DELAWARE COUNCIL ON POLICE TRAINING................................................................. 13 DE Reg. 593(Prop.)

 13 DE Reg. 840(Final)

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.)

501 Regulations of the Delaware Solid Waste Authority................................................ 13 DE Reg. 326(Prop.)

502 Statewide Solid Waste Management Plan.............................................................. 13 DE Reg. 333(Prop.)

Proposed Recommendations for 2009........................................................................... 13 DE Reg. 7(Prop.)

 13 DE Reg. 629 (Final)

Delaware Standardbred Breeders’ Fund

502 Delaware Standardbred Breeder’s Fund Regulations, Sections 4.0,

9.0 & 14.0.......................................................................................................... 13 DE Reg. 496(Final)

304 Exotic Animal Regulations ............................................................................... 13 DE Reg. 8(Prop.)

 13 DE Reg. 559(Prop.)

 13 DE Reg. 926(Final)

501 Harness Racing Rules and Regulations........................................................... 13 DE Reg. 1064(Final)

501 Harness Racing, Rule 7.0 Rules of the Race................................................... 13 DE Reg. 17(Prop.)

 13 DE Reg. 841(Final)

501 Harness Racing Rules and Regulations, Sections 7.0 and 10.0 ..................... 13 DE Reg. 336(Prop.)

Section 10.0 Due Process & Disciplinary Action............................................... 13 DE Reg. 931(Final)

Rule 11.0, Entries, Subscriptions, Delegations........................................................ 13 DE Reg. 343(Prop.)

 13 DE Reg. 497(Final)

Rule 14.0 Running of the Race................................................................................ 13 DE Reg. 971(Prop.)

Rule 14.20 Toe Grabs.............................................................................................. 13 DE Reg. 6(Emer)

 13 DE Reg. 151(Emer)

103 Accountability for Schools, Districts and the State............................................ 13 DE Reg. 708(Prop.)

 13 DE Reg. 1065(Final)

106 Teacher Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 725(Prop.)

 13 DE Reg. 1067(Final)

106A Teacher Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 732(Prop.)

 13 DE Reg. 1068(Final)





108 Administrator Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 738(Prop.)

 13 DE Reg. 1071(Final)

108A Administrator Appraisal Process Delaware Performance Appraisal System

(DPAS II)........................................................................................................... 13 DE Reg. 745(Prop.)

 13 DE Reg. 1073(Final)

202 Freedom of Information Act (FOIA) Procedures............................................... 13 DE Reg. 252(Final)

251 Family Educational Rights and Privacy Act (FERPA)....................................... 13 DE Reg. 751(Prop.)

252 Required Educational Records and Transfer and Maintenance of

Educational Records......................................................................................... 13 DE Reg. 753(Prop.)

 13 DE Reg. 1075(Final)

260 General Administrative Review Procedures for the Child & Adult Care Food

Programs of the United States Department of Agriculture CACFP/USDA........ 13 DE Reg. 345(Prop.)

 13 DE Reg. 636(Final)

262 General Administrative Appeal Procedures for National School Lunch

Programs (NSLP), the School Breakfast Program (SBP) and the

After School Snack Program (ASSP) of the United States Department

of Agriculture (USDA) Fiscal Action............................................................ 13 DE Reg. 975(Prop.)

264 General Administrative Appeal Procedures for the Summer Food Service

Programs of the United States Department of Agriculture CACFP/USDA. 13 DE Reg. 977(Prop.)

401 Major Capital Improvement Programs.............................................................. 13 DE Reg. 980(Prop.)

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)

609 District and School-Based Intervention Services.............................................. 13 DE Reg. 570(Prop.)

 13 DE Reg. 986(Prop.)

612 Possession, Use or Distribution of Drugs and Alcohol..................................... 13 DE Reg. 882(Prop.)

705 Leave for Training Camp or Special Duty in the National Guard or the

Military Reserves of the United States ............................................................. 13 DE Reg. 348(Prop.)

 13 DE Reg. 637(Final)

706 Credit for Experience for Full Time Active Duty Service in the Armed Forces. 13 DE Reg. 349(Prop.)

 13 DE Reg. 639(Final)

712 Employee Leave............................................................................................... 13 DE Reg. 988(Prop.)

714 Professional Employee Work Stoppage or Strike............................................. 13 DE Reg. 756(Prop.)

 13 DE Reg. 1078(Final)

718 Health Examinations for Employees of School Districts, Charter Schools,

and Alternative Programs................................................................................. 13 DE Reg. 351(Prop.)

 13 DE Reg. 640(Final)

725 School Administrator Contracts and Agreements............................................. 13 DE Reg. 758(Prop.)

 13 DE Reg. 1080(Final)

735 Standardized Financial Reporting..................................................................... 13 DE Reg. 572(Prop.)

 13 DE Reg. 933(Final)

736 Local School District and Charter School Citizen Budget Oversight

Committees....................................................................................................... 13 DE Reg. 574(Prop.)

 13 DE Reg. 886(Prop.)

738 Financial Goals for Instruction and Instruction-related Expenditures............... 13 DE Reg. 759(Prop.)

 13 DE Reg. 1082(Final)

742 Compensation of School District and Charter School Personnel Under

Federal Projects................................................................................................ 13 DE Reg. 443(Prop.)

