ORDER NATURE OF THE PROCEEDINGS At 24 DE Reg. 963 (May 1, 2021), the Delaware Criminal Justice Information System Board of Managers (DELJIS Board of Managers), pursuant to 11 Del. C. §8605, and in accordance with 29 Del. C. §10115, published notice of intent to adopt regulations that seek to ensure that access to criminal justice information conforms to the statutory requirements outlined in Chapters 85 and 86 of Title 11 of the Delaware Code. At the same time, the DELJIS Board of Managers submitted a Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation, as required by 29 Del. C. Ch. 104. The DELJIS Board of Managers solicited written comments from the public for thirty (30) days as mandated by 29 Del. C. §10118(a). SUMMARY OF EVIDENCE In accordance with law, public notice regarding the proposed revised regulation was published in the Delaware Register of Regulations. The public comment period was open from May 1, 2021 through June 01, 2021. During this period, the DELJIS Board of Managers did not receive any written responses. FINDINGS OF FACT The public was given the required notice of the DELJIS Board of Managers' intention to adopt the proposed revised regulation and was given the opportunity to submit comments. The required Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation was submitted. No written responses were received during the comment period. Thus, the DELJIS Board of Managers finds that the proposed revised regulations should be adopted as submitted by DELJIS. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the DELJIS Board of Managers pursuant to 11 Del. C. §8605. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. ORDER NOW THEREFORE, under the statutory authority and for the reasons set forth above, the DELJIS Board of Managers does hereby ORDER this 15th day of August 2021 that the regulations be, and that they hereby are, adopted to be enacted as set forth below. IT IS SO ORDERED, this 15th day of August 2021. Delaware Criminal Justice Information System Board of Managers /s/ Marianne Kennedy, Chair, DELJIS Board of Managers /s/ Robert Coupe, Department of Justice /s/ Jeffrey Horvath, Chief, Police Chief’s Council /s/ Jason Clarke, Secretary Department of Technology and Information /s/ Elmer Setting Deputy State Court Administrator /s/ Chris McGonigle, Office of Defense Services /s/ Michelle Hoffman, Family Court /s/ Lt. James Leonard, New Castle County Police Department /s/ Carrie Hyla, DSCYF, Division of Management Support Services *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). ORDER 2003 State Judiciary Pension Plan 2004 State Police Pension Plan 2005 County and Municipal Employees’ Pension Plan 2006 County and Municipal Police/Firefighter Pension Plan The Delaware Board of Pension Trustees, pursuant to its authority in 29 Del.C. §8308(c)(1), published proposed changes in the Delaware Register of Regulations on June 1, 2021 to the regulations of the following retirement plans: 2002 State Employees' Pension Plan; 2003 State Judiciary Pension Plan; 2004 State Police Pension Plan; 2006 County and Municipal/Firefighter Pension Plan; and 2005 County and Municipal Employees' Pension Plan (the "Proposed Regulations"). The comment period remained open until June 31, 2021. Public notice of the proposed changes to Proposed Regulations in the Register of Regulations was in conformity with Delaware law. Each set of regulations pertains to a public pension plan within the Delaware Public Employees' Pension ("DPERS"). Collectively, the proposed changes to these regulations included many non-substantive changes, some to alter style and form and to correct technical and spelling errors, and other changes. The changes to each set of regulations include updates to language to reorganize sections for the purposes of clarity, consistent with actual practice, and with deletions of obsolete provisions; a definition of "Pension Administrator" consistent with current practice; clarifications to the requirements for establishing a child with a permanent disability, consistent with current practice; deletion of references to the Medical Committee, which is obsolete, and updated the return-towork post retirement requirements consistent with the IRC and the State Employees' Pension Plan as set forth in 29 Del. C. Ch. 55. Sections relating to the Distribution of Benefits, Direct Rollover and Trustee to Trustee Transfers, Maximum Benefit Limits and Minimum Contribution Limits, and Military Service were renumbered and updated to adopt current IRC approved language. Additionally, regulations for the Delaware public safety plans (2004 State Police Pension Plan and 2006 County and Municipal/Firefighter Pension Plan) clarify disability standards and add a section concerning posttraumatic stress syndrome which is consistent with federal law and current practice. Summary of the Evidence and Information Submitted No comments were submitted by the public. Findings of Fact After discussion, the Board concluded that the regulations should be adopted as proposed. Decision and Effective Date The Board voted to approve the regulations as proposed. THESE REGULATIONS SHALL BECOME EFFECTIVE OCTOBER 1, 2021. IT IS SO ORDERED this 30th day of July, 2021. /s/ Suzanne B. Grant, Board Chair /s/ Arturo Agra, Member /s/ Nancy Shevock, Member Tom Shaw, Member (no signature) /s/ Harold Stafford, Member /s/ Cerron Cade, Director, Office of Management and Budget, Member ex officio /s/ Rick Geisenberger, Secretary of Finance, Member ex officio /s/ Joanna Adams Secretary and Pension Administrator, Delaware Office of Pensions *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). NOTICE The State of Delaware, Department of Agriculture's Standardbred Breeders' Fund (the "Fund") hereby gives notice of its adoption of an amended regulation pursuant to the General Assembly's delegation of authority at 29 Del.C. §4815(b)(4)b.2. The amended regulations under Sections 15.5 and 15.6 address the increased appropriation to the Fund's purse and bonus account in accordance with the changes to Section 4815(b) of Title 29 of the Delaware Code as provided under Senate Bill 29 signed into law by the Governor and taking effect July 1, 2021. The Fund is adopting the regulations pursuant to the informal process under 29 Del. C. §10113(b)(5) for amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations. Delaware Standardbred Breeders’ Fund By: Judy Davis-Wilson, Administrator 502 Standardbred Breeders’ Fund Regulations (Break in Continuity of Sections) (Break in Continuity Within Section) *Please Note: As the rest of the sections were not amended, they are not being published. A copy of the regulation is available at: 502 Delaware Standardbred Breeders’ Fund Regulations REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Pursuant to 14 Del. C. §122(b)(3), the Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas. This regulation is being amended to clarify and update the process for requesting a duplicate Delaware High School diploma or Diploma of Alternate Achievement Standards. It is also being updated to include reference to students who may be experiencing homelessness. Notice of the proposed regulation was published in the Delaware Register of Regulations on June 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on June 1, 2021, in the form hereto attached as Exhibit "A". No comments were received. