practice management subjects. 2.1.8 The subject matter of all Continuing Education must contribute directly to the competency of a person licensed to practice as a Chiropractor. The activity must have a significant intellectual or practical content and deal with chiropractic techniques, issues or ethical standards relevant to the practice of chiropractic. 2.2.1 At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. For these individuals only, the continuing education hours will be pro-rated based on when the license was issued. 2.2.1.1 If the new license was issued during the first year of the renewal period, July 1 – December 31 of the odd year, the licensee must complete 24 CE hours. 2.2.1.2 If the new license was issued during the first year of the renewal period, January 1 – June 30 of the even year, the licensee must complete 18 CE hours. 2.2.1.3 If the new license was issued during the second year of the renewal period, July 1 – December 31 of the even year, the licensee must complete 12 CE hours. 2.2.1.4 If the new license was issued during the second year of the renewal period, January 1 – June 30 of the odd year, the licensee must complete 24 CE hours. 2.4.1 CE courses that are presented by a Chiropractic college accredited by the Council on Chiropractic Education (CCE) and are related to the practice of Chiropractic are approved, except courses on practice management or law other than Delaware law. These colleges and organizations do not have to submit Continuing Education Approval forms. It is the provider’s responsibility to post and advertise their CE courses available. 2.4.2 In order for licensees to receive credit for CE courses not sponsored by a Chiropractic college accredited by the CCE or presented by any other national or state Chiropractic organization, the course must be approved by the Board before the deadline for submission of a licensee’s renewal application. 2.4.2.1 CE course participants and providers may apply for pre-approval of courses by submitting a written request for approval that must include a program agenda, a syllabus indicating the time spent on each topic, the names and resumes of the presenters, and the number of CE hours requested. The Board may approve less than the number of hours requested. 11 DE Reg. 348 (09/01/07) 4.1.1 At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. Therefore, for these individuals only, the continuing education hours will be pro-rated as follows: 4.2.1 Unless otherwise excused by the Board for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence or inadvertence, all Chiropractors seeking renewal more than two (2) years from initial licensure or reinstatement of a lapsed license must attest to the satisfactory completion of twenty four (24) credit hours of Board approved continuing education within the immediately preceding two (2) year period. Effective July 1, 2006, of the required twenty four (24) credit hours of Board approved continuing education, a maximum of twelve (12) credit hours may be fulfilled by participating in online courses. 4.2.1.1 Attestation may be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted; 4.2.2 Attestation of continuing education shall be submitted to the Division of Professional Regulation, Dover, Delaware, no later than June 30th of the reporting year and shall be received every two (2) years after such date. Continuing education completed before june 30th of the reporting year shall not be carried over to the next renewal period. The Board has the right to conduct an audit of the proof of continuing education submitted by licensees. 4.2.2.1 All licensees shall maintain documentation of continuing education during the licensure period to be submitted if their renewal application is selected for audit. Random audits will be performed by the Board to ensure compliance with the continuing education requirement. Licensees selected for the random audit shall submit the log and attendance verification. 4 DE Reg. 1940 (6/1/01) 8 DE Reg. 1586 (5/1/05) 9 DE Reg. 1766 (5/1/06) 10 DE Reg. 146 (7/1/06) 4 DE Reg. 1940 (6/1/01) 5 DE Reg. 270 (9/1/01) 7 DE Reg. 36 (7/1/03) 10 DE Reg. 146 (7/1/06) 6.2.1 The use of testimonials without written permission of that doctor’s patient. 6.2.2 Offering free or discounted examinations unless all charges associated with such examinations, including all x-ray fees and charges, are conspicuously set out in writing at the time of and in conjunction with such offer and unless such examinations are offered regardless of the availability of insurance coverage of any recommended subsequent treatment. 6.2.3 The use of unjustified or exaggerated claims, promises or statements which guarantee or strongly imply cure or successful treatment or are otherwise false, fraudulent, deceptive, or misleading. 6.2.4 Willful failure to identify licensee as a Doctor of Chiropractic, Chiropractor or Chiropractic Physician. 4 DE Reg. 1940 (6/1/01) 5 DE Reg. 270 (9/1/01) 8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress. 8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice. 8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program. 8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option. 8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice. 8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option. 4 DE Reg. 1940 (6/1/01) 9.1.1 Manslaughter. 11 Del.C. §632. 9.1.2 Murder by abuse or neglect in the first degree. 11 Del.C. §634. 9.1.3 Murder in the second degree. 11 Del.C. §635. 9.1.4 Murder in the first degree. 11 Del.C. §636. 9.1.5 Rape in the second degree. 11 Del.C. §772. 9.1.6 Rape in the first degree. 11 Del.C. §773. 9.1.7 Continuous sexual abuse of a child. 11 Del.C. §778. 9.1.8 Dangerous crime against a child. 11 Del.C. §779. 9.1.9 Sexual exploitation of a child. 11 Del.C. §1108. 9.1.10 Unlawfully dealing in child pornography. 11 Del.C. §1109. 8 DE Reg. 997 (1/1/05) Assaults and Related Offenses 9.3.1 §601. Offensive touching; 9.3.2 §602. Menacing; 9.3.3 §603. Reckless endangering in the second degree; 9.3.4 §604. Reckless endangering in the first degree; 9.3.5 §605. Abuse of a pregnant female in the second degree; 9.3.6 §606. Abuse of a pregnant female in the first degree; 9.3.7 §611. Assault in the third degree; 9.3.8 §612. Assault in the second degree; 9.3.9 §613. Assault in the first degree; 9.3.10 §614. Assault on a sports official. 9.3.11 §615. Assault by abuse or neglect; 9.3.12 §621. Terroristic threatening; 9.3.13 §625. Unlawfully administering drugs; 9.3.14 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; 9.3.15 §629. Vehicular assault in the first degree; 9.3.16 §630. Vehicular homicide in the second degree; 9.3.17 §630A. Vehicular homicide in the first degree; 9.3.18 §631. Criminally negligent homicide; 9.3.19 §632. Manslaughter; 9.3.20 §633. Murder by abuse or neglect in the second degree; 9.3.21 §634. Murder by abuse or neglect in the first degree; 9.3.22 §635. Murder in the second degree; 9.3.23 §636. Murder in the first degree; 9.3.24 §645. Promoting suicide. Abortion and Related Offenses 9.3.25 §651. Abortion; 9.3.26 §653. Issuing abortional articles. Sexual Offenses 9.3.27 §763. Sexual harassment; 9.3.28 §765. Indecent exposure in the first degree; 9.3.29 §766. Incest; 9.3.30 §767. Unlawful sexual contact in the third degree; 9.3.31 §768. Unlawful sexual contact in the second degree; 9.3.32 §769. Unlawful sexual contact in the first degree; 9.3.33 §770. Rape in the fourth degree; 9.3.34 §771. Rape in the third degree; 9.3.35 §772. Rape in the second degree; 9.3.36 §773. Rape in the first degree; 9.3.37 §776. Sexual extortion; 9.3.38 §777. Bestiality; 9.3.39 §778. Continuous sexual abuse of a child; 9.3.40 §780. Female genital mutilation. Kidnapping and Related Offenses 9.3.41 §781. Unlawful imprisonment in the second degree; 9.3.42 §782. Unlawful imprisonment in the first degree; 9.3.43 §783. Kidnapping in the second degree; 9.3.44 §783A. Kidnapping in the first degree; 9.3.45 §785. Interference with custody; Coercion 9.3.46 §791. Acts constituting coercion; Arson and Related Offenses 9.4.1 §801. Arson in the third degree; 9.4.2 §802. Arson in the second degree; 9.4.3 §803. Arson in the first degree; Criminal Trespass and Burglary 9.4.4 §820. Trespassing with intent to peer or peep into a window or door of another; 9.4.5 §824. Burglary in the third degree; 9.4.6 §825. Burglary in the second degree; 9.4.7 §826. Burglary in the first degree; 9.4.8 §828. Possession of burglar’s tools or instruments facilitating theft; Robbery 9.4.9 §831. Robbery in the second degree; 9.4.10 §832. Robbery in the first degree. 9.4.11 §835. Carjacking in the second degree; 9.4.12 §836. Carjacking in the first degree; Theft and Related Offenses 9.4.13 §840. Shoplifting; class G felony; 9.4.14 §840A. Use of illegitimate retail sales receipt or Universal Product Code Label. 9.4.15 §841. Theft; 9.4.16 §842. Theft; lost or mislaid property; mistaken delivery. 9.4.17 §843. Theft; false pretense. 9.4.18 §844. Theft; false promise. 9.4.19 §845. Theft of services. 9.4.20 §846. Extortion; 9.4.21 §848. Misapplication of property; 9.4.22 §849. Theft of rented property; 9.4.23 §850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. 9.4.24 §851. Receiving stolen property; 9.4.25 §854. Identity theft; 9.4.26 §860. Possession of shoplifter’s tools or instruments facilitating theft; Forgery and Related Offenses 9.4.27 §861. Forgery; class F felony; 9.4.28 §862. Possession of forgery devices; Offenses Involving Falsification of Records 9.4.29 §871. Falsifying business records; 9.4.30 §872. Falsifying business records; 9.4.31 §873. Tampering with public records in the second degree; 9.4.32 §876. Tampering with public records in the first degree; 9.4.33 §877. Offering a false instrument for filing; 9.4.34 §878. Issuing a false certificate; Bribery Not Involving Public Servants 9.4.35 §881. Bribery; 9.4.36 §882. Bribe receiving; Frauds on Creditors Other Frauds and Cheats 9.4.37 §900. Issuing a bad check; 9.4.38 §903. Unlawful use of credit card; 9.4.39 §903A. Reencoder and scanning devices; 9.4.40 §906. Deceptive business practices; 9.4.41 §907. Criminal impersonation; 9.4.42 §907A. Criminal impersonation, accident related; 9.4.43 §907B. Criminal impersonation of a police officer; 9.4.44 §909. Securing execution of documents by deception; 9.4.45 §911. Fraudulent conveyance of public lands; 9.4.46 §912. Fraudulent receipt of public lands; 9.4.47 §913. Insurance fraud; 9.4.48 §913A. Health care fraud; Computer Related Offenses 9.4.49 §933. Theft of computer services. 9.4.50 §934. Interruption of computer services. 9.4.51 §938. Failure to promptly cease electronic communication upon request. Offenses Relating to Marriage 9.4.52 §1001. Bigamy; 9.4.53 §1003. Bigamous marriage contracted outside the State. Child Welfare; Sexual Offenses, Animal Offenses 9.5.1 §1100. Dealing in children; 9.5.2 §1101. Abandonment of child; 9.5.3 §1102. Endangering the welfare of a child; 9.5.4 §1105. Endangering the welfare of an incompetent person; 9.5.5 §1106. Unlawfully dealing with a child; 9.5.6 §1107. Endangering children; 9.5.7 §1108. Sexual exploitation of a child; 9.5.8 §1109. Unlawfully dealing in child pornography; 9.5.9 §1111. Possession of child pornography; 9.5.10 §1112. Sexual offenders; prohibitions from school zones. 9.5.11 §1112A. Sexual solicitation of a child; 9.5.12 §1113. Criminal non-support and aggravated criminal non-support. 9.5.13 §1117. Notice; 9.5.14 §1325. Cruelty to animals; 9.5.15 §1326. Animals; fighting and baiting prohibited (Felony only); Bribery and Improper Influence 9.6.1 §1201. Bribery; 9.6.2 §1203. Receiving a bribe; Perjury and related offenses 9.6.3 §1221. Perjury in the third degree; 9.6.4 §1222. Perjury in the second degree; 9.6.5 §1223. Perjury in the first degree; 9.6.6 §1233. Making a false written statement; 9.6.7 §1239. Wearing a disguise during the commission of a felony; 9.6.8 §1240. Terroristic threatening of public officials or public servants; 9.6.9 §1243. Obstructing fire-fighting operations; 9.6.10 §1244. Hindering prosecution; 9.6.11 §1245. Falsely reporting an incident; 9.6.12 §1249. Abetting the violation of driver’s license restrictions; 9.6.13 §1250. Offenses against law-enforcement animals; 9.6.14 §1254. Assault in a detention facility (Felony only) 9.6.15 §1257A. Use of an animal to avoid capture (Felony only); 9.6.16 §1259. Sexual relations in detention facility; Offenses Relating to Judicial and Similar Proceedings 9.6.17 §1261. Bribing a witness; 9.6.18 §1262. Bribe receiving by a witness; 9.6.19 §1263. Tampering with a witness; 9.6.20 §1263A. Interfering with child witness. 9.6.21 §1264. Bribing a juror; 9.6.22 §1265. Bribe receiving by a juror; 9.6.23 §1266. Tampering with a juror; 9.6.24 §1267. Misconduct by a juror; 9.6.25 §1269. Tampering with physical evidence; 9.6.26 §1271A. Criminal contempt of a domestic violence protective order; 9.6.27 §1273. Unlawful grand jury disclosure. Disorderly Conduct and Related Offenses 9.7.1 §1302. Riot; 9.7.2 §1304. Hate crimes; 9.7.3 §1311. Harassment; 9.7.4 §1312. Aggravated harassment; 9.7.5 §1312A. Stalking; 9.7.6 §1313. Malicious interference with emergency communications; 9.7.7 §1335. Violation of privacy (Felony only); 9.7.8 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; 9.7.9 §1339. Adulteration; Offenses Involving Public Indecency 9.7.10 §1342. Prostitution; 9.7.11 §1343. Patronizing a prostitute prohibited. 9.7.12 §1351. Promoting prostitution in the third degree; 9.7.13 §1352. Promoting prostitution in the second degree; 9.7.14 §1353. Promoting prostitution in the first degree; 9.7.15 §1355. Permitting prostitution; Obscenity 9.7.16 §1361. Obscenity; acts constituting; 9.7.17 §1365. Obscene literature harmful to minors; 9.8.1 §4751. Prohibited acts A; 9.8.2 §4752. Prohibited acts B; 9.8.3 §4752A.Unlawful delivery of noncontrolled substance. 9.8.4 §4753. Prohibited acts C. 9.8.5 §4753A.Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 9.8.6 §4754. Prohibited acts D; 9.8.7 §4754A.Possession and delivery of noncontrolled prescription drug. 9.8.8 §4755. Prohibited acts E; 9.8.9 §4756. Prohibited acts; 9.8.10 §4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; 9.8.11 §4761. Distribution to persons under 21 years of age; 9.8.12 §4761A. Purchase of drugs from minors; 9.8.13 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; 9.8.14 §4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. Offenses Involving Deadly Weapons and Dangerous Instruments 9.9.1 §1442. Carrying a concealed deadly weapon; 9.9.2 §1443. Carrying a concealed dangerous instrument; 9.9.3 §1444. Possessing a destructive weapon; 9.9.4 §1445. Unlawfully dealing with a dangerous weapon; 9.9.5 §1447. Possession of a deadly weapon during commission of a felony; 9.9.6 §1447A. Possession of a firearm during commission of a felony; 9.9.7 §1448. Possession and purchase of deadly weapons by persons prohibited; 9.9.8 §1448A. Criminal history record checks for sales or firearms; 9.9.9 §1449. Wearing body armor during commission of felony; 9.9.10 §1450. Receiving a stolen firearm; 9.9.11 §1451. Theft of a firearm; 9.9.12 §1452. Unlawfully dealing with knuckles-combination knife; 9.9.13 §1454. Giving a firearm to person prohibited; 9.9.14 §1455. Engaging in a firearms transaction on behalf of another; 9.9.15 §1456. Unlawfully permitting a minor access to a firearm; 9.9.16 §1457. Possession of a weapon in a Safe School and Recreation Zone; 9.9.17 §1458. Removing a firearm from the possession of a law enforcement officer; 9.9.18 §1459. Possession of a weapon with a removed, obliterated or altered serial number; Offenses Involving Drug Paraphernalia 9.9.19 §4774. Penalties. Offenses Involving Organized Crime and Racketeering 9.9.20 §1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses 9.9.21 §3532. Acts of Intimidation: Class E felony 9.9.22 §3533. Aggravated act of intimidation, Class D felony Other Crimes 9.9.23 §3532. Act of intimidation; 9.9.24 §3533. Aggravated act of intimidation; 9.9.25 §3534. Attempt to intimidate; 9.9.26 §8523. Penalties [for violation of reporting provision re: SBI]; 9.9.27 Title 21 §2118A. Unlawful possession or manufacture of proof of insurance; 9.9.28 §2133. Penalties; jurisdiction of justices of the peace. 9.9.29 §2315. False statements; 9.9.30 §2620. False statements; incorrect or incomplete information; 9.9.31 §2752. False statements; 9.9.32 §2760. Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards. 9.9.33 Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs (Felony only); 9.9.34 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties (Felony only). 