Cumulative Tables........................................................................................................................................ 324 PROPOSED DELAWARE SOLID WASTE AUTHORITY 501 Regulations of the Delaware Solid Waste Authority.......................................................................... 326 502 Statewide Solid Waste Management Plan........................................................................................ 333 DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ............................................... 336 Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations, Section 11.0.................................................... 343 DEPARTMENT OF EDUCATION Office of the Secretary 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA................................................... 345 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States .................................................................................................................... 348 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces........................... 349 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs............................................................................................................ 351 852 Child Nutrition ............................................................................................................................ 353 Professional Standards Board 1507 Alternative Routes to Teacher Licensure and Certification Program........................................ 354 1512 Issuance and Renewal of Advanced License........................................................................... 359 1590 Delaware Administrator Standards........................................................................................... 362 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Diamond State Health Plan 1115 Demonstration Waiver ................................................................. 370 DSSM:17900 Medicaid for Workers with Disabilities ...................................................................... 371 17908 Unearned Income Exclusion...................................................................................... 371 17911 Financial Eligibility Determination.............................................................................. 371 17912 Retroactive Eligibility.................................................................................................. 371 Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement Methodology for Inpatient Hospital Services..................................................................................................... 373 Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement Methodology for Medicaid Services ................................................................................................................. 375 Division of Social Services DSSM:2001.1 Redetermination: Eligibility Review Periods............................................................. 378 4002.2 Available Resources................................................................................................. 378 4002.5 Excluded Resources................................................................................................. 378 4002.6 Disposal of Real Property......................................................................................... 378 DEPARTMENT OF JUSTICE Division of Securities Rules and Regulations Pursuant to the Delaware Securities Act...................................................... 381 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1142 Specific Emission Control Requirements.................................................................................. 382 Division of Fish and Wildlife 3512 Winter Flounder Size Limit; Possession Limit; Seasons.......................................................... 386 3711 Conch Minimum Size Limits (Formerly S-48)........................................................................... 387 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Division of State Police 2400 Board of Examiners of Constables........................................................................................... 388 DEPARTMENT OF STATE Division of Professional Regulation 3600 Board of Registration of Geologists.......................................................................................... 390 Public Service Commission PSC Regulation Docket No. 60: Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company........................................................................... 395 DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles 2287 Public Carrier Regulations........................................................................................................ 405 DEPARTMENT OF FINANCE Office of the State Lottery 460 Sports Lottery Rules and Regulations........................................................................................ 406 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services DSSM: 1006.6 Civil Rights Program and Public Relations .............................................................. 407 DEPARTMENT OF INSURANCE 1212 Valuation of Life Insurance Policies................................................................................................ 409 1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities..... 410 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1101 Definitions and Administrative Principles.................................................................................. 411 DEPARTMENT OF STATE Division of Professional Regulation 400 Delaware Gaming Control Board 401 Regulations Governing Bingo ............................................................................................. 412 404 Regulations Governing No Limit Texas Hold’em Poker....................................................... 412 3800 State Board of Dietetics/Nutrition ............................................................................................ 414 Public Service Commission PSC Regulation Docket No. 61: Adoption of Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program ................................................................................................................. 416 DEPARTMENT OF TRANSPORTATION Division of Transportation Solutions 2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9........................................ 418 Executive Orders: Executive Order 8, Our Continuing Commitment To Equal Opportunity Hiring Standards And Best Practices of Human Resources Management in The Executive Branch .......................................... 419 GENERAL NOTICE DEPARTMENT OF EDUCATION Professional Standards Board The Professional Standards Board’s Ethical Guideline for Delaware Educators 424 DEPARTMENT OF FINANCE Division of Revenue Technical Information Memorandum 2009- 01, Cigarette Tax Increase............................................ 426 CALENDAR OF EVENTS/HEARING NOTICES Delaware Solid Waste Authority, Notice of Public Hearing and Comment Period...................................... 428 Dept. of Agriculture, Harness Racing Commission and Thoroughbred Racing Commission, Notice of Public Hearings........................................................................................................................ 428 State Board of Education, Notice of Monthly Meeting................................................................................. 428 Dept. of Health and Social Services, Div. of Medicaid and Medical Assistance, Notices of Public Comment Periods....................................................................................................................... 429-430 Div. of Social Services, Notices of Public Comment Periods................................................................ 430 Dept. of Justice, Division of Securities, Notice of Public Comment Period............................................... 431 Dept. of Natural Resources and Environmental Control Div. of Air and Waste Management, Notice of Public Hearing........................................................... 431 Div. of Fish and Wildlife, Notices of Public Hearings............................................................... 431-432 Dept. of Safety and Homeland Security, Notice of Public Comment Period............................................... 432 Dept. of State, Div. of Professional Regulation Board of Registration of Geologists, Notice of Public Hearing................................................................. 433 Public Service Commission, Notice of Public Comment Period........................................................... 433 Dept. of Transportation, Div. of Motor Vehicles, Notice of Public Comment Period................................. 434 Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Revise the Human Health Water Quality Criteria for PCBs in the Delaware Estuary, etc.................................................................................... 13 DE Reg. 154(Prop.) Proposed Recommendations for 2009.......................................................................... 13 DE Reg. 7 (Prop.) 304 Exotic Animal Regulations ............................................................................... 13 DE Reg. 8 (Prop.) 501 Harness Racing, Rule 7.0 Rules of the Race................................................... 13 DE Reg. 17 (Prop.) Rule 14.20 Toe Grabs............................................................................................. 13 DE Reg. 6 (Emer) 13 DE Reg. 151 (Emer) 202 Freedom of Information Act (FOIA) Procedures............................................... 13 DE Reg. 252 (Final) 501 State Content Standards................................................................................... 13 DE Reg. 256 (Final) 502 Alignment of Local School District Curricula to the State Content Standards... 13 DE Reg. 257 (Final) 460 Sports Lottery Rules and Regulations.............................................................. 13 DE Reg. 24 (Prop.) 1915(c) Home and Community-Based Services Waiver for the Elderly and Disabled ........................................................................................................... 13 DE Reg. 93 (Final) Title XIX Reimbursement Methodology for Medicaid Services ............................... 13 DE Reg. 259 (Final) DSSM20800 Determining Eligibility for the Acute Care Program......................... 13 DE Reg. 263 (Final) DSSM1006.6 Civil Rights Program and Public Relations..................................... 13 DE Reg. 7 (Prop.) 13 DE Reg. 150 (Err.) 9032.3 Utility Expenses.............................................................................. 13 DE Reg. 267 (Final) 9032.8 (Reserved) ..................................................................................... 13 DE Reg. 267 (Final) 9032.9 Continuing Shelter Charges........................................................... 13 DE Reg. 267 (Final) 9032.11 (Reserved).................................................................................... 13 DE Reg. 267 (Final) 9038 Verification for Recertifications and Interim Changes........................ 13 DE Reg. 267 (Final) 11003.7.8 Special Needs Children............................................................. 13 DE Reg. 97 (Final) 11006.4.1 Absent Day Policy...................................................................... 13 DE Reg. 100 (Final) 305 Actuarial Opinion and Memorandum Regulation.................................................... 13 DE Reg. 102 (Final) 607 Defensive Driving Course Discount (Automobiles and Motorcycles) ..................... 13 DE Reg. 158 (Prop.) 1212 Valuation of Life Insurance Policies....................................................................... 13 DE Reg. 152(Emer) 1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities.................................................................................................... 13 DE Reg. 153(Emer) 1501 Medicare Supplement Insurance Minimum Standards.......................................... 13 DE Reg. 270(Final) Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers and Investment Adviser Representatives § 800. Senior Specific Designations....... 13 DE Reg. 48 (Prop.) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories, Section 10..................................................................................... ............ 13 DE Reg. 165(Prop.) 1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0............ 13 DE Reg. 185(Prop.) 7401 Surface Water Quality Standards ................................................................... 13 DE Reg. 217(Prop.) 1300 Board of Examiners of Private Investigators & Private Security Agencies .... 13 DE Reg. 229(Prop.) Uniform Controlled Substance Act Regulations................................................ 13 DE Reg. 281(Final) 1001 Assistance for the Development of the Arts Regulations................................ 13 DE Reg. 231(Prop.) 400 Gaming Control Board 401 Regulations Governing Bingo.................................................................... 13 DE Reg. 49 (Prop.) 402 Regulations Governing Raffles................................................................... 13 DE Reg. 107 (Final) 403 Regulations Governing Charitable Gambling Other Than Raffles ........ 13 DE Reg. 107 (Final) 404 Regulations Governing No Limit Texas Hold’em Poker ............................. 13 DE Reg. 49 (Prop.) 13 DE Reg. 107 (Final) 1700 Board of Medical Practice............................................................................... 13 DE Reg. 236(Prop.) 13 DE Reg. 284(Final) 1790 Acupuncture Advisory Council........................................................................ 13 DE Reg. 237(Prop.) 2500 Board of Pharmacy......................................................................................... 13 DE Reg. 57(Prop.) 2700 Board of Professional Land Surveyors, Sections 12.0 Minimum Technical Standards for Licences and 15.0 Reciprocity Eligibility .......... ................... 13 DE Reg. 244(Prop.) 2930 Council on Real Estate Appraisers................................................................. 13 DE Reg. 123 (Final) 3500 Board of Examiners of Psychologists............................................................. 13 DE Reg. 124 (Final) 3800 Committee on Dietetics/Nutrition ................................................................... 13 DE Reg. 79 (Prop.) 2001 Group Health Care Insurance Eligibility and Coverage Rules.............................. 13 DE Reg. 126 (Final) DELAWARE SOLID WASTE AUTHORITY 501 Regulations of the Delaware Solid Waste Authority 4.0Use of DSWA Facilities by Municipalities and Their Contractors 4.1Any solid waste, including but not limited to dry waste, that is generated in the State of Delaware, andcollected, or transported by any municipality, or by a person pursuant to an agreement with any municipality licensee or by a person on behalf of a licensee, shall be disposed of at a DSWA facility, unless it is a solid waste listed in Section 4.2 or Section 4.3. Any municipality licensee or other personthat enters into an agreement for the collection or transportation of such solid waste that is required to be delivered to a DSWA facility pursuant to this section shall include in such agreement a requirement that the such solid waste shall be disposed at a DSWA facility. Every person required by agreement to deliver solid waste generated in Delaware to a DSWA facility shall comply with such requirement. 4.2The following solid wastes shall not be delivered to a DSWA facility: 4.2.1Hazardous wastes 4.2.2Explosives 4.2.3Pathological and infectious wastes 4.2.4Radioactive wastes 4.2.5Solid wastes, as determined by the CEO or his designee, which will, because of their quantity, physical properties, or chemical composition, to have an unacceptable adverse effect impact on the a DSWA facility or facilities, or the operation of the DSWA facility, or if an effective means of risk and cost allocation cannot be achieved thereof, because of its quantity, physical properties, chemical composition, risk, cost, or other relevant factor. The CEO or his designee may determine that a particular solid waste, such as dry waste, shall not be delivered to a particular DSWA facility but may be delivered to another DSWA facility or facilities. 4.2.6Wastes which are prohibited by the DSWA facility(s) DNREC permit. 4.2.7Solid wastes, except recyclable materials, generated outside the State of Delaware. 4.3The following solid waste may but is not required to be delivered to a DSWA facility for disposal or recycling, upon payment of the appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by §4.2: 4.3.1Yard waste, unless the CEO or his designee determines such waste would have an adverse effect on the DSWA facility, in which case Yard Waste shall not be delivered to the DSWA facility. 4.3.2Dry waste that is generated in New Castle County. 4.3.23Non-hazardous waste resulting from emergency clean-up actions of DNREC. 4.3.34Any special solid waste allowed at a DSWA facility pursuant to Article VI of these regulations. 4.3.45Asbestos. 4.3.56Recyclable materials 5 DE Reg. 100 (7/1/01) 5.0Use of DSWA Facilities by Persons Other Than Municipalities and Their Contractors Reserved 5.1Except as provided in Section 5.2, any person, other than a municipality and any person under an agreement with a municipality with respect to solid waste that must be delivered to a DSWA facility pursuant to Section 4.1, may dispose of the following at a DSWA facility (unless the CEO or his designee determines such waste would have an adverse effect in the DSWA facility) or other facility authorized to receive such waste: solid waste, including, but not limited to yard waste, dry waste, and recyclable materials. 5.2Every person shall deliver solid waste to a DSWA facility to the extent so required by any agreement between such person, or its assignee, and DSWA. 5.3No person shall deliver to a DSWA facility any waste listed in Section 4.2 of these regulations. 6.0Special Solid Waste (Break in Continuity Within Section) 6.46Any person aggrieved by a determination of the CEO or his designee, under this Article or Sections 4.2 and 4.3, may seek review thereof by the Directors of DSWA in accordance with the Act, and these Regulations. 5 DE Reg. 100 (7/1/01) 12 DE Reg. 1192 (03/01/09) DELAWARE SOLID WASTE AUTHORITY 502 Statewide Solid Waste Management Plan DEPARTMENT OF AGRICULTURE HARNESS RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 10005 (3 Del.C. §10005) 501 Harness Racing Rules and Regulations 7.0Rules of the Race (Break in Continuity Within Section) 7.6Racing Rules 7.6.13Conduct of the Race 7.6.13.1A driver shall not commit any of the following acts which are considered violations of driving rules: 7.6.13.1.1Change course or position, or swerve in or out, or bear in or out during any part of the race in such a manner as to compel a horse to shorten its stride or cause another driver to change course, take his horse back, or pull his horse out of its stride. 