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas in order to clarify and update the process for requesting a duplicate Delaware High School diploma or Diploma of Alternate Achievement Standards. It is also being updated to include reference to students who may be experiencing homelessness. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on July 15, 2021. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 15th day of July 2021. Department of Education Susan S. Bunting, Ed.D., Secretary of Education Approved this 15th day of July 2021 State Board of Education Whitney Townsend Sweeney, President (Absent) /s/ Vincent Lofink /s/ Wali W. Rushdan, II, Vice President /s/ Audrey J. Noble, Ph.D. /s/ Shawn Brittingham /s/ Provey Powell, Jr. Candace Fifer (Absent) *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Pursuant to 14 Del. C. §122 (a), the Secretary of Education intends to amend 14 DE Admin. Code 701 Unit Count. The Department has reviewed the regulation in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years. The proposed amendments are made to align language in this regulation with language in Regulation 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs related to a child with a disability who is determined eligible for special education and related services. Other changes are grammatical in nature and are made to ensure compliance with the Delaware Administrative Code Drafting and Style Manual. Notice of the proposed regulation was published in the Delaware Register of Regulations on July 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on July 1, 2021, in the form hereto attached as Exhibit "A". No comments were received. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 701 Unit Count in order to comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years. The proposed amendments are made to align language in this regulation with language in Regulation 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs related to a child with a disability who is determined eligible for special education and related services. Other changes are grammatical in nature and are made to ensure compliance with the Delaware Administrative Code Drafting and Style Manual. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 701 Unit Count. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 701 Unit Count attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 701 Unit Count hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 701 Unit Count amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 701 Unit Count in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on August 12, 2021. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 12th day of August 2021. Department of Education Susan S. Bunting, Ed.D., Secretary of Education Approved this 12th day of August 2021 701 Unit Count 4.1.1.1 Students enrolled in DAPI shall be counted in the enrollment of the sending school. 4.1.1.2 Students shall receive the level of special education service as defined by the current IEP. 4.1.1.3 If a student was enrolled the previous year in a Career Technical Program in the reporting school, the students shall be reported as enrolled in the next career technical course in the program series. 4.1.4.1 Students receiving supportive instruction (homebound) pursuant to 14 DE Admin. Code 930 qualify for inclusion in the unit count. 4.1.4.1 4.1.4.2A child with a disability receiving supportive instruction (homebound) shall be included in the unit count as a special education student if, in the child's placement immediately preceding the homebound placement, the child had an IEP in effect during the last week of school in September. 4.1.6.1 Students enrolled at a Consortium Discipline Alternative Programs site shall be counted in the enrollment of the sending school pursuant to 14 DE Admin. Code 611. 4.1.6.2 Students shall receive the level of special education service as defined by the current IEP. 4.1.6.3 If a student was enrolled in the previous year in a Career Technical Program in the reporting school, the students shall be reported as enrolled in the next career technical course in the program series. Fall and Spring Career Technical= 300 minutes per week Spring and Fall Career Technical= 1500 minutes per week 1800 /2 = 900 minutes per week Funding for charter schools is limited to students lawfully enrolled in such grades K through 12 as the charter school may be approved to operate. Charter schools shall not include any Pre K Pre-K students in their enrollment for unit count purposes. This section shall not be interpreted to authorize any charter school to enroll Pre K Pre-K students. If, after the units are certified by the Secretary of Education, a student is disqualified through the auditing process from the unit count, the units will be recalculated without that student. Another eligible student shall not be substituted for the disqualified student. A special education student who has been identified and is receiving special education services and is disqualified from the unit count due to irregularities contained within supporting documentation, may then be included in the appropriate regular enrollment category provided the student meets eligibility requirements. Only a student disqualified by the audit process may be reassigned to another unit category. In no event can this adjustment result in a net increase in units for a district. ORDER BEFORE DELAWARE HEALTH AND SOCIAL SERVICES IN THE MATTER OF REVISION OF THE REGULATION | OF DELAWARE’S | DELAWARE SOCIAL SERVICES MANUAL (DSSM) | DSSM 11004.1, 11004.8 | NATURE OF THE PROCEEDINGS: In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of 31 Del. C. 512, Delaware Health and Social Services ("Department") / Division of Social Services (DHSS/DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public. The Department published its notice of proposed regulation changes pursuant to 29 Del. C. § 10115 in the June 2021 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by July 1, 2021 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSAL Effective for services provided on and after September 11, 2021 the