9.9.35 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs (Felony only); 9.9.36 §4202. Duty of driver involved in accident resulting in injury or death to any person; 9.9.37 §6704. Receiving or transferring stolen vehicle; 9.9.38 Title 30 §571. Attempt to evade or defeat tax; 9.9.39 §572. Failure to collect or pay over tax; 9.9.40 §573. Failure to file return, supply information or pay tax; 9.9.41 §574. Fraud and false statements; 9.9.42 §3913. Welfare violations [knowing or reckless abuse of an infirm adult] Solar Photovoltaic Energy Resources means solar photovoltaic or solar thermal energy technologies that employ solar radiation to produce electricity or to displace electricity use; Electricity derived from wind energy; Electricity derived from ocean energy including wave or tidal action, currents, or thermal differences; Geothermal energy technologies that generate electricity with a steam turbine, driven by hot water or steam extracted from geothermal reservoirs in the earth's crust; Electricity generated by a fuel cell powered by Renewable Fuels; Electricity generated by the combustion of gas from the anaerobic digestion of organic material; Electricity generated by a hydroelectric facility that has a maximum design capacity of 30 megawatts or less from all generating units combined that meet appropriate environmental standards as determined by DNREC (see DNREC Regulation's Secretary's Order No. 2006-W- 0027); Electricity generated from the combustion of biomass that has been cultivated and harvested in a sustainable manner as determined by DNREC, and is not combusted to produce energy in a waste to energy facility or in an incinerator (see DNREC Regulation's Secretary's Order No. 2006- W-0027); Electricity generated by the combustion of methane gas captured from a landfill gas recovery system; provided, however, that: Increased production of landfill gas from production facilities in operation prior to January 1, 2004 demonstrates a net reduction in total air emissions compared to flaring and leakage; Increased utilization of landfill gas at electric generating facilities in operation prior to January 1, 2004 (i) is used to offset the consumption of coal, oil, or natural gas at those facilities, (ii) does not result in a reduction in the percentage of landfill gas in the facility's average annual fuel mix when calculated using fuel mix measurements for 12 out of any continuous 15 month period during which the electricity is generated, and (iii) causes no net increase in air emissions from the facility; and Facilities installed on or after January 1, 2004 meet or exceed 2004 Federal and State air emission standards, or the Federal and State air emission standards in place on the day the facilities are first put into operation, whichever is higher. 11 DE Reg. 1670 (06/01/08) 13 DE Reg. 952 (01/01/10) 2.2.1 An Industrial Customer with Peak Demand in excess of 1,500 kilowatts may elect to have their load exempt from this Regulation provided that they meet the definitions found in Section 1.1 and: 2.2.1.1 submit a notice to the Commission's Staff including, but not limited to, Name and Address of Industrial Customer, and NAICS Code and load for each account; 2.2.1.1.1 the Commission's Staff shall, within thirty (30) days of receipt of the notice, provide to the Industrial Customer an acknowledgement of the status, exempt or non-exempt, of the Industrial Customer and; 2.2.1.2 submit the Commission's Staff acknowledgement referenced in Section 2.2.1.1.1 of this Regulation to their Retail Electricity Supplier. 2.2.2 For an End-Use Customer with multiple accounts totaling in excess of 1,500 kilowatts within an applicable utility's service territory and served by a single Retail Electricity Supplier, to have their load exempt, the aggregate of their accounts with an NAICS Manufacturing Sector Code must have a Peak Demand of at least 751 kilowatts and they must follow the procedure found in Section 2.2.1. 2.4.1 submit a written notice to the Delaware General Assembly; 2.4.2 submit a written notice to the Commission; 2.4.3 alert their End-Use Customers with notices inserted in two (2) consecutive electricity bills; 2.4.4 offer their End-Use Customers a voluntary program for purchasing renewable energy under competitive rates; and 2.4.5 either contribute to the Delaware Green Energy Fund at levels commensurate with other Retail Electricity Suppliers or create an independent fund separate from the Delaware Green Energy Fund to be used in support of energy efficiency technologies, renewable energy technologies, or demand side management programs, into which they make payments of $0.178 for each megawatt-hour they sell, transmit, or distribute in the State. 11 DE Reg. 1670 (06/01/08) 3.1.1 The Commission through its Staff will certify Generation Units as Eligible Energy Resources based on the definition of Eligible Energy Resources found in Section 1.1 of this Regulation. 3.1.2 Any Generation Unit seeking certification as an Eligible Energy Resource must submit an Application for Certification as an Eligible Energy Resource Under the Delaware Renewable Energy Portfolio Standard (Application) to the Commission. This may include Customer-Sited Generation or a Generation Unit owned or operated by a Municipal Electric Company. 3.1.3 Commission Staff will review the Application and will notify the applicant of its approval as an Eligible Energy Resource or of any deficiencies in their Application within 30 days of receipt. The applicant will have the opportunity to revise their submission, if appropriate. 3.1.4 If Commission Staff finds the Generation Unit to be in compliance with Sections 1.0 and 3.0 of this Regulation, as well as any other applicable Delaware statute; Commission Staff will issue a State of Delaware Certification Number. 3.1.5 Upon receipt of the State of Delaware Certification Number, a Generation Unit will be deemed an Eligible Energy Resource. 3.1.6 Upon designation as an Eligible Energy Resource, the Generation Unit's owner shall be entitled to one (1) Renewable Energy Credit (REC) for each mega-watt hour of energy derived from Eligible Energy Resources other than Solar Photovoltaic Energy Resources. Upon designation as an Eligible Energy Resource, the owner of a Generation Unit employing Solar Photovoltaic Energy Resources shall be entitled to one (1) Solar Renewable Energy Credit (SREC) for each mega-watt hour of energy derived from Solar Photovoltaic Energy Resource. SRECs and RECs will be created and supplied by the PJM-EIS GATS, or its successor at law. Eligible Energy Resources are subject to applicable PJM-EIS GATS rules and shall pay applicable PJM-EIS GATS fees. 3.1.6.1 However, if in the future, the Commission finds that PJM-EIS's GATS is not applicable or not suited to meet the needs or requirements of the RPS, the Commission may establish or participate in another renewable energy tracking system. 3.1.7 RECs or SRECs created by Eligible Energy Resources on or after June 1, 2006 shall be valid to meet retail electricity supplier requirements, subject to Section 3.2.3 of this Regulation. 3.1.7.1 If a Generation Unit is deemed an Eligible Energy Resource under Section 3.1 and the Eligible Energy Resource's GATS account continues to be maintained in good standing, the Eligible Energy Resource may achieve a Delaware designation for RECs or SRECs recorded with PJM-EIS's GATS for the calendar year being traded in GATS at the time of the Commission Staff's approval of the Eligible Energy Resource, but no earlier than June 1, 2006. 3.1.8 An Eligible Energy Resource will remain certified unless substantive changes are made to its operational characteristics. Substantive changes include, but are not limited to changes in fuel type, fuel mix and generator type. An Eligible Energy Resource making substantive changes to its operational characteristics shall notify the Commission of such changes at least 30 days prior to the effective date of such changes. At such time, the Generation Unit shall submit a revised Application, which shall be subject to the process laid out in Section 3.1 of this Regulation. 3.1.9 RECs or SRECs created by an Eligible Energy Resource shall remain valid for compliance, subject to Section 3.2.3 and Section 3.3.3 of this Regulation, even if that Eligible Energy Resource is subsequently decertified for eligibility. 3.2.1 The Total Retail Sales of each Retail Electricity Product sold to End-Use Customers by a Retail Electricity Supplier during any given Compliance Year shall include a minimum percentage of electrical energy sales from Eligible Energy Resources and Solar Photovoltaics as shown in Schedule 1. Any portion of a Retail Electric Supplier's renewable energy supply portfolio for 2007, 2008 and 2009 Compliance Years that is acquired under wholesale renewable energy supply entered into pursuant to the 2005 or 2006 Delaware Standard Offer Services ("SOS") auctions shall be subject to the provisions of this Regulation as shown in Schedule 2 below that were in effect on the date of the 2005 or 2006 SOS auction. 3.2.2 A Retail Electricity Supplier's compliance with Schedule 1 shall be based on accumulating RECs and SRECs equivalent to the current Compliance Year's Cumulative Minimum Percentage of Total Retail Sales of each Retail Electricity Product sold to End-Use Customers and subject to Section 3.2.3 and, where appropriate, Commission regulations.1 Such RECs shall be filed annually with the Commission within 120 days following the completion of the Compliance Year. 3.2.3 Each Retail Electricity Supplier can provide no more than 1% of each Compliance Year's Total Retail Sales from Eligible Energy Resources operational before December 31, 1997. The remainder of each year's retail sales, up to the required amount as specified in Section 3.2.1 of this Regulation must come from New Renewable Generation resources. In Compliance Year 2020 and for each Compliance Year thereafter, all Eligible Energy Resources used to meet the cumulative minimum percentage requirements set by the Commission rules shall be New Renewable Generation Resources. 3.2.4 A Retail Electricity Supplier shall not use RECs used to satisfy another state's renewable energy portfolio requirements for compliance with Schedule 1. A Retail Electricity Supplier may sell or transfer any RECs or SRECs not required to meet this Regulation. 3.2.5 On or after June 1, 2006, Eligible Energy Resources may create and accumulate RECs or SRECs for the purposes of calculating compliance with the RPS. 3.2.6 Aggregate generation from small Eligible Energy Resources, 100 kilowatts of capacity or less, may be used to meet the requirements of Schedule 1 or Schedule 2, provided that the generators or their agents, on an annual basis, document the level of generation, as recorded by appropriate metering. 3.2.7 A Retail Electricity Supplier shall receive 300% credit toward meeting the Minimum Cumulative Percentage from Eligible Energy Resources of Schedule 1 or Schedule 2 of the RPS for energy derived from the following sources installed on or before December 31, 2014: 3.2.7.1 Customer-Sited solar photovoltaic physically located in Delaware; or 3.2.7.2 A fuel cell powered by Renewable Fuels. 3.2.8 A Retail Electricity Supplier shall receive 150% credit toward meeting the RPS for wind energy installations sited in Delaware on or before December 31, 2012. 3.2.9 A Commission regulated electric company shall receive 350% credit toward meeting the Renewable Energy Portfolio Standards established for energy derived from off-shore wind energy installations sited off the Delaware coast on or before May 31, 2017. 3.2.9.1 To be entitled to 350% credit, contracts for energy and renewable energy credits from such off-shore wind energy installations must be executed by Commission regulated electric companies prior to commencement of construction of such installations. 3.2.9.2 Commission regulated electric companies shall be entitled to such multiple credits for the life of contracts for renewable energy credits from off-shore wind installations executed pursuant to section 3.2.9. 3.2.10 A Retail Electricity Supplier or a Rural Electric Cooperative shall receive an additional 10% credit toward meeting the RPS for solar or wind energy installations sited in Delaware provided that a minimum of 50% of the cost of the renewable energy equipment, inclusive of mounting components, are manufactured in Delaware. 3.2.11 A Retail Electricity Supplier or a Rural Electric Cooperative shall receive an additional 10% credit toward meeting the RPS for solar or wind energy installations sited in Delaware provided that the facility is constructed and/or installed with a minimum of 75% in-state workforce. 3.2.102 A Retail Electricity Supplier shall receive credit toward meeting the RPS for electricity derived from the fraction of eligible landfill gas, biomass or biogas combined with other fuels (for a Rural Electric Cooperative the Eligible Energy Resource must be sited in Delaware). 3.2.113 Cumulative minimum percentage requirements of Eligible Energy Resources and Solar Photovoltaic Resources shall be established by Commission rules for Compliance Year 2020 2026 and each subsequent year. In no case shall the minimum percentages established by Commission rules be lower than those required for Compliance Year 2019 2025 in Schedule 1 or Schedule 2. Each of the rules setting such minimum percentage shall be adopted at least two years prior to the minimum percentage being required. 3.2.124 Beginning in Compliance Year 2010, and in each Compliance Year thereafter, the Commission may review the status of Schedule 1 and Schedule 2 and report to the legislature on the status of the pace of the scheduled percentage increases toward the goal of 20 25%. If the Commission concludes at this time that the schedule either needs to be accelerated or decelerated, it may also make recommendations to the General Assembly for legislative changes to the RPS. 3.2.135 Beginning in Compliance Year 2014, and in each Compliance Year thereafter, the Commission may, in the event of circumstances specified in this subsection and after conducting hearings, accelerate or slow the scheduled percentage increases towards meeting the goal of 20 25%. The Commission may only slow the increases if the Commission finds that at least 30% of RPS compliance has been met through the ACP or SACP for three (3) consecutive years, despite adequate planning by the Retail Electricity Suppliers. The Commission may only accelerate the scheduled percentage increases after finding that the average price for RECs and SRECs eligible for RPS compliance has, for two (2) consecutive years, been below a predetermined marketbased price threshold to be established by the Commission. The Commission shall establish the predetermined market-based price threshold in consultation with the Delaware Energy Office. Rules that would alter the percentage targets shall be promulgated at least two years before the percentage change takes effect. In no event shall the Commission reduce the percentage target below any level reached to that point. 3.2.16 The minimum percentages from Eligible Energy Resources and Solar Photovoltaic Energy Resources as shown in Schedule 1 may be frozen for Commission-regulated electric companies as authorized by, and pursuant to, 26 Del.C. §354(i)-(j). For a freeze to occur, the Delaware Energy Office must determine that the cost of complying with the requirements of this Regulation exceeds, for Solar Photovoltaic Energy Resources, 1%, and for Eligible Energy Resources, 3%, of the total retail cost of electricity for Commission-regulated electric companies during the same compliance year. The total cost of compliance shall include the costs associated with any ratepayer funded state renewable energy rebate program, REC and SREC purchases, and ACPs and SACPs. 3.2.16.1 Once frozen, the minimum cumulative requirements shall remain at the percentage for the compliance year in which the freeze was instituted. 3.2.16.2 The freeze may be lifted only upon a finding by the State Energy Coordinator, in consultation with the Commission, that the total cost of compliance can reasonably be expected to be under the 1% or 3% threshold, as applicable. 3.2.17 The Renewable Energy Taskforce shall be formed for the purpose of making recommendations about the establishment of trading mechanisms and other structures to support the growth of renewable energy markets in Delaware according to 26 Del.C. §360 (d). 3.3.1 Within 120 days of the end of a compliance year, each Retail Electricity Supplier who has made sales to an End-use Customer in the State of Delaware must submit a completed Retail Electricity Supplier's Verification of Compliance with the Delaware Renewable Energy Portfolio Standard Report (Report) which includes, but is not limited to, evidence of the specified number of SRECs and RECs required for that Compliance Year according to Schedule 1 or Schedule 2 and the Total Retail Sales of each Retail Electricity Product. 3.3.2 SRECs or RECs must have been created by PJM-EIS's GATS, or its successor at law or pursuant to Section 3.1.6.1 of this Regulation. 3.3.3 SRECs or RECs, submitted for compliance with this Regulation, may be dated no earlier than three (3) years prior to the beginning of the current Compliance Year. 3.3.4 The three (3) year period referred to in 3.3.3 shall be tolled during any period that a renewable energy credit or solar renewable energy credit is held by the SEU as defined in 29 Del.C. §8059. 3.3.5 In lieu of standard means of compliance with the RPS, any Retail Electricity Supplier may pay into the Fund a SACP or ACP pursuant to the provisions of 26 Del.C. §358 or as determined by the State Energy Coordinator of the Delaware Energy Office consistent with 26 Del.C. §354 (a). 3.3.6 The Commission Staff shall notify any Retail Electricity Supplier of any compliance deficiencies within 165 days of the close of the current Compliance Year. If the Retail Electricity Supplier is found to be deficient by the Commission Staff, the Retail Electricity Supplier shall be required to pay the appropriate ACP or SACP, according to Section 3.3.4 of this Regulation. All such payments shall be due within 30 days of notification by the Commission Staff. Upon receipt of payment, the Retail Electricity Supplier shall be found to be in compliance for that given year. 3.3.7 All compliance payments, made by the Retail Electricity Supplier, shall be payable to the Delaware Green Energy Fund and sent to the Commission. 