 13 DE Reg. 842(Final)

746 Criminal Background Check for Student Teaching...................................... 13 DE Reg. 445(Prop.)

 13 DE Reg. 843(Final)

805 The School Health Tuberculosis (TB) Control Program................................... 13 DE Reg. 890(Prop.)

851 K to 12 Comprehensive Health Education Program.................................... 13 DE Reg. 578(Prop.)

 13 DE Reg. 935(Final)

852 Child Nutrition .................................................................................................. 13 DE Reg. 353(Prop.)

1105 School Transportation..................................................................................... 13 DE Reg. 449(Prop.)

 13 DE Reg. 845(Final)





1507 Alternative Routes to Teacher Licensure and Certification Program.............. 13 DE Reg. 354(Prop.)

 13 DE Reg. 642(Final)

1511 Issuance and Renewal of Continuing License................................................ 13 DE Reg. 762(Prop.)

 13 DE Reg. 1084(Final)

1512 Issuance and Renewal of Advanced License................................................. 13 DE Reg. 359(Prop.)

 13 DE Reg. 647(Final)

1560 Art Teacher..................................................................................................... 13 DE Reg. 990(Prop.)

1563 Music Teacher................................................................................................. 13 DE Reg. 994(Prop.)

1564 Physical Education Teacher............................................................................ 13 DE Reg. 998(Prop.)

1590 Delaware Administrator Standards................................................................. 13 DE Reg. 362(Prop.)

 13 DE Reg. 650(Final)

460 Sports Lottery Rules and Regulations.............................................................. 13 DE Reg. 24(Prop.)

 13 DE Reg. 406(Final)

Division of Long Term Care Residents Protection

3101 Adult Abuse Registry...................................................................................... 13 DE Reg.1002(Prop.)

3105 Criminal History Record Checks and Drug Testing......................................... 13 DE Reg.1007(Prop.)

3110 Criminal History Checks And Drug Testing For Home Health Agencies......... 13 DE Reg.1009(Prop.)

3201 Skilled and Intermediate Care Nursing Facilities............................................ 13 DE Reg.1013(Prop.)

3220 Training and Qualifications for Nursing Assistants and Certified Nursing

Assistants.......................................................................................................... 13 DE Reg.1014(Prop.)

3225 Assisted Living Facilities................................................................................. 13 DE Reg.1018(Prop.)

1915(c) Home and Community-Based Services Waiver for the Elderly and 

Disabled ........................................................................................................... 13 DE Reg. 93(Final)

Diamond State Health Plan 1115 Demonstration Waiver ........................................ 13 DE Reg. 370(Prop.)

Diamond State Health Plan 1115 Demonstration Waiver ........................................ 13 DE Reg. 652(Final)

Title XIX Medicaid State Plan, Attachment 4.19-a, Page 3, Reimbursement

Methodology for Inpatient Hospital Services..................................................... 13 DE Reg. 373(Prop.)

 13 DE Reg. 656(Final)

Title XIX Medicaid State Plan, Attachment 4.19-b, Page 14, Reimbursement

Methodology for Medicaid Services ................................................................. 13 DE Reg. 375(Prop.)

 13 DE Reg. 658(Final)

Title XIX Reimbursement Methodology for Medicaid Services ............................... 13 DE Reg. 259(Final)

DSSM17900 Medicaid for Workers with Disabilities ............................................ 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17908 Unearned Income Exclusion............................................................ 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17911 Financial Eligibility Determination.................................................... 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

17912 Retroactive Eligibility........................................................................ 13 DE Reg. 371(Prop.)

 13 DE Reg. 654(Final)

20800 Determining Eligibility for the Acute Care Program......................... 13 DE Reg. 263(Final)

Division of Public Health

4454 Tanning Facilities Regulations........................................................................ 13 DE Reg.1029(Prop.)

DSSM1006.6 Civil Rights Program and Public Relations..................................... 13 DE Reg. 7(Prop.)

 13 DE Reg. 150(Err.)

 13 DE Reg. 407(Final)

2001.1 Redetermination: Eligibility Review Periods................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 661(Final)





3017 Other CMR Elements........................................................................ 13 DE Reg. 450(Prop.)

 13 DE Reg. 847(Final)

3033 Interim Assistance Reimbursement................................................... 13 DE Reg. 894(Prop.)

3034 General Assistance Time Limits........................................................ 13 DE Reg.1032(Prop.)

4002.2 Available Resources....................................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

4002.5 Excluded Resources....................................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

4002.6 Disposal of Real Property............................................................... 13 DE Reg. 378(Prop.)

 13 DE Reg. 663(Final)

4007.1 Standards of Need/Payment Standard - GA................................... 13 DE Reg.1032(Prop.)

9018.1 Work Registration Requirements; 9021 Failure to Comply;

9026 Voluntary Quit............................................................................. 13 DE Reg.1033(Prop.)

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)

9059 Income Exclusions............................................................................. 13 DE Reg. 580(Prop.)

 13 DE Reg. 937(Final)

9068 Food Supplement Program............................................................... 13 DE Reg. 779(Prop.)

 13 DE Reg. 1086(Final)

9085 Certification Periods Reporting Changes.......................................... 13 DE Reg. 779(Prop.)

 13 DE Reg. 1086(Final)

9094 Cooperation with the Division of Child Support Enforcement

(DCSE)................................................................................................. 13 DE Reg.1040(Prop.)