Delaware Health and Social Services (DHSS)/ Division of Social Services (DSS) proposes to amend the DSSM regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public. Statutory Authority • 45 CFR 98.20 • 31 Del. C. § 503(e) • 31 Del. C. § 508 • 31 Del. C. § 512(1) Background DSSM 11004.1 Processing Applications for Child Care explains the requirements for parents and caretakers to apply for child care assistance, including application methods and verification requirements. DSSM 11004.8 Defining Presumptive Child Care Services explains that parents and caretakers may be eligible for presumptive child care services for a one- or two-month period when the parent or caretaker has an immediate need for child care but has not submitted all mandatory verifications to DSS. These policies also detail application processing procedures for DSS staff. Purpose The purpose of DSS amended DSSM 11004.1 and 11004.8 is to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public. DSS added examples of when child care is guaranteed, application methods, and types of verifications to DSSM 11004.1. Public Notice In accordance with the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, DHSS/DSS gives public notice and provides an open comment period for 30 days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments were to have been received by 4:30 p.m. on July 1, 2021. Fiscal Impact Statement DSS amended these regulations to provide clear and accurate directions on application processing for child care. These regulations are currently in place and there are no new financial responsibilities associated with the amendments. Summary of Comments Received with Agency Response and Explanation of Changes The following summarized comments were received: Comment: One commenter indicated the list of situations in which DSS will provide child care assistance for eligible children does not mention cases in which parents or caretakers are attending an educational program. The commenter suggested DSS add this eligibility criteria to the list. Agency Response: DSS is adding educational programs to the list in DSSM 11004.1 (1). Comment: One commenter noted the revised regulations state that parents/caretakers may apply for child care in various ways, including by emailing a completed application to the local DSS office. The commenter suggested these email addresses be publicly available. In addition, other information that should be publicly available include the various forms that parents/caretakers may have to complete for their child care applications. Agency Response: DSS informs families during intake, redetermination, and contact during the eligibility period of the various ways of returning documentation and at that time, an email address will be provided to the family. DSS provides forms to clients when they are required for eligibility determination. Comment: One commenter noted DSSM 11004.8, Defining Presumptive Child Care Services states that child care will be approved for only the current month if a case is "pending verifications prior to adverse action," and approved for the current month and next month if a case is "pending verifications after adverse action." The commenter recommended clarifying what "adverse action" means in this context. The recommendation included a crossreference in this section to DSSM 11003.7.2, Determining Child Care for Homeless Families. Homeless families are eligible to receive presumptive child care services for 90 days even if they lack documentation when they apply. Agency Response: DSS is revising DSSM 11004.8 based on the comments. Comment: One commenter indicated the proposed regulation DSSM 11004.8.3 states that if parents and caretakers were denied presumptive child care in their previous eligibility determination, they are not eligible for presumptive child care. The commenter requested clarification on the rationale for this rule and why a previous denial should affect a current eligibility determination. Agency Response: Families are authorized for presumptive child care when required verification is pending. Families are given a specific period of time in which to provide missing verification. If the missing verification is not submitted to DSS by the deadline, the child care case is closed. If the family continues to have a need, the family is required to verify eligibility information prior to receiving child care services. DSS is pleased to provide the opportunity to receive public comments and greatly appreciates the thoughtful input given by: • Community Legal Aid Society, Inc. FINDINGS OF FACT: The Department finds the proposed changes as set forth in the June 2021 Register of Regulations should be adopted with additions. The Department finds that the proposed does not require further public notice or comment under the APA because the amendments are non-substantive pursuant to 29 Del.C. §10118(c). THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public, is adopted and shall be final effective September 11, 2021. 8/13/2021 Date of Signature POLICY AMENDMENT Delaware Health and Social Services Division of Social Services Policy and Program Development Unit 11004.1 Application Process Processing Applications for Child Care This policy applies to parents and caretakers who submit an application for child care assistance. 1. DSS will provide child care assistance for eligible children when a parent or caretaker: • Participates in a TANF or Food Benefit Employment and Training (E&T) program; • Participates in the TANF Transitional Work Program (TWP); • [Attends a DSS-approved educational program or job training program;] • Is employed or accepts an offer of employment; • Receives protective services from the Division of Family Services (DFS); or • Verifies a special need. 2. A parent or caretaker may apply for child care: • In person at any DSS location; • Over the phone with a DSS case worker; • By mailing, faxing, or emailing a completed application to the local DSS office; or • Online through Delaware ASSIST or other online application methods. 3. DSS will interview the applicant and process the signed child care application within two business days. The [application] filing date will be the effective begin date for assistance. 