11 DE Reg. 1670 (06/01/08) 12 DE Reg. 1110 (02/01/09) 13 DE Reg. 952 (01/01/10) 11 DE Reg. 1670 (06/01/08) 12 DE Reg. 1110 (02/01/09) 10 DE Reg. 151 (07/01/06) 11 DE Reg. 1670 (06/01/08) FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 295 DEPARTMENT OF EDUCATION PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1511 1511 Issuance and Renewal of Continuing License REGULATORY IMPLEMENTING ORDER I. Summary of the Evidence and Information Submitted The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License. This regulation requires a minor amendment to clarify requirements for educators with expired Continuing Licenses. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on April 1, 2010 in the form hereto attached as Exhibit “A”. The notice invited written comments. No written comments were received. II. Findings of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute. Symbol Key Arial 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. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 296 III. Decision to Amend the Regulation For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of the regulation amended shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1511 of the Administrative Code of Regulations of the Department of Education. V. Effective Date Of Order The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 5TH DAY OF AUGUST, 2010 IT IS SO ORDERED the 16th day of September, 2010. Department of Education Lillian M. Lowery, Ed. D., Secretary of Education Approved this 16th day of September, 2010 STATE BOARD OF EDUCATION 1511 Issuance and Renewal of Continuing License (Break in Continuity of Sections) 4.0 Educators with Expired Delaware Licenses applying for their Original Continuing License 4.1 Delaware Certificates issued prior to July 2, 2001 Kathleen Thomas, Chair Chris Kenton Michael Casson David Kohan Joanne Christian Jill Lewandowski Samtra Devard Wendy Murray Stephanie DeWitt Whitney Price Marilyn Dollard Shelley Rouser Karen Gordon Karen Schilling-Ross Cristy Greaves Juanita Wilson Lori Hudson Jacque Wisnauskas Teri Quinn Gray, Ph.D., President Gregory Coverdale Jorge L. Melendez, Vice President Terry M. Whittaker, Ed.D. G. Patrick Heffernan James L. Wilson, Ed.D. Barbara B. Rutt FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 297 4.1.1 In accordance with 14 Del.C. §1215, the Department may issue an original Continuing License to qualified educator who holds a Delaware certificate issued by an education certifying board prior to July 13, 1971 or who previously held a valid Delaware Standard or Professional Status certificate that has expired 4.1.1.1 As a condition of maintaining the original Continuing License, the educator shall successfully complete [the first a] year of the Department's an approved mentoring program required of educators on an Initial License within their first year of employment. 4.1.1.1.1 Upon request by the applicant and employing authority, the Department may extend the time to complete the approved mentoring program for a period of up to one (1) year upon a showing of exigent circumstances. 4.1.1.1.2 Failure to successfully complete the approved mentoring program shall result in the suspension of the License. If the Continuing License expires during the term of the suspension, the educator must apply for an Initial License and meet the requirements in effect at the time of the application. 4.1.1.2 The educator shall be entitled to notice and the right to a hearing as provided in Section 12. 4.2 Application Procedures and Requirements 4.2 1 The educator shall make application to the Department on a Department approved form and provide evidence of previous Delaware certification. 4.2.2 The educator shall provide evidence that all other requirements have been successfully met. 4.2.3 Incomplete applications shall not be processed. 4.2.3.1 The Department shall send notice of the incomplete application. The applicant shall be responsible for maintaining current contact information with the Department. 4.2.3.2 Notification of an incomplete application shall also be sent to the applicant's employing authority. 4.3 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218 or suspended for failure to meet the other conditions of maintaining a License. 6 DE Reg. 518 (10/1/02) 7 DE Reg. 197 (8/1/03) 10 DE Reg. 97 (7/1/06) 13 DE Reg. 1084 (02/01/10) 5.0 Renewal of a Continuing License 5.1 In accordance with 14 Del.C. §1212, the Department shall renew a Continuing License, valid for an additional five (5) years, to a qualified educator who has fulfilled the ninety (90) clock hour requirement for professional development and other requirements of this regulation. At least one half of the required hours [forty-five (45) hours every five (5) years] for educators shall be in activities that relate to the educator's work with students or staff. Satisfactory evidence of such completion, as set forth in Section 15 or Section 16, shall be submitted to the Department with the application for renewal. The ninety (90) clock hours of professional development shall have taken place during the term of the Continuing License. 5.2 Renewal of Expired Delaware Continuing License 5.2.1 The Department may issue a Continuing License to a qualified educator who previously held a Delaware Continuing License that expired not more than five years before the renewal application, with the following conditions: 5.2.1.1 Prior to renewal of the License, the educator shall provide to the Department evidence of successfully completing ninety (90) clock hours of professional development during the five (5) years preceding application, pursuant to Section 7. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 298 5.2.1.2 If the educator has been out of the profession for less than three (3) years since the expiration of the Continuing License, the educator shall, within the first year of employment, successfully complete an approved mentoring program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards. 5.2.1.2.1 Failure to successfully complete the approved mentoring program shall result in the suspension of the License. 5.2.1.13If the educator has been out of the profession for more than three (3) years since the expiration of the Continuing License, the educator shall, within the first year of employment, successfully complete a Department approved mentoring program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards [the first a] year of an approved mentoring program required of educators on an Initial License. 5.2.1.3.1 Failure to successfully complete the approved mentoring program shall result in the suspension of the License. 5.2.1.2 Prior to renewal of the License, the educator shall provide to the Department evidence of successfully completing ninety (90) clock hours of professional development during the last five (5) years, pursuant to Section 7. 5.2.1.34 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218 or suspended for failure to meet the other conditions of maintaining a License. 5.2.2 The Department may not reissue a Continuing License to an educator who previously held a valid Continuing License which expired more than five (5) years prior to application for renewal. 5.2.2.1 The educator shall apply for an Initial License and meet the requirements in effect at the time of the application. 5.3 Professional Development Options for Relicensure are listed in Section 15 and Section 16. 5.4 Documentation of Clock Hours for Relicensure 5.4.1 For renewal of the Continuing License, educators may complete and document clock hours for the variety of activities described under relicensure options. When college or university courses are used to fulfill the requirements, the following equivalencies shall be used: one (1) semester hour equals fifteen (15) clock hours, one (1) quarter hour equals ten (10) clock hours, one (1) CEU equals ten (10) clock hours. To be documented for clock hours, activities shall meet the criteria set forth in the regulations and shall be appropriately verified and applied for. Professional development activities that are part of a DPAS assistance or improvement plan may be used to satisfy this requirement. Individuals, schools or school districts, or other agencies organizing or conducting professional development activities which may be used for fulfilling the requirements for renewal of a license are responsible for providing documentation of participation to all participants. Each educator is responsible for obtaining any necessary approvals, as set forth in Section 14 and in Section 15, from his or her employer before participating in a professional development activity. An employer may not impose additional activity requirements on the award of clock hours towards renewal of a Continuing License. 5.4.2 Criteria for determining if activities are acceptable for clock hour credit for an educator include the following: 5.4.2.1 The activity enhances the knowledge and skills in the educator's job or contributes to his/ her school or profession. 5.4.2.2 The activity meets one of the relicensure options. 5.4.2.3 The activity addresses one of the standards for the educator's area of the profession. 5.4.2.4 The activity is completed during the term of the educator's current Continuing License. 5.4.2.5 The activity addresses specific Professional Educator Standards. 5.4.2.6 Participation in, or completion of, the activity can be documented. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 299 5.5 The Relicensure Application, Activity Documentation Form, and, where required, original or official documents shall be used to verify activities for renewal of a Continuing License. Official transcripts or original grade slips are required documentation for successful completion of college courses. 5.6 For applicants who change positions (grade levels, content areas, areas of supervisory responsibility, etc.) during the five (5) year term of a Continuing License, clock hours documented shall have been appropriate to the educator's position at the time the clock hours were completed. 5.7 The Department shall have the responsibility to verify clock hours for applicants that are not currently employed by a Delaware employing authority or those employed in another jurisdiction and wish to renew their Continuing License. The Department may require that the applicant submit verifying documentation. 6 DE Reg. 518 (10/1/02) 7 DE Reg. 197 (08/01/03) 7 DE Reg. 1350 (04/01/04) 10 DE Reg. 97 (07/01/06) 13 DE Reg. 1084 (02/01/10) (Break in Continuity of Sections) *Please note that no additional changes were made to the regulation as originally proposed and published in the April 2010 issue of the Register at page 1267 (13 DE Reg. 1267). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 1511 Issuance and Renewal of Continuing License PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1521 1521 Elementary Teacher REGULATORY IMPLEMENTING ORDER I. Summary of the Evidence and Information Submitted The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1521 Elementary Teacher. It is necessary to amend this regulation in order to facilitate proper and current formatting trends. There are no changes in certification requirements. This regulation sets forth the requirements for an Elementary Teacher. Notice of the proposed amendment of the regulation was published in the News Journal and the Delaware State News on August 2, 2010 in the form hereto attached as Exhibit “A”. The notice invited written comments. No comments were received. II. Findings Of Facts The Professional Standards Board and the State Board of Education find that it is appropriate to amend this regulation to comply with changes in statute. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 300 III. Decision to Amend The Regulation For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of the regulation amended shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1521 of the Administrative Code of Regulations of the Department of Education. V. Effective Date of Order The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 2ND DAY OF SEPTEMBER, 2010 IT IS SO ORDERED the 16th day of September, 2010. Department of Education Lillian M. Lowery, Ed. D., Secretary of Education Approved this 16th day of September, 2010 STATE BOARD OF EDUCATION 1521 Elementary Teacher 1.0 Content 1.1 This regulation shall apply to the requirements for a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Elementary Teacher (Grades K to 6). Kathleen Thomas, Chair Chris Kenton Michael Casson David Kohan Joanne Christian Jill Lewandowski Samtra Devard Wendy Murray Stephanie DeWitt Whitney Price Marilyn Dollard Shelley Rouser Karen Gordon Karen Schilling-Ross Cristy Greaves Juanita Wilson Lori Hudson Jacque Wisnauskas Teri Quinn Gray, Ph.D., President Gregory Coverdale Jorge L. Melendez, Vice President Terry M. Whittaker, Ed.D. G. Patrick Heffernan James L. Wilson, Ed.D. Barbara B. Rutt FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 301 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1747 (6/1/04) 2.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours, taken either as part of a degree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. “Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness. “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major or its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “NASDTEC” means The National Association of State Directors of Teacher Education and Certification. The organization represents professional standards boards, commissions and departments of education in all 50 states, the District of Columbia, the Department of Defense Dependent Schools, the U.S. Territories, New Zealand, and British Columbia, which are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” means The National Council for Accreditation of Teacher Education, a national accrediting body for schools, colleges, and departments of education authorized by the U.S. Department of Education. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Current License or Certificate from Another State” means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1747 (6/1/04) 10 DE Reg. 100 (7/1/06) 3.0 Standard Certificate FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 302 The Department shall issue a Standard Certificate as an Elementary Teacher to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 who has met the following requirements: 3.1 Acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2 Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in Elementary Education; or 3.1.3 Satisfactorily completing the Alternative Routes for Licensure and Certification Program, the Special Institute for Licensure and Certification, or such other alternative educator preparation programs as the Secretary may approve; or 3.1.4 Holding a bachelor’s degree from a regionally accredited college or university in any content area and for applicants applying after June 30, 2006 for their first Standard Certificate, satisfactory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.2 For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination; or 3.3 Meeting the requirements for licensure and holding a valid and current license or certificate from another state in Elementary Education; 3.3.1 The Department shall not act on an application for certification if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution; or 3.4 Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C §1203. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1747 (6/1/04) 4.0 Multiple Certificates Educators may hold certificates in more than one area. 7 DE Reg. 775 (12/1/03) 10 DE Reg. 100 (7/1/06) 5.0 Application Requirements An applicant for a Standard Certificate shall submit: 5.1 Official transcripts; and 5.2 Official scores on the Praxis II examination if applicable and available; or 5.3 Evidence of passage of the National Board for Professional Teaching Standards Certificate, if applicable; or 5.4 An official copy of the out of state license or certification, if applicable. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 303 5.5 If applied for simultaneously with application for an Initial License, the applicant shall provide all required documentation for that application in addition to the documentation cited above. 10 DE Reg. 100 (7/1/06) 6.0 Application Procedures for License Holders If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 10 DE Reg. 100 (7/1/06) 7.0 Effect of Regulation This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expiration date of the Limited Standard Certificate, but in no case later than December 31, 2008. 10 DE Reg. 100 (7/1/06) 8.0 Validity of a Standard Certificate A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Continuing, or Advanced License or Limited Standard, Standard, or Professional Status Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules. 10 DE Reg. 100 (7/1/06) 9.0 Secretary of Education Review The Secretary of Education may, upon the written request of the superintendent of a local school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the local school district or charter school administrator or other employing authority. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1747 (6/1/04) 10 DE Reg. 100 (7/1/06) Renumbered effective 6/1/07 - see Conversion Table 1.0 Content 1.1 This regulation shall apply to the issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for Elementary Teacher. This certification is required for grades K to 6. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 304 1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 2.0 Definitions The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference. 3.0 Standard Certificate 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as an Elementary Teacher to an educator who has met the following: 3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License; or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto. 7 DE Reg. 775 (12/1/03) 7 DE Reg. 1747 (6/1/04) 10 DE Reg. 100 (7/1/06) Renumbered effective 6/1/07 - see Conversion Table DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Chapter 5, §512 (31 Del.C., Ch. 5, §512) DSSM: 3000 Technical Eligibility for Cash Assistance and 4000 Financial Responsibility NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding the General Assistance (GA) and Temporary Assistance for Needy Families (TANF) programs. 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 August 2010 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by August 31, 2010 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSED CHANGES The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding Delaware’s General Assistance (GA) and Temporary Assistance for Needy Families (TANF) programs. The impact of the proposed changes will be that children living in the home of a non-relative custodian or legal guardian will be technically eligible for the TANF program. These children will no longer be eligible to receive benefits through the GA program. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 305 Statutory Authority • 42 U.S.C. § 601(a)(1), Purpose, Increase flexibility of States • 31 Del.C. §503(d), Eligibility for assistance; amount; method of payment – Aid to Families with Dependent Children; • 31 Del.C. §505(1), Categories of Assistance - Aid to Families with Dependent Children; • 31 Del.C. §505(2), Categories of Assistance - General Assistance; • 31 Del.C. §512(1), Administration; • 10 Del.C. §901(3), (6) and (12), Definitions – Care, Custody and Control; Custodian; Family Summary of Proposed Changes Children in the care of a non-relative adult will no longer receive cash assistance through the General Assistance program. These children will be eligible for cash assistance through the TANF program. The TANF program establishes additional expectations for the caregivers in these families including parenting classes, cooperation with child support, child immunizations, and child school attendance requirements. Caretakers in these families may also access the work support programs available to needy caretakers. This change supports the goals of both family self-sufficiency and increased family functioning. The proposed changes affect the following policy sections: DSSM 3000, Temporary Assistance for Needy Families (TANF) – Definition DSSM 3000.4, TANF and State Only Foster Care3004, Specified Relationship; DSSM 3004.1, Living in the Home DSSM 3010, Participation and Cooperation in Developing CMR DSSM 3018, General Assistance (GA) DSSM 3021, Unrelated Children; DSSM 3022, Ineligibility Due to Family Cap DSSM 3027, Age as a Condition of Eligibility; DSSM 3027.2, Minor Parents; DSSM 3028.1, Mandatory Composition of Assistance Units; DSSM 3028.2, Optional Composition of Assistance Units; DSSM 4001, Family Budget Group; DSSM 4001.1, Examples to Illustrate Rules Regarding Budget Groups; DSSM 4004.3, Earned Income Disregards in GA; DSSM 4007.1, Standards of Need/Payment Standard – GA; and DSSM 4009, Determining Financial Eligibility and Grant Amounts in GA. SUMMARY OF COMMENTS RECEIVED WITH AGENCY RESPONSE AND EXPLANATION OF CHANGES The Division of Social Services (DSS) received two comments from the public regarding this regulation. One from an individual and the other from the State Council for Persons with Disabilities (SCPD). First Comment DSS has considered the comment and responds as follows. With all due respect, it is a very bad idea to go down that road of allowing morals that some connect with religion and which are not requirements of the law to be “encouraged” by the same people who are giving out the assistance.It is already a demeaning adventure to apply for assistance as it is and if the worker begins to start FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 306 “preaching” to the client about how much better it might be if she were married, there is no way of predicting how that may be received or whether such action may discourage people from coming back for assistance for themselves and their children – assistance that they really need. We are trying to drive them away by turning the process into one that resembles an attempt to convert applicants to one or another religious belief system. There is no law against being single, and many people are perfectly capable of becoming self-sufficient without being further demeaned in such a way as this. I would view comments of this type as the highly invasive and rude having grown up as a teen in the 70s and the feminist movement and feeling as though it would be an insult to say that just because I needed a little help now that I couldn’t become self-sufficient later without getting a man to help me do it. Other women may even have worse reactions than that to this sort of intrusive behavior. There is NO GOOD REASON for the workers who are giving out benefits to say anything at all about the marital arrangements of the parents since that is way too personal and well out of the realm of necessary information that an individual should have to give in order to get the tiny bit of money she is going to get to tide her over. Just the opinion of someone who assumes that you are not TRYING to drive people who are not Christian or other “marriage before sex” religions OUT of the process or otherwise make them feel as though they should feel guilty for needing help. We all need a little help once in a while, and the tiny bit of help that one gets from TANF cannot possibly be considered enough to warrant excessively intrusive statements that could alienate people from moral backgrounds that do NOT put (legal) marriage before sex so high on the list. Not everyone thinks the same way as Christians do. Please stop expecting all of us to do so. It’s insulting. Agency Response: Thank you for your thoughtful comments. I understand your concern that TANF policy might promote the view that 2-parent families are more valued than single parent families. The policy section you referenced is not being changed. The referenced policy section has been in place since the late nineties following the enactment of Federal welfare reform. The change to the existing policy allows children being cared for by a non-relative to receive TANF; previously these families were not eligible for TANF and could only participate in the General Assistance program. Here is a little background on the existing policy. The focus on encouraging 2-parent families has 3 desired impacts. One is to reduce the rate of out of wedlock pregnancies, particularly among teens. The second as you noted is to improve the potential financial stability of families. And lastly, the goal is to promote the opportunity for children to be raised by both parents. I appreciate your concern that these goals could potentially be in conflict with the best path for a particular family. While the goal is to create programming that will promote the formation of 2-parent families the Division of Social Services (DSS) respects the decisions and choices that parents make for their families. Ultimately, the Division is most interested in helping families, no matter their makeup, to move toward self-sufficiency. The TANF program does attempt to provide the supports specific to the needs of the families it works with. For example within TANF, there is a 2-parent family program that tries to support the choices these parents make in terms of parenting, work, and economic self sufficiency. Similarly, the TANF program actively screens for domestic violence issues and waives program requirements for individuals who are in, or escaping, a home where domestic violence exists. I hope this provides you assurance that the policy is not intended to shame single parents or direct single parents into marriage. But as I noted, I understand your concern and appreciate your reservations. Second Comment In addition, the State Council for Persons with Disabilities (SCPD) offered the following observations and recommendations summarized below. DSS has considered each comment and responds as follows. According to the “Summary of Proposed Changes”, the impact will be that children living in the home of a nonrelative custodian or legal guardian will be technically eligible for the TANF program. These children will no longer be eligible to receive benefits through the GA program. SCPD has the following observations. First, there are positive aspects to the change. SCPD has been informally advised that the effect of switching an eligible child from a GA to a TANF grant would be to increase the monetary benefit from $123.00 to $201.00. This amounts to a benefit increase of more than 60%. Approximately 300 children would be affected. Moreover, the TANF standards (Section 3010) require the caretaker to enter into a Contract of Mutual Responsibility which prompts child immunization and regular school attendance. Finally, the TANF caretaker becomes eligible to participate in work support programs. See Summary of Proposed Changes at 14 DE Reg. At 91-92. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 307 Second, there are some potentially negative aspects to the change. TANF imposes sanctions (§3009.1) on caretakers who fail to meet the benchmarks in the Contract of Mutual Responsibility which can amount to total elimination of benefits. The GA program is less prescriptive in imposition of beneficiary obligations. Unlike TANF, there are no equivalent requirements for participating in parenting classes, cooperation with child support, and ensuring child immunization and school attendance. Third, §3004 should be revised. A. The existing section contains an introductory sentence defining “relatives” which incorporates a bulleted list of “relatives”. The new section retains the bulleted list but no introductory sentence (e.g. “(a) relative is defined as follows”). The result is a list of qualifying “relative” standards with no context. See, e.g., analogous references in §3004 (e.g. “(a) guardian is defined as”; “a custodian...is defined as”). B. The definition of “relative” could be enhanced by including a reference to an adult relative caregiver with a valid Caregiver Authorization form on record with the child’s public school pursuant to Title 14 Del.C. §202. C. The definition of “guardian” is odd. For example, it only contemplates appointment of a guardian by the Family Court. The Court of Chancery has concurrent jurisdiction to appoint guardians of minors. See Title 12 Del.C. §3902. Moreover, it characterizes persons authorized by DFS to exercise custody and care of a child as a “guardian”. This is a distortion of law. Apart from the Court of Chancery, only the Family Court has the authority to appoint a “guardian” of a minor. See Title 10 Del.C. §925(16). SCPD is not aware of any statute which grants the DSCYF the authority to appoint a guardian. Finally, DFS is only one of multiple agencies which may delegate care of children to adults. See, e.g., Title 10 Del.C. §1009. Fourth, in §3004.1, first sentence, DSS may wish to delete the reference to “parent’s” since it is redundant. The definition of “caretaker” in §3001 ostensibly covers both parents and non-parents. In summary, SCPD has the following recommendations. A. DSS should consider some technical amendments based on Pars. 3 and 4 above. Agency Response: DSS responds as follows to your recommendations: 1) SCPD suggested a heading be added to the bulleted text that defines a relative. The suggested text was added. 2) SCPD suggested that relative status be verified by the submittal of the caregiver authorization form on record at the child’s public school. This document is one of a variety of documents which may be presented by the relative to verify their relationship to the child. Adding the suggested text would limit the relative’s ability to provide other verification which may be more readily available. At this time it has been decided not to limit verification of relationship to the caregiver authorization form. 3) SCPD commented that the definition of guardian was “odd”, and suggested some revisions. Based on the feedback received by you and others the text defining guardian has been replaced with the following: For the purposes of the TANF program a guardian is defined as: • An adult providing an appropriate supportive living arrangement who has been appointed as guardian of the child(ren) in his/her care by an authorized court, or • an adult who has received the consent and approval to exercise the day-to-day care, custody, and control of the child(ren) in his/her care by the Delaware Division of Family Services or any agency or court licensed or authorized to place children in a nonrelated home. However, the Council suggested the word “parent’s” be removed from the first sentence of policy 3004.1. The decision was made not to remove the word. B. DSS should consider whether caretakers could be given the option of applying for GA or TANF on a qualifying child’s behalf. As illustrated in §4001.1, deleted Illustration #5, a caretaker and child can currently qualify as separate GA assistance units. There may be circumstances in which the caretaker views the TANF requirements as unduly onerous. If an option cannot be authorized, SCPD endorses the regulation given the significant increase in financial benefit to most eligible caretakers and children. Agency Response: It is the decision of DSS not to allow this option. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 308 FINDINGS OF FACT: The Department finds that the proposed changes as set forth in the August 2010 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) regarding the Delaware General Assistance and TANF Programs is adopted and shall be final effective October 10, 2010. Rita M. Landgraf, Secretary, DHSS DSS FINAL ORDER REGULATIONS #10-42 REVISIONS: 3000 Temporary Assistance for Needy Families (TANF) - Definition TANF is a cash assistance program for minor children who are needy as determined by Division standards and who are: Living in the home of a parent, guardian, custodian, or specified relative. Purpose of Delaware's Welfare Reform Plan, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES TEMPORARY ASSISTANCE FOR NEEDY FAMILIES is Delaware's plan to transform its welfare system. The State and the family have mutual responsibilities. The State will create positive incentives for the family to become self-sufficient. The family must accept responsibility to become self-sufficient and self-supporting. There are five key principles that form the plan's foundation. They are: 1. WORK SHOULD PAY MORE THAN WELFARE; 2. WELFARE RECIPIENTS MUST EXERCISE PERSONAL RESPONSIBILITY IN EXCHANGE FOR BENEFITS; 3. WELFARE SHOULD BE TRANSITIONAL, NOT A WAY OF LIFE; 4. BOTH PARENTS ARE RESPONSIBLE FOR SUPPORTING THEIR CHILDREN; and 5. THE FORMATION AND MAINTENANCE OF TWO-PARENT FAMILIES SHOULD BE ENCOURAGED, AND TEENAGE PREGNANCY AND UNWED MOTHERHOOD SHOULD BE DISCOURAGED. The purpose of the following policies is to outline the manner in which the Division of Social Services intends to carry out this vision of its welfare reform plan. (Break in Continuity of Sections) 3000.4 TANF and State Only Foster Care If a child is living with a minor parent and the minor parent receives State Only Foster Care payments, the child may receive cash assistance. The minor parent cannot be included in the cash assistance program. The minor parent may be a TANF payee if she cares for the child and is capable of handling funds. Contact the minor parent's Child Protective Services worker for this determination. If someone other than the minor parent cares for the child or if the minor parent is not capable of handling funds, an adult in the household may be payee. If the adult meets the definition of a "specified relative" (Social Services Manual Section 3004), that adult may receive TANF for the child. If the adult does not meet the definition of a "specified relative," that adult may receive GA for the child. The minor parent is not included in the TANF grant and the State Only Foster Care payment is not considered income to the child. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 309 (Break in Continuity of Sections) 3004 Specified Relationship Caretakers in TANF Families Relationship To be eligible for TANF, a child must be living in the home of one of the following relatives: Assistance is provided to needy families. A family is one or more children living with a specified relative, guardian, or custodian (adult acting in loco parentis). [Specified relative is defined as:] • Any relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child. The degree of relationship is as follows: a parent (1st degree), grandparent (2nd degree), sibling (2nd degree), great-grandparent (3rd degree), uncle or aunt (3rd degree), nephew or niece (3rd degree), great-great-grandparent (4th degree), great-uncle or aunt (4th degree), first cousin (4th degree), great-great-great-grandparent (5th degree), great-great uncle or aunt (5th degree), or a first cousin once removed (5th degree). • Any other persons named in the above groups whose relationship to one of the child's parents is established by legal adoption; • The spouse of any person named in the above groups even though the marriage terminated by death or divorce. [A guardian is defined as: An adult providing an appropriate supportive living arrangement who has been authorized by the Delaware Division of Family Services or the Family Court of Delaware to exercise the day-to-day care, custody, and control of the child(ren) in his/her care. For the purposes of the TANF program a guardian is defined as: • An adult providing an appropriate supportive living arrangement who has been appointed as guardian of the child(ren) in his/her care by an authorized court, or • an adult who has received the consent and approval to exercise the day-to-day care, custody, and control of the child(ren) in his/her care by the Delaware Division of Family Services or any agency or court licensed or authorized to place children in a nonrelated home.] A custodian or an adult acting in loco parentis ("in the place of a parent") is defined as: An adult who provides an appropriate supportive living arrangement for the child(ren) in his/her care, and who has: • intentionally taken over the duties of a parent and is responsible for exercising the day-to-day care, custody, and control of the child(ren), • accepted the legal responsibility of caring for the child, • been referred to the Delaware Division of Family Services for purposes of determining suitability of the adult to act in loco parentis and the dependency of the child(ren). [Custodians Adults acting in loco parentis] are required to acknowledge their acceptance of the legal responsibility for the child(ren) in their care and their intentional acceptance of the day-to-day care, custody, and control of the child(ren) in their care. This acknowledgement must be in writing and on a Division of Social Services approved form. The Division of Family Services [(DFS)], within the Department of Services for Children, Youth, and Their Families [DSCYF] must approve the living arrangement of a custodian and the children they are caring for by the next redetermination. If [the custodial relationship verification of consent and approval by DFS] is not [approved provided] by the next redetermination, TANF payments should be stopped. Paternity Establishment: When a child lives with both the natural father and the mother but paternity has not been legally established, refer the parents to the Division of Child Support Enforcement (DCSE) for a voluntary acknowledgement of paternity. If the alleged father is unwilling to complete the voluntary acknowledgement of paternity, DSS will FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 310 consider the child deprived of the care and support of his/her father. Refer the case to DCSE for follow-up on establishing paternity. When a child lives with the natural father, but paternity has not been legally established, have the father complete a declaration of natural relationship document. Obtain one additional document from the documents listed below to support the natural father's claim of relationship. • Social Security Administration records; • Hospital, clinic, or Public Health Records; • Department of Services to Children, Youth, and Their Families records; • Census Bureau records; • Income Tax records specifying the relationship; • Insurance policies which specify the relationship; • Military or veterans records which specify the relationship Statement from a minister, priest, or rabbi; • Family bible, Baptismal Certificate or other family records (such as wills, deeds), written in ink and not altered which specify the relationship; • Statement of physician or midwife who attended the birth and remembers the names of the people involved; • Other government or local agency records, newspaper records, or local histories which specify the relationship; • A Declaration of Natural Relationship signed by the mother or other maternal relative; • If none of the above documents are available, a declaration of Natural Relationship signed by a knowledgeable person. When a child lives with a relative of the natural father, but paternity has not been legally established, have the relative complete a Declaration of Natural Relationship document. Obtain one additional document from the documents listed above to support the relative's claim of relationship. 3004.1 Living in the home The parent's or relative's caretaker’s statement that the child is living in the home must be verified at the time of application and at each subsequent redetermination. A home is defined as the family setting where the child and the caretaker relative reside. The home exists as long as the relative is the responsible caretaker even if the child or the relative caretaker is temporarily absent (See DSSM 3023.4, 3023.5, and 3023.6). The child is considered living with the relative caretaker even if the child is under the jurisdiction of the court (e.g., receiving probation services or protective supervision) or legal custody is held by an agency, as long as the child continues to live at home. (Break in Continuity of Sections) 3010 Participation and Cooperation in Developing CMR It is mandatory that the caretaker enter into a Contract of Mutual Responsibility. The Contract applies to those families in the Time Limited Program and Children's Program, as well as to teen parents. Other family members within the assistance unit may be subject to compliance with provisions of the Contract, even if the caretaker is a non-needy caretaker relative payee. If the caretaker is a non-needy caretaker relative, the individual would not be required to participate in employment-related activities, but may be required to participate in other Contract activities. The caretaker may object to certain aspects of the Contract. The caretaker needs to present any objections up front, at the time of the initial Contract or upon Contract revision. DSS retains the ultimate decision making authority as to what elements are put into the Contract of Mutual Responsibility. DSS expects clients to cooperate in the development of the Contract of Mutual Responsibility. Certain aspects of the Contract, such as, but not limited, to participation in employment-related activities, meeting school attendance requirements and immunization, cannot be amended. However, even though certain aspects cannot be FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 311 amended, this does not imply that caretakers cannot discuss and/or negotiate Contract requirements. Further, this is not to imply that such discussion and/or negotiation is non-cooperation. To the extent possible, each caretaker should be able to mutually develop her/his Contract. DSS is to give caretakers the opportunity to understand the Contract and its requirements, as well as to discuss the Contract with persons outside the DSS office. Reasons for requesting such an outside review of the Contract include, but are not limited to, language barriers, developmental disabilities, or to seek legal or other counsel. Caretakers therefore, should be granted their requests to remove proposed Contracts from the DSS office in order to review it with another person. This should not be considered non-cooperation. Negotiating elements of the CMR can mean that aspects of the CMR are waived. On a case by case basis, elements of the CMR can be waived if good cause exists. If the particular circumstances of a family warrant waiving elements of the CMR it is to be justified and properly documented in the case record. See Administrative Notice A-10-99 DFS/DSS Procedures. For example: a parent's only child is terminally ill. It is reasonable to determine that a parent would want to spend as much time with the child as possible. Therefore, waiving school attendance requirements and parenting education requirements are reasonable. Document the child's illness and the reason for the waiving of the CMR requirements in the case record. (Break in Continuity of Sections) 3018 General Assistance (GA) General Assistance is a State funded cash assistance program available to families and unemployable individuals who meet the financial eligibility requirements of the program and who are ineligible for TANF and SSI with the following exception: A child's caretaker relative, who is otherwise eligible for GA and who is not the child's parent, may choose to receive GA instead of TANF. EXAMPLE: A woman with no income is unemployable and is the caretaker of a seven year old niece. The woman may choose to receive GA for herself and be payee only for the TANF grant for her niece, or she may be included in the TANF unit with her niece. Married or unmarried couples living with their children as a family unit that are not eligible for TANF or TANFUP are technically eligible for GA. EXAMPLE: A couple lives with their children as a unit. Both parents are healthy and unemployed. Neither parent meets work quarter requirements for TANF-UP. The family is technically eligible to receive GA. (Break in Continuity of Sections) 3021 Unrelated Children RESERVED A needy child (one whose income is less than the GA Standard of Need), who lives with an unrelated adult caretaker, is technically eligible for General Assistance. The caretaker is payee for the child's grant and may be included in the GA budget group if he/she is also needy and meets at least one of the conditions specified in DSSM 3019. In such cases, DSS will document the child's presence in the home and the reason that the child is not living with his/her parents. The possibility of financial support from the parents is also investigated. In all such cases, the DFS will be notified of the child's placement so a study of the home can be made. 3022 Ineligibility Due to Family Cap RESERVED A needy child, who is ineligible for TANF cash benefits due to the Family Cap provision of Delaware's Temporary Assistance To Needy Families, is not technically eligible for GA. (Break in Continuity of Sections) FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 312 3027 Age as a Condition of Eligibility For purposes of determining eligibility for cash grants, persons 18 years old and over are considered adults. Persons under age 18 are considered children. An individual is not eligible for General Assistance as a child the month of his/her birthday. If such children are General Assistance recipients, they will be removed from the assistance unit that last day of the month prior to the month of their 18th birthday. An individual is not eligible for TANF as a child the month of his/her 18th birthday if their birthdate is the 1st day of the month. If such children are TANF recipients, they will be removed from the assistance unit the last day of the month prior to the month of their 18th birthday. An individual is eligible for TANF as the child the month of his/her 18th birthday if their birthday is the 2nd - 31st day of the month. If such children are TANF recipients, they will be removed from the assistance unit effective the last day of the month he/she turns 18. (Break in Continuity of Sections) 3027.2 Minor Parents An unmarried parent, under the age of 18, and the dependent child(ren) in his or her care is to reside in the household of a parent, legal guardian, custodian, other adult relative, or in an adult supervised supportive living arrangement to receive TANF benefits. Emancipated minors are considered adults for the purpose of establishing eligibility for assistance. An eligible emancipated minor may receive an assistance grant in his/her own name. Emancipation must be documented in the case record. Acceptable documentation includes: 1) Court records; or 2) The minor's valid marriage license; or 3) Written statements from the Division of Family Services verifying the minor's emancipation. If the minor parent and his or her children reside in an adult supervised supportive living arrangement, the Division of Family Services, within the Department of Services for Children, Youth and Their Families, must approve the living arrangement by the next redetermination. If the adult supervised supportive living arrangement is not approved by the next redetermination, TANF payments should be stopped. Assistance is to be provided in the form of a protective payment to the minor parent's parent, legal guardian, other adult relative, or adult in the supervised supportive living arrangement. (Break in Continuity of Sections) 3028.1 Mandatory Composition of Assistance Units In TANF, the assistance unit will always include: 1. The dependent child; and 2. The dependent child's blood related or adoptive siblings who are under 18 and who are also dependent children; and 3. The dependent child's natural or adoptive parent(s). If both parents live in the home, both parents must be included in the unit regardless of the parents' marital status. In a case where paternity has not been legally established, the putative father must acknowledge paternity as a condition of eligibility. Note: In 2 and 3 above, the child or parent must also reside in the home and be otherwise eligible. Examples of persons who are not otherwise eligible include, but are not limited to SSI recipients, and the Employment and Training Program sanctioned individuals. EXAMPLE: A grandmother has day to day care and control of her minor grandchild and is receiving TANF for herself and the child. The child's mother moves into the home, but the grandmother retains custody and continues to act as the child's caretaker. Since, according to TANF regulations, a parent is a mandatory member of the assistance unit, the mother must be added. If the mother has income, the income must be budgeted. The grandmother may remain in the unit because TANF regulations allow for the inclusion of a needy caretaker relative. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 313 EXAMPLE: In TANF, where children who live in the home include the caretaker's own children and a child who is related in some other manner (e.g., niece or nephew), establish two assistance units. One will include the caretaker and his/her children, and the other will include the other related child with the caretaker as payee only. When more than one such child lives in the home, each child will be placed in a separate assistance unit unless the children must be considered together as specified in 1 and 2 above. EXAMPLE: In GA, establish a separate assistance unit for an unrelated child living in the home of a family that is also eligible to receive a grant. When more than one such child resides in the home, each child will be placed in a separate assistance unit. However, children who are siblings are always considered together and will be placed in the same assistance unit. EXAMPLE: In GA, establish a separate assistance unit for an unrelated child and the adult caretaker who is also eligible to receive GA on their own. For instance, the adult caretaker is age 55 or older. Establish two separate GA assistance units; one for the caretaker and one for the child. (See DSSM 4001) 9 DE Reg. 1979 (06/01/06) 3028.2 Optional Composition of Assistance Units 1. In TANF the dependent child, and if residing in the home and otherwise eligible, the child's blood related or adoptive minor siblings, and the child's natural or adoptive parent(s) must be included in the unit. When both parents of the dependent child are in the home, both parents must be included in the unit regardless of their marital status. In a case where paternity has not been legally established, the putative father must acknowledge paternity as a condition of eligibility. A non-parent needy caretaker relative may be included in the unit if the caretaker so chooses. The needy legal spouse of a caretaker relative may be included in the unit only if the caretaker is the natural or adoptive parent of the child(ren), and the caretaker is incapacitated or is the principal wage earner and qualifies as an unemployed parent. 2. In TANF married couple cases, where each adult has children from previous relationships that are eligible for TANF, include the family in one TANF unit. If the couple has children in common who are also eligible for TANF, include these children in the unit also. 3. In TANF married or unmarried couple cases where each adult has children from previous relationships who are eligible for TANF, they have the option of being in one assistance unit or two separate assistance units. If the unit fails financially, a separate assistance unit may be established for the child(ren) of the previous relationships. For example, a couple each have a child from previous relationships. Initially, we place all the family members into one TANF assistance unit. Income from the male partner's job makes the family ineligible for TANF. We have the option of placing the female partner and her child from a previous relationship into a TANF assistance unit. In this scenario, if the couple were married, a step-parent situation would exist. If the couple were not married, eligibility is based solely on the information from the female partner and her child. 