11000 Child Care Subsidy Program........................................................... 13 DE Reg. 782(Prop.)

 13 DE Reg. 1088(Final)

11003.2.1 TANF and Transitional Work Program Sanctions...................... 13 DE Reg.1048(Prop.)

11003.7.8 Special Needs Children............................................................. 13 DE Reg. 97(Final)

 13 DE Reg.1049(Prop.)

11006.4.1 Absent Day Policy...................................................................... 13 DE Reg. 100(Final)

11006.5.1 Terminating Providers................................................................ 13 DE Reg. 896(Prop.)

305 Actuarial Opinion and Memorandum Regulation.................................................... 13 DE Reg. 102(Final)

607 Defensive Driving Course Discount (Automobiles and Motorcycles) ..................... 13 DE Reg. 158(Prop.)

 13 DE Reg. 498(Final)

901 Arbitration of Automobile and Homeowners’ Insurance Claims.............................. 13 DE Reg. 583(Prop.)

1212 Valuation of Life Insurance Policies...................................................................... 13 DE Reg. 152(Emer)

 13 DE Reg. 409(Final)

1215 Recognition of Preferred Mortality Tables for use in Determining Minimum

Reserve Liabilities................................................................................................... 13 DE Reg. 153(Emer)

 13 DE Reg. 410(Final)

1305 Rate Filing Procedures for Health Insurers and Health Service Corporations

and Managed Care Organizations.......................................................................... 13 DE Reg. 587(Prop.)

 13 DE Reg. 939(Final)

1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health

Care Services.......................................................................................................... 13 DE Reg.1051(Prop.)

1501 Medicare Supplement Insurance Minimum Standards......................................... 13 DE Reg. 270(Final)

Part H Provisions Applicable to Broker-Dealers, Agents, Investment Advisers &

Investment Adviser Representatives § 800. Senior Specific Designations....... 13 DE Reg. 48(Prop.)

Rules and Regulations Pursuant to the Delaware Securities Act............................ 13 DE Reg. 381(Prop.)





Rules and Regulations Pursuant to the Delaware Securities Act............................ 13 DE Reg. 667(Final)

1101 Apprenticeship and Training Regulations....................................................... 13 DE Reg.1052(Prop.)

1326 Workplace Fraud Act Regulations.................................................................. 13 DE Reg.1053(Prop.)

1101 Definitions and Administrative Principles........................................................ 13 DE Reg. 411(Final)

1124 Control of Volatile Organic Compound Emissions, Sections 2.0, 12.0,

19.0, 20.0 and 22.0........................................................................................... 13 DE Reg. 788(Prop.)

1125 Requirements for Preconstruction Review, Section 3.0 Prevention of

Significant Deterioration of Air Quality.............................................................. 13 DE Reg. 789(Prop.)

1138 Emission Standards for Hazardous Air Pollutants for Source Categories, 

Section 10.0.................................................................................. ............ 13 DE Reg. 165(Prop.)

 13 DE Reg. 668(Final)

Section 14.0...................................................................................................... 13 DE Reg. 790(Prop.)

1141 Limiting Emissions of Volatile Organic Compounds from Consumer and

Commercial Products, Section 3.0 Portable Fuel Containers........................... 13 DE Reg. 792(Prop.)

1142 Specific Emission Control Requirements........................................................ 13 DE Reg. 382(Prop.)

 13 DE Reg. 670(Final)

1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation............................. 13 DE Reg. 499(Final)

1301 Regulations Governing Solid Waste, Sections 4.0, 6.0, 7.0 and 10.0............ 13 DE Reg. 185(Prop.)

 13 DE Reg. 1093(Final)

1302 Regulations Governing Hazardous Waste...................................................... 13 DE Reg. 452(Prop.)

 13 DE Reg. 852(Final)

1351 Delaware Regulations Governing Underground Storage Tank Systems 13 DE Reg. 796(Prop.)

3304 Creel Limits and Seasons............................................................................... 13 DE Reg. 813(Prop.)

3512 Winter Flounder Size Limit; Possession Limit; Seasons................................. 13 DE Reg. 386(Prop.)

 13 DE Reg. 672(Final)

3518 Black Drum Size Limit; Possession Limit; Landing Limit; Dealer Limit........... 13 DE Reg. 897(Prop.)

3521 Weakfish Size Limits; Possession Limits; Seasons........................................ 13 DE Reg. 899(Prop.)

3711 Conch Minimum Size Limits (Formerly S-48).................................................. 13 DE Reg. 387(Prop.)

 13 DE Reg. 675(Final)

3904 Seasons.......................................................................................................... 13 DE Reg. 458(Prop.)

 13 DE Reg. 941(Final)

5103 Delaware Dam Safety Regulations and Procedures..................................... 13 DE Reg. 854(Final)

5104 Delaware Coastal Management Program Federal Consistency Policies

and Procedures................................................................................................. 13 DE Reg. 461(Prop.)

 13 DE Reg. 943(Final)

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.)

 13 DE Reg. 502(Final)

2300 Pawn Brokers, Secondhand Dealers and Scrap Metal Processors................ 13 DE Reg. 462(Prop.)

 13 DE Reg. 856(Final)

2400 Board of Examiners of Constables................................................................. 13 DE Reg. 388(Prop.)