4. A parent or caretaker must verify household income and the need for child care during the application process. A. A parent or caretaker must verify the last 30 days of earned and unearned income received prior to the date of application for DSS to determine financial eligibility. i. Earned income may be verified by: a. Wage stubs; b. A signed employer statement on employer letterhead noting the employee’s name, start date, work schedule, earnings, and frequency of pay; c. Verification of Employment (Form 170); or d. A data match confirming employment and income. ii. Unearned income may be verified by: a. Award letters; b. Pension statements; c. Court order documentation; d. Other forms of documentation from sources verifying the gross unearned income amount; or e. A data match confirming unearned income. B. A parent or caretaker must verify their need for child care by providing: i. Wage verification or an offer of employment that includes the amount of work hours; ii. A schedule, proof of registration, or statement from an authorized education program verifying the start date, days and hours of attendance, and expected completion date; iii. A schedule, proof of registration, or statement from an authorized training program verifying the start date, days and hours of attendance, and expected completion date; iv. A DFS referral for protective care; or v. Child Care Medical Certification Form (Form 611) or written documentation completed by a physician or medical professional that verifies a special need and the required care. C. Presumptive child care may open when a parent or caretaker reports income and a need for child care but has not provided all mandatory verifications in accordance with DSSM 11004.8. 5. A parent or caretaker must provide all mandatory verifications, complete an intake interview, and make a provider selection within 30 days from the application date for child care to become effective on the application filing date. A. If information is returned after 30 days of the application date, but before 60 days, child care will begin on the date verifications are received. B. If information is not returned before 60 days from the application date, the parent or caretaker must reapply for child care. 6. DSS must inform parents and caretakers of their: • Eligibility determination; • Monthly parent copayment amount; and • Rights and responsibilities for the Child Care Subsidy Program. 7. DSS must give parents and caretakers a Subsidized Child Care Client Agreement (Form 626) when child care approval cannot be generated from the eligibility system. POLICY AMENDMENT Delaware Health and Social Services Division of Social Services Policy and Program Development Unit 11004.8 Defining Presumptive Child Care Services [Statutory Authority] • Received child care assistance in the previous month; • Were open in presumptive child care in their previous eligibility determination; or • Were denied for presumptive child care in their previous eligibility determination. FINAL ORDER Regulation 1409, entitled Insurance Coverage for Telemedicine and Telehealth, sets forth requirements for insurance coverage for the delivery of healthcare using telemedicine and telehealth. On March 12, 2020, Delaware's Governor issued a Declaration of a State of Emergency for the State of Delaware (the Declaration) due to a public health threat as a result of the COVID-19 pandemic. Thereafter, the Declaration was amended through a series of modifications and a Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (the Joint Order), which, in total, eased restrictions on who may provide medical services through telehealth, who may receive those services and under what circumstances, and how those services were to be paid. On July 17, 2020, the Governor signed House Substitute 1 for House Bill 348 as modified by House Amendment 1 (150th General Assembly) (the Act). The Act, which expired on July 1, 2021, promulgated the telemedicine-related requirements in the Declaration as further modified in the Joint Order. The Act included revisions to sections 3370 and 3571R of the Delaware Insurance Code. On June 23, 2021, the Governor signed House Bill 160 as amended by House Amendment 1 (151st General Assembly), known as the Telehealth Access Preservation and Modernization Act of 2021 (TAPM 21). TAPM21 generally makes permanent the telehealth flexibilities put in place under the Act. TAPM 21 became effective on July 1, 2021. With this order, the Department is updating Regulation 1409 to conform the regulation with TAPM21, including updating definitions and removing the July 1, 2021 expiration date. These updates are exempt from the requirement of public notice and comment because they include "amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations," pursuant to 29 Del.C. § 10113(b)(5). This order shall be effective 10 days after publication in the Register of Regulations. This 19 day of July, 2021 Trinidad Navarro Commissioner, Delaware Department of Insurance 1409 Insurance Coverage for Telemedicine and Telehealth This regulation is adopted by the Commissioner pursuant to the authority granted by 18 Del.C. §§311, 3370 and 3571R and is promulgated in accordance with 29 Del.C. Chapter 101. Each insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; each health service corporation providing individual or group accident and sickness subscription contracts; and each managed care organization and health maintenance organization providing a health care plan for health care services shall comply with the provisions of 18 Del.C. §§3370 and 3571R, and this regulation. If any provision of this regulation or the application of any such provision to any person or circumstance shall be held invalid, the remainder of such provisions, and the application of such provision to any person or circumstance other than those as to which it is held invalid, shall not be affected. This regulation became effective on February 11, 2016, ten (10) days after being published as a final regulation. The amendments to the regulation shall become regulation, effective November 11, 2020, and shall expire 2020 (the 2020 amendments) on July 1, 2021, unless extended by order of the Commissioner. The expiration date of the 2020 amendments was removed by operation of the Telehealth Access Preservation and Modernization Act of 2021, HB 160/HA1 (151st Gen. Assembly) and by order of the Commissioner dated July 19, 2021. FINAL ORDER I. NATURE OF PROCEEDINGS Pursuant to its authority under 29 Del. C. § 8503(7), 19 Del. C. § 105(a)(8) and 19 Del. C. § 3503(f) the State of Delaware, Department of Labor's Division of Industrial Affairs (herein "the Division") proposed to amend its regulations. The Division's purpose in proposing these amendments was to explicitly prohibit labor brokers from providing construction services. The proposed amendments also allow general contractors, construction managers, and subcontractors to engage other construction companies in the same line of work as the general contractor, construction manager, or subcontractor. Minor amendments and changes were also inserted regarding definitions. Notice of a public comment period of thirty (30) days on the Division's proposed amended regulations was published in the Delaware Register of