4. When a couple, married or unmarried, has a child in common and each partner has a child from a previous relationship, the couple, the child in common, and the other children will initially be placed in one TANF assistance unit. The siblings keep this as one assistance unit. Example: A couple each have a child from previous relationships and they have a child in common. Initially, we place all the family members into one TANF assistance unit. Income from the male partner's job makes the family ineligible for TANF. We have the option of placing the female partner and her child from a previous relationship into a TANF assistance unit. In this case if the couple were married, a step-parent situation would exist. If the couple were not married, eligibility is based solely on the information from the female partner and her child. 5. A pregnant woman, with no other children, may receive TANF beginning on the first day of the month that her child is expected to be born, if the woman meets all other technical and financial eligibility requirements, and her expected due date has been verified by a physician. The child is added to the unit, and a supplemental grant is effective the date of its birth if the birth is reported within five (5) days. If the birth is not reported within five (5) days, the child is added to the unit and the grant is effective as of the date of the report. The child's father, if he is otherwise eligible, is also added using these guidelines. Procedures for completing supplemental applications for newborns are outlined in DSSM 2000.6. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 314 (See DSSM 4010 for Budgeting instructions) A pregnant woman who plans to place her child for adoption is eligible for TANF beginning the 1st day of the month her child is due, assuming she meets all other eligibility requirements. If she still plans to terminate her parental rights after the child is born, the child cannot be added to the assistance unit and the child is not eligible for Medicaid. In this instance, the TANF case is closed at the end of the month that the birth occurs. 6. If a child receiving SSI is the only child in the home, the child's caretaker relative can receive TANF if the child is deprived of parental care. The caretaker's needy legal spouse can receive TANF if the caretaker is the child's natural or adoptive parent and the caretaker is incapacitated or qualifies as an unemployed parent. 7. For GA eligible adults, include the adult. The adult's spouse or UMP is also included if the spouse or partner also meets a condition of unemployability. 8. For children eligible for GA who are living with a non relative caretaker, include the child. The caretaker may also be included if the child is under six and the caretaker is needy. 98. A woman who has a verified pregnancy and receives a GA check the month she delivers her child is eligible for TANF that month for herself and her child if she reports the birth to DSS, and she meets all other TANF technical and financial eligibility requirements. The TANF grant is effective the date of the child's birth if the birth is reported within five (5) days. The TANF grant is effective the date of the report if the birth is not reported within five (5) days. If the pregnancy had not been verified, the TANF grant is effective the date the birth is verified. (Break in Continuity of Sections) 4001 Family Budget Group Assume there is no income. Family budget group is the total number of persons whose needs and income are budgeted together. This will always include the following: 1. Married couples if they live together and are both eligible for a grant. 2. Unmarried couples who live together as husband and wife and are both eligible for a grant. NOTE: In GA, couples will be considered as living together as husband and wife if: a. They say they are married, even if the marriage cannot be verified, or b. They are recognized as husband and wife in the community, or c. One partner uses the other's last name, or d. They state they intend to marry, or e. They jointly hold resources. 3. Parents and their eligible children. Family budget groups will consist of more than one assistance unit when all budget group members are not placed in the same assistance unit. In those instances, the need standard for the family cannot exceed the TANF need standard for the budget group size as specified in Section 4007.2. (See DSSM 3028 for a definition of an assistance unit) In households that include a caretaker, the caretaker's children and other children that are the caretaker's responsibility, the caretaker's needs and income and those of his/her children are always budgeted together. The needs and income of any other children in the home will be considered separately. In these situations, the separate budget groups can be combined to form a single family budget group only when the following conditions are met: A. Assistance would be denied to any of the recipients by maintaining separate budget groups. B. The caretaker understands the implications of combining the budget groups (i.e., lower assistance payments) and chooses to have his/her needs and income and those of his/her children considered with the needs and income of any other children in the home. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 315 4. A needy caretaker caring for an unrelated child under the age of six (6) who is needed in the home to care for the child because no one else is available can receive General Assistance (GA) for him/her self and the child in two assistance units but one budget group. SEE DSSM 3028. 5. A caretaker caring for an unrelated child may be able to receive GA for the child in one assistance unit while receiving GA for him/her self as well, in a separate assistance unit as long as one condition in DSSM 3019, other than #4 is met. They would be in two separate budget groups. 4001.1 Examples to Illustrate Rules Regarding Budget Groups. 1. Mr. and Mrs. Brown apply for assistance for themselves, their two (2) children, and Mrs. Brown's niece. Mr. Brown is ill and unable to work. (Refer to A-18-99 for more details) Mr. and Mrs. Brown are eligible for TANF and are placed in one budget group with their two (2) children. Mrs. Brown's niece is eligible for TANF and is placed in another budget group with Mrs. Brown as payee. The Browns with their children receive an TANF grant for four (4) people. Mrs. Brown's niece receives a TANF grant for one (l) person. 2. Mr. and Mrs. Johnson are applying for themselves, their child, and an unrelated child that lives in their home. Mr. and Mrs. Johnson and their child are eligible for TANF and are placed in one budget group. The unrelated child is eligible for GA and placed in a separate budget group. The Johnson's will receive a TANF grant for three (3) people and the unrelated child will receive a GA grant for one (l) person. 3. Mrs. Jones is divorced and is applying for herself, her daughter, a niece, and an unrelated child. Mrs. Jones and her child are eligible for TANF and are placed in one budget group. The niece is eligible for TANF and placed in another budget group. The unrelated child is eligible for GA and is in a third budget group. 4.2. Ms. Lord is applying for herself, her child and her niece and nephew who are sister and brother. Ms. Lord and her child are eligible for TANF and are in one budget group. Ms. Lord's niece and nephew are eligible for TANF and placed in another budget group. 5. Mr. Smith is caring for a three year old child for whom he is not related. Mr. Smith is needy. Someone is needed in the home to care for the child but there is no one else available. Mr. Smith and the child could each receive GA in separate assistance units. They would be in one budget group capped by the GA size for two (2) people. 6. Mrs. Robinson is caring for a child for whom she is not related. Mrs. Robinson is fifty-five (55) years of age. Mrs. Robinson and the child could each receive GA in separate assistance units. They would be two (2) separate budget groups. NOTE: When income is included in any of the above situations, it is possible that some of the recipients would be denied by maintaining separate budget groups, but all recipients could remain eligible if the groups are combined. In those situations the budget groups can be combined if the caretaker so chooses. (Refer to Administrative Notice A-18-99 for more details.) (Break in Continuity of Sections) 4004.3 Earned Income Disregards in GA The following disregards are deducted from gross earned income in the GA budgeting process. Disregards are applied to each earner's wages. 1. Standard allowance for work connected expenses $50. 2. Dependent care expenses as paid up to $160 per month for each child who resides in the home and receives GA. (Break in Continuity of Sections) FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 316 4007.1 Standards of Need/Payment Standard - GA This policy applies to all General Assistance applicants and recipients. 1. The Payment Standard is equal to the Standard of Need. 2. The Division of Social Services determines the Standard of Need. 3. The Division of Social Services may establish different Standards of Need for children and adults. 4. The Division of Social Services will issue an administrative notice detailing Standard of Need changes at least 30 days prior to an implementation of a Standard of Need change. 54. The Division of Social Services will issue an administrative notice annually detailing the current Standard of Need. 13 DE Reg. 1333 (04/01/10) (Break in Continuity of Sections) 4009 Determining Financial Eligibility and Grant Amounts in GA Follow the steps listed below to determine financial eligibility and grant amounts in the GA program. Refer to DSSM 4004.3 for information regarding GA earned income disregards. 1. Subtract $50.00 from earned income. 2. Subtract payment for dependent care from earned income. 3. Compare the sum of remaining earned income plus other income to the applicable GA standard. Deny assistance if income exceeds the standard. 43. If income is less than the standard, subtract income from the applicable GA standard to determine the grant amount. Round remainders by dropping the cents. DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 311 & 7105 (18 Del.C. §§311, 7105) 18 DE Admin. Code 1404 1404 Long-Term Care Insurance ORDER Proposed amendments to Regulation 1404 relating to Long-Term Care Insurance was published in the Delaware Register of Regulations on August 1, 2010. The comment period remained open until September 7, 2010. There was no public hearing on proposed amendments to Regulation 1404. Public notice of the proposed amended Regulation 1404 in the Register of Regulations was in conformity with Delaware law. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Comments were received from the State Council for Persons with Disabilities (SCPD) and from America’s Health Insurance Plans (AHIP). While the major purpose of the proposed amendments are to prohibit post-claim underwriting in long-term care insurance, SCPD did not comment on those proposed changes. SCPD directed its comments to suggested changes in the original Regulation 1404, not the proposed amendments. While the comments are well reasoned and valid, they are directed to updating, modernizing the substantial part of the existing regulation not being amended. What the Department of Insurance advertised as proposed amendments to the regulation is the only subject open for comment. SCPD’s observation are well taken and will be considered for future changes to the regulation. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 317 ACLI wrote to express support for the proposed amendment’s rescission sections. The ACLI suggested that rather than incorporate some sections of the Model Regulation adopted by the National Association of Insurance Commissioners (NAIC) the Delaware Department of Insurance should adopt the Model Regulation whole. The Department has chosen to adopt sections of the Model Regulation that it feels are needed in this State. The ACLI pointed out errors in terminology that were not changed throughout the document, including the change from the use of “agent” to that of “Producer”. Those non-substantive changes are made in the final document. The ACLI also noted sections of the Model Language that should be adopted in the future for purposes of clarity. That advice will be seriously considered in future updates. FINDINGS OF FACT Based on Delaware law and the record in this docket, I make the following findings of fact: The requirements of the proposed amendments to Regulation 1404 best serve the interests of the public and of insurers and comply with Delaware law. DECISION AND EFFECTIVE DATE Based on the provisions of 18 Del.C. §§314, 1111 and 29 Del.C. §§10113-10118 and the record in this docket, I hereby adopt amended Regulation 1404 as may more fully and at large appear in the version attached hereto to be effective on October 11, 2010. TEXT AND CITATION The text of the proposed Regulation 1404 last appeared in the Register of Regulations Vol. 14, Issue 2, pages 92-93. IT IS SO ORDERED this 8th day of September 2010. Karen Weldin Stewart, CIR-ML Insurance Commissioner 1404 Long-Term Care Insurance *Please Note: Due to the size of the final regulation, it is not being published here. A copy of the regulation is available at: 1404 Long-Term Care Insurance FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 318 DEPARTMENT OF JUSTICE FRAUD AND CONSUMER PROTECTION DIVISION Statutory Authority: 6 Delaware Code, Section 2432A(h) (6 Del.C., §2432A(h)) 102 Debt Management Services ORDER A public hearing was held to receive comments related to the Delaware Uniform Debt Management Services Act authorized under 6 Del.C., §2432A(h). Notice was provided as required under the Administrative Proceedings Act in the Register of Regulations at 14 DE Reg. 93-102 (08/1/2010) as well as in the News Journal and Delaware State News on August 19, 2010 and August 6, 2010, respectively. 29 Del.C., §10115. In addition, notice was mailed to licensees and posted on the Consumer Protection web page. The Director of Consumer Protection conducted the public hearing held at 10 a.m. on September 9, 2010 in the Carvel State Office Building, 6th floor, 820 N. French St., Wilmington, DE 19801. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED No written or verbal comment was received. RECOMMENDED FINDINGS OF FACT The proposed rules clarify the procedures used in order to efficiently manage licensure applications and implement administrative enforcement. The changes are needed to protect the public though effective licensing and enforcement. There was no objection the proposals. RECOMMENDED ACTION After considering the provisions in the Delaware Uniform Debt Management Services Act including the mandate for uniformity of application in 6 Del.C., §2438A and without public objection, it is the recommendation of the Director of Consumer Protection that the Attorney General make the proposed findings and adopt the proposed rules as published pursuant to his authority in 6 Del.C., §2432A(h) as published. DEPARTMENT OF JUSTICE Ian R. McConnel Director of Consumer Protection Date: September 9, 2010 ORDER AND EFECTIVE DATE After review of the law and the recommendation of the Director of Consumer Protection, I hereby adopt the recommended Findings of Facts and the Rules as proposed in 14 DE Reg. 93-102 (8/1/2010) to become effective October 11, 2010. DEPARTMENT OF JUSTICE Joseph R. Biden III Attorney General Date: September 15, 2010 FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 319 102 Debt Management Services *Please note that no changes were made to the regulation as originally proposed and published in the August 2010 issue of the Register at page 93 (14 DE Reg. 93). Therefore, the final regulation is not being republished. A copy of the final regulation is available at: 102 Debt Management Services DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60) 7 DE Admin. Code 1124 Secretary’s Order No.: 2010-A-0030 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions: Section 11.0, “Mobile Equipment Repair and Refinishing” Date of Issuance: September 17, 2010 Effective Date of the Amendment: October 11, 2010 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding. Background and Procedural History This Order considers proposed regulation amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compound Emissions: Section 11.0, “Mobile Equipment Repair and Refinishing”. The purpose of these proposed amendments is to conform to a new model rule developed by the Ozone Transport Commission (OTC). The other OTC states are in the process of adopting a similar regulation. This proposed revision to Delaware’s existing Regulation No. 1124 reduces the volatile organic compound (VOC) contents of currently regulated coatings, regulates additional coating categories, requires the use of coating application equipment that provides for high transfer efficiency, and requires that surface cleaning solvent contain no more than 25 grams of VOC per liter. The Department’s Division of Air Quality commenced the regulatory development process with Start Action Notice 2009-34. The Department published the proposed regulatory amendments in the May 1, 2010 Delaware Register of Regulations and held a public hearing on June 10, 2010. The Department’s presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer’s Report dated September 9, 2010 (Report). The Report recommends certain findings and the adoption of the proposed Amendments as attached to the Report as Appendix A. Findings and Discussion I find that the proposed Amendments are well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed Amendments. The Department received public comments, as noted in the Report, and considered and responded to all timely and relevant public comments in making its determination. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 320 I find that the Department’s experts in the Division of Air Quality fully developed the record to support adoption of these Amendments. With the adoption of these regulatory amendments, Delaware will conform to a new model rule developed by the Ozone Transport Commission (OTC), and will mirror the other OTC states who are in the process of adopting similar regulations as well. In conclusion, the following findings and conclusions are entered: 1.) The Department has jurisdiction under its statutory authority to issue an Order adopting these proposed Amendments as final; 2.) The Department provided adequate public notice of the proposed Amendments, and provided the public with an adequate opportunity to comment on the proposed Amendments, including at a public hearing; 3.) The Department held a public hearing on June 10, 2010 on the proposed Amendments in order to consider public comments before making any final decision, and fully considered and responded to all timely and relevant comments received from the regulated community concerning this matter; 4) The Department’s Hearing Officer’s Report, including its recommended record and the recommended Amendments as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order; 5.) The recommended Amendments do not reflect any substantive changes from the proposed regulation Amendments as published in the May 1, 2010, Delaware Register of Regulations; 6.) The recommended Amendments should be adopted as final regulation Amendments because (1) Delaware will be enabled to conform to a new model rule developed by the Ozone Transport Commission (OTC); (2) the Department’s revisions to Section 11.0 of 7 DE Admin. Code 1124 will reduce the volatile organic compound (VOC) contents of currently regulated coatings, regulate additional coating categories, require the use of coating application equipment that provides for high transfer efficiency, and require that surface cleaning solvent contain no more than 25 grams of VOC per liter; and (3) the regulation amendments are well supported by documents in the record; and that 7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate. Collin P. O’Mara, Secretary 1124 Control of Volatile Organic Compound Emissions *Please Note: Due to the size of the proposed regulation, it is not being published here. A copy of the regulation is available at: 1124 Control of Volatile Organic Compound Emissions DIVISION OF AIR AND WASTE MANAGEMENT Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60) 7 DE Admin. Code 1138 Secretary’s Order No.: 2010-A-0028 and 2010-A-0029 1138 Emission Standards for Hazardous Air Pollutants for Source Categories Date of Issuance: September 17, 2010 Effective Date of the Amendment: October 11, 2010 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding. FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 321 Background and Procedural History This Order considers the proposed regulatory amendment to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 13.0, “Area Source Methylene Chloride Paint Stripping Operations” and Section 15.0, “Area Source Motor Vehicle or Mobile Equipment Surface Coating Operations”. The proposed new Section 13.0 will affect facilities that perform paint stripping operations using chemical strippers that contain methylene chloride. The proposed new Section 15.0 will affect motor vehicle (auto-body shops) or mobile equipment surface coating operations that spray-apply coatings which contain any compounds of cadmium, chromium, lead, manganese or nickel. This proposed new section is based upon a federal rule that the U.S. Environmental Protection Agency (EPA) promulgated at 40 CFR Part 63, Subpart HHHHHH as well as existing requirements in similar area source standards found throughout Regulation 1138. It should be noted that this proposed amendment does not apply to non-motor vehicle or non-mobile equipment surface coating operations, as the Department addressed these sources with the adoption of Section 14 of Regulation 1138 in april 2010. The purpose of this proposed regulatory action is to provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride. Additionally, methylene chloride is classified as probable human carcinogens by the EPA. The Department’s Division of Air Quality (DAQ) commenced the regulatory development process with Start Action Notices 2009-08 and 2009-17. The Department published the proposed regulatory amendment in the May 1, 2010 Delaware Register of Regulation and held a public hearing on June 10, 2010. The Department’s presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer’s Report dated September 9, 2010 (Report). The Report recommends certain findings and the adoption of the proposed Amendment as attached to the Report as Appendix A. Findings and Discussion I find that the proposed Amendment is well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department’s expert developed the record and drafted the proposed Amendment. Throughout the entire regulatory development process regarding this promulgation, the Department received public comments from the regulated community, as noted in the Report, and considered and responded to all timely and relevant public comments in making its determination. I find that the Department’s DAQ expert fully developed the record to support adoption of this Amendment. With the adoption of the regulation amendment to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 13.0, “Area Source Methylene Chloride Paint Stripping Operations” and Section 15.0, “Area source Motor Vehicle or Mobile Equipment Surface Coating Operations”, Delaware will be able to mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart HHHHHH and provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride, cadmium, chromium, lead, manganese, or nickel compounds, which are classified as a probable human carcinogens by the EPA. In conclusion, the following findings and conclusions are entered: 1.) The Department has jurisdiction under its statutory authority to issue an Order adopting this proposed Amendment as final; 2.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposed Amendment, including at a public hearing; 3.) The Department held a public hearing on June 10, 2010 on the proposed Amendment in order to consider public comments before making any final decision, and fully considered and responded to all timely and relevant comments received from the regulated community concerning this matter; 4) The Department’s Hearing Officer’s Report, including its recommended record and the recommended Amendment as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order; 5.) The recommended Amendment does not reflect any substantive change from the proposed regulation Amendment as published in the May 1, 2010, Delaware Register of Regulations; FINAL REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 322 6.) The recommended Amendment should be adopted as final regulation Amendment because Delaware will then be enabled to (1) mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart HHHHHH; and (2) provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to methylene chloride, cadmium, chromium, lead, manganese, or nickel compounds, which are classified as a probable human carcinogen by the EPA. Moreover, the regulation amendment is well supported by documents in the record; and 7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate. Collin P. O’Mara, Secretary 1138 Emission Standards for Hazardous Air Pollutants for Source Categories *Please Note: Due to the size of the final regulation, it is not being published here. A copy of the regulation is available at: 1138 Emission Standards for Hazardous Air Pollutants for Source Categories Section Title Related federal rule at 40 CFR Part 63 Table of Contents 1.0 Overview 2.0 Reserved 3.0 General Provisions Subpart A 4.0 Requirements for Case-By-Case Control Technology Determinations for Major Sources Subpart B 5.0 Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Subpart M 6.0 Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks Subpart N 7.0 Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers Subpart Q 8.0 Emission Standards for Halogenated Solvent Cleaning Subpart T 9.0 Emission Standards for Hospital Ethylene Oxide Sterilizers Subpart WWWWW 10.0 Emission Standards for Hazardous Air Pollutants for Area Source Plating and Polishing Operations Subpart WWWWWW 11.0 Emission Standards for Hazardous Air Pollutants for Area Source Lead Acid Battery Manufacturing Plants Subpart PPPPPP 12.0 Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production Subpart RRR 13.0 Reserved Emission Standards for Hazardous Air Pollutants for Area Source Paint Stripping Operations Subpart HHHHHH 14.0 Emission Standards for Hazardous Air Pollutants for Area Source Miscellaneous Parts or Products Surface Coating Operations Subpart HHHHHH 15.0 Emission Standards for Hazardous Air Pollutants for Area Source Motor Vehicle or Mobile Equipment Surface Coating Operations Subpart HHHHHH GOVERNOR’S EXECUTIVE ORDERS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 323 STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER TWENTY TO: HEADS OF ALL STATE DEPARTMENTS AND AGENCIES RE: MORE EFFECTIVELY UTILIZING INFORMATION TECHNOLOGY RESOURCES TO DRIVE COST SAVINGS IN STATE GOVERNMENT WHEREAS, as Governor, I am committed to making State government more efficient and cost-effective; WHEREAS, every Department and Agency within the Executive Branch (collectively, "Executive Branch Agencies") and the services they provide should be integrated as an enterprise, working together to support Delaware citizens as one organization with overall goals and objectives; WHEREAS, information technology ("IT") is fundamental to many aspects of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware; WHEREAS, historically the State's IT resources have been largely decentralized, in part, due to the concern from agencies that their needs would not be met by a more consolidated or centralized approach; WHEREAS, consolidating the State's information technology operations and services must not result in diminished IT service and capacity for Executive Branch Agencies that deliver important services to Delaware citizens; WHEREAS, consolidating the State's information technology operations and services will allow the State to leverage investments, combine data collection, develop shared applications, accelerate the use of electronic forms, use enterprise-wide licensing software, and create other efficiencies; and WHEREAS, by reducing redundancy, improving service delivery, and reducing IT costs, consolidation of the State's information technology resources will provide enhanced and more cost-effective services to Delaware's citizens. NOW, THEREFORE, I, JACK A. MARKELL, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby DECLARE and ORDER that: 1. The Department of Technology and Information ("DTI") shall conduct a detailed review of each Executive Branch Agency ("Agency"), in collaboration with each Agency, for the purposes of evaluating opportunities to consolidate the State's IT services and operations. Any consolidation shall be subject to federal or state law and shall otherwise provide for on-site and functional support of unique Agency applications, combining technology infrastructure for shared use and maximum efficiency while ensuring the continued support of business functions and processes. To help ensure that consolidating the State's information technology operations and services does not result in diminished IT service and capacity for Agencies that deliver important services to Delaware citizens, a Memorandum of Understanding between DTI and each Agency shall be developed which enumerates the expectations and performance measures related to IT services for that Agency. 2. Information technology resources to be considered for consolidation include, but are not limited to, data centers, infrastructure, hardware, project management, telecommunications, web development, application development, help desk services, information security, and database administration. The consideration for consolidation will be based on several factors including, federal and state law, statewide cost savings, efficiency increases, and GOVERNOR’S EXECUTIVE ORDERS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 324 best practices. 3. In conjunction with the Office of Management and Budget, DTI shall conduct an analysis of all technology-related expenditures for the purpose of centralizing IT funding for services identified for consolidation. This centralization of funding evaluation shall consider all available funding sources including those outside the State's General Fund. 4. In close consultation with the other Agencies, DTI shall develop a set of policies and procedures designed to manage external IT vendors, consultants, and contractors, including the development of a state-wide rate card. 5. To help maximize efficiencies and improve the quality of IT related purchases, any information technology related purchase in excess of $10,000 shall be sent to DTI prior to issuance of a purchase order or execution of a contract. In addition, DTI shall be consulted regarding the use of contractual resources for information technology initiatives and support in excess of $50,000 prior to the work commencing. 6. The Department of Technology and Information shall provide written status reports on consolidation to the Technology Investment Council and the Governor's Office on a regular basis. After DTI enters into a Memorandum of Understanding with an Agency, the status reports will also be provided to the affected Cabinet Secretaries for review and response. 7. No provision of this Order shall be intended to create any individual right or legal cause of action, which does not currently exist under State or Federal law. APPROVED this 27th day of August, 2010 Jack Markell Governor 14 DE Reg. 323 (10/01/10) GENERAL NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 325 DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY PUBLIC NOTICE Personal Finance Content Standards Adoption On September 16, 2010, the Secretary of Education with the consent of the State Board of Education adopted Personal Finance Content Standards for students in grades 9-12. The Personal Finance Content Standards are attached in Exhibit B. Notice of the proposed new content standards was published in the News Journal and the Delaware State News on July 28, 2010 in the form hereto attached as Exhibit A. The Department received 20 comments, with a majority of the comments supporting the new content standards. Further information on the adoption may be found in the September 16, 2010 State Board of Education minutes. Exhibit B PERSONAL FINANCE Limited financial resources compel responsible individuals to make decisions by weighing the benefits against the opportunity cost of each alternative. All financial decisions have short, intermediate and long term consequences. A citizen that lives within his or her income has more control over his or her life while expanding choices. Individuals engage in savings and investing to achieve short, intermediate, and long term financial goals. Having the knowledge and skills to understand and evaluate various types of goods and services, and how to pay for them, can help prevent or limit financial loss. Personal Finance Standard One [Financial Planning and Decision-Making] An individual’s goals affect how they value the benefits and costs of alternative choices. A financial plan is a strategy to accomplish an individual’s or household’s financial goals that will change as an individual’s or household’s situation changes. Effective financial plans incorporate the possibility of unexpected expenditures. 9-12a: Students will apply problem-solving strategies and cost benefit analysis to assess the consequences of financial decisions. 9-12b: Students will create an overall financial plan for spending and saving in order to achieve personal goals. Personal Finance Standard Two [Money Management] When purchasing goods and services, individuals must choose among payment options to maximize benefits. Prudent individuals limit borrowing based on their ability to repay. 9-12a: Students will analyze the benefits and costs of various payment options while applying the mechanics of money management. 9-12b: Students will examine how ability to pay and personal credit history influences an individual’s financial opportunities and choices. Personal Finance Standard Three [Saving and Investing] Every savings and investment decision has a trade-off in terms of giving up goods and services today. Savings options and investments vary in their potential risks, liquidity, and rate of return. Individuals and households invest by purchasing assets that may earn income and/or appreciate in value over time. GENERAL NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 326 9-12a: Students will demonstrate that personal savings and investment compound over time and contribute to meeting financial goals. 9-12b: Students will evaluate the costs and benefits of major savings and investing options. Personal Finance Standard Four [Risk Protection] Risks are associated with life and unplanned events can have serious or catastrophic financial consequences over which an individual may have little control. A citizen with the knowledge and skills to evaluate financial products can prevent or limit loss. 9-12a: Students will understand how to evaluate financial products and services to minimize financial risks. 