7.6.13.1.2Impede the progress of another horse or cause it to break from its gait. 7.6.13.1.3Cross over too sharply in front of another horse or in front of the field. 7.6.13.1.4Crowd another horse by 'putting a wheel under it.' 7.6.13.1.5Allow another horse to pass needlessly on the inside, or commit any other act that helps another horse to improve its position. 7.6.13.1.6Carry another horse out. 7.6.13.1.7Take up or slow up in front of other horses so as to cause confusion or interference among the trailing horses. 7.6.13.1.8Maintain an outside position without making the necessary effort to improve his overall position. 7.6.13.1.9Strike or hook wheels with another sulky. 7.6.13.1.10Lay off a normal pace and leave a hole when it is well within the horse's capacity to keep the hole closed. 7.6.13.1.11Drive in a careless or reckless manner. 7.6.13.1.12Fail to set, maintain or properly contest a pace comparable to the class in which he is racing considering the horse's ability, track conditions, weather and circumstances confronted in the race. 7.6.13.1.13Riding 'half-in' or 'half-out'. 7.6.13.1.14Kicking a horse. 7.6.13.1.15Excessive and/or unnecessary conversation between and among drivers while on the racetrack during the time when colors are required is prohibited. Any violation of this rule may be punished by a fine, suspension or combination thereof. 7.6.13.2A complaint by a driver of any foul, violation of the rules or other misconduct during a race shall be made immediately after the race to which it relates, unless the driver is prevented from doing so by an accident or injury or other reasonable excuse. A driver desiring to enter a claim of foul, or other complaint of violation of the rules, shall make this known to the starter before dismounting and shall proceed immediately to the paddock telephone to communicate immediately with the judges. Any driver who is involved in an objection or inquiry shall proceed immediately to the paddock telephone to communicate with the judges. The judges shall not cause the official sign to be posted until the matter has been dealt with. 7.6.13.3If a violation is committed by a person driving a horse coupled as an entry the judges may set both horses back if, in their opinion, the violation may have affected the finish of the race, otherwise penalties may be applied individually. 7.6.13.4In the case of interference, collision, or violation of any rules, the offending horse may be placed back one or more positions in that heat or dash, and in the event of such collisions, interference or violation preventing any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be fined or suspended. If a horse is set back, it must be placed behind the horse with which it interfered. If an offending horse has interfered with a horse involved in a dead heat and the offending horse is set back, it must be placed behind the horses in the dead heat. 7.6.13.5If the judges believe that a horse is, or has been driven with design to prevent it winning a race or races, they shall consider it a violation by the driver. 7.6.13.6If the judges believe that a horse has been driven in an inconsistent manner, they shall consider it a violation. 7.6.13.7If the judges believe that a horse has been driven in an unsatisfactory manner due to lack of effort or a horse has been driven in an unsatisfactory manner for any reason, they shall consider it a violation punishable by a fine and/or suspension. 7.6.13.8If a horse is suspected to have choked or bled during a race, the driver and/or trainer of that horse is required to report this to the judges immediately after the race. 7.6.13.9If, in the opinion of the judges, a driver is for any reason unfit or incompetent to drive, or is reckless in his conduct and endangers the safety of horses or other drivers in a race, he shall be removed and another driver substituted at any time and the offending driver may be fined, suspended or expelled. 7.6.13.10If for any cause other than being interfered with, or broken equipment, a horse fails to finish after starting a race, that horse shall be ruled out of any subsequent heat of the same event. If it is alleged that a horse failed to finish a race because of broken equipment, this fact must be reported to the paddock judge who shall make an examination to verify the allegation and report the findings to the judges. 7.6.13.11A driver must be mounted in the sulky at all times during the race or the horse shall be placed as a non-finisher. 7.6.13.12Shouting or other improper conduct in a race is forbidden. 7.6.13.13Drivers shall keep both feet in the stirrups during the post parade and from the time the horses are brought to the starting gate until the race has been completed. Drivers shall be permitted to remove a foot from the stirrups during the course of the race solely for the purpose of pulling ear plugs and once same have been pulled the foot must be placed back into the stirrup. Drivers who violate this rule may be subject to a fine and/or suspension. 7.6.13.14Drivers will be allowed whips not to exceed 4 feet, plus a snapper not longer than 6 inches. Provided further that the following actions shall be considered as excessive or an indiscriminate use of the whip: a) Causing visible injury. b) Whipping a horse after a race. c) Whipping under the arch or shafts of the sulky. The use of the whip shall be confined to an area above and between the sulky shafts, to include the sulky shafts and the outside wheel discs. Drivers shall keep a line in each hand from the start of the race until the quarter pole. From the quarter pole to the 7/8th pole, a driver may only use the whip once for a maximum of three strokes. Once the lead horse is at the 7/8th pole, these restrictions do not apply. The Judges shall have the authority to order and/or conduct such visual inspections at their discretion. Impelling of a Horse 7.6.13.14.1Whips: Drivers will be allowed whips not to exceed 4 feet, plus a snapper not longer than 6 inches. Modification of a whip is prohibited. 7.6.13.14.1.1Use: The use of a whip shall be confined to the areas above and between the sulky shafts and the outside wheel disks. 7.6.13.14.1.2Drivers shall keep a line in each hand from the start of the race until the quarter pole. 7.6.13.14.1.3From the quarter pole to the 7/8th pole, a driver may only use the whip once for a maximum of three strokes. Once the lead horse is at the 7/8th pole, these restrictions do not apply. 7.6.13.14.2Violations: 7.6.13.14.2.1Whipping under the arch or shafts of the sulky 7.6.13.14.2.2Whipping a horse after the race 7.6.13.14.2.3Causing injury (visible or not) with a whip 7.6.13.14.2.4Striking or jabbing a horse with the butt end of a whip 7.6.13.14.2.5Whipping a horse that is out of contention 7.6.13.14.2.6Brutal, excessive, and or indiscriminate use of a whip. 7.6.13.14.2.6.1Inspections: At extended pari-mutuel meetings, under the supervision of the judges, there may be a mandatory inspection of each horse following each race for evidence of excessive or brutal use of the whip. At all other meetings, the judges shall have the authority to order and/or conduct such inspections at their discretion. 7.6.13.15The use of any goading device, or chain, or spur, or mechanical or electrical device other than a whip as allowed in the rules, upon any horse, shall constitute a violation. 7.6.13.16The possession of any mechanical or electrical goading device on the grounds of an Association shall constitute a violation. 7.6.13.17The judges shall have the authority to disallow the use of any equipment or harness that they feel is unsafe or not in the best interests of racing. 7.6.13.18Brutal or excessive or indiscriminate use of a whip, or striking a horse with the butt end of a whip, or striking a wheel disc of a sulky with a whip, shall be a violation. At extended pari-mutuel meetings, under the supervision of the judges, there may be a mandatory visual inspection of each horse following each race for evidence of excessive or brutal use of the whip. At all other meetings, the judges shall have the authority to order and/or conduct such visual inspections at their discretion. 7.6.13.19Whipping a horse by using the whip below the level of the shafts or the seat of the sulky or between the legs of the horse shall be a violation. 7.6.13.2018When a horse breaks from its gait, it shall be considered a violation on the part of the driver for: 7.6.13.2018.1Failure to take the horse to the outside of other horses where clearance exists. 7.6.13.2018.2Failure to properly attempt to pull the horse to its gait. 7.6.13.2018.3Failure to lose ground while on a break. 7.6.13.2018.4If no violation has been committed, the horse shall not be set back unless a contending horse on his gait is lapped on the hind quarter of the breaking horse at the finish. The judges may set any horse back one or more places if in their judgment, any of the above violations have been committed, and the driver may be penalized. 7.6.13.2018.5Any horse making a break which causes interference to other horses may be placed behind all offended horses. If there has been no failure on the part of the driver of the breaking horse in complying with Rule 7.6.13.20, no fine or suspension shall be imposed on the driver as a consequence. 7.6.13.2119If, in the opinion of the judges, a driver allows a horse to break for the purpose of losing a race, he or she shall be in violation of the rules. 7.6.13.2220It shall be the duty of one of the judges to call out every break made and have them duly recorded in judges official race reports. 7.6.13.2321The horse whose nose reaches the wire first is the winner. If there is a dead heat for first, both horses shall be considered winners. In races having more than one heat or dash, where two horses are tied in the summary, the winner of the longer dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same distance and the horses are tied in the summary, the winner of the faster dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same time, both horses shall be considered winners and the entitlement of the trophy will be decided by lot. 7.6.13.2422The wire or finish line is a real line established with the aid of a surveyor's transit, or an imaginary line running from the center of the judges' stand to a point immediately across and at right angles to the track. 7.6.13.2523If, during the preliminary scores or during a race a driver is unseated in such a manner that he or she falls to the ground, the Presiding Judge or judges may direct the driver to report to the infirmary or to the emergency department of the nearest hospital for examination and receive clearance to continue with driving assignments on that day of racing. 7.6.13.2624If a horse is to warm up it must go its last warm-up on the same racing strip as it will compete on unless excused by the judges. 7.6.14Harness Race Track Without a Hubrail 7.6.14.1If at a racetrack which does not have a continuous solid inside hub rail, a horse or part of the horse's sulky leaves the course by running over or going inside the pylons or other demarcation which constitutes the inside limits of the course, the offending horse may be placed one or more positions where, in the opinion of the judges, the action gave the horse an unfair advantage over other horses in the race, or the action helped the horse improve its position in the race. Drivers may be fined or suspended for permitting a horse’s sulky to run over or go inside the pylons or other demarcation which constitutes the inside limits of the course. In addition, when an act of interference causes a horse or part of the horse's sulky to cross the inside limits of the course, and the horse is placed by the judges, the offending horse shall be placed behind the horse with which it interfered. 7.6.14.2In the event a horse or part of a horse’s sulky leaves the course for any reason, it shall be the driver’s responsibility to take all reasonable steps to safely reenter the race course as soon as possible. 7.6.15Extended Homestretch 7.6.15.1With approval of the Commission, a track may extend the width of its homestretch up to 10 feet inward in relation to the width of the rest of the racetrack. 7.6.15.2In the event the home stretch is expanded pursuant to 7.6.15.1 above, the following shall apply: 7.6.15.2.1When entering or while going through the homestretch for the first time in a race, no horse shall use the expanded inside lane in an attempt to pass other horses or improve its position. Any horse, which does so shall be disqualified and placed last in the order of finish. 7.6.15.2.2the lead horse in the homestretch shall maintain as straight a course as possible while allowing trailing horses full access to the extended inside lane. If, in the opinion of the judges, the lead horse changes course in the homestretch in an attempt to prevent a trailing horse from passing, said horse shall be placed accordingly. 7.6.15.2.3Horses using the expanded inside lane during the homestretch drive for the finish of the race, must first have complete clearance of the pylons marking the inside boundary of the racecourse. Any horse or sulky running over one or more of the pylons or going inside the pylons while attempting to use the expanded inside lane, may be disqualified or placed back one or more positions. 7.6.15.2.4A horse may only be driven into the expanded homestretch lane for the purpose of passing another horse and may not be driven into the expanded homestretch lane for the purpose of blocking a trailing horse. If, in the opinion of the judges, a horse is driven into the expanded homestretch lane for the purpose of blocking a trailing horse, the driver of the blocking horse may be fined and/or suspended and the horse may be placed accordingly. 1 DE Reg. 923 (1/1/98) 2 DE Reg. 684 (10/01/98) 2 DE Reg. 1764 (4/1/99) 3 DE Reg. 432 (9/1/99) 3 DE Reg 1520 (5/1/00) 4 DE Reg 336 (8/1/00) 5 DE Reg. 832 (10/1/01) 7 DE Reg. 42 (7/1/03) 11 DE Reg. 1050 (02/01/08) 12 DE Reg. 1074 (02/01/09) 10.0Due Process and Disciplinary Action 10.1General Provisions This chapter contains the rules of procedure for judges' hearings, and for Commission proceedings. 10.2Proceedings by Presiding Judge or Judges 10.2.1Rights of the Licensee A person who is the subject of the disciplinary hearing conducted by the judges is entitled to: 10.2.1.1Proper notice of all charges; 10.2.1.2Confront the evidence presented, including: 10.2.1.2.1the right to counsel at the person's expense; 10.2.1.2.2the right to examine all evidence to be presented against him; 10.2.1.2.3the right to present a defense; 10.2.1.2.4the right to call witnesses; and 10.2.1.2.5the right to cross examine witnesses. 10.2.1.3Waive any of the above rights. 10.2.2Complaints 10.2.2.1A complaint must be in writing and filed with the Presiding Judge or judges within 30 days after the action that is the subject of the complaint. 10.2.2.2On their own motion or on receipt of a complaint from an official or other person regarding the actions of a licensee, the Presiding Judge or judges may conduct an inquiry and disciplinary hearing regarding a licensee's actions. 10.2.3Summary Suspension 10.2.3.1If the Board of Judges determine that a licensee's actions, other than those of a licensed association, constitute an immediate danger to the public health, safety or welfare, the Board of Judges the Commission Investigator, may summarily suspend the license pending a hearing. 10.2.3.2A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the third racing day after the license was summarily suspended. The licensee may waive his right to a hearing on the summary suspension within the three-day limit. 10.2.3.3The Board of Judges shall conduct a hearing on a summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee's license should remain suspended pending a final disciplinary hearing and ruling. 10.2.4Notice 10.2.4.1Except as provided by these rules regarding summary suspensions, the Board of Judges shall provide written notice at least 24 hours before the hearing to a person who is the subject of a disciplinary hearing. The person may waive his right to 24-hour notice by executing a written waiver. 10.2.4.2Notice given under this section must include: 10.2.4.2.1a statement of the time, place and nature of the hearing; 10.2.4.2.2a reference to the particular sections of the statutes or rules involved; and 10.2.4.2.3a short, plain description of the alleged conduct that has given rise to the disciplinary hearing. 10.2.4.3If possible, the Board of Judges or their designee, shall hand deliver the written notice of the disciplinary hearing to the person who is the subject of the hearing. If hand delivery is not possible, the Board of Judges shall mail the notice to the person's last known address, as found in the Commission's licensing files, by regular mail and by certified mail, return receipt requested. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a horse, the Board of Judges shall provide written or oral notice of the hearing to the owner, managing owner or lessee of the horse. Oral notice of any hearing shall suffice upon attestation by the Board of Judges that such notice was given the person who is the subject of the hearing. 10.2.4.4Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the Board of Judges. The Board of Judges or judges may suspend the license of a person who fails to appear at a disciplinary hearing after written or oral notice of the hearing has been sent or delivered in compliance with this subsection. 10.2.5Continuances 10.2.5.1Upon receipt of a notice, a person may request a continuance of the hearing. 10.2.5.2The Board of Judges may grant a continuance of any hearing for good cause shown. 10.2.5.3The Board of Judges may at any time order a continuance on their own motion. 10.2.6Evidence 10.2.6.1Each witness at a disciplinary hearing conducted by the Board of Judges must be sworn by the presiding judge. 10.2.6.2The Board of Judges shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the Board of Judges may disallow evidence that is irrelevant or unduly repetitive of other evidence. The Board of Judges shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The Board of Judges may admit hearsay evidence if it determines the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by Delaware law apply in hearings before the Board of Judges. 10.2.6.3The burden of proof is on the person bringing the complaint to show, by a preponderance of the evidence, that the licensee has violated or is responsible for a violation of the Act or a Commission rule. 10.2.6.4The Board of Judges shall may make a tape recording of a disciplinary hearing. A copy or a transcript of the recording may be made available at the expense of the requesting person. 10.3.6Nature of Hearings 10.3.6.1An appeal from a decision of the Board of Judges shall be “de novo” (a new hearing shall be held with all evidence, testimony and argument to be presented at the new hearing.). 