Regulations for July 1, 2021 as well as in two Delaware newspapers of general circulation in accordance with 29 Del. C. § 10115. This is the Division's Decision and Order adopting the proposed amended regulations. II. PUBLIC COMMENTS The Division received no public comments in response to its notice of intention to adopt the proposed regulations apart from comments praising the Division's efforts. The Division did not receive written comments suggesting changes to the proposed regulations. III. FINDINGS AND CONCLUSIONS The public was given the required notice of the Division's intention to adopt the proposed amended regulations and was given ample opportunity to provide the Division with comments opposing the Division's plan. Thus, the Division concludes that its consideration of the proposed amended regulations was entirely within its prerogatives and statutory authority and, having received no comments opposed to adoption, is now free to adopt the proposed amended regulations. The final regulations are unchanged from the proposed regulations. IV. ORDER AND NOW this 12th day of August 2021, it is hereby ordered that: Karryl Hubbard, Secretary of Labor FINAL ORDER I. NATURE OF PROCEEDINGS Pursuant to its authority under 29 Del. C. § 8503(7), 19 Del. C. § 105(a)(8) and 19 Del. C. § 3603 the State of Delaware, Department of Labor's Division of Industrial Affairs (herein "the Division") proposed regulations. The Division's purpose in proposing these regulations is to provide guidance to entities seeking to register under the Delaware Contractor Registration Act. The proposed regulations will also provide guidance on enforcement procedures of the Delaware Department of Labor and outline the administrative process for entities found by the Department to in violation of the Delaware Contractor Registration Act. Notice of a public comment period of thirty (30) days on the Division's proposed regulations was published in the Delaware Register of Regulations for July 1, 2021 as well as in two Delaware newspapers of general circulation in accordance with 29 Del. C. § 10115. This is the Division's Decision and Order adopting the proposed regulations. II. PUBLIC COMMENTS The Division received public comments in response to its notice of intention to adopt the proposed regulations apart from comments praising the Division's efforts. The Division received written comments suggesting changes to the proposed regulations. III. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Notice of the proposed regulation was published in the Register of Regulations on July 1, 2021. In addition, notice of the proposed regulation was published in The News Journal on July 3, 2021 and Delaware State News on July 5, 2021. The Division received one public comment at the public hearing on July 26, 2021. In addition, the Division received nine written submittals regarding the proposed regulation. Most of the evidence and information received was repetitive in nature from the comments received by the Department. Some of the comments concerned the authority that has been granted to the Secretary of Labor in denying, suspending and or revoking a Certificate of Registration. Also, there was concerns about the Department requiring contractors to submit surety bonds while under investigation. In addition, there were questions regarding the ability for a contractor seek judicial review in a higher court prior to having their certificate suspended or revoked by the Secretary of Labor. The Division also received a public comment that the Regulations match the expectations and core principles that were discussed and wish to adopt the Regulations as written with no changes. IV. FINDINGS AND CONCLUSIONS The Division reviewed and considered the written submittals in addition to the public comment provided during the public hearing. The Division clarified language by adding subsection 13.3 in response to the comments seeking clarification on the judicial review process. In accordance with 29 Del. C. § 10118(c), the Division determined the addition of subsection 13.3 are not substantive, and as a result, is not required to repropose the changes. Accordingly, the Division finds that it is appropriate to adopt the proposed regulation, 19 DE Admin. Code 1329, pursuant to 19 Del.C. §§105(a)(8) & §3603 and 29 Del.C. §8503(7). The text of 19 DE Admin. Code 1329 shall be in the form attached hereto as Exhibit A and said regulation shall be cited as 19 DE Admin. Code 1329 Contractor Registration Act in the Administrative Code of Regulations for the Division. V. ORDER AND NOW this 16th day of August 2021, it is hereby ordered that: Karryl Hubbard, Secretary of Labor 1329 Delaware Contractor Registration Act Regulations (Break in Continuity of Sections) (Break in Continuity Within Section) *Please note that no additional changes were made to the regulation as originally proposed and published in the July 2021 issue of the Register at page 62 (25 DE Reg. 62). Therefore, the final regulation is not being republished here in its entirety. A copy of the final regulation is available at: 1329 Delaware Contractor Registration Act Regulations Secretary’s Order No.: 2021-F-0018 RE: Approving Final Regulation, pursuant to 7 Del. C. §903(e)(2)a.1, to Amend 7 DE Admin. Code 3541: Atlantic Sharks Date of Issuance: July 21, 2021 Effective Date of the Amendment: 48 hours following publication of this Secretary's Order and regulation on the Department's website Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC"), pursuant to 7 Del. C. §903(e)(2)a.1 and all other relevant statutory authority, the following findings of fact based on the reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory amendment. Notwithstanding 29 Del.C. Ch. 101 (which sets forth the standardized procedures whereby a state agency shall promulgate regulations), the Department also has the statutory authority under 7 Del. C. §903(e)(2)a.1 to promulgate certain regulations in order to adopt a specified management measure for finfish, subject to 7 Del.C. Ch. 9, Finfishing in Tidal Waters, by the issuance of a Secretary's Order. The Department is allowed to follow this abbreviated regulatory promulgation process only in instances where the management measures are specified by, and ensures compliance or maintains consistency with, a fisheries management plan or rule established by the Atlantic States Marine Fisheries Commission, the Atlantic Coastal Fisheries Cooperative Management Act, the Mid-Atlantic Fishery Management Council, or the National Marine Fisheries Service. Whenever the Department promulgates a regulation pursuant to 7 Del. C. §903(e)(2)a.1, it shall also (1) publish on its website a public notice with a copy of the Secretary's Order and final regulation that