 13 DE Reg. 677(Final)





Uniform Controlled Substance Act Regulations................................................ 13 DE Reg. 281(Final)

1001 Assistance for the Development of the Arts Regulations............................... 13 DE Reg. 231(Prop.)

Delaware Gaming Control Board, 103 Regulations Governing Charitable

Gambling Other Than Raffles; 104 Regulations Governing Texas Hold

‘Em Poker......................................................................................................... 13 DE Reg.1058(Prop.)

100 Board of Accountancy...................................................................................... 13 DE Reg. 901(Prop.)

101 Regulations Governing Bingo........................................................................... 13 DE Reg. 49(Prop.)

 13 DE Reg. 412(Final)

 13 DE Reg. 599(Prop.)

 13 DE Reg. 901(Prop.)

102 Regulations Governing Raffles......................................................................... 13 DE Reg. 107(Final)

 13 DE Reg. 901(Prop.)

103 Regulations Governing Charitable Gambling Other Than Raffles ...... ........ 13 DE Reg. 107(Final)

 13 DE Reg. 599(Prop.)

 13 DE Reg. 901(Prop.)

104 Regulations Governing No Limit Texas Hold’em Poker ............................. 13 DE Reg. 49(Prop.)

 13 DE Reg. 107(Final)

 13 DE Reg. 412(Final)

 13 DE Reg. 599(Prop.)

1000 Board of Pilot Commissioners........................................................................ 13 DE Reg. 464(Prop.)

 13 DE Reg. 503(Final)

 13 DE Reg. 946(Final)

1700 Board of Medical Practice.............................................................................. 13 DE Reg. 236(Prop.)

 13 DE Reg. 284(Final)

 13 DE Reg. 680(Final)

1770 Respiratory Care Practice Advisory Council................................................... 13 DE Reg. 815(Prop.)

1790 Acupuncture Advisory Council....................................................................... 13 DE Reg. 237(Prop.)

 13 DE Reg. 858(Final)

1800 Board of Plumbing, Heating, Ventilation, Air Conditioning & Refrigeration

Examiners......................................................................................................... 13 DE Reg. 825(Prop.)

2000 Board of Occupational Therapy Practice........................................................ 13 DE Reg. 606(Prop.)

 13 DE Reg. 1095(Final)

2500 Board of Pharmacy......................................................................................... 13 DE Reg. 57(Prop.)

 13 DE Reg. 506(Final)

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)

3300 Board of Veterinary Medicine......................................................................... 13 DE Reg.1061(Prop.)

3500 Board of Examiners of Psychologists............................................................. 13 DE Reg. 124(Final)

3600 Board of Registration of Geologists................................................................ 13 DE Reg. 390(Prop.)

 13 DE Reg. 682(Final)

3700 Board of examiners of Speech/Language Pathologists, Audiologists &

Hearing Aid Dispensers.................................................................................... 13 DE Reg. 826(Prop.)

 13 DE Reg. 1097(Final)

3800 Committee on Dietetics/Nutrition ................................................................... 13 DE Reg. 79(Prop.)

 13 DE Reg. 414(Final)

4400 Delaware Manufactured Home Installation Board.......................................... 13 DE Reg. 834(Prop.)

 13 DE Reg. 1098(Final)

2101 Mortgage Loan Brokers Operating Regulations............................................. 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)

2201 Licensed Lenders Operating Regulations...................................................... 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)





2401 Mortgage Loan Originator Licensing............................................................... 13 DE Reg. 468(Prop.)

 13 DE Reg. 862(Final)

3001 Reg. Docket No. 49: Rules and Regulations to Implement the Provisions

of 26 Del.C. Ch. 10 Relating to the Creation of a Competitive Market for

Retail Electric Supply Service........................................................................... 13 DE Reg. 614(Prop.)

 13 DE Reg. 950(Final)

3007 Reg. Docket No. 50: Rules, Standards and Indices to Ensure Reliable

Electric Service by Electric Distribution Companies.......................................... 13 DE Reg. 837(Prop.)

 13 DE Reg. 1100(Final)

3008 Reg. Docket No. 56: Rules and Procedures to Implement the Renewable

Energy Portfolio Standards Act......................................................................... 13 DE Reg. 623(Prop.)

 13 DE Reg. 952(Final)

3010 Reg. Docket No. 60: Integrated Resource Planning for the Provision of

Standard Offer Service by Delmarva Power & Light Company......................... 13 DE Reg. 395(Prop.)

 13 DE Reg. 953(Final)

8000 Reg. Docket No. 61: Adoption of Rules to Establish an Intrastate Gas

Pipeline Safety Compliance Program .............................................................. 13 DE Reg. 416(Final)

2201 Procedure for Re-licensing Investigations Character Background Review.... 13 DE Reg. 908(Prop.)

2217 Interim Identification Procedure for the Division of Motor Vehicles................. 13 DE Reg. 911(Prop.)

2287 Public Carrier Regulations.............................................................................. 13 DE Reg. 405(Prop.)

 13 DE Reg. 955(Final)

2309 Standards and Regulations for Subdivision Streets and State Highway

Access ............................................................................................................. 13 DE Reg. 626(Prop.)