1 DE Reg. 507 (11/01/97) 2 DE Reg. 1243 (01/01/99) 5 DE Reg. 1903 (4/1/02) 12 DE Reg. 1074 (02/01/09) 12 DE Reg. 1513 (06/01/09) THOROUGHBRED RACING COMMISSION Section 4815(b)(3)(c)(3) (3 Del.C. §10005; 29 Del.C. §4815(b)(3)(c)(3)) 3 DE Admin. Code 1001 1001 Thoroughbred Racing Rules and Regulations 11.0 Entries, Subscriptions, Delegations 11.1Entering and Eligibility Required: 11.1.1No horse shall be qualified to start in any race unless such horse has been and continues to be duly entered therein. Entries or subscriptions for any horse, or the transfer of same, may be refused or cancelled by the Licensee without notice or reason given therefore. 11.1.2A horse must be eligible at the time of entry. 11.1.3A horse must be eligible at the time of starting. 11.2Procedure for Making Entries: 11.2.1It shall be the absolute responsibility of the Trainer to report bleeders from other jurisdictions to the Commission's Veterinarian or Stewards on official forms from that State prior to entry. 11.2.2All entries, subscriptions, declarations and scratches shall be lodged with the Racing Secretary and shall not be considered as having been made until received by the Racing Secretary who shall maintain a record of time of receipt of same. 11.2.3Every entry must be in the name of such horse's registered Owner, as completely disclosed and registered with the Racing Secretary under these Rules and made by the Owner, Trainer or a person deputized by such Owner or Trainer. 11.2.4Every entry must be in writing, or by telegraph promptly confirmed in writing, except that an entry may be made by telephone to the Racing Secretary but must be confirmed in writing should the Stewards, the Racing Secretary or an assistant to the Racing Secretary so request. 11.2.5Every entry shall clearly designate the horse so entered. When entered for the first time during a meeting, every horse shall be designated by name, age color, sex, sire, dam and broodmare sire, as reflected by such horse's registration certificate. 11.2.6No horse may race unless correctly identified to the satisfaction of the Stewards as being the horse duly entered; 11.2.7In establishing the identity of a horse, responsibility shall be borne by any person attempting to identify such horse as well as the Owner of such horse, all such persons being subject to appropriate disciplinary action for incorrect identification. 11.2.8At the time of entering a horse, the Trainer of such horse or his representative, must declare to the Racing Secretary or his representative, whether the horse will race on any medication permitted by these Rules and shall not deviate from such declaration. 11.2.9Within the discretion of the Stewards, a list of horses so declared to race on medication may, in whole or in part, be announced, released for publication or otherwise made public without liability for the accuracy thereof. 11.2.10 In order to claim an apprentice allowance at the time of entry, an Apprentice Jockey must be designated by name. 11.2.11 No alteration may be made in any entry after the closing of entries, except that an error may be corrected. 11.2.12 No horse may be entered in two races to be run on the same day. 11.3Limitation as to Spouses: Repealed 1/6/92. 11.4Mutuel Entries: 11.4.1All horses entered in the same race and owned wholly or in part by the same owner or spouse thereof shall be joined as a mutuel entry and a single betting interest. Horses shall be regarded as having a common owner when an owner of one horse, either as an individual or as a licensed member of a partnership or as a licensed shareholder of a corporation, has an ownership interest in another horse, either as an individual or as a licensed shareholder of a partnership or as a licensed shareholder of a corporation. No trainer of any horse shall have any ownership interest in any other horse in the same race unless such horses are coupled as a single wagering interest. 4 DE Reg. 179 (07/01/00) 8 DE Reg. 1289 (03/01/05) 10 DE Reg. 1581 (04/01/07) 12 DE Reg. 667 (11/01/08) DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 260 260 General Administrative Review Procedures for the Child and Adult Care Food Programs of the United States Department of Agriculture CACFP/USDA 1.0Institutions Participating in the Delaware CACFP May Request an Administrative Review of the Following Actions 1.1Denial of a new or renewing institution's application for participation; 1.2Denial of an application submitted by a sponsoring organization on behalf of a facility; 1.3Proposed termination of an institution’s agreement; 1.4Proposed disqualification of a responsible principal or responsible individual; 1.5Suspension of an institution’s participation; 1.6Denial of an institution's application for start up or expansion payments; 1.7Denial of all or a part of an institution’s claim for reimbursement except for a denial based on a late submission under 7 CFR §226.10(e); 1.8Demand for the remittance of an overpayment; and 1.9Any other action of the State agency affecting an institution’s participation or its claim for reimbursement. 2.0Notwithstanding the Provisions of Section 1.0 Above, Institutions Participating in the Delaware CACFP May Not Request an Administrative Review of the Following Actions 2.1A determination that an institution is seriously deficient; 2.2Disqualification of an institution or a responsible principal or responsible individual, and the subsequent placement on the State agency list and the National disqualified list; or 2.3Termination of a participating institution’s agreement, including termination of a participating institution’s agreement based on the disqualification of the institution by any publicly funded program. 3.0Except Where the Abbreviated Administrative Review Procedures Apply as Set Forth Below, Administrative Reviews will be Conducted as Follows 3.1The Department of Education (“Department”) must give notice of the action being taken or proposed, the basis for the action, and the procedures under which the institution and the responsible principals or responsible individuals may request an administrative review of the action. Notice shall be given to the institution’s executive director and chairman of the board of directors, and the responsible principals and responsible individuals by U. S. Mail postage prepaid. As used herein, “Petitioner” means a participating institution or agency, or its responsible principals or responsible individuals, as appropriate under the circumstances. 3.2A request for administrative review must be submitted to the Department in writing not later than 15 days after the date the notice of action is received. 3.3The petitioner may retain legal counsel or may be represented by another person if permitted by law. 3.4Any information on which the Department’s action was based will be available to the petitioner for inspection from the date of receipt by the Department of the request for an administrative review. 3.5The petitioner may refute the findings contained in the notice of action in person or by submitting written documentation to the Department’s review official. In order to be considered, written documentation must be submitted to and received by the review official not later than 30 days after the petitioner received the notice of action. 3.6A hearing must be held by the administrative review official in addition to, or in lieu of, a review of written information only if the petitioner requests a hearing in the written request for an administrative review. If the petitioner fails to appear at a scheduled hearing, the petitioner waives the right to a personal appearance before the administrative review official, unless the administrative review official agrees to reschedule the hearing. A representative of the Department may, but is not required, to attend the hearing to respond to the petitioner’s testimony and to answer questions posed by the administrative review official. If a hearing is requested, the petitioner and the Department must be provided with at least 10 days notice of the time and place of the hearing. 3.7The administrative review official shall be independent and impartial. The administrative review official may be an employee of the Department, but must not have been involved in the action that is the subject of the administrative review, or have a direct personal or financial interest in the outcome of the administrative review. The petitioner may contact the administrative review official directly, but all such contacts must include the participation of a representative of the Department if the Department chooses to participate. 3.8The administrative review official shall make a determination based solely on the information provided by the Department, the petitioner, and based upon federal and Delaware laws, regulations, policies and procedures governing the CACFP/USDA. 3.9The decision of the administrative review official shall be issued to the Department and petitioner within 60 days of the Department’s receipt of the written request for an administrative review. If the last day on which the decision is to be issued shall fall on a Saturday, Sunday, legal state holiday, or day when the Department is closed due to adverse weather conditions, the decision shall be issued on the next regular work day of the Department. The failure to issue a timely decision shall not, solely in itself, constitute grounds for reversing the Department’s action. The decision of the administrative review official is the final administrative determination to be afforded to the petitioner. 3.10The Department shall maintain a searchable record of all administrative reviews and the dispositions of the same. 3.11The Department shall conduct the administrative review of the proposed disqualification of the responsible principals and responsible individuals as part of the administrative review of the application denial, proposed termination or proposed disqualification of the institution with which the responsible principals or responsible individuals are associated. However, at the discretion of the administrative review official, separate administrative reviews may be held if the institution does not request an administrative review or if either the institution or the responsible principal or responsible individual demonstrates that their interests conflict. 4.0Administrative Review Notwithstanding any of the foregoing to the contrary, administrative review will be limited to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because: 4.1The information submitted on the application was false; or 4.2The institution, one of its sponsored facilities, or one of the principals of the institution or its facilities is 4.2.1On the National Disqualified List; or 4.2.2Ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or 4.2.3Has been convicted for any activity that indicates a lack of business integrity. 5.0The Department’s Administrative Responsibilities to a Participating Institution Shall Remain in Effect During the Administrative Review 5.1Overpayment demand. During the period of the administrative review, the Department is prohibited from taking action to collect or offset the overpayment. However, the Department must assess interest beginning with the initial demand for remittance of the overpayment and continuing through the period of administrative review unless the administrative review official overturns the Department’s action. 5.2Program payments. The availability of Program payments during an administrative review of the denial of a new institution’s application, denial of a renewing institution’s application, proposed termination of a participating institution’s agreement, and suspension of an institution shall be treated in accordance with the provisions of 7 CFR §226.6 (c)(1)(iii)(D), (c)(2)(iii)(D), (c)(3)(iii)(D), (c)(5)(i)(D), and (c)(5)(ii)(E), respectively. 5 DE Reg. 461 (8/1/01) 8 DE Reg. 537 (10/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 705 705 Leave for Training Camp or Special Duty in the National Guard or the Military Reserves of the United States 1.0Leave for Training or Special Duty 1.1Any permanent and full time employee shall be excused from work with pay to attend training camp or special duty on orders as a member of the military reserves of the United States or the National Guard, not to exceed fifteen (15) days or the equivalent hours as required by the Delaware Code, on a prorated basis in any calendar year. 1.1.1Such training or special duty leave shall not be deducted from their annual leave or in any other way result in loss of privileges or compensation to said employee. 1.1.2Any permanent or full time employee shall file a request for military leave with their employer at least two weeks prior to their leave, along with a copy of their official orders. (Non regulatory Note: See 29 Del.C. §5105 Leave of Absence for Military Service, Pension Right; Terms of Successor Appointees and 14 Del.C. §1327 Leave of Absence for Person in Military Service) 3 DE Reg. 631 (11/1/99) 8 DE Reg. 700 (11/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 706 706 Credit for Experience for Full Time Active Duty Service in the Armed Forces of the United States 1.0Credit for Experience 1.1Credit for Experience for full time active duty service, not in excess of six (6) years in the armed services of the United States, shall be granted provided the individual became a teacher, principal, superintendent, or other employee in a Delaware public school: 1.1.1Within five (5) years after completion of a tour of duty; or 1.1.2Within five (5) years after completion of a course of professional or vocational training, if such course was begun within five (5) years after completion of the individual’s tour of duty. 2.0Instruction Any instruction in Military Science given during years of enlistment shall be included in the six (6) years in the armed services of the United States. 3.0Calculation of Service Time 3.1Credit for service in the armed forces of the United States shall be calculated as follows: 3.1.1One year of experience shall be allowed for each creditable year of full time active duty service. 3.1.2In the case of a teacher, principal, superintendent or other administrative employee a combined total of ninety one (91) days of service and employment in any of these positions during any one school year will count as a year of experience. 3.1.3No more than one (1) year of experience may be credited for any one (1) calendar year. (Non regulatory Note: See 14 Del.C. §1312(a) and §1327 Leave of Absence for Persons in Military Service). 3 DE Reg. 631 (11/1/99) 8 DE Reg. 701 (11/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 718 718 Health Examinations for Employees of School Districts, Charter Schools, and Alternative Programs 1.0Required Physician’s Certification At initial employment, all employees of school districts, charter schools and alternative programs shall provide a physician's certification that he or she is free (a) from any medical condition which would prevent the applicant from performing the essential functions of the applicant’s job and (b) free from any medical condition which cannot be remedied through reasonable accommodations. The physician’s certification, along with any other medical information, shall be retained in an individual's file kept in accordance with any Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirement and separate from the individual’s personnel file. Non regulatory note: See 14 Admin. Code 805 The School Health Tuberculosis Control Program for TB screening and testing. Also, see 21 Del.C. §2708 and 14 DE Admin. Code 1105 for requirements for school bus drivers. 3 DE Reg. 526 (10/1/99) 8 DE Reg. 702 (11/1/04) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 852 852 Child Nutrition 1.0Required Policy 1.1Each school district shall have a Child Nutrition Policy which at a minimum shall provide that: 1.1.1Meals served to children are nutritious and well balanced as defined by USDA 7CFR Part 210.10 Nutrition Standards for Lunches and Menu Planning Methods and USDA 7CFR Part 220.8 Nutrition Standards for Breakfast and Menu Planning Alternatives. 1.1.2The foods sold in addition to meals be selected to promote healthful eating habits and exclude those foods of minimal nutritional value as defined by the Food and Nutrition Service, USDA 7 CFR Part 210, Appendix B. 1.1.3Purchasing practices ensure the use of quality products. 1.1.4Students have adequate time to eat breakfast and lunch. 1.1.5Nutrition education be an integral part of the curriculum from preschool to twelfth grade. 1.1.6Food service personnel use training and resource materials developed by the Department of Education and the United States Department of Agriculture to motivate children in selecting healthy diets. 2.0Reporting Requirements and Timelines 2.1Each local school district and charter school shall have an electronic copy of its current Child Nutrition Policy on file with the Department of Education. 2.2When a local school district or charter school revises its Child Nutrition Policy, it shall provide an electronic copy of the revised policy to the Department within thirty (30) days of the revision, even if the revision was made because of changes in Federal, state or local law, regulations, guidance or policies. 3 DE Reg. 524 (10/1/99) 8 DE Reg. 540 (10/1/04) PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1507 Alternative Routes to Teacher Licensure and Certification Program 1.0Content This regulation shall apply to the Alternative Routes for Teacher Licensure and Certification Program, pursuant to 14 Del.C. §§1260 through 1264. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Coherent Major” means a major in an area appropriate to the instructional field. “Department” means the Delaware Department of Education. "Educator" means a person licensed and certified by the State under Chapter 12 of 14 Del.C. 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., but For purposes of 14 Del.C. Chapter 12, the, term 'educator' does not include substitute teachers. "Emergency Certificate" means a certificate issued to an educator who holds a valid Delaware Initial, Continuing, or Advanced License, but lacks necessary skills and knowledge to meet certification requirements in a specific content area a temporary credential issued pursuant to 14 DE Admin. Code 1506 Emergency Certificate. “Examination of Content Knowledge” means a standardized State test of subject matter knowledge which measures knowledge in a specific content area, such as PRAXIS™ II. “Examination of General Knowledge” means a standardized test which measures general knowledge and essential skills in mathematics or quantitative and verbal skills, including reading and writing, such as PRAXIS™ I, which for the purposes of this regulation, means the State Basic Skills Test. “Initial License” means the first license issued to an educator that allows an educator to work in a position requiring a license in a Delaware public school. “Major or Its Equivalent” means no fewer than thirty (30) credit hours in a content area. “Secretary” means the Secretary of the Delaware Department of Education. “Standard Certificate” means a credential issued to verify 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. "Teach For America" means the nationally established program consisting of recent college graduates and professionals of all academic majors and career interests who commit to a minimum of two (2) consecutive years of classroom teaching in either a low-income urban or rural public school. "Teacher Residency Program" means a teacher preparation program meeting the minimum criteria of this regulation and approved pursuant to this regulation and any Department regulation. Such a program is typically sponsored by a regionally accredited college or university in partnership with one or more State Education Agencies and/or an established Organization/Foundation, where the participant is paired with a mentor and veteran teacher in a classroom for their initial school year experience. 