implements the specific management measure; and (2) file the Secretary's Order and regulation that implements the specified management measure in the next available issue of the Delaware Register of Regulations. The final regulation becomes effective 48 hours after the Department has published the aforementioned public notice on its website, as mandated by 7 Del. C. §903(e)(2)a.2. Background, Procedural History and Findings of Fact This order amends 7 DE Admin. Code 3541: Atlantic Sharks to reduce fishing mortality on Shortfin Mako Shark by adopting mandatory management measures approved by the Atlantic States Marine Fisheries Commission's ("ASMFC") Coastal Sharks Management Board to remain compliant with the Interstate Fishery Management Plan for Atlantic Coastal Sharks. Specifically, this order adopts new minimum recreational fishing size limits for Shortfin Mako Shark and restricts the type of fishing hook that can be used when recreationally fishing for most Atlantic shark species. The 2017 International Commission for the Conservation of Atlantic Tunas ("ICCAT") stock assessment determined that North Atlantic Shortfin Mako Shark were overfished, and overfishing is occurring. In response and consistent with the ICCAT binding Recommendation 17-08 and the Magnuson-Stevens Fishery Conservation and Management Act, the National Marine Fisheries Service amended the 2006 Consolidated Atlantic Highly Migratory Species Fisheries Management Plan and adopted a final rule for Shortfin Mako Shark to reduce fishing mortality and establish a foundation for rebuilding the Shortfin Mako Shark population. Among the specific management measures included in the final federal rule are a required 71-inch (fork length) recreational minimum size limit for male Shortfin Mako Shark and an 83-inch (fork length) recreational minimum size limit for female Shortfin Mako Shark. The final federal rule also requires the use of non-offset, corrodible circle hooks when fishing for most Atlantic sharks, except when fishing with flies or artificial lures. The ASMFC's Coastal Sharks Board, in accordance with Addendum V to the Interstate Fishery Management Plan for Atlantic Coastal Sharks adopted these specific, non-optional, management measures for state waters to provide consistency with federal measures as part of ongoing efforts to rebuild the North Atlantic Shortfin Mako Shark stock. The ASMFC Coastal Shark Board further limited hook use to non-stainless-steel circle hooks when fishing for most Atlantic shark species recreationally. The Department has the statutory basis and legal authority to act with regard to promulgation of the proposed amendments to 7 DE Admin. Code 3541: Atlantic Sharks, pursuant to 7 Del. C. §§901 (c & d) and 903(e)(2)a.1. The specific management measures are required by the ASMFC Addendum V to the Interstate Fishery Management Plan for Atlantic Coastal Sharks and are consistent with federal management measures in Amendment 11 to the 2006 Consolidated Atlantic Highly Migratory Species Fisheries Management Plan and the associated final federal rules (50 CFR 635). ORDER In accordance with 7 Del. C. §903(e)(2)a.1, it is hereby ordered, this 21st day of July, 2021 that the above referenced amendments to 7 DE Admin. Code 3541: Atlantic Sharks, a copy of which is hereby attached, are supported by the evidence contained herein and are hereby adopted. The above referenced amendment shall take effect 48 hours following publication of this Secretary's Order and regulation on the Department's website in accordance with 7 Del. C. §903(e)(2)a.2. Shawn M. Garvin, Secretary Nurse shark, Ginglymostoma cirratum Blacktip shark, Carcharhinus limbatus Bull shark, Carcharhinus leucas Lemon shark, Neqaprion brevirostris Silky shark, Carcharhinus falciformis Spinner shark, Carcharhinus brevipinna Tiger shark, Galeocerdo cuvieri Great hammerhead, Sphyrna mokarran Scalloped hammerhead, Sphyrna lewini Smooth hammerhead, Sphyrna zygaena Porbeagle shark, Lamna nasus Shortfin mako, Isurus oxyrinchus Blue shark, Prionace qlauca Oceanic whitetip shark, Carcharhinus longimanus Common thresher shark, Alopias vulpinus Basking shark, Cetorhinidae maximus White shark, Carcharodon carcharias Bigeye sand tiger, Odontaspis noronhai Sand tiger, Odontaspis taurus Whale shark, Rhincodon typus Bignose shark, Carcharhinus altimus Caribbean reef shark, Carcharhinus perezi Dusky shark, Carcharhinus obscurus Galapagos shark, Carcharhinus galapaqensis Narrowtooth shark, Carcharhinus brachyurus Night shark, Carcharhinus siqnatus Atlantic angel shark, Squatina dumerili Caribbean sharpnose shark, Rhizoprionodon porosus Smalltail shark, Carcharhinus porosus Bigeye sixgill shark, Hexanchus vitulus Sevengill shark, Heptranchias perlo Sixgill shark, Hexanchus griseus Longfin mako, Isurus paucus Bigeye thresher, Alopias superciliosus Bonnethead, Sphyrna tiburo Atlantic sharpnose shark, Rhizoprionodon terraenovae Finetooth shark, Carcharhinus isodon Smooth dogfish, Mustelus canis Florida smoothhound, Mustelus norrisi Secretary’s Order No: 2021-F-0021 RE: Approving Final Amendments to 7 DE Admin. Code 3542-Tilefish Date of Issuance: August 16, 2021 Effective Date: September 11, 2021 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006 and 6010, and all other relevant statutory authority, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding. Background, Procedural History and Findings of Fact This Order relates to 7 DE Admin. Code 3542-Tilefish (“Amendments”). The Department proposes revisions to the existing Tilefish regulations to implement changes to the recreational and commercial daily possession limits and establish a closed recreational season for Tilefish throughout Delaware state waters, thus making the Regulation identical to the Mid-Atlantic Marine Fisheries Council’s (“MAFMC”) federal water regulation for Tilefish. This action is being taken by the Department to provide consistency between the State of Delaware and federal waterlines. In 2016, Delaware implemented Tilefish Regulations for Golden and Blueline Tilefish that limits recreational landing to a total of seven Tilefish between the two types of fish and both have a no closed season. The recreational possession limits established by Delaware are less stringent than the new federal regulations for Tilefish. In the years 2020 and 2021, the MAFMC adopted federal regulations that limit Tilefish recreational landings to: (1) eight Golden Tilefish, with no closed season; (2) three Blueline Tilefish per private vessel; (3) five Blueline Tilefish per United States Coast Guard uninspected for-hire vessel; (4) seven Blueline Tilefish per United States Coast Guard inspected for-hire vessel, and (5) a closed season for Blueline Tilefish from November 1 through April 30. The conflicting limits established by Delaware and MAFMC for Tilefish have proven to be confusing for anglers and could inadvertently lead to violations by anglers harvesting Tilefish between the waterlines. The Department proposes to amend the Regulation to be identical to that of the federal regulations for consistency purposes. The Amendments will increase the recreational landing limit for Tilefish as per the aforementioned limits established by MAFMC and increase the commercial daily landings limit for state waters, from 300 pounds to the federal waters limit of 500 pounds. The Department has the statutory basis and legal authority to act with regard to the formal promulgation of these Amendments, pursuant to 7 Del.C. §§901(b), (c), &(d); 903(a), (b) & (e)(2)a. The Department published its initial proposed regulation Amendments in the July 1, 2021, Delaware Register of Regulations. Thereafter, the public hearing regarding this matter was held on July 22, 2021. There were two (2) members of the public in attendance with no comments received by the Department for the formal promulgation. Pursuant to 29 Del.C. §10118(a), the hearing record (“Record”) remained open for receipt of additional written comment for 15 days following the public hearing. The Record formally closed on August 6, 2021. It should be noted that all notification and noticing requirements concerning this matter were met by the Department. Proper notice of the hearing was provided as required by law. Subsequent to the close of the Record, the Hearing Officer prepared the Hearing Officer’s Report dated August 9, 2021 (“Report”), which expressly incorporated the Department’s Amendments into the Record generated in this matter. The Report documents the proper completion of the required regulatory amendment process, establishes the Record, and recommends the adoption of the proposed Amendments as attached to the Report as Appendix “A.” Reasons and Conclusions Based on the Record developed by the Department’s experts in the Division of Fish and Wildlife, and established by the Hearing Officer’s Report, I find that the proposed regulatory Amendments to 7 DE Admin. Code 3542-Tilefish are well-supported. I further find that the Department’s experts fully developed the record to support adoption of these Amendments. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed Amendments be promulgated as final. The following reasons and conclusions are entered: Shawn M. Garvin Secretary 3542 Tilefish Secretary’s Order No: 2021-F-0022 RE: Approving Final Amendments to 7 DE Admin. Code 3550 - Cobia Date of Issuance: August 16, 2021 Effective Date: September 11, 2021 Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") pursuant to 7 Del.C. §§6006 and 6010, and all other relevant statutory authority, the following findings of fact based on the record, reasons and conclusions are entered as an Order of the Secretary in the above-referenced regulatory proceeding. Background, Procedural History and Findings of Fact This Order relates to 7 DE Admin. Code 3550 - Cobia ("Amendments"). The Department proposes revisions to the existing regulations to implement changes to Rachycentron canadum's ("Cobia") minimum size, vessel limit and open season throughout the State of Delaware. This action is being taken by the Department to maintain compliance with Addendum I to the Interstate Fishery Management Plan for Atlantic Migratory Group Cobia ("Cobia FMP") under the authority of the Atlantic Coastal Fisheries Cooperative Management Act ("ACFCMA") (16 USC §§5101, et seq.) that was adopted by the Atlantic States Marine Fisheries Commission ("ASMFC") in October 2020. The ASMFC adopted the Addendum I to the Cobia FMP to mandate changes to recreational de minimis measures. In May 2020, the Department adopted regulations to implement management measurements for Cobia. During that time, the Cobia FMP established the justification of de minimis status by recreational harvests, for states that have less than 1% of coastwide recreational landings by weight, within 2 of the most recent 3 years. As such, Delaware qualified for de minimis status under the Cobia FMP criteria and adopted management measures that were the same as the Commonwealth of Virginia (the closest neighboring State with non-de minimis status). The current Cobia regulations establish the commercial management measures at a minimum of 37 inches in total length, with a possession limit of two (2) fish per person and no greater than six (6) fish per vessel, and an open season of all year around. The Cobia recreational management measures are a minimum of 40 inches in total length, a possession limit of one (1) per person, no greater than three (3) per vessel, and an open season from June 1 - September 15. Addendum I to the Cobia FMP redefined the recreational de minimis measures. As previously stated, Delaware qualifies for de minimis status under the Cobia FMP and to remain in compliance with the Cobia FMP, the Department may adopt either of two management options described below. The Department considered the first option outlined in the Cobia FMP that reflects de minimis management measures to include recreational management measures of a minimum of 37 inches total length, a possession limit of one (1) fish per person, one (1) fish per vessel, and with open season all year ("Option 1"). The Department also considered a second option reflecting the management measures in place for Virginia, which is the nearest non-de minimis jurisdiction, with established management measures. The recreational management measures remain the same size limit as the May 2020 regulation, with a minimum of 40 inches in total length; however, only one (1) fish per vessel can measure more than fifty (50) inches, additionally a possession limit of one (1) per person and no greater than two (2) fish per vessel, and the open season is reduced by two weeks to June 15 - September 15 ("Option 2"). The commercial management measures for both options remain the same as the May 2020 regulation, as described above. The overall benefits of Option 1 include a broader season (with no closed season) than the current restricted season and allows for anglers to catch legal-sized Cobia with reducing the recreational minimum size by 3 inches. Option 1 has also been implemented by New Jersey, providing consistency, and ease of compliance and enforcement, of regulations with Delaware's neighboring de minimis state that share waters in Delaware Bay. The Department hereby adopts the Amendments with the implementation of Option 1 management measures. The Department believes that the implementation of the amended Cobia regulations will maintain social and economic benefits to the fishing communities involved, by ensuring a Cobia fishery