 13 DE Reg. 1101(Final)

2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 6, and 9........ 13 DE Reg. 418(Final)

Delaware Economic Development Office

402 Procedures Governing The Delaware Strategic Fund...................................... 13 DE Reg. 489(Prop.)

Office of Management and Budget

Freedom of Information Act Policy and Procedures................................................ 13 DE Reg. 493(Prop.)

2001 Group Health Care Insurance Eligibility and Coverage Rules.............................. 13 DE Reg. 126(Final)

 13 DE Reg. 683(Final)





DELAWARE RIVER BASIN COMMISSION



DELAWARE SOLID WASTE AUTHORITY
502 Statewide Solid Waste Management Plan



DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 107









107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)
2.0Definitions

The following definitions shall apply for purposes of this regulation:

“Announced Observation” shall consist of the Pre-observation Form and conference with the 
evaluator, an observation by the evaluator at an agreed upon date and time, using the associated 
formative conferences and reports. The observation for the specialist may be a collection of data over 
a specified period of time, up to four (4) weeks, or it may be an observation of sufficient length, at least 
thirty (30) minutes, to gather appropriate data and assess specialist performance.

“Board” shall mean a local board of education or a charter school board of directors.









“Credentialed Evaluator” shall mean the individual, usually the supervisor of the specialist, who has 
successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator 
may also be referred to as “Evaluator”.

“DASA” shall mean the Delaware Association of School Administrators.

“DPAS II Guide for Specialists” shall mean the manual that contains the prescribed forms, detailed 
procedures, specific details about the five (5) components of evaluation and other relevant documents 
that are used to implement the appraisal system.

“DSEA” shall mean the Delaware State Education Association.

“Experienced Specialist” shall mean a specialist who holds a valid and current Continuing or 
Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or 
Professional Status Certificate issued prior to August 1, 2003 or holds a valid and current license from 
his or her respective licensure body.

“Improvement Plan” shall be the plan that a specialist and evaluator mutually develop in accordance 
with 8.0.

“Novice Specialist” shall mean a specialist who holds a valid and current Initial License issued 
pursuant to Chapter 12 of Title 14 of the Delaware Code; or holds a valid and current license from his 
or her respective licensure body.

“Satisfactory Component Rating” shall mean the specialist’s performance demonstrates an 
understanding of the concepts of the component issued pursuant to Chapter 12 of Title 14 of the 
Delaware Code.

“Satisfactory Evaluation” shall be equivalent to the overall “Effective” or “Needs Improvement” rating 
on the Summative Evaluation and shall be used to qualify for a continuing license.

“State Assessment” shall mean the Delaware Student Testing Program (DSTP) or its successor.

“Summative Evaluation” shall be the final evaluation at the conclusion of the appraisal cycle.

“Unannounced Observation” shall consist of an observation by the evaluator at a date and time that 
has not been previously arranged using the associated formative conferences and reports. The 
observation shall be of sufficient length, at least thirty (30) minutes, to gather appropriate data and 
assess specialist performance.

“Unsatisfactory Component Rating” shall mean the specialist’s performance does not demonstrate 
an understanding of the concepts of the component.

“Unsatisfactory Evaluation” shall be the equivalent to the overall “Ineffective” rating on the 
Summative Evaluation.

“Working Day” shall mean a day when the employee would normally be working in that district or 
charter school.

11 DE Reg. 506 (10/01/07)

5.0Appraisal Components and Appraisal Criteria

5.1The following five (5) Appraisal cComponents, including the four (4) Appraisal Criteria specified for 
each, shall be the basis upon which the performance of a specialist shall be evaluated by a 
credentialed evaluator:

5.1.1Planning and Preparation

5.1.1.1Designing Coherent Programs or Services: Specialist designs activities and plans for 
services that support the needs of the students or clients served.

5.1.1.2Demonstrating Knowledge of Best Practice and Models of Delivery: Specialist uses 
practices and models of delivery that are aligned with local and national standards.

5.1.1.3Demonstrating Knowledge of Students or Clients: Specialist shows knowledge of the 
needs and characteristics of the students or clients, including their approaches to learning, 
knowledge, skills, and interests.









5.1.1.4Demonstrating Knowledge of Resources: Specialist selects appropriate resources, either 
within or outside of the school, that support the needs of students or clients.

5.1.2Professional Practice and Delivery of Services

5.1.2.1Creating an Environment to Support Student or Client Needs: Specialist creates an 
environment in which student or client needs are identified and valued. Specialist and 
student or client interactions show rapport that is grounded in mutual respect.

5.1.2.2Demonstrating Flexibility and Responsiveness: Specialist has a repertoire of instructional 
or professional strategies and makes modifications to services based on needs of the 
students or clients.

5.1.2.3Communicating Clearly and Accurately: Verbal and written communication is clear and 
appropriate to students’ or clients’ ages, backgrounds, needs, or levels of understanding.

5.1.2.4Delivering Services to Students or Clients: Specialist is responsive to the identified needs 
of the students or clients and meets standards of professional practice. The resources and 
materials are suitable and match the needs of the students or clients. The delivery of 
service is coherent.

5.1.3Professional Collaboration and Consultation

5.1.3.1Collaborating with Others: Specialist develops partnerships with school or district staff or 
external agencies to provide integrated services that meet student or client needs.

5.1.3.2Serving as a Consultant to the School Community: Specialist shares expertise with school 
staff to assist them in their work or to respond to school wide issues, problems, or 
concerns.