3.0Alternative Routes to Teacher Licensure and Certification Qualified Candidates meeting all conditions and seeking participation in the an Alternative Routes to Teacher Licensure and Certification program shall be issued an Initial License of no more than three (3) years duration conditioned on continued enrollment in the an Alternative Routes for Teacher Licensure and Certification Program and an Emergency Certificate or certificates of no more than three years duration. Candidates must shall meet the following minimum qualifications: 3.1Successfully completed one of the following education requirements: 3.1.1Hold a bachelor's degree from a regionally accredited college or university in a coherent major, or its equivalent, in appropriate to the instructional field they desire to will teach; or 3.1.2Hold a Bachelor's Degree from a regionally accredited college or university in any content area and are enrolled in the Teach For America program and have completed all pre-service requirements for such program; or 3.1.3Hold a Bachelor's Degree from a regionally accredited college or university in any content area and are enrolled in an approved teacher residency program and have completed all pre-service requirements for such program; and 3.2Pass an examination of general knowledge, such as PRAXIS™ I, or provide an acceptable alternative to the PRAXIS™ I test scores, as set forth in 14 DE Admin. §1510, within the period of time from the date of hire to the end of the next consecutive fiscal year; and 3.3Obtain acceptance into an approved alternative routes to licensure and certification program. 3.3.1Notwithstanding any other provisions to the contrary, candidates enrolled in the Teach For America program shall not be limited to teaching in areas identified as critical curricular areas. 3.3.2Notwithstanding any other provisions to the contrary, candidates enrolled in an approved teacher residency program shall not be limited to teaching in areas identified as critical curricular areas; and 3.34Demonstrate the prescribed knowledge and skills for a particular content area by completing the following: 3.4.1Pass an examination of content knowledge, such as PRAXIS™ II, in the instructional field they desire to teach, if applicable and available, within the period of time from the date of hire to the end of the next fiscal year. 3.4.2Notwithstanding any other provisions to the contrary, candidates enrolled in the Teach For America program shall, where applicable and available, have achieved a passing score on an examination of content knowledge, such as Praxis II, for the area in which such candidate will be teaching, prior to taking full responsibility for teaching a classroom; or 3.4.3Notwithstanding any other provisions to the contrary, candidates enrolled in a teacher residency program shall, where applicable and available, have achieved a passing score on an examination of content knowledge, such as Praxis II, for the area in which such candidate will be teaching, prior to taking full responsibility for teaching a classroom; and 3.45Obtain an acceptable health clearance and an acceptable criminal background check clearance; and 3.56Obtain a teaching position by one of the following: 3.6.1Obtain and accept an offer of employment in a position that requires licensure and certification.; or 3.6.2In the case of a teacher residency program, obtain and accept an offer for a position that if paid would require licensure and certification. 4.0Components of the Program The An Alternative Routes for Teacher Licensure and Certification Program shall consist of be approved by the Secretary of Education and meet the following minimum criteria: 4.1Incorporate one of the following prerequisite options: 4.1.1A summer institute of approximately 120 instructional (clock) hours completed by the candidate prior to the beginning of his/her teaching assignment. This includes an orientation to the policies, organization and curriculum of the employing school district or charter school, instructional strategies and classroom management and child or adolescent development. 4.1.1.1Candidates employed too late to participate in the summer institute will complete the practicum experience and seminars on teaching during the first school year and will participate in the summer institute following their first year of teaching.; or 4.1.2A teacher entering a Delaware public school through the Teach For America program shall complete the two hundred (200) hours of pre-service training provided by Teach for America; or 4.1.3A teacher entering a Delaware public school through a teacher residency program shall complete a minimum of one hundred and twenty (120) hours of pre-service training provided by the approved teacher residency program; and 4.2A Require a one year, full time practicum experience which includes a period of intensive on-the-job mentoring and supervision beginning the first day in which the candidate assumes full responsibility for a classroom and continuing for a period of thirty (30) weeks. 4.3Require Sseminars on teaching that provide Alternative Routes to Licensure and Certification teachers with approximately 200 instructional (clock) hours or equivalent professional development during the first year of their teaching assignment and during an intensive seminar the following summer. Content shall include curriculum, student development and learning, and the classroom and the school, as required in 14 Del.C. §1261. 4.4Receive any required approvals under the Department's regulation 14 DE Admin. Code 290 Approval of Educator Preparation Programs. 5.0Mentoring Support Mentoring support shall be carried out in accordance with 14 DE Admin. Code 1503. No mentor shall participate in any way in decisions which might have a bearing on the licensure, certification or employment of teachers participating in the an Alternative Routes for Teacher Licensure and Certification Program. 6.0Supervision and Evaluation Teachers enrolled in the an Alternative Routes for Teacher Licensure and Certification Program shall be observed and formally evaluated by a certified evaluator using the state approved evaluation system at least once during the first ten (10) weeks in the classroom, and a minimum of two (2) additional times within the next twenty (20) weeks. Evaluations shall be no more than two (2) months apart. 7.0Recommendation for Licensure and Certification Upon completion of the an Alternative Routes for Teacher Licensure and Certification Program, the certified evaluator shall prepare a summative evaluation report for the teacher participating in the Program. The evaluation report shall include a recommendation as to whether or not a license shall be issued. The evaluation report and license recommendation shall be submitted to the Department. A copy of the evaluation report and license recommendation should be issued to the candidate twenty (20) days before submission to the Department. 8.0Issuance of License If the evaluation report recommends approval of the candidate for licensure, provided the candidate is otherwise qualified, the Department shall issue an Initial License valid for the balance of the three (3) year term, if the participant has completed the Program in less than three (3) years, or a Continuing License, if the three (3) year term of the Initial License has expired, and shall issue the appropriate Standard Certificate or Certificates. Candidates who receive a recommendation of ‘disapproved’ shall not be issued an Initial License and Standard Certificate by the Department, and may not continue in the an Alternative Routes for Licensure and Certification Program. 9.0Recommendation of “Disapproved” Candidates who receive a recommendation of “disapproved” may petition the Department for approval of additional opportunities to participate in the an Alternative Routes for Teacher Licensure and Certification Program. Within fifteen (15) days of receipt of the evaluation report and the certification recommendation, a candidate disagreeing with the recommendation may submit to the evaluator written materials documenting the reasons that the candidate believes a license should be awarded. The evaluator shall forward all documentation submitted by the candidate, along with the evaluation report and recommendation concerning licensure and certification to the Secretary of Education. The Secretary or his or her designee shall review the evaluation report, the licensure and certification recommendation, and any documentation supplied by the candidate and make a determination with respect to licensure and certification. 10.0Right to a Hearing A teacher participating in the an Alternative Routes for Teacher Licensure and Certification Program who is denied a license and certificate may appeal the decision, and is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules. 11.0Program Evaluation Those responsible for Alternative Routes to Certification Programs approved by the Standards Board and the State Board shall develop a program evaluation process. The focus of the program evaluation must shall be to demonstrate the degree to which teachers who complete the program are effective in the classroom. 7 DE Reg. 161 (8/1/03) 12.0Other Approval of Alternative Routes Programs The Secretary may approve for implementation other Alternative Routes to Teacher Licensure and Certification Programs, provided the programs meet the minimum criteria set forth in this regulation and in any applicable laws. 7 DE Reg. 161 (8/01/03) 9 DE Reg. 971 (12/01/05) Renumbered effective 6/1/07 - see Conversion Table PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1512 Issuance and Renewal of Advanced License 1.0Content This regulation shall apply to the issuance and renewal of an Advanced License for educators, pursuant to 14 Del.C. §1213 and §1214. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Department" means the Delaware Department of Education. "Educator" means an employee paid under 14 Del.C. §1305 a person licensed and certified by the State under 14 Del.C., Chapter 12, 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. For purposes of 14 Del.C. Chapter 12, the term 'educator' does not include substitute teachers. "Exigent Circumstances" means unanticipated circumstance or circumstances beyond the educator's control, including, but not limited to serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service. The expiration of an educator's license before the end of the school year shall be considered an exigent circumstance, however the educator's license may only be extended to the end of that current school year. "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 or otherwise. "Maintenance of Proficiency" means evidence of valid renewal of National Board for Professional Teaching Standards certification. "National Board Certified Teacher" means an educator who holds National Board for Professional Teaching Standards certification. "National Board Certification" means certification of an educator by the National Board for Professional Teaching Standards. "Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §104Chapter 12. "State" means State of Delaware. 3.0Advanced License In accordance with 14 Del.C. §1213, the Department, upon receipt of the list of successful candidates provided annually by the National Board for Professional Teaching Standards, shall issue an Advanced License to any educator who receives National Board for Professional Teaching Standards certification. An Advanced License is valid for up to 10 years unless extended pursuant to 14 Del.C. §1216 or revoked for cause, as defined in 14 Del.C. §1218. 3.1The Department shall issue, upon application, an Advanced License to an educator licensed in another jurisdiction who provides verification of receipt of National Board certification. 3.2The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution. 3.2.1"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of his or her unfitness. 4.0RESERVED (For Equivalent Program) 5.0Renewal of Advanced License In accordance with 14 Del.C. §1214, the Department shall renew an Advanced License, valid for an additional 10 years, to an educator who has maintained proficiency through the National Board for Professional Teaching Standards. Proficiency for National Board certification shall be deemed to have been maintained if the educator provides evidence of valid renewal of National Board for Professional Teaching Standards certification. 5.1The Department shall renew an Advanced License upon receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards. 5.2An applicant who elects not to renew with the National Board for Professional Teaching standards or who fails to meet the recertification requirements set forth by the National Board will shall be issued a Continuing License. 6.0Extension for Exigent Circumstances The Department may extend an Advanced License for a period not to exceed one year, exigent circumstances warranting the necessity of such extension. 7.0Leave of Absence An educator may take a leave of absence of up to three years with no effect upon the validity or expiration of the Advanced License. 8.0Criminal Conviction History An applicant shall disclose his or her criminal conviction history upon application for an Advanced License, the renewal of an Advanced License, or upon the issuance of a Continuing License pursuant to section 5.2. Failure to disclose a criminal conviction history is grounds for denial or revocation of an advanced license or a Continuing License and criminal prosecution as specified in 14 Del.C. §1219. 6 DE Reg. 77 (7/1/02) 7 DE Reg. 956 (1/1/04) PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) 1590 Delaware Administrator Standards 1.0Interstate School Leaders Licensure Consortium The Interstate School Leaders Licensure Consortium (ISLLC) standards1 for school leaders establish a common set of knowledge, skills and attributes expected of school leaders. These nationally recognized standards describe standards leadership behaviors and skills established for Delaware School Leaders, and serve as the foundation for preparation and appraisal of school leaders.In accordance with 14 Del.C. §1205, this regulation shall be applied to all school administrators employed within the public schools and charter schools of the State of Delaware. 2.0Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Administrator" means an educator who is licensed and certified as an administrator and is employed in an instructional role in a school district or charter school. "Education Leader" means a district or charter school building level or central office administrator. 3.0Standard 1 A school administrator is an educational leader who promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. 3.1The administrator has knowledge and understanding of: 3.1.1Learning goals in a pluralistic society. 3.1.2The principles of developing and implementing strategic plans. 3.1.3Systems theory. 3.1.4Information sources, data collection, and data analysis strategies. 3.1.5Effective communication. 3.1.6Effective consensus building and negotiation skills. 3.2The administrator believes in, values, and is committed to: 3.2.1The educability of all. 3.2.2A school vision of high standards of learning. 3.2.3Continuous school improvement. 3.2.4The inclusion of all members of the school community. 3.2.5Ensuring that students have the knowledge, skills, and values needed to become successful adults. 3.2.6A willingness to continuously examine one's own assumptions, beliefs, and practices. 3.2.7Doing the work required for high levels of personal and organizational performance. 3.3The administrator facilitates processes and engages in activities ensuring that: 3.3.1The vision and mission of the school are effectively communicated to staff, parents, students, and community members. 3.3.2The vision and mission are communicated through the use of symbols, ceremonies, stories, and similar activities. 3.3.3The core beliefs of the school vision are modeled for all stakeholders. 3.3.4The vision is developed with and among stakeholders. 3.3.5The contributions of school community members to the realization of the vision are recognized and celebrated. 3.3.6Progress toward the vision and mission is communicated to all stakeholders. 3.3.7The school community is involved in school improvement efforts. 3.3.8The vision shapes the educational programs, plans, and actions. 3.3.9An implementation plan is developed in which objectives and strategies to achieve the vision and goals are clearly articulated. 3.3.10Assessment data related to student learning are used to develop the school vision and goals. 3.3.11Relevant demographic data pertaining to students and their families are used in developing the school mission and goals. 3.3.12Barriers to achieving the vision are identified, clarified, and addressed. 3.3.13Needed resources are sought and obtained to support the implementation of the school mission and goals. 3.3.14Existing resources are used in support of the school vision and goals. 3.3.15The vision, mission, and implementation plans are regularly monitored, evaluated, and revised. 3.1An education leader promotes the success of every student by facilitating the development, articulation, implementation and stewardship of a vision of learning that is shared and supported by all stakeholders. 3.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 3.2.1Collaboratively develop and implement a shared vision and mission; 3.2.2Collect and use data to identify goals, assess organizational effectiveness, and promote organizational learning; 3.2.3Create and implement plans to achieve goals; 3.2.4Promote continuous and sustainable improvement; and 3.2.5Monitor and evaluate progress and revise plans. 4.0Standard 2 A school administrator is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional growth. 4.1The administrator has knowledge and understanding of: 4.1.1Student growth and development. 4.1.2Applied learning theories. 4.1.3Applied motivational theories. 4.1.4Curriculum design, implementation, evaluation, and refinement. 4.1.5Principles of effective instruction. 4.1.6Measurement, evaluation, and assessment strategies. 4.1.7Diversity and its meaning for educational programs. 4.1.8Adult learning and professional development models. 4.1.9The change process for systems, organizations, and individuals. 4.1.10The role of technology in promoting student learning and professional growth. 4.1.11School cultures. 4.2The administrator believes in, values, and is committed to: 4.2.1Student learning as the fundamental purpose of schooling. 4.2.2The proposition that all students can learn. 4.2.3The variety of ways in which students can learn. 4.2.4Life long learning for self and others. 4.2.5Professional development as an integral part of school improvement. 4.2.6The benefits that diversity brings to the school community. 4.2.7A safe and supportive learning environment. 4.2.8Preparing students to be contributing members of society. 4.3The administrator facilitates processes and engages in activities ensuring that: 4.3.1All individuals are treated with fairness, dignity, and respect. 4.3.2Professional development promotes a focus on student learning consistent with the school vision and goals. 4.3.3Students and staff feel valued and important. 4.3.4The responsibilities and contributions of each individual are acknowledged. 4.3.5Barriers to student learning are identified, clarified, and addressed. 4.3.6Diversity is considered in developing learning experiences. 4.3.7Life long learning is encouraged and modeled. 4.3.8There is a culture of high expectations for self, student, and staff performance. 4.3.9Technologies are used in teaching and learning. 4.3.10Student and staff accomplishments are recognized and celebrated. 4.3.11Multiple opportunities to learn are available to all students. 4.3.12The school is organized and aligned for success. 4.3.13Curricular, cocurricular, and extracurricular programs are designed, implemented, evaluated, and refined. 4.3.14Curriculum decisions are based on research, expertise of teachers, and the recommendations of learned societies. 4.3.15The school culture and climate are assessed on a regular basis. 4.3.16A variety of sources of information is used to make decisions. 4.3.17Student learning is assessed using a variety of techniques. 4.3.18Multiple sources of information regarding performance are used by staff and students. 4.3.19A variety of supervisory and evaluation models is employed. 4.3.20Pupil personnel programs are developed to meet the needs of students and their families. 4.1An education leader promotes the success of every student by advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional growth. 4.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 4.2.1Nurture and sustain a culture of collaboration, trust, learning, and high expectations; 4.2.2Create a comprehensive, rigorous, and coherent curricular program; 4.2.3Create a personalized and motivating learning environment for students; 4.2.4Supervise instruction; 4.2.5Develop assessment and accountability systems to monitor student progress; 4.2.6Develop the instructional and leadership capacity of staff; 4.2.7Maximize time spent on quality instruction; 4.2.8Promote the use of the most effective and appropriate technologies to support teaching and learning; and 4.2.9Monitor and evaluate the impact of the instructional program. 5.0Standard 3 A school administrator is an educational leader who promotes the success of all students by ensuring management of the organization, operations, and resources for a safe, efficient, and effective learning environment. 5.1The administrator has knowledge and understanding of: 5.1.1Theories and models of organizations and the principles of organizational development. 5.1.2Operational procedures at the school and district level. 5.1.3Principles and issues relating to school safety and security. 5.1.4Human resources management and development. 5.1.5Principles and issues relating to fiscal operations of school management. 5.1.6Principles and issues relating to school facilities and use of space. 5.1.7Legal issues impacting school operations. 5.1.8Current technologies that support management functions. 5.2The administrator believes in, values, and is committed to: 5.2.1Making management decisions to enhance learning and teaching. 5.2.2Taking risks to improve schools. 5.2.3Trusting people and their judgments. 5.2.4Accepting responsibility. 5.2.5High quality standards, expectations, and performances. 5.2.6Involving stakeholders in management processes. 5.2.7A safe environment. 5.3The administrator facilitates processes and engages in activities ensuring that: 5.3.1Knowledge of learning, teaching, and student development is used to inform management decisions. 5.3.2Operational procedures are designed and managed to maximize opportunities for successful learning. 5.3.3Emerging trends are recognized, studied, and applied as appropriate. 5.3.4Operational plans are procedures to achieve the vision and goals of the school are in place. 5.3.5Collective bargaining and other contractual agreements related to the school are effectively managed. 5.3.6The school plan, equipment, and support systems operate safely, efficiently, and effectively. 5.3.7Time is managed to maximize attainment of organizational goals. 5.3.8Potential problems and opportunities are identified. 5.3.9Problems are confronted and resolved in a timely manner. 5.3.10Financial, human, and material resources are aligned to the goals of schools. 5.3.11The school acts entrepreneurially to support continuous improvement. 5.3.12Organizational systems are regularly monitored and modified as needed. 5.3.13Stakeholders are involved in decisions affecting schools. 5.3.14Responsibility is shared to maximize ownership and accountability. 5.3.15Effective problem framing and problem solving skills are used. 5.3.16Effective conflict resolution skills are used. 5.3.17Effective group process and consensus building skills are used. 5.3.18Effective communication skills are used. 5.3.19There is effective use of technology to manage school operations. 5.3.20Fiscal resources of the school are managed responsibly, efficiently, and effectively. 5.3.21A safe, clean, and aesthetically pleasing school environment is created and maintained. 5.3.22Human resource functions support the attainment of school goals. 5.3.23Confidentiality and privacy of school records are maintained. 5.1An education leader promotes the success of every student by ensuring management of the organization, operation and resources for a safe, efficient, and effective learning environment. 5.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 5.2.1Monitor and evaluate the management and operational systems; 5.2.2Obtain, allocate, align, and efficiently utilize human, fiscal, and technological resources; 5.2.3Promote and protect the welfare and safety of students and staff; 5.2.4Develop the capacity for distributed leadership; and 5.2.5Ensure teacher and organizational time is focused to support quality instruction and student learning. 6.0Standard 4 A school administrator is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. 6.1The administrator has knowledge and understanding of: 6.1.1Emerging issues and trends that potentially impact the school community. 6.1.2The conditions and dynamics of the diverse school community. 6.1.3Community resources. 6.1.4Community relations and marketing strategies and processes. 6.1.5Successful models of school, family, business, community, government and higher education partnerships. 6.2The administrator believes in, values, and is committed to: 6.2.1Schools operating as an integral part of the larger community. 6.2.2Collaboration and communication with families. 6.2.3Involvement of families and other stakeholders in school decision making processes. 6.2.4The proposition that diversity enriches the school. 6.2.5Families as partners in the education of their children. 6.2.6The proposition that families have the best interests of their children in mind. 6.2.7Resources of the family and community needing to be brought to bear on the education of students. 6.2.8An informed public. 6.3The administrator facilitates processes and engages in activities ensuring that: 6.3.1High visibility, active involvement, and communication with the larger community is a priority. 6.3.2Relationships with community leaders are identified and nurtured. 6.3.3Information about family and community concerns, expectations, and needs is used regularly. 6.3.4There is outreach to different business, religious, political, and service agencies and organizations. 6.3.5Credence is given to individuals and groups whose values and opinions may conflict. 6.3.6The school and community serve one another as resources. 6.3.7Available community resources are secured to help the school solve problems and achieve goals. 6.3.8Partnerships are established with area businesses, institutions of higher education, and community groups to strengthen programs and support school goals. 6.3.9Community youth family services are integrated with school programs. 6.3.10Community stakeholders are treated equitably. 6.3.11Diversity is recognized and valued. 6.3.12Effective media relations are developed and maintained. 6.3.13A comprehensive program of community relations is established. 6.3.14Public resources and funds are used appropriately and wisely. 6.3.15Community collaboration is modeled for staff. 6.3.16Opportunities for staff to develop collaborative skills are provided. 6.1An education leader promotes the success of every student by collaborating with faculty and community members, responding to diverse community interests and needs and mobilizing community resources. 6.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 6.2.1Collect and analyze data and information pertinent to the educational environment; 6.2.2Promote understanding, appreciation, and use of the community's diverse cultural, social, and intellectual resources; 6.2.3Build and sustain positive relationships with families and caregivers; and 6.2.4Build and sustain productive relationships with community partners. 7.0Standard 5 A school administrator is an educational leader who promotes the success of all students by acting with integrity, with fairness, and in an ethical manner. 7.1The administrator has knowledge and understanding of: 7.1.1The purpose of education and the role of leadership in modern society. 7.1.2Various ethical frameworks and perspectives on ethics. 7.1.3The values of the diverse school community. 7.1.4Professional codes of ethics. 7.1.5The philosophy and history of education. 7.2The administrator believes in, values, and is committed to: 7.2.1The ideal of the common good. 7.2.2The principles in the Bill of Rights. 7.2.3The right of every student to a free, quality education. 7.2.4Bringing ethical principles to the decision-making process. 7.2.5Subordinating one's own interest to the good of the school community. 7.2.6Accepting the consequences for upholding one's principles and actions. 7.2.7Using the influence of one's office constructively and productively in the service of all students and their families. 7.2.8Development of a caring school community. 7.3The administrator: 7.3.1Examines personal and professional values. 7.3.2Demonstrates a personal and professional code of ethics. 7.3.3Demonstrates values, beliefs, and attitudes that inspire others to higher levels of performance. 7.3.4Serves as a role model. 7.3.5Accepts responsibility for school operations. 7.3.6Considers the impact of one's administrative practices on others. 7.3.7Uses the influence of the office to enhance the educational program rather than for personal gain. 7.3.8Treats people fairly, equitably, and with dignity and respect. 7.3.9Protects the rights and confidentiality of students and staff. 7.3.10Demonstrates appreciation for and sensitivity to the diversity in the school community. 7.3.11Recognizes and respects the legitimate authority of others. 7.3.12Examines and considers the prevailing values of the diverse school community. 7.3.13Expects that others in the school community will demonstrate integrity and exercise ethical behavior. 7.3.14Opens the school to public scrutiny. 7.3.15Fulfills legal and contractual obligations. 7.3.16Applies laws and procedures fairly, wisely, and considerately. 7.1An education leader promotes the success of every student by acting with integrity, fairness and in an ethical manner. 7.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 7.2.1Ensure a system of accountability for every student's academic and social success; 7.2.2Model principles of self-awareness, reflective practice, transparency, and ethical behavior; 7.2.3Safeguard the values of democracy, equity, and diversity; 7.2.4Consider and evaluate the potential moral and legal consequences of decision-making; and 7.2.5Promote social justice and ensure that individual student needs inform all aspects of schooling. 8.0Standard 6 A school administrator is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural contexts. 8.1The administrator has knowledge and understanding of: 8.1.1Principles of representative governance that undergird the system of American schools. 8.1.2The role of public education in developing and renewing a democratic society and an economically productive nation. 8.1.3The law as related to education and schooling. 8.1.4The political, social, cultural and economic systems and processes that impact schools. 8.1.5Models and strategies of change and conflict resolution as applied to the larger political, social, cultural and economic contexts of schooling. 8.1.6Global issues and forces affecting teaching and learning. 8.1.7The dynamics of policy development and advocacy under our democratic political system. 8.1.8The importance of diversity and equity in a democratic society. 8.2The administrator believes in, values, and is committed to: 8.2.1Education as a key to opportunity and social mobility. 8.2.2Recognizes a variety of ideas, values, and cultures. 8.2.3Importance of a continuing dialogue with other decision makers affecting education. 8.2.4Actively participating in the political and policy making context in the service of education. 8.2.5Using legal systems to protect student rights and improve student opportunities. 8.3The administrator facilitates processes and engages in activities ensuring that: 8.3.1The environment in which schools operate is influenced on behalf of students and their families. 8.3.2Communication occurs among the school community concerning trends, issues, and potential changes in the environment in which schools operate. 8.3.3There is ongoing dialogue with representatives of diverse community groups. 8.3.4The school community works within the framework of policies, laws, and regulations enacted by local, state, and federal authorities. 8.3.5Public policy is shaped to provide quality education for students. 8.3.6Lines of communication are developed with decision makers outside the school community. 8.1An education leader promotes the success of every student by understanding, responding to, and influencing the political, social, economic, legal and cultural context. 8.2The education leader shall engage in and be responsible for the following leadership behaviors and skills: 8.2.1Advocate for children, families, and caregivers; 8.2.2Act to influence local, district, state, and national decisions affecting student learning; and 8.2.3Assess, analyze, and anticipate emerging trends and initiatives in order to adapt leadership strategies. 6 DE Reg. 322 (9/1/02) Renumbered effective 6/1/07 - see Conversion Table 11 DE Reg. 311 (09/01/07) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Ch. 5, §512 (31 Del.C., Ch. 5, §512) Diamond State Health Plan 1115 Demonstration Waiver DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 17900 Medicaid for Workers with Disabilities 12 DE Reg. 446 (10/01/08) 17908 Unearned Income Exclusion 17911Financial Eligibility Determination 17912Retroactive Eligibility DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) Reimbursement Methodology for Inpatient Hospital Services 6 DE Reg. 885 (1/1/03) 9 DE Reg. 783 (11/01/05) 13 DE Reg. 259 (8/1/09) DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) Reimbursement Methodology for Medicaid Services 13 DE Reg. 259 (8/1/09) DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 2001.1 Redetermination: Eligibility Review Periods DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) 4002.2 Available Resources 4002.5Excluded Resources 9 DE Reg. 1374 (03/01/06) 4002.6Disposal of Real Property DEPARTMENT OF JUSTICE DIVISION OF SECURITIES Statutory Authority: 6 Delaware Code, Section 7325 (6 Del.C. §7325) James B. Ropp Securities Commissioner Department of Justice State Office Building, 5th Floor 820 N. French Street Wilmington, DE 19801 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 1142 1142 Specific Emission Control Requirements 2.0Control of NOx Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries 2.1Purpose 2.1.1The purpose of Section 2.0 of this regulation is to reduce NOX emissions from Delaware's large industrial boilers and process heaters that are located at petroleum refineries. 2.1.2Under the 8-hour ozone national ambient air quality standard (NAAQS), the state of Delaware is part of the Philadelphia-Wilmington-Atlantic City, PA-DE-MD-NJ moderate non-attainment area (NAA). The entire NAA, including Delaware, is required by the Clean Air Act (CAA) to attain the 8- hour ozone NAAQS by 2010. After attainment, the area must maintain compliance with the NAAQS. By implementing Section 2.0 of this regulation, NOx emission reductions from the affected boilers and heaters shall contribute to (1) attainment and maintenance of the 8-hour ozone standard, and (2) improvement of the ambient air quality, in both Delaware and the entire NAA. 2.1.3Additionally, New Castle County of Delaware is a part of the Philadelphia-Wilmington-Camden, PA-DE-NJ NAA for the annual fine particulate matter (PM2.5) NAAQS, and is required by the CAA to attain the NAAQS by 2010. Since NOx is a significant precursor to PM2.5 formation, reducing NOx emissions will also assist in attainment and maintenance of the PM2.5 standard. 2.2Applicability and Compliance Dates 2.2.1Section 2.0 of this regulation applies to any industrial boiler or process heater with a maximum heat input capacity of equal to or greater than 200 million BTUs per hour (mmBTU/Hour) (except for any Fluid Catalytic Cracking Unit carbon monoxide (CO) boiler), which is operated or permitted to operate within a petroleum refinery facility on the effective date of this section. This comprises the following nine (9) units at the Delaware City refinery: 2.2.1.1Crude Unit Vacuum Heater (Unit 21-H-2); 2.2.1.2Crude Unit Atmospheric Heater (Unit 21-H-701); 2.2.1.3Fluid Coking Unit Carbon Monoxide boiler (Unit 22-H-3); 2.2.1.4Steam Methane Reformer Heater (Unit 37-H-1); 2.2.1.5Continuous Catalyst Regenerator Reformer Heater (Unit 42-H-1,2,3); 2.2.1.6Boiler 1 (Unit 80-1); 2.2.1.7Boiler 2 (Unit 80-2); 2.2.1.8Boiler 3 (Unit 80-3); 2.2.1.9Boiler 4 (Unit 80-4). 2.2.2The requirements of Section 2.0 of this regulation are in addition to all other state and federal requirements. 2.2.3The following units shall be in compliance with the requirements of Section 2.0 of this regulation on and after July 11, 2007: Crude Unit Atmospheric Heater (Unit 21-H-701), Steam Methane Reformer Heater (Unit 37-H-1) and Boiler 2 (Unit 80-2). 2.2.4The following units shall be in compliance with the requirements of Section 2.0 of this regulation as soon as practicable, but not later than: 2.2.4.1December 31, 2008: Boiler 1 (Unit 80-1) and Crude Unit vacuum Heater (Unit 21-H-2). 2.2.4.2May 1, 2011: Boiler 3 (Unit 80-3) and Boiler 4 (Unit 80-4). 