for future generations. Moreover, the Department anticipates the proposed Amendments will not have any significant, measurable or predicable costs to the affected Delaware fisheries or their dependent businesses. The Department has the statutory basis and legal authority to act with regard to the formal promulgation of these proposed Amendments, pursuant to 7 Del.C. §§901, 903(a), (b) and (e). The Department published its initial proposed regulation Amendments in the July 1, 2021, Delaware Register of Regulations. Thereafter, the public hearing regarding this matter was held on July 22, 2021. There were two members of the public in attendance, however no public comment was given at that time. Pursuant to 29 Del.C. §10118(a), the hearing record ("Record") remained open for receipt of additional written comment for 15 days following the public hearing. The Record formally closed for comment in this matter at close of business on August 6, 2021, with two comments received by the Department for the formal promulgation. It should be noted that all notification and noticing requirements concerning this matter were met by the Department. Proper notice of the hearing was provided as required by law. Subsequent to the close of the Record, and at the request of presiding Hearing Officer Theresa Newman, the Department's Division of Fish and Wildlife staff prepared a Technical Response Memorandum ("TRM"). The TRM responds to the comments received by the Department in this matter and provides a thorough discussion with regard to the two possible options for Cobia management for Delaware at this time. Since both Option 1 and Option 2 have identical commercial management limits for this fishery, the Department focused more on the benefits of recreational limits in its deliberations concerning this matter. The Department's experts in the Division of Fish and Wildlife have concluded that Option 1 provides greater benefits than Option 2. The recreational management limits for Option 1 allow Delaware anglers to catch a legalsized Cobia and the comments received are in favor of the year-round open season. Moreover, Option 1 is consistent with Delaware's neighboring state, New Jersey. As Delaware and New Jersey share waters in Delaware Bay, the consistency of the same measurements between the shared waters is more beneficial as both states tend to cross water lines. For these reasons, the Department proposes that Option 1 be incorporated into the aforementioned Amendments. Following the receipt of the Department's TRM as noted above, the Hearing Officer prepared her Hearing Officer's Report dated August 9, 2021 ("Report"), which expressly incorporated both the Department's proposed Amendments and the TRM into the Record generated in this matter. The Report documents the proper completion of the required regulatory amendment process, establishes the Record, and recommends the adoption of the proposed Amendments as attached to the Report as Appendix "A." Reasons and Conclusions Based on the Record developed by the Department's experts in the Division of Fish and Wildlife, and established by the Hearing Officer's Report, I find that the proposed regulatory Amendments to 7 DE Admin. 3550 - Cobia, are well supported. I further find that the Department's experts fully developed the record to support adoption of these Amendments. Therefore, the recommendations of the Hearing Officer are hereby adopted, and I direct that the proposed Amendments be promulgated as final. The following reasons and conclusions are entered: 3550 Cobia (Rachycentron canadum) It is unlawful for a recreational fisherman to possess any Cobia that measures less than 40 37 inches in total length. It is unlawful for a commercial fisherman to possess, trade, barter or sell or attempt to trade, barter or sell any Cobia that measure less than 37 inches in total length. [OR It is unlawful for a recreational fisherman to possess any Cobia that measures less than 40 inches in total length. It is unlawful for a commercial fisherman to possess, trade, barter or sell or attempt to trade, barter or sell any Cobia that measure less than 37 inches in total length.] ORDER NATURE OF THE PROCEEDINGS At 24 DE Reg. 995 (May 1, 2021), the Sex Offender Management Board (SOMB), pursuant to 11 Del. C. §4120A (c)(8), and in accordance with 29 Del. C. §10115, published notice of intent to adopt regulations that seek to add an associate level service provider, add provisions for declared states of emergencies, as well as update and clarify information regarding qualifications for Sex Offense Service Providers and the credentialing process. At the same time, the SOMB submitted a Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation, as required by 29 Del. C. Ch. 104. The SOMB solicited written comments from the public for thirty (30) days as mandated by 29 Del. C. §10118(a). SUMMARY OF EVIDENCE In accordance with law, public notice regarding the proposed revised regulation was published in the Delaware Register of Regulations. The public comment period was open from May 1, 2021 through June 03, 2021. During this period, the SOMB did not receive any written responses. FINDINGS OF FACT The public was given the required notice of the SOMB's intention to adopt the proposed revised regulation and was given opportunity to submit comments. The required Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation was submitted. No written responses were received during the comment period. Thus, the SOMB finds that the proposed revised regulations should be adopted as submitted by the SOMB. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the SOMB pursuant to 11 Del. C. §4120A (c)(8). The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. ORDER NOW THEREFORE, under the statutory authority and for the reasons set forth above, the SOMB does hereby ORDER this 15th day of August 2021 that the regulations be, and that they hereby are, adopted to be enacted as set forth below. IT IS SO ORDERED, this 15th day of August 2021. Sex Offender Management Board /s/ Marvin Mailey, Chairman, SOMB /s/ Ashley Bruncsak, Youth Rehabilitation Services /s/ Nathaniel McQueen, Jr., Secretary Department of Safety and Homeland Security /s/ Robert Hudson Department of Safety and Homeland Security /s/ Melissa Zebley, Colonel Delaware State Police /s/ Michelle Twyman Department of Health and Social Services /s/ Lisa Minutola, Office of Defense Services /s/ Chuck Sawchenko, Lt., State Bureau of Identification /s/ Jeffrey Horvath, Chief Police Chief’s Council /s/ Samuel Dowling, Department of Corrections P&P /s/ Melanie Ewing-Lahutsky, Superior Court /s/ Francesca Stasko, Anew Mental Health /s/ Terra Taylor, Department of Corrections *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).