5.1.3.3Providing Resources and Access: Specialist provides school, district or external based 
resources to appropriate staff, students, or clients or gives information about the effective 
use of the resources.

5.1.3.4Maintaining Standards of Professional Practice: Specialist adheres to his or her 
professional standards of practice, including issues surrounding confidentiality.

5.1.4Professional Responsibilities

5.1.4.1Communicating with Families: Specialist shares information about district or school 
educational programs and expectations for student or client performance. Specialist 
develops a mechanism for two way communication with families about student or client 
progress, behavior, personal needs, or concerns.

5.1.4.2Developing a Record System: Specialist keeps student or client records relevant to their 
services and shares information with appropriate school personnel.

5.1.4.3Growing and Developing Professionally: Specialist chooses and participates in 
professional development that is aligned with his or her professional needs and aligned 
with the needs of the school, district or students.

5.1.4.4Reflecting on Professional Practice: Specialist engages in reflective thinking as an 
individual, as a team participant, or as a school and community member with the goal of 
improving professional practice and delivery of service.

5.1.5Student Improvement

5.1.5.1Showing Student Improvement: Specialist uses school or district goals from the school or 
district improvement process to set his or her annual data driven goal(s) for student 
improvement. Data used to establish goals shall include school or district accountability 
data, State Assessment data where available, and other assessment data where 
available.

5.1.5.2Using Assessments to Promote Student or Client Improvement: Specialist uses 
assessments related to his of her field of expertise that accurately measure progress 
towards the student improvement goal(s).

5.1.5.3Measuring Student Improvement: Specialist has specific, measurable evidence to show 
progress towards or attainment of goal(s) for student improvement.









5.1.5.4Reflecting on Student Improvement: Specialist reflects on goal setting process and 
outcomes for the purpose of continuous professional improvement and shares student 
improvement information with other staff as appropriate.

11 DE Reg. 506 (10/01/07)

6.0Summative Evaluation Ratings

6.1Each of the five (5) components pursuant to 5.0 shall be weighted equally and assigned a rating of 
Satisfactory or Unsatisfactory on the Summative Evaluation.

6.1.1A satisfactory rating for each Appraisal cComponents shall mean the specialist demonstrates 
acceptable performance by meeting at least three (3) of the four (4) Appraisal Criteria specified in 
each of the five (5) components set forth in 5.1.

6.2The Summative Evaluation shall also include one of three overall ratings: “Effective”, “Needs 
Improvement” or “Ineffective”.

6.2.1“Effective” shall mean that the specialist has received Satisfactory Component ratings in at least 
four (4) out of five (5) components in accordance with the Appraisal Criteria in 5.0.

6.2.2“Needs Improvement” shall mean that the specialist has received three (3) Satisfactory 
Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0.

6.2.3“Ineffective” shall mean that the specialist has received two (2) or fewer Satisfactory Component 
ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0.

6.2.3.1If a specialist’s overall Summative Evaluation rating is determined to be “Needs 
Improvement” for the third consecutive year, the rating shall be re-categorized as 
“Ineffective”.

11 DE Reg. 506 (10/01/07)

12.0Effective Date

12.1This regulation shall be in effect until the effective date of 14 DE Admin. Code 107A Specialist 
Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised.

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))











107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised
1.0Effective Date

The Specialist Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised shall 
be effective for all school districts and charter schools beginning July 1, 2011, and shall, at such time, 
replace the current 14 DE Admin. Code 107 Specialist Appraisal Process, Delaware Performance 
Appraisal System (DPAS II).

2.0Definitions

The following definitions shall apply for purposes of this regulation:

“Announced Observation” shall consist of the Pre-observation Form and conference with the 
evaluator, an observation by the evaluator at an agreed upon date and time, using the associated 
formative conferences and reports. The observation for the specialist may be a collection of data over 









a specified period of time, up to four (4) weeks, or it may be an observation of sufficient length, at least 
thirty (30) minutes, to gather appropriate data and assess specialist performance.

“Board” shall mean a local board of education or a charter school board of directors.

“Credentialed Evaluator” shall mean the individual, usually the supervisor of the specialist, who has 
successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator 
may also be referred to as Evaluator.

“DASA” shall mean the Delaware Association of School Administrators.

“DPAS II Revised Guide for Specialists” shall mean the manual that contains the prescribed forms, 
detailed procedures, specific details about the five (5) components of evaluation and other relevant 
documents that are used to implement the appraisal process.

“DSEA” shall mean the Delaware State Education Association.

“Experienced Specialist” shall mean a specialist who holds a valid and current Continuing or 
Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or 
Professional Status Certificate issued prior to August 1, 2003 or holds a valid and current license from 
his or her respective licensure body.

“Improvement Plan” shall be the plan that a specialist and evaluator mutually develop in accordance 
with 8.0.

“Interim assessment” shall mean an assessment given at regular and specified intervals throughout 
the school year, and designed to evaluate students’ knowledge and skills relative to a specific set of 
academic standards, and the results of which can be aggregated (e.g., by course, grade level, school, 
or school district) in order to inform teachers, administrators, and specialists at the student, classroom, 
school, and district levels. 

“Novice Specialist” shall mean a specialist who holds a valid and current Initial License issued 
pursuant to Chapter 12 of Title 14 of the Delaware Code or holds a valid and current license from his or 
her respective licensure body.

“Satisfactory Component Rating” shall mean the specialist’s performance demonstrates an 
understanding of the concepts of the component under Chapter 12 of Title 14 of the Delaware Code.

“Satisfactory Evaluation” shall be equivalent to the overall Highly Effective, Effective or Needs 
Improvement rating on the Summative Evaluation and shall be used to qualify for a continuing license.

“State Assessment” shall mean the Delaware Student Testing Program (DSTP) or its successor.

“Student Achievement” shall mean

(a)For tested grades and subjects:

(1)A student’s score on the DSTP or successor statewide assessment; and, as appropriate,

(2)Other measures of student learning, such as those described in paragraph (b) of this 
definition, provided they are rigorous and comparable across classrooms.

(b)For non-tested grades and subjects: alternative measures of student learning and 
performance such as student scores on pre-tests and end-of-course tests; student performance 
on English language proficiency assessment; and other measures of student achievement that are 
rigorous and comparable across classrooms. Such alternative measures shall be approved by the 
Department of Education and developed in partnership with input from the relevant specialist 
organizations or respective licensure body and the Delaware State Education Association (DSEA).

“Student Growth” shall mean the change in achievement data for an individual student between two 
points in time. Growth may also include other measures that are rigorous and comparable across 
classrooms.

“Summative Evaluation” shall be the final evaluation at the conclusion of the appraisal cycle.

“Unannounced Observation” shall consist of an observation by the evaluator at a date and time that 
has not been previously arranged using the associated formative conferences and reports. The 
observation shall be of sufficient length, at least thirty (30) minutes, to gather appropriate data and 
assess specialist performance.









“Unsatisfactory Component Rating” shall mean the specialist’s performance does not demonstrate 
an understanding of the concepts of the component.

“Unsatisfactory Evaluation” shall be the equivalent to the overall Ineffective rating on the 
Summative Evaluation.

“Working Day” shall mean a day when the employee would normally be working in that district or 
charter school.

3.0Appraisal Cycles

3.1Experienced specialists who have earned a rating of Highly Effective on their most recent Summative 
Evaluation shall receive a minimum of (1) Announced Observation each year with a Summative 
Evaluation at least once every two (2) years. The Student Improvement component for Highly Effective 
specialists shall be evaluated each year, regardless of whether or not a Summative Evaluation is 
conducted. If a Highly Effective specialist does not achieve a Satisfactory rating on the Student 
Improvement Component, the specialist shall receive a Summative Evaluation the following year, 
regardless of whether the specialist would otherwise be due for a Summative Evaluation pursuant to 
this section.

3.2Experienced specialists who have earned a rating of Effective and have earned Satisfactory ratings on 
at least four (4) of the Appraisal Components found in 5.0, including Student Improvement, on his or 
her most recent Summative Evaluation shall receive a minimum of one (1) Announced Observation 
each year with a Summative Evaluation at least once every two (2) years.

3.3Experienced specialists who are not otherwise included in 3.1 or 3.2 shall receive a minimum of one 
(1) Announced Observation and one (1) Unannounced Observation with a Summative evaluation at 
the end of the one (1) year period. These specialists shall have an Improvement Plan which may 
require additional observations and other types of monitoring as outlined in the DPAS II Revised Guide 
for Specialists.

3.4Novice specialists shall receive a minimum of two (2) Announced Observation and one (1) 
Unannounced Observation with a Summative Evaluation at the end of the one year period. Novice 
specialists who have earned a rating of Needs Improvement or Ineffective on their most recent 
Summative Evaluation shall have an Improvement Plan which may require additional observations or 
other types of monitoring as outlined in the DPAS II Revised Guide for Specialists.

4.0DPAS II Guide for Specialists

4.1All districts and charter schools shall use the manual entitled DPAS II Revised Guide for Specialists as 
developed and as may be amended by the Department of Education in collaboration with DASA and 
DSEA to implement the appraisal system.

4.2The manual shall contain, at a minimum, the following:

4.2.1Specific details about each of the five (5) Appraisal Components listed in 5.1.

4.2.2All forms or documents needed to complete the requirements of the appraisal process.

4.2.3Specific procedures to implement the appraisal system.

5.0Appraisal Components and Appraisal Criteria

5.1The following five (5) Appraisal Components, including the four (4) Appraisal Criteria specified for 
each, shall be the basis upon which the performance of a specialist shall be evaluated by a 
credentialed evaluator:

5.1.1Planning and Preparation

5.1.1.1Designing Coherent Programs or Services: Specialist designs activities and plans for 
services that support the needs of the students or clients served.

5.1.1.2Demonstrating Knowledge of Best Practice and Models of Delivery: Specialist uses 
practices and models of delivery that are aligned with local and national standards.









5.1.1.3Demonstrating Knowledge of Students or Clients: Specialist shows knowledge of the 
needs and characteristics of the students or clients, including their approaches to learning, 
knowledge, skills, and interests.

5.1.1.4Demonstrating Knowledge of Resources: Specialist selects appropriate resources, either 
within or outside of the school, that support the needs of students or clients.

5.1.2Professional Practice and Delivery of Services

5.1.2.1Creating an Environment to Support Student or Client Needs: Specialist creates an 
environment in which student or client needs are identified and valued. Specialist and 
student or client interactions show rapport that is grounded in mutual respect.

5.1.2.2Demonstrating Flexibility and Responsiveness: Specialist has a repertoire of instructional 
or professional strategies and makes modifications to services based on needs of the 
students or clients.

5.1.2.3Communicating Clearly and Accurately: Verbal and written communication is clear and 
appropriate to students’ or clients’ ages, backgrounds, needs, or levels of understanding.

5.1.2.4Delivering Services to Students or Clients: Specialist is responsive to the identified needs 
of the students or clients and meets standards of professional practice. The resources and 
materials are suitable and match the needs of the students or clients. The delivery of 
service is coherent.

5.1.3Professional Collaboration and Consultation

5.1.3.1Collaborating with Others: Specialist develops partnerships with school or district staff or 
external agencies to provide integrated services that meet student or client needs.

5.1.3.2Serving as a Consultant to the School Community: Specialist shares expertise with school 
staff to assist them in their work or to respond to school wide issues, problems, or 
concerns.

5.1.3.3Providing Resources and Access: Specialist provides school, district or external based 
resources to appropriate staff, students, or clients or gives information about the effective 
use of the resources.

5.1.3.4Maintaining Standards of Professional Practice: Specialist adheres to his or her 
professional standards of practice, including issues surrounding confidentiality.

5.1.4Professional Responsibilities

5.1.4.1Communicating with Families: Specialist shares information about district or school 
educational programs and expectations for student or client performance. Specialist 
develops a mechanism for two way communication with families about student or client 
progress, behavior, personal needs, or concerns.

5.1.4.2Developing a Record System: Specialist keeps student or client records relevant to their 
services and shares information with appropriate school personnel.

5.1.4.3Growing and Developing Professionally: Specialist chooses and participates in 
professional development that is aligned with his or her professional needs and aligned 
with the needs of the school, district or students.

5.1.4.4Reflecting on Professional Practice: Specialist engages in reflective thinking as an 
individual, as a team participant, or as a school and community member with the goal of 
improving professional practice and delivery of service.

5.1.5Student Improvement

5.1.5.1Measuring Student Improvement: Specialist’s students collectively demonstrate 
appropriate levels of Student Growth as benchmarked against standards set by the 
Secretary based on input from stakeholder groups.

6.0Summative Evaluation Ratings

6.1Each Appraisal Component shall be weighted equally and assigned a rating of Satisfactory or 
Unsatisfactory on the Summative Evaluation.









6.1.1A satisfactory rating for each of the first four Appraisal Components shall mean the specialist 
demonstrates acceptable performance by meeting at least three (3) of the four (4) Appraisal 
Criteria specified in each of the five (5) components set forth in 5.1.

6.1.2A satisfactory rating for the Student Improvement Component shall mean that the specialist 
demonstrates acceptable performance by meeting the standards set by the Secretary pursuant to 
5.1.5.1.

6.2The Summative Evaluation shall also include one of four overall ratings: Highly Effective, Effective, 
Needs Improvement or Ineffective.

6.2.1Highly Effective shall mean that the specialist has earned a Satisfactory Component Rating in four 
(4) of the five (5) Appraisal Components in accordance with 5.0 and that the specialist’s students 
on average achieve high rates of student growth, that is, more than one grade level improvement 
in an academic year.

6.2.2Effective shall mean that:

6.2.2.1The specialist has received a Satisfactory Component Rating in at least three (3) 
Appraisal Components including the Student Improvement Component, and

6.2.2.2The specialist does not meet the requirements for a Highly Effective rating found in 6.2.1.

6.2.3Needs Improvement shall mean that:

6.2.3.1The specialist has received one (1) or two (2) Satisfactory Component Ratings out of the 
five (5) Appraisal Components in accordance with 5.0, including a Satisfactory rating in 
the Student Improvement Component, or

6.2.3.2The specialist has received three (3) or four (4) Satisfactory Component Ratings out of the 
five (5) Appraisal Components in accordance with 5.0, and the specialist has received an 
Unsatisfactory rating in the Student Improvement Component.

6.2.4Ineffective shall mean that:

6.2.4.1The specialist has received zero (0), one (1), or two (2) Satisfactory Component Ratings 
out of the five (5) Appraisal Components in accordance with 5.0, and

6.2.4.2The specialist has received an Unsatisfactory Component Rating in the School 
Improvement Component.

6.2.4.3If a specialist’s overall Summative Evaluation rating is determined to be “Needs 
Improvement” for the third consecutive year, the rating shall be re-categorized as 
“Ineffective”.

7.0Pattern of Ineffective Practice Defined

A pattern of ineffective practice shall be based on the most recent Summative Evaluation ratings of a specialist 
using the DPAS II process. Two consecutive ratings of Ineffective shall be deemed as a pattern of 
ineffective practice. The following chart shows the consecutive Summative Evaluation ratings that shall 
be determined to be a pattern of ineffective practice:









8.0Improvement Plan

8.1An Improvement Plan shall be developed for a specialist who receives an overall rating of Needs 
Improvement or Ineffective on the Summative Evaluation or a rating of Unsatisfactory on any 
component in 5.0 on the Summative Evaluation regardless of the overall rating.

8.1.1An Improvement Plan shall also be developed if a specialist’s overall performance during an 
observation is unsatisfactory. This unsatisfactory performance shall be noted by the evaluator on 
the Formative