2.2.4.3December 31, 2012: Continuous Catalyst Regenerator Reformer Heater (Unit 42-H-1, 2, 3). 2.3Standards. The owner or operator of any industrial boiler or process heater identified in Section 2.2.1 of this regulation shall not allow NOx to be emitted at a rate that exceeds the following meet the applicable NOx emission limitation identified in the following sections: 2.3.1For the Fluid Coking Unit Carbon Monoxide boiler (Unit 22-H-3), Reserved. 2.3.2For the Steam Methane Reformer (SMR) Heater (Unit 37-H-1), Reserved. 2.3.3For Boiler 1 (Unit 80-1), Boiler 3 (Unit 80-3) and Boiler 4 (Unit 80-4), shall not operate after May 1, 2011. On or before May 1, 2011 the owner or operator of Boiler 3 and Boiler 4 shall request that any operating permit issued by the Department be cancelled. 0.015 lb/mmBTU, on a 24-hour rolling average basis. 2.3.4For any unit not covered by 2.3.1, 2.3.2, or 2.3.3, 0.04 lb/mmBTU, on a 24-hour rolling average basis. 2.3.5The standards set out in 2.3 of this regulation shall not apply to the start-up and shutdown of equipment when emissions from such equipment during a start-up and shutdown are addressed in an operation permit issued pursuant to the provisions of §2 of Regulation 1102. 2.4Monitoring Requirements. Compliance with the NOx emission standards specified in 2.3.1, 2.3.2, and 2.3.4 of this regulation shall be determined based on CEM data collected in accordance with the appropriate requirements set forth in 40 CFR, Part 60, Appendix B, Performance Specification 2, and the QA/QC requirements in 40 CFR Part 60, Appendix F. 2.5Recordkeeping and Reporting Requirements 2.5.1Not later than 180 days after the effective date of Section 2.0 of this regulation, any person subject to Section 2.0 of this regulation shall develop, and submit to the Department, a schedule for bringing the affected emission unit(s), identified in Section 2.2.4, into compliance with the requirements of Section 2.3 of this regulation. Such schedule shall include, at a minimum, all of the following: 2.5.1.1The method by which compliance will be achieved. 2.5.1.2The dates by which the affected person plans to complete the following major increments of progress, as applicable: 2.5.1.2.1Completion of engineering; 2.5.1.2.2 Submission of permit applications; 2.5.1.2.3 Awarding of contracts for construction and/or installation; 2.5.1.2.4 Initiation of construction; 2.5.1.2.5 Completion of construction; 2.5.1.2.6 Commencement of trial operation; 2.5.1.2.7Initial compliance testing; 2.5.1.2.8 Submission of compliance testing reports; 2.5.1.2.9 Commencement of normal operations (in full compliance). 2.5.2 Any person subject to Section 2.0 of this regulation shall submit to the Department an initial compliance certification by September 10, 2007 for units identified in Section 2.2.3 of this regulation and, for units identified in Section 2.2.4, by the compliance date specified in Section 2.2.4. The initial compliance certification shall include, at a minimum, all of the following information: 2.5.2.1The name and the location of the facility; 2.5.2.2The name, address and telephone number of the person responsible for the facility; 2.5.2.3Identification of the subject source(s); 2.5.2.4The applicable standard; 2.5.2.5The method of compliance; 2.5.2.6Certification that each subject source is in compliance with the applicable standard. 2.5.3Any person subject to Section 2.0 of this regulation shall, for each occurrence of excess emissions above the standards of Section 2.3 of this regulation, within thirty (30) calendar days of becoming aware of such occurrence, supply the Department with the following information: 2.5.3.1The name and location of the facility; 2.5.3.2The subject source(s) that caused the excess emissions; 2.5.3.3The time and date of first observation of the excess emissions; 2.5.3.4The cause and expected duration of the excess emissions; 2.5.3.5The estimated rate of emissions (expressed in the units of the applicable emission limitation) and the operating data and calculations used in determining the magnitude of the excess emissions; 2.5.3.6The proposed corrective actions and schedule to correct the conditions causing the excess emissions. 2.5.4Any person subject to Section 2.0 of this regulation shall maintain all information necessary to determine and demonstrate compliance with the requirements of this section for a minimum period of five (5) years. Such information shall be immediately made available to the Department upon verbal and written request. 5 DE Reg. 1299 (12/01/01) 11 DE Reg. 75 (07/01/07) 12 DE Reg. 347 (09/01/08) DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Section 903(e)(2)a.(3) (7 Del.C. §1903(e)(2)a.(3) 7 DE Admin. Code 3512 3512 Winter Flounder Size Limit; Possession Limit; Seasons (Penalty Section 7 Del.C. §936(b)(2)) 1.0It shall be unlawful for any person to possess any winter flounder, (Pseudopleuronectes americanus), that measure less than twelve (12) inches, total length. 2.0It shall be unlawful for any recreational fisherman to have in possession more than ten (10) two (2) winter flounder per day (a day being 24 hours) at or between the place where said winter flounder were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. 3.0It shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder before 12:01 AM February 11 or after midnight April 10 in any given calendar year. 4.0It shall be unlawful for any non-federally licensed commercial fishermen to harvest, land or possess more than 50 pounds of winter flounder per day. Federally licensed commercial fishermen are subject to current federal winter flounder harvest, landing, and possession limits. 8 DE Reg. 1718 (6/1/05) DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Sections 1902(a)(5) and 2804 (7 Del.C. §§1902(a)(5) and 2804) 7 DE Admin. Code 3711 3711 Conch Minimum Size Limits (Penalty Section 7 Del.C. §1912) 1.0It shall be unlawful for any person to possess any channeled conch, Busycotypus canaliculatum, that measures less than six (6) inches in length or 3 1/8 inches in diameter at the whorl. 2.0Notwithstanding the provisions of paragraph 1.0, a person may possess no more than five (5) channeled conchs per 60 pounds that are less than six (6) inches in length or 3 1/8 inches in diameter at the whorl. 3.0It shall be unlawful for any person to possess any knobbed conch, Busycon carica, that measures less than five 5 ¼ inches in 2007, 5 ½ inches in 2008, 5 ¾ inches in 2009, and six (6) inches in length in 2010. Beginning in 2010, the minimum length shall remain 6 inches thereafter until changed by regulation. The minimum diameter at the whorl shall be no less than 3 inches in 2007, 3 ¼ inches in 2008, 3 ¼ inches in 2009 and 3 ½ inches in 2010 and shall remain 3 ½ inches thereafter until changed by regulation. 4.0Notwithstanding the provisions of paragraph 3.0, a person may possess no more than five (5) knobbed conchs per 60 pounds that are less than the allowable minimum length limit or the minimum diameter at the whorl. 1 DE Reg. 250 (9/1/97) 1 DE Reg. 835 (1/1/98) 10 DE Reg. 1034 (12/01/06) DEPARTMENT OF SAFETY AND HOMELAND SECURITY DIVISION OF STATE POLICE Statutory Authority: 10 Delaware Code, Chapter 27 (10 Del.C. Ch. 27) 2400 Constables 1.0Experience 1.1A constable must meet the minimum training standards as established by the Council on Police Training Board. 2.0Appeal 2.1Any applicant who is rejected for a commission as a constable may, within 30 days of such notice of rejection, submit a written notice of appeal. 2.2A hearing date, to be determined by the Board, will be convened to take relevant evidence on the appeal. 2.3Such proceedings shall be conducted in accordance with the administrative procedures act (Title 29). 2.4The Board decision, in writing, will be mailed to the applicant within ten working days after the hearing. 3.0Law Enforcement Exemption 3.1Applicants, who were prior law enforcement officers in any jurisdiction and have been away from police work for not more than five (5) years, will be considered for commissions on a case-by-case basis. 3.2Applicants, who have been law enforcement officers in the past but have been away from active law enforcement for more than five (5) years, will be required to take either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory), under the conditions noted in Rule 4.0, and a comprehensive, multiple-choice examination, equivalent to the C.O.P.T. exam to identify weaknesses in their knowledge of law enforcement of the minimum standards established by the Board to identify weaknesses in their knowledge of the duties of a Constable. Once those shortcomings have been identified, the individual officer will be required to take the requisite training where the deficiency was noted. 12 DE Reg. 977 (01/01/09) 4.0Employment 4.1All applicants must submit written testimony from five (5) reputable citizens attesting to good character, integrity, and competency. 4.2All applicants must submit to either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory) evaluation performed by a licensed psychologist who has knowledge of the requirements of the duties of the Constable position, that the applicant is psychologically fit to function as a competent Constable. 4.3All applicants shall be required to submit an application and their fingerprints to the Director of Detective Licensing on the appropriate forms. The Director of the State Bureau of Identification shall set the processing fee. 4.4No full-time police officer may apply for a commission as a constable. 4.5All applicants seeking a new commission as a constable shall be required to submit a $100.00 application fee. 4.6A $50.00 annual renewal fee shall be required to accompany the renewal application each year thereafter. 4.7A constable shall not be a member or employee of any Delaware law enforcement organization, as defined by the council on Police Training, or a member or employee of a law enforcement organization of any other state or federal jurisdiction. Adopted 05/16/00 12 DE Reg. 977 (01/01/09) 5.0Firearm’s Policy 5.1No person licensed under Title 24 Chapter 13 Sections 1315 & 1317 shall carry a firearm unless that person has first passed an approved firearms course given by a Board approved certified firearms instructor, which shall include a minimum 40 hour course of instruction. Individuals licensed to carry a firearm must shoot a minimum of three (3) qualifying shoots per year, scheduled on at least two (2) separate days, with a recommended 90 days between scheduled shoots. Of these three (3), there will be one (1) mandatory "low light" shoot. Simulation is permitted and it may be combined with a daylight shoot. 5.2Firearms - approved type of weapons 5.2.19mm 5.2.2.357 5.2.3.38 5.2.4.40 5.3All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications. 5.4Under no circumstances will anyone be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein. 5.5All individuals must qualify with the same type of weapon that he/she will carry. 5.6All ammunition will be factory fresh (no re-loads). 5.7The minimum passing score is 80%. All licenses are valid for a period of one (1) year. DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 3606 (24 Del.C. §3606) 24 DE Admin. Code 3600 3600 Board of Registration of Geologists 2.0Procedures for Licensure 2.1Application - Initial Licensure An applicant who is applying for licensure as a geologist shall submit evidence showing that he/she meets the requirements of 24 Del.C. §3608. The applicant must submit the following documentation: 2.1.1An application for licensure, which shall include: 2.1.1.1Academic credentials documented by official transcripts showing completion of an educational program meeting the requirements of 24 Del.C. §3608(a)(1). 2.1.1.2Any applicant holding a degree from a program outside the United States or its territories must provide the Board with an educational credential evaluation from an agency approved by the Board, demonstrating that their training and degree are equivalent to domestic accredited programs. No application is considered complete until the educational credential evaluation is received by the Board. 2.1.1.3Five professional references on forms provided by the Board. The references must attest that the Applicant has completed at least five (5) years of work experience in Geologic work satisfactory to the Board. A minimum of three years of work experience must be in a responsible position. 2.1.1.4Evidence that the applicant has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor. 2.1.1.5Letters of good standing from all jurisdictions in which the applicant is licensed or registered. 2.2Application - By Reciprocity An applicant who is applying for licensure as a geologist by reciprocity shall submit evidence showing that he/she meets the requirements of 24 Del.C. §3609. The applicant must submit the following documentation: 2.2.1An application for licensure, which shall include: 2.2.1.1Academic credentials documented by official transcripts showing completion of an educational program meeting the requirements of 24 Del.C. §3608(a)(1). 2.2.1.2Any applicant holding a degree from a program outside the United States or its territories must provide the Board with an educational credential evaluation from an agency approved by the Board, demonstrating that their training and degree are equivalent to domestic accredited programs. No application is considered complete until the educational credential evaluation is received by the Board. 2.2.1.3Evidence that the applicant is currently licensed or certified in the jurisdiction from which he/ she is applying and the applicant has practiced for a minimum of two (2) years after licensure in the jurisdiction from which he/she is applying including two (2) professional references on forms provided by the Board. An applicant may not obtain reciprocity on a lapsed or expired license or certification. The references must attest that the Applicant has completed at least two (2) years of work experience in Geologic work satisfactory to the Board. The required two years of Geologic work experience attested to by the referees must have been performed in the jurisdiction from which the applicant is seeking reciprocity. 2.2.1.4Evidence that the applicant has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor. 2.2.1.4.1Applicants, who were originally licensed in another jurisdiction after June 17, 1998, will be required to have a passing score (70%) on each part of the ASBOG examination. 2.2.1.5Letters of good standing from all jurisdictions in which the applicant is licensed or registered. 11 DE Reg. 349 (09/01/07) 6.0Continuing Education 6.1The Board will require continuing education as a condition of license renewal. Continuing education shall be waived for the first licensure renewal following the effective date of the Board’s Rules and Regulations. 6.1.1Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirement of Rule 6.0. 6.1.2Attestation 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. 6.1.3Licensees selected for random audit will be required to supplement the attestation with attendance verification pursuant to Rule 6.3. 6.2Licenses are renewed biennially (every two years on the even year) on September 30 (e.g. September 30, 2006, 2008). Continuing education (CE) reporting periods run concurrently with the biennial licensing period. 6.3Each licensed geologist shall complete, biennially, 24 units of continuing education as a condition of license renewal. The licensee is responsible for retaining all certificates and documentation of participation in approved continuing education programs. Upon request, such documentation shall be made available to the Board for random post renewal audit and verification purposes. A continuing education unit is equivalent to one contact hour (60 minutes), subject to the Board’s review. The preparing of original lectures, seminars, or workshops in geology or related subjects shall be granted one (1) contact hour for preparation for each contact hour of presentation. Credit for preparation shall be given for the first presentation only. 6.4A candidate for renewal may be granted an extension of time in which to complete continuing education hours upon a showing of hardship. “Hardship” may include, but is not limited to, disability; illness; extended absence from the jurisdiction; or exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period for which it is made. 6.5Continuing education shall be prorated for new licensees in the following manner: 6.5.1If at the time of renewal, a licensee has been licensed for less than one year, no continuing education is required; if he/she has been licensed for more than one year, but less than two years, twelve of the twenty-four hours will be required; if he/she has been licensed for two years or more the full twenty-four hours is required. 6.6In his/her personal records, each licensee must keep proof of attendance for each activity for which the licensee is requesting credit. If the Board conducts an audit of a licensee’s CE records, the Board will require the licensee to complete a CE log provided by the Board and submit the licensee’s documentation of attendance to the CE event listed on the CE log. Failure to submit proof of attendance during an audit will result in loss of CE credit for that event. 6.7Continuing education must be in a field related to Geology. Approval will be at the discretion of the Board. CEUs earned in excess of the required credits for the two- (2) year period may not be carried over to the next biennial period. 6.8Categories of Continuing Education & Maximum Credit Allowed: 6.8.1Courses/Workshops – 24 CEUs Total Academic – 24 CEUs Professional Development – 24 CEUs Documentation – Proof of Completion 6.8.2Professional Activities – 12 CEUs Total Meetings – 12 CEUs Field Trips – 12 CEUs Documentation – Proof of Attendance and Duration 6.8.3Peer Reviewed Publications– 12 CEUs Total Composition – 12 CEUs Review – 12 CEUs Documentation – Proof of Participation 6.8.4Presentations/Seminars – 12 CEUs Total Presentation – 12 CEUs (1 hour prep time per hour presented) Attendance – 12 CEUs Documentation – Proof of Attendance and Duration 6.8.5Research/Grants – 12 CEUs Total Documentation – Proof of Submission 6.8.6Specialty Certifications – 12 CEUs Total Documentation – Proof of Completion 6.8.7Home Study Courses – 12 CEUs Total Documentation – Proof of Completion 6.8.8Teaching – 12 CEUs Total Documentation – Verification from Sponsoring Institution 6.8.9Service on a Geological Professional Society, Geological Institution Board/Committee or Geological State Board – 6 CEUs Total Documentation – Proof of Appointment 6.8.10Regulatory Based Activities – 12 CEUs Total Certifications/Training – 12 CEUs Total Documentation – Proof of Completion 6.8.11For any of the above activities, when it is possible to claim credit in more than one category, the licensee may claim credit for the same time period in only one category. 6.9Automatic Approval for course work sponsored by the following Professional Societies: 6.9.1American Association of Petroleum Geologists (AAPG) 6.9.2American Association of Stratigraphic Palynologists (AASP) 6.9.3American Geological Institute (AGI) 6.9.4American Geophysical Union (AGU) 6.9.5American Institute of Hydrology (AIH) 6.9.6American Institute of Professional Geologists (AIPG) 6.9.7Association of American State Geologists (AASG) 6.9.8Association of Earth Science Editors (AESE) 6.9.9Association of Engineering Geologists (AEG) 6.9.10Association of Ground Water Scientists & Engineers (AGWSE) 6.9.11Association of Women Geoscientists (AWG) 6.9.12Clay Mineral Society (CMS) 6.9.13Council for Undergraduate Research-Geology Div. (CUR) 6.9.14Geologic Society of America (GSA) 6.9.15Geoscience Information Society (GIS) 6.9.16International Association of Hydrogeologists/US National Committee (IAH) 6.9.17Mineralogical Society of America (MSA) 6.9.18National Association of Black Geologists and Geophysicists (NABGG) 6.9.19National Association of Geoscience Teachers (NAGT) 6.9.20National Association of State Boards of Geology (ASBOG) 6.9.21National Earth Science Teachers Association (NESTA) 6.9.22National Speleological Society (NSS) 6.9.23Paleontological Research Institution (PRI) 6.9.24Paleontological Society (PS) 6.9.25Seismological Society of America (SSA) 6.9.26Society of Economic Geologists (SEG) 6.9.27Society of Exploration Geophysicists (SEG) 6.9.28Society of Independent Professional Earth Scientists (SIPES) 6.9.29Society for Mining, Metallurgy, and Exploration, Inc. (SME) 6.9.30Society for Organic Petrology (TSOP) 6.9.31Society for Sedimentary Geology (SEPM) 6.9.32Society of Vertebrate Paleontology (SVP) 6.9.33Soil Science Society of America (SSSA) 6.9.34Other professional or educational organizations as approved periodically by the Board. 6.10Courses not pre-approved by the Board may be submitted for review and approval throughout the biennial licensing period. Note: Since regulation 6.9 provides the list of sponsors that are automatically approved by the Board for any course work used for Continuing Education units (CEU) towards the total of 24 CEUs in the biennial license period, please note that regulation 6.10, allowing for pre-approval of courses for CEUs, only pertains to courses NOT offered by a sponsor listed in the list provided in regulation 6.9. Furthermore, one CEU = one Contact Hour. 6.11Audit. Each biennium, the Division of Professional Regulation shall select from the list of potential renewal licensees a percentage, determined by the Board, which shall be selected by random method. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits. 6.12Documentation and Audit by the Board. When a licensee whose name or number appears on the audit list applies for renewal, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU's claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with attendance verification. The Board shall attempt to verify the CEUs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's CEU's meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal. 6.13Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered misconduct in the practice of geology, pursuant to 24 Del.C. §3612(a)(7). The minimum penalty for unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty; however, the Board may impose any of the additional penalties specified in 24 Del.C. §3612. 6.14Noncompliance - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEU's. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board. 6.15Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act. 7 DE Reg. 1342 (4/1/04) 10 DE Reg. 567 (09/01/06) 11 DE Reg. 349 (09/01/07) PUBLIC SERVICE COMMISSION Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a)) 3010 Integrated Resource Planning for the Provision of Standard Offer Service by Delmarva Power & Light Company 1.0General 1.1The reliability of electric service and the security of energy supply are of great importance to the Delaware Public Service Commission (“Commission”), because they are essential services to the citizens of Delaware. This regulation, in support of 26 Del.C. §1007, sets forth the minimum Delmarva Power and Light (“DP&L” or “Company”) Integrated Resource Plan (“IRP” or “the Plan”) requirements needed to ensure a cost effective, price stable, reliable, efficient and environmentally sound energy supply for all Standard Offer Service (“SOS”) customers. 1.2Nothing in this regulation relieves DP&L from compliance with any requirement set forth under any other regulation, statute, or order. Compliance with this regulation meets the minimum IRP requirements. Compliance with this regulation does not imply IRP approval or automatic cost recovery. 1.3In accord with 26 Del.C. §1007, DP&L, as the Standard Offer Service Supplier, shall file an IRP on December 1st, 2006 and on the anniversary date of the first filing date every other year thereafter (i.e. 2008, 2010 et seq.). The Company may request and the Commission may change the filing date for good cause shown. These regulations shall apply to all IRPs filed pursuant to 26 Del.C. §1007. These regulations shall not apply to an IRP docket opened prior to the effective date of these regulations. 1.4The IRP shall be filed in compliance with normal Commission policies and practices. 1.5The IRP shall identify the year of the filing, the individuals responsible for its preparation and those individuals who shall be available to respond to inquires during the Commission’s review of the plan. 1.6Because an IRP may contain trade secrets and commercial or financial information, the Company may request that information, required under this Regulation, be classified as confidential, proprietary and/ or privileged material. The Company must explain how the material deemed confidential, if disclosed, will cause substantial harm to the competitive position of the Company or other party. The Company must attest that such information is not subject to inspection by the public or other parties without execution of an appropriate proprietary agreement. In requesting such treatment of information the Company is also obligated to file an additional copy of the information, excluding the confidential or proprietary information. The Commission, in accordance with Rule 11, Rules of Practice and Procedure of the Delaware Public Service Commission, effective May 10, 1999, shall treat such information as “confidential, not for public release” upon receipt of a properly filed request. Any dispute over the confidential treatment of information shall be resolved by the Commission, designated Presiding Officer or Hearing Examiner. Confidential utility documents shall be presented under separate seal. 1.7Commission Recognition of a filed IRP implies only that the IRP is in compliance with the administrative requirements of this regulation and the Electric Utility Retail Customer Supply Act of 2006 (“Act”), 26 Del.C. §1001-1012. The recognition or ratification of an IRP does not confer or imply Commission approval unless so stated by an Order of the Commission. Approval or disapproval of an IRP must be made by the Commission after, at a minimum, Staff’s analysis of and public comment on the proposed IRP. Any specific ratemaking treatment for the IRP or any portions thereof is neither directly nor indirectly guaranteed by virtue of the recognition or ratification. 1.8The utility shall provide whatever detail and commentary necessary to demonstrate that it has met or exceeded the planning requirements as set forth in this regulation. An effort shall be made to ensure that the IRP is clearly stated and can be readily comprehended by the Commission, State Agencies, and other interested parties. The IRP shall include an Executive Summary. 1.9Compliance with this regulation is a minimum standard for IRPs. The Company needs to exercise its professional judgment based on its systems and customer needs. The Company shall include all information that assists the reader to fully understand the IRP concept and the Company’s IRP to meet SOS energy needs. 1.10This regulation requires the maintenance and retention of supply resource planning data and the reporting of IRP achievements on an annual basis starting in 2009 to the Commission, Governor and General Assembly. The Company shall retain such data, consistent with Federal data retention guidelines and make it available for further review as necessary. 1.11The Company shall submit a total of 14 copies of its IRP - eight (8) copies to the Commission, two (2) copies to the Controller General’s office, two (2) copies to the Office of Management and Budget; two (2) copies to the Division of the Public Advocate and two (2) copies to the Energy Office/DNREC. The Commission may request up to six (6) additional copies of combined and common filings as may be necessary for review. 1.12These Integrated Resource Planning Regulations shall be effective for IRP dockets opened after the effective date of these regulations and may be reviewed, revised, or extended as necessary to ensure continued compliance with 26 Del.C. §1001-1012 and to ensure adequate SOS energy supply. 1.13Failure of the Company to file an IRP or to provide progress reports as required may subject the Company to the penalty and remedial provisions of the Delaware statute (26 Del.C. §1019). 1.14The Company shall make the full IRP, including any appendices or other supporting materials, available to the general public on its web site and shall update these materials on the Company’s web site to remain current with all subsequent updates, revisions or other changes made to the IRP by the Company. 2.0Definitions The following words and terms, as used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. “Brownfield” means any vacant, abandoned, or underutilized real property the development or redevelopment of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated.3 “Capacity” means the maximum power capability of a piece of equipment. For example, a generating unit might have a rated capacity of 50 megawatts. "Commission" means the Delaware Public Service Commission. “Commission Approval” means that if the Company requests and the Commission approves specific policies, contracts or guidelines that are attached to the IRP for rate making purposes. Certain policies, contracts, or guidelines previously approved by the Commission will not need additional Commission approval in the IRP unless materially changed. “Commission Recognition” means that within 45 days after the Company has filed its IRP the Commission finds that the plan is administratively complete in fulfilling the requirements of the rules and regulations. “Commission Ratification” means that after the completion of the regulatory process, including analysis by Staff and input from the public and other parties, the Commission finds that the IRP is not unreasonable and appears to be in the best interest of the ratepayers. Any specific ratemaking treatment for the plan or any portions thereof is neither directly nor indirectly guaranteed by virtue of the ratification. "Conservation" means any reduction in electric power consumption that results from improved efficiency, avoidance of waste, reduced consumption, or other energy usage reductions that may result from installing new equipment, modifying existing equipment to improve efficiency, adding insulation or changing behavior patterns. “Customer-Sited Generation” means a generation unit that is interconnected on the end-use customer’s side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the end-use customer. “Demand Response (“DR”)” means programs that are designed specifically to reduce electricity demand during periods of supply constraint. These programs do not necessarily reduce total annual energy consumption. “Demand-Side Management (“DSM”)” means cost effective energy efficiency programs that are designed to reduce customers’ electricity consumption, especially during peak periods.4 “DNREC” means the Delaware Department of Natural Resources and Environmental Control "DP&L" or “Company” means Delmarva Power & Light Company, Inc. or its successor organizations. “Energy” means electrical energy. In this sense, energy is a measure of the quantity of units of electricity used in a given time period, measured in megawatt- hours. “Environmental Benefit” means the positive environmental impact minus the negative environmental impact attained by specific actions including, but not limited to, energy generation and distribution, transmission service, conservation, customer-sited generation, DR, or DSM. “Environmental Impact” means the result of an action, outcome or activity related to the IRP, on natural and physical resources including, but not limited to, wetlands, sea levels, fisheries, air quality, water quality and quantity, public health, climate impacts, land masses, and ground water. “Externalities” means the social, health, environmental and/or welfare costs or benefits of energy which result from the production, delivery or reduction in use through efficiency improvements, and which are external to the transaction between the supplier (including the supplier of efficiency improvements) and the wholesale or retail customer. Externalities should be quantified and expressed in monetary terms where possible. Those externalities that cannot be quantified or expressed in monetary terms shall nonetheless be qualitatively considered. “Fuel Diversity” means the utilization of resources to supply energy to SOS customers that are procured in such a way as to diminish the risk of adverse changes in fuel prices for electric generation, either through a mix of electric generating resources that utilize a variety of fuel sources, fuel hedges, Customer-Sited Generation resources, both renewable and nonrenewable, application of appropriate risk management practices, DSM or a combination of these activities and assets. “Generation Attributes” means non-price characteristics of the electrical energy output of a generation unit including, but not limited to, the units fuel type, geographical location, emissions, vintage and Renewable Energy Portfolio Standards (26 Del.C. § 351-363) eligibility. “Implementation Plan” means an action plan which outlines the short and long term planned actions and contingency plan of the Company to secure necessary energy, capacity, transmission and other appropriate resources as further described in the Integrated Resource Plan. “Integrated Resource Planning” means the planning process of an Electric Distribution Company that systematically evaluates all available options, including but not limited to: generation, Supply Contracts, transmission and Demand-Side Management programs during the planning period to ensure that the electric distribution Company acquires sufficient and reliable resources over time that meet their customers’ needs at a minimal cost.5 “Integrated Resource Evaluation” means a process within the IRP that considers and compares supply- and demand-side resources to select a final resource mix. “Integrated Resource Plan (IRP)” means the plan derived from the integrated resource planning process. “Load Forecast” means the estimated future annual electricity usage that is used to help electric utilities make resource allocation decisions. “New or Innovative Baseload Technologies” means energy resources using new technologies to generate electricity on a typical round- the- clock basis. “Nominal Price” means the price paid for a product or service at the time of the transaction that has not been adjusted to reflect the effects of inflation. “PJM Interconnection, L.L.C. (‘PJM’)” means the Regional Transmission Organization or successor organization that is responsible for wholesale electricity markets and the interstate transmission of electricity throughout a multi-state operating area that includes Delaware. “Portfolio” or “Resource Portfolio” means the combination of physical assets (e.g. electric generating, self generating, and transmission assets), financial products (e.g. Supply Contracts for energy and related services), market resources (e.g. spot market energy purchases), DSM and DR programs, and Customer-Sited Generation resources, both renewable and non renewable, that the Electric Distribution Company uses to satisfy current and future energy procurement requirements for SOS customers, which is designed to manage the risk of adverse price changes to SOS customers. “Plan Objectives” means the targets or goals of an IRP needed to measure the impact and/or success of the plan’s actions. Such goals or targets must be definitive, measurable and verifiable. Refer to 1.1 for IRP objectives. “Price Stability” means the lack of significant variation in either the real price or nominal price paid by SOS customers over the planning period. “Real Price” means the value after adjusting for inflation. Real price is expressed in constant dollars reflecting buying power relative to a base year. “Reliability” means the degree of performance of the elements of the bulk electric system that results in electricity being delivered to customers within accepted standards and in the amount desired. Reliability may be measured by the frequency, duration, and magnitude of adverse effects on the electric supply. Electric system Reliability can be addressed by considering two basic and functional aspects of the electric system – Adequacy and Security. “Resource Portfolio” means “Portfolio.” "Retail Competition" means the right of a customer to purchase electricity from a certified electric supplier. “Scenario Analysis” means a component of integrated resource planning that analyzes and assigns probabilities to a variety of possible future conditions and the options available to deal with them. Its primary purpose is to facilitate better resource planning decisions by assessing and quantifying the economic and other risks related to a particular decision. "Standard Offer Service (“SOS”)" means the provision of electric supply service by a Standard Offer Service Supplier to customers who do not otherwise receive electric supply service from a certified electric supplier. "Standard Offer Service Supplier" means the electric distribution company serving within its certificated service territory. “Supply Contracts” means short or long term power procurement contracts as may be negotiated and agreed upon to meet defined requirements, more specifically for Delaware’s Standard Offer Service customers. "Transmission Service" means the delivery of electricity from supply sources through transmission facilities to distribution system interconnection points. “Wholesale Electricity Market” means the various PJM markets in which the purchase and sale of electric energy, capacity, and ancillary services from generators to resellers/wholesale suppliers (who sell to retail customers) takes place at the transmission level. 3.0General Requirements 3.1Consistent with the requirements of 26 Del.C. §1007 and this regulation, the Company shall file a new and complete IRP every two years, starting on December 1, 2010 (first even-numbered year after the effective date of these regulations), that meets the following requirements: 3.1.1The IRP shall provide a framework for comparing a comprehensive resource mix of supply- and demand-side and Transmission Service resource costs and attributes. 3.1.2The IRP shall utilize a Resource Portfolio in achieving the objectives of the IRP, shall incorporate a Portfolio approach to securing resources and incorporating an analysis of risk versus certainty into the planning process, or absent such a Portfolio approach, the rationale supporting the exclusion. 3.1.3The IRP process shall provide for regulatory, stakeholder and public input into the development of the IRP in accordance with normal Commission policies and practices. 3.1.4The IRP shall include provisions for the IRP to be modified from time to time, as may be necessary to conform with any subsequent legislative or regulatory directives. 3.2The IRP shall at the minimum include the following requirements: 3.2.1An executive summary with a short description of the utility, its customers, service territory, current facilities, planning objectives, notable areas of departure in the new IRP from the old, citing specific location within the IRP where the new aspects shall be found, Load Forecast, proposed IRP and Implementation Plan. 3.2.2Established Plan Objectives in quantitative and qualitative terms by which the IRP achievements may be measured and shall not be biased against any particular option. Measures must be ascribed to each objective. The Company must include a summary of the overall process, and models used in developing the IRP. 3.2.3A description of the load forecast, the assumptions used or implicit in creating the forecast, the range of forecast examined, and the forecast selected for the filing period and a detailed rationale for such selection. 3.2.4An Integrated Resource Evaluation which shall include a listing of all the options considered to meet the load forecast, identification of those chosen for further evaluation and possible inclusion in the IRP, and a discussion of the rationale for such selections including any key assumptions. This planning information shall include a 10-year planning horizon, starting with the year immediately following the filing year (i.e. filing year of 2010 shall include planning information for years 2011 through 2020). 3.2.5A Scenario Analysis used to integrate the options into a single resource plan or individual scenario for further review and analysis, to include a listing of the various scenarios considered and any key assumptions. 3.2.6A description of the process used to develop the proposed IRP, including the assumptions and analysis leading up to the decision and the application of the valuation criteria as specified in section 5.0. 3.2.7An analysis of the risk and sensitivity of the proposed IRP in comparison to other options also considered and a contingency plan to meet the Plan Objectives should one of the supply, demand or transmission options be either delayed or not realized. 3.2.8Plans for implementation of the IRP, for no less than five (5) years, starting with the year immediately following the filing year. 4.0Load Forecast 4.1The Company shall consider a range of load growth forecasts that include: 4.1.1Both historical data and future estimates. 4.1.2Both winter and summer peak demand for total Delmarva Delaware load and Delmarva Delaware SOS load by customer class. 4.1.3Weather adjustments, including consideration of climate change potential. 4.1.4Five (5) year historical loads, current year-end estimate and ten (10) year weather adjusted forecast showing individually and aggregated Delmarva Delaware and Delmarva Delaware SOS load, and both Delmarva Delaware and Delmarva Delaware SOS load disaggregated by customer classes, including both capacity (MW) and energy requirements (MWh). 4.1.5Analyses of how existing and forecast Conservation, DR, DSM, Customer-Sited Generation, various economic and demographic factors, including the price of electricity, will affect the consumption of electric services, and how customer choice under Retail Competition of utility service may affect future loads. 4.1.6Description of the process the Company used to develop these forecasts. Forecasts shall include the probability of occurrence. Within the forecasting modeling descriptions the Company shall demonstrate how well its model predicted past load data for the prior five (5) years. 5.0Resource Portfolio Options 5.1The Company shall include a description of the overall process and the analytical techniques it used to identify its proposed options. The Company shall not rely exclusively on any particular resource or purchase procurement process. 5.2The Company shall identify and evaluate all reasonable resource options including generation and transmission service, Supply Contracts, both short- and long-term procurement DSM, DR and customer sited generation, even if a particular strategy is ultimately not recommended by the Company. The IRP must show an investigation of all reasonable opportunities for a more diverse supply at the lowest reasonable cost, including consideration of environmental benefits and externalities. The Company shall also provide any hedging guidelines and shall identify any changes from any existing hedging policy. Cost evaluations shall contain a description of each option and an evaluation that considers the economic and environmental value of the following: 5.2.1Resources that utilize New or Innovative Baseload Technologies; 5.2.2Resources that provide short or long term Environmental Benefits to the citizens of this State; 5.2.3Facilities that have existing fuel and transmission infrastructure; 5.2.4Facilities that utilize existing brownfield or industrial sites; 5.2.5Resources that promote Fuel Diversity; 5.2.6Resources or facilities that support or improve Reliability; or 5.2.7Resources that encourage Price Stability. 5.3Where Transmission Service is identified as a planning option, the Company shall describe the transmission enhancement, the location, and provide PJM’s assessment of the impact of the proposed transmission asset when available. The IRP shall reflect the current projects included in PJM‘s Regional Transmission Expansion Plan (“RTEP”). The Company shall file with the Commission any PJM revisions or updates to the RTEP immediately after receipt. 5.4At least 30 percent of the resource mix shall be acquired through the regional Wholesale Electricity Market via a bid procurement or auction process held by DP&L. (Docket No. 04-391.) 5.5The Company shall also include discussion of known plans to reduce existing physical, contractual or service related Portfolio resources during the IRP planning period. 5.6The Company shall include a detailed description of its energy efficiency activities in accordance with 26 Del.C. §1020. The Company shall first consider electricity DR and DSM strategies for meeting base load and load growth needs and cost-effective renewable energy resources before considering traditional fossil fuel-based electric supply services to meet their retail electricity supplier obligations as defined in 26 Del.C. §352. 5.7The Company shall evaluate all technically feasible and cost effective DR improvements. Where non- Company evaluations of DSM and Conservation are available through the Sustainable Energy Utility (“SEU”) (or other organization as requested by the Commission), the Company shall summarize the results and actions taken. The Company shall collaborate and may contract with the SEU to provide services to accomplish the SEU’s Demand Side management plans. The Company, using its independent best judgment, may recommend in the IRP any DSM program first offered to the SEU but rejected by the SEU. Where DR programs are new, the Company shall summarize the anticipated benefits with respect to load reductions and provide supporting material to justify the new program. 5.8The Company shall collaborate with the SEU and appropriate State Agencies in its evaluation of Customer-Sited Generation resource options. The Company may enter into a contractual relationship with the SEU or other energy service providers to implement a Customer-Sited Generation resource option strategy. 5.9The Company shall assess the Resource Portfolio options against the set of Plan Objectives and criteria. 6.0Plan Development 6.1The Company shall conduct an Integrated Resource Evaluation in formulating its potential plans for supply and demand-side resource scenarios. The Company shall describe the mechanism or process by which the Load Forecast and options have been blended into the various IRP scenarios. In integrating its supply and demand-side resources, the Company shall: 6.1.1Prepare an evaluation that takes into consideration the life expectancy of the resource, if the resource provides capacity and/or energy, any improvements to system Reliability, the dispatchability of the source, any lead time requirements, the flexibility of the resource, the Generation Attributes of the resource, the efficiency of the resource, and the opportunities for customers’ participation. The valuation shall assess the probability of securing the options according to modeling information used, including any key assumptions. The Company shall provide the estimated energy and capacity impacts for each option and the rationale behind the estimate. 6.1.2Prepare a contingency plan that shall include a discussion of how the Company might alter the proposed IRP in the future if the key planning assumptions used to develop the proposed IRP in the future turn out to be different than what was assumed in preparing the proposed IRP. 6.1.3Evaluate the cost-effectiveness of the options from the perspectives of the utility and the different classes of ratepayers. Any cost evaluation should be based on real prices, the Company, should it so choose also may provide a cost evaluation using nominal prices. 6.1.4Include a current evaluation, detailing and giving consideration to environmental benefits and externalities associated with the utilization of specific methods of energy production. This evaluation need not be based on original research by the Company and may rely on published research and peer reviewed scientific and/or medical studies commonly available. To the extent that any reliable, relevant peer reviewed published research and scientific and/or medical studies commonly available include life cycle analyses encompassing energy extraction, transport, generation and/or use, the Company shall include such research and studies in its evaluation. 6.1.5The IRP shall not include any assumptions that externalities are adequately addressed by either the fact that the IRP meets the Renewable Energy Portfolio Standards, satisfies the Energy Efficiency Resources Standards, or that the generating units to be utilized comply with existing environmental regulations. This rule does not, however, preclude a potential conclusion that the Renewable Energy Portfolio Standards or Energy Efficiency Resources Standards in effect at the time adequately address externalities. 6.1.6Evaluate the financial, competitive, reliability, and operational risks associated with the options recommended by the IRP and how these risks may be mitigated over the 10 year planning period. Each candidate plan shall include a discussion of the likelihood of the occurrence of such risks. 6.1.7For the options included in the proposed plan identified in the IRP, the IRP shall include an analysis of the fuel risk associated with the proposed Resource Portfolio and how such fuel risk will be mitigated when the proposed IRP is implemented. 6.1.8Perform sensitivity analyses on each of the candidate plans to include variations in key assumptions and to assess the likelihood of planned outcomes. The sensitivity analyses shall include among other analyses the impact of proposed or existing rules and regulations on a local, regional or national level related to climate change. 6.2The Company shall forward a copy of the IRP to DNREC and seek input into externalities, including but not limited to, health effects. 6.3In developing candidate plans, special attention shall be given to ensuring consistency between the IRP and typical rate- making processes. While the ultimate consumer price associated with the plan is important, the stability of rates and other factors as described in Section 5.2 need to be considered in any candidate plan selection. 7.0Proposed Plan Selection. 7.1The Company shall select and file the proposed IRP that is the most consistent with the criteria set forth in 26 Del.C. §§1007, 1020 and this Regulation. The Company shall provide a description of the options recommended for inclusion in the proposed IRP, including a description of the mechanism or process used for valuing each option. The Company shall describe the rationale behind its selection, including any modeling or methodology used as the basis for selection of the proposed IRP. 7.2In filing the proposed IRP, the Company shall provide at a minimum a five (5) year forecast of supply rates by customer class that would be anticipated based on the IRP planning assumptions and recommended procurement strategy. 8.0Implementation Plan 8.1As part of the IRP, the Company shall file a plan needed to implement the IRP. Such Implementation Plan shall be a five (5) year action plan outlining the resource decisions intended to implement the IRP. The Implementation Plan shall include: 8.1.1All actions to be taken in the first two (2) years and outline actions anticipated in the last three (3) years. 8.1.2For IRPs filed on or after December 1, 2010, a status report of the specific actions contained in the previous Implementation Plan, including what risk assumptions were made and what actually occurred. 8.1.3Schedule of key activities related to the IRP implementation. 9.0Review and Comment 9.1As part of the process commencing in 2009 and continuing on an annual basis, the Company shall submit a report to the Commission, the Governor and the General Assembly detailing their progress in implementing their IRPs. 9.2The Commission, interested State Agencies, interested parties and the general public shall be provided an opportunity for review and comment on the Company’s IRP filings. The Commission shall seek input from DNREC on the issue of externalities and environmental benefits due to emissions, as the result of the proposed IRP. 9.3Subsequent to the IRP recognition and after input from the public, and other parties, the Commission may ratify the filing of the Company’s IRP and its compliance with these regulations. Ratification that the IRP complies with the statute shall not guarantee a particular ratemaking treatment of future resource acquisitions. To the extent that the Commission determines that the IRP is not compliant with the statute or is unlikely to meet the goals of the statute, the Company shall revise its IRP to meet these requirements. Rate treatment shall be addressed in rate or other proceedings as filed by the utility or as initiated by the Commission. 9.4The Integrated Resource Plan may be used as a factor in rate cases to evaluate the performance of the utility. Reports provided under this Regulation are subject to annual review and audit by the Commission and interested State Agencies. The Company must maintain sufficient records to permit a review and confirmation of material contained in all required reports. DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES Statutory Authority: 2 Delaware Code, Sections 1802; 29 Delaware Code, Section 8404 (2 Del.C. §1802 and 29 Del.C. §8404) 2 DE Admin. Code 2287 http://regulations.delaware.gov/register/september2009/proposed/13 DE Reg 405 09-01-09.htm DEPARTMENT OF FINANCE OFFICE OF THE STATE LOTTERY Statutory Authority: 29 Delaware Code, Section 4805 (29 Del.C. §4805) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) DSSM 1006.6 Civil Rights Program and Public Relations 11 DE Reg. 325 (09/01/07) DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 312 and 1113; (18 Del.C. §311, §1113) 18 DE Admin. Code 1212 1212 Valuation of Life Insurance Policies DEPARTMENT OF INSURANCE Statutory Authority: 18 Delaware Code, Sections 312 and 1113; (18 Del.C. §311, §1113) 18 DE Admin. Code 1215 1215 Recognition of Preferred Mortality Tables for use in Determining Minimum Reserve Liabilities 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 1101 DEPARTMENT OF STATE Statutory Authority: 28 Delaware Code, Sections 1122 (a) (28 Del.C. §§1122 (a)) 24 DE Admin. Code 401, 404 401 Regulations Governing Bingo DIVISION OF PROFESSIONAL REGULATION 3800 COMMITTEE ON DIETETICS/NUTRITION Statutory Authority: 24 Delaware Code, Section 3805 (a) 24 DE Admin. Code 3800 3800 State Board of Dietetics/Nutrition PUBLIC SERVICE COMMISSION Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. §209(a)) 8000 Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program 4.0Informal Disposition of [Actual or] Potential Violation When an evaluation of an Operator's records or Regulated Facilities indicate that the Operator is or may be violating these Regulations, Staff shall provide the Operator with prompt notice of the potential violation, at which point Staff may informally discuss the potential violation with the Operator. Any documentation or physical evidence necessary to support an allegation of non-compliance may be obtained during the inspection. Timely corrective action may be taken by the Operator of the facilities where a potential violation exists, thus correcting the potential violation without further action. DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION SOLUTIONS Statutory Authority: 17 Delaware Code, Sections 134 and 141; 21 Delaware Code, Chapter 41 (17 Del.C. §§134, 141 and 21 Del.C. Ch. 41) 2 DE Admin. Code 2402 Revisions to the Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9 DEPARTMENT OF EDUCATION PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b) The Professional Standards Board’s Ethical Guideline for Delaware Educators DEPARTMENT OF FINANCE DIVISION OF REVENUE Statutory Authority: 30 Delaware Code, Section 354 (30 Del.C. §354) Technical Information Memorandum 2009- 01 DELAWARE SOLID WASTE AUTHORITY 501 Regulations of the Delaware Solid Waste Authority HARNESS RACING COMMISSION THOROUGHBRED RACING COMMISSION 1001 Thoroughbred Racing Rules and Regulations DEPARTMENT OF EDUCATION DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Diamond State Health Plan 1115 Demonstration Waiver DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Medicaid for Workers with Disabilities DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Reimbursement Methodology for Inpatient Hospital Services DIVISION OF SOCIAL SERVICES DSSM 2001.1 Redetermination: Eligibility Review Periods DIVISION OF SOCIAL SERVICES DSSM 4002 Resources DEPARTMENT OF JUSTICE DIVISION OF SECURITIES James B. Ropp Securities Commissioner Department of Justice State Office Building, 5th Floor 820 N. French Street Wilmington, DE 19801 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT 1142 Specific Emission Control Requirements DIVISION OF FISH AND WILDLIFE Regulation No. 3512, Winter Flounder Size Limit; Possession Limit; Seasons DIVISION OF FISH AND WILDLIFE DEPARTMENT OF SAFETY AND HOMELAND SECURITY DIVISION OF STATE POLICE 2400 Board of Examiners of Constables DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 3600 Board of Registration of Geologists PUBLIC SERVICE COMMISSION DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES Rules and Regulations Pertaining to the Regulation of Public Carriers