9-12b: Students will analyze how state and federal laws and regulations protect consumers. CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 327 DEPARTMENT OF AGRICULTURE NUTRIENT MANAGEMENT PROGRAM 1201 Nutrient Management Certification Regulations PUBLIC NOTICE Nutrient Management Certification Regulation Amendments: Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. The proposed changes to the certification regulations establish nutrient handling requirements for certain nutrient handlers. The proposed regulatory amendments address field staging and stockpiling of poultry manure. Comments on the proposed changes will be accepted from October 1, 2010 until October 31, 2010. Any comments should be provided to the Nutrient Management Program office located at 2320 S. Dupont Hwy., Dover, DE 19901, ATTN: Mark Davis The revised regulations are being amended to clarify the Delaware Nutrient Management Commission’s and the Delaware Department of Agriculture’s regulatory position related to the temporary outdoor storage of manure. The amended regulations will also now be aligned with the new confined animal feeding operation regulations. The proposed regulations are posted on the Delaware Department of Agriculture website (www.dda.delaware.gov) Hard copies of the proposed regulations may be obtained from the Delaware Department of Agriculture. Comments may be submitted in writing and/or e-mail to the Mark Davis, (mark.davis@state.de.us), at the Delaware Department of Agriculture, on or before October 31, 2010. A public hearing on these regulations will NOT be held unless the Secretary of Agriculture and the Delaware Nutrient Management Commission (in accordance with 3 Del.C., Section 2221) receive a request within 30 days from this notice, or if the Secretary determines that a public hearing is in the public interest. A request for a hearing shall be in writing and shall state the nature of the issues to be raised at the hearing. It must show familiarity with the proposal and a reasoned statement of the proposed regulations impact. It is requested that written comments, or requests for a hearing be addressed to: Mark Davis Department of Agriculture 2320 South DuPont Highway Dover, DE 19901 Mark.davis@state.de.us DEPARTMENT OF EDUCATION PUBLIC NOTICE The State Board of Education will hold its monthly meeting on Thursday, September 16, 2010 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Durable Medical Equipment (DME) Provider Specific Policy Manual PUBLIC NOTICE In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Division of Social Services Manual (DSSM) regarding Durable Medical Equipment. CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 328 Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by October 31, 2010. The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DIVISION OF PUBLIC HEALTH 4459A Regulations for the Childhood Lead Poisoning Prevention Act PUBLIC NOTICE The Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services, will hold a public hearing to discuss the proposed Delaware Regulations governing the Childhood Lead Poisoning Prevention Act. Currently, the State of Delaware requires lead poisoning screening for children at 12 months of age. The Childhood Poisoning Prevention Act requires a formal screening process be developed so that children at high risk for lead exposure can receive an additional screening test at 24 months of age, while children at lower risk will continue to receive only the currently required screening at 12 months of age. The Division of Public Health plans to promulgate regulations governing the Childhood Lead Poisoning Prevention Act that address a new blood lead screening, record retention protocol, and the requirements of compliance, enforcement, and penalties for violators. The public hearing will be held on October 22, 2010, at 10:00 a.m. in the First Floor Conference Room, located in the Jesse Cooper Building, 417 Federal Street, Dover, Delaware. Copies of the proposed regulations are available for review in the October 1, 2010 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Office of Health Systems Protection at (302) 744-4705. Anyone wishing to present his or her oral comments at this hearing should contact Ms. Deborah Harvey at (302) 744-4700 by October 20, 2010. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by November 1, 2010 to: Deborah Harvey, Hearing Officer Division of Public Health 417 Federal Street Dover, DE 19901 Fax (302) 739-6659 DEPARTMENT OF INSURANCE 506 Crop Insurance Adjusters and Producers NOTICE OF PUBLIC COMMENT PERIOD INSURANCE COMMISSIONER KAREN WELDIN STEWART, CIR-ML hereby gives notice of intent to adopt Department of Insurance Regulation 506 relating to Crop Producers and Adjusters. The docket number for this proposed amendment is 1456. The purpose of the proposed Regulation 506 is to to delineate licensing and continuing education requirements for producers and adjusters specifically for Crop Insurance. The text of the proposed amendment is reproduced in the October 2010 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.delawareinsurance.gov/departments/documents/ ProposedRegs/ProposedRegs.shtml. CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 329 The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:00 p.m., Monday, November 1, 2010, and should be addressed to Mitch Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.736.7979 or email to mitch.crane@state.de.us. DEPARTMENT OF INSURANCE 507 Workers’ Compensation Insurance Adjusters NOTICE OF PUBLIC COMMENT PERIOD INSURANCE COMMISSIONER KAREN WELDIN STEWART, CIR-ML hereby gives notice of intent to adopt Department of Insurance Regulation 507 relating to Workers Compensation Adjusters. The docket number for this proposed amendment is 1457. The purpose of the proposed Regulation 507 is to delineate licensing and continuing education requirements for adjusters specifically for Workers’ Compensation Insurance. The text of the proposed amendment is reproduced in the October 2010 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.delawareinsurance.gov/departments/documents/ ProposedRegs/ProposedRegs.shtml. The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:00 p.m., Monday, November 1, 2010, and should be addressed to Mitch Crane, Esquire, Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.736.7979 or email to mitch.crane@state.de.us. DEPARTMENT OF JUSTICE FRAUD AND CONSUMER PROTECTION DIVISION CONSUMER PROTECTION UNIT 103 CPU Administrative Enforcement Proceedings PUBLIC NOTICE The Attorney General in accordance with 29 Del.C. §2521 has proposed to adopt rules and regulations for administrative enforcement of the consumer protection statutes. A public hearing will be held at 10:00 a.m. on Wednesday, November 3, 2010, in the Attorney General’s conference room on the 6th floor of the Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801, where members of the public may offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Consumer Protection Unit of the Department of Justice at Carvel State Office Building, 5th floor, 820 N. French Street, Wilmington, DE 19801. Persons wishing to submit written comments may forward these to the Director of the Consumer Protection Unit at the above address. The final date to submit written comments will be at the public hearing. CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 330 DEPARTMENT OF LABOR DIVISION OF INDUSTRIAL AFFAIRS Office of Labor Law Enforcement 1327 Notice of Independent Contractor or Exempt Person Status PUBLIC NOTICE The Delaware Department of Labor, Division of Industrial Affairs, Office of Labor Law Enforcement gives notice that it has created a form for employer to complete which contains guidelines of the notice required to be provided to an individual of their classification as either an independent contractor or an exempt person. The Office of Labor Law Enforcement will receive written public comment as to the notice form beginning Friday, October 1, 2010 and ending on Thursday, October 31, 2010, at the Delaware Department of Labor, 225 Corporate Blvd., Suite 104, Newark, Delaware 19702. The Office of Labor Law Enforcement proposes to adopt the Notice of Independent Contractor or Exempt Person Status form as presented in this notice. The proposed form is published in the Delaware Register of Regulations. Copies are available at the Department of Labor, Division of Industrial Affairs, 225 Corporate Blvd., Suite 104, Newark, DE 19702. A copy can be obtained by contacting Francis Chudzik, Supervisor in the Office of Labor Law Enforcement at (302) 451-3401. Persons may submit written comment to the Office of Labor Law Enforcement c/o Francis Chudzik at the address and for the time period set forth above. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT 1125 Requirements for Preconstruction Review 1130 Title V State Operating Permit Program PUBLIC NOTICE The Department proposes to revise Section 3.0 “Prevention of Significant Deterioration of Air Quality “(PSD) of 7 DE Admin. Code 1125, and Section 2.0 “Definitions” of 7 DE Admin. Code 1130 to clarify how air permitting requirements apply to greenhouse gas emissions. The Departments proposal is based on an Environmental Protection Agency rule, 75 FR 31514 Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule (June 3, 2010). The Department will hold a public hearing on these proposed amendments on Thursday, October 28, 2010 beginning at 6:00pm in the Richardson and Robbins Building auditorium, located at 89 King’s Highway in Dover. Interested persons may submit comments in writing to Ronald A. Amirikian, Division of Air Quality, 655 South Bay Road, Suite 5N, Dover, DE 19901 and/or statements and testimony may be presented either orally or in writing at the public hearing. DIVISION OF AIR AND WASTE MANAGEMENT 1140 Delaware Low Emission Vehicle Program PUBLIC NOTICE The provisions of this regulation establish in Delaware a LEV program, which incorporates the requirements of the California LEV program. The LEV program shall apply to all model year 2013 and subsequent motor vehicles that are passenger cars and light-duty trucks subject to the California LEV program and delivered for sale in Delaware on or after January 1, 2013. Statements and testimony may be presented either orally or in writing at a public hearing to be held on Friday, October 22, 2010 beginning at 6:00 p.m. in DNREC’s R & R Building auditorium, Dover, DE. Interested parties may submit comments in writing to: CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 331 Kristoffer Gontkovsky DNREC Division of Air Quality BHCC 655 South Bay Road Suite 5N Dover, DE 19901 DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 700 Board of Chiropractic PUBLIC NOTICE The Delaware Board of Chiropractic, pursuant to 24 Del.C. §706(a)(1), proposes to revise their rules and regulations. The proposed revisions to the rules are an attempt to better organize and clearly establish the standards governing licensed chiropractors in the State of Delaware. The Board will hold a public hearing on the proposed rule change on November 4, 2010 at 09:00 a.m., Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Nancy Fields, Administrator of the Delaware Board of Chiropractic, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. DIVISION OF PROFESSIONAL REGULATION 5200 Board of Examiners of Nursing Home Administrators PUBLIC NOTICE The Delaware Board of Examiners of Nursing Home Administrators, pursuant to 24 Del.C. §5206(1), proposes to revise their rules and regulations. The proposed revisions to the rules are an attempt to better organize and clearly establish the standards governing licensed nursing home administrators in the State of Delaware. The Board will hold a public hearing on the proposed rule change on November 9, 2010 at 2:00 p.m., in the Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Michele Urbaniak, Administrator of the Delaware Board of Nursing Home Administrators, Cannon Building, 861 Silver Lake Blvd, Suite 203, Dover, DE 19904. PUBLIC SERVICE COMMISSION 3001 Regulations Governing Service Supplied by Electrical Corporations PUBLIC NOTICE That this docket is reopened to consider further revisions to the Commission’s Rules For Certification And Regulation Of Electric Suppliers, adopted by PSC Order No. 5207 (Aug. 31, 1999) and revised from time to time (the “Regulations”). The proposed revisions are required by the recent amendments to Sections 1001 and 1014 of Title 26. A copy of the Regulations, showing in red-line the proposed revisions, is appended as Exhibit “A” to this Order. That, pursuant to 29 Del.C. §§10113 and 10115, the Commission Secretary shall transmit to the Registrar of Regulations for publication in the October 2010 Delaware Register of Regulations a copy of this Order; a copy of the Regulations, showing the proposed changes; and a copy of a notice attached hereto as Exhibit “B.” In addition, the Secretary shall cause the notice attached as Exhibit “B” to be published in The News Journal and the Delaware State News newspapers on or before September 30, 2010. The Secretary shall include proof of such publication in the docket file before the public hearing in this matter. Further, the Secretary shall serve (by regular mail or by electronic e-mail) a copy of such Notice on: (a) the Division of the Public Advocate; (b) the State Energy Office; (c) Delmarva Power & Light Company; (d) all certificated electric suppliers; and (e) each person or entity who has made a timely request for advance notice of regulation-making proceedings. CALENDAR OF EVENTS/HEARING NOTICES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 4, FRIDAY, OCTOBER 1, 2010 332 That, pursuant to 29 Del.C. §§10115(a) and 10116, persons or entities may file written comments, suggestions, compilations of data, briefs, or other written materials, on or before October 31, 2010. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed revisions to the Regulations on December 7, 2010, beginning at 1:00 p.m. at the Commission’s office at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware. That the Commission will defer for the time being referring this matter to a Hearing Examiner under 26 Del.C. §502 and 29 Del.C. §10116. Depending on what, if any, comments are received to the proposed revisions to the Regulations, the Commission may determine at a later time that it is necessary to appoint a Hearing Examiner. That at such time as these regulations are approved in an order as final by the Commission, tariffs in compliance with the final regulations as approved by the Commission shall be filed by Delmarva Power & Light Company within 45 days of such a final order. That, pursuant to 26 Del.C. §§114 and 1012(c)(2), all electric suppliers and electric public utilities are hereby notified that they will be charged the costs incurred in connection with this proceeding under the provisions of 26 Del.C. §114(b)(1). The Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper. PUBLIC SERVICE COMMISSION 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standard PUBLIC NOTICE The Public Service Commission proposes to revise its “Rules and Procedures to Implement the Renewable Energy Portfolio Standard,” originally adopted by PSC Order No. 6931 (June 6, 2006) and published at 10 DE Reg. 151-57 (the “RPS Rules”). That, pursuant to 29 Del.C. §§1133 and 10115(a), the Secretary shall transmit to the Registrar of Regulations for publication in the Delaware Register of Regulations a copy of this Order, along with copies of the proposed revised RPS Rules (Exhibit “A”) and the Notice of Proposed Rule-Making, attached as Exhibit “B.” The Secretary shall also cause such Notice of Proposed Rule-Making to be published in The News Journal and the Delaware State News newspapers on or before October 1, 2010. The Secretary shall include proof of such publication in the docket file before the public hearing in this matter. Further, the Secretary shall serve (by regular mail or by electronic e-mail) a copy of such Notice on: (a) the Division of the Public Advocate; (b) the Delaware Energy Office; (c) Delmarva Power & Light Company; (d) all certificated electric suppliers and rural electric cooperatives; and (e) each person or entity who has made a timely request for advance notice of regulation-making proceedings. That, pursuant to 29 Del.C. §§10115(a) and 10116, persons or entities may file written comments, suggestions, compilations of data, briefs, or other written materials, on or before October 31, 2010. Pursuant to 29 Del.C. §10117, the Commission will conduct a public hearing on the proposed revisions to the RPS Rules on November 18, 2010 beginning at 1:00 P.M. at the Commission’s office at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware. That the Commission will defer for the time being referring this matter to a Hearing Examiner under 26 Del.C. §502 and 29 Del.C. §10116. Depending on what, if any, comments are received to the proposed revisions to the Regulations, the Commission may determine at a later time that it is necessary to appoint a Hearing Examiner. That, pursuant to 26 Del.C. §§114 and 1012(c)(2), all electric suppliers and electric public utilities are hereby notified that they will be charged the costs incurred in connection with this proceeding under the provisions of 26 Del.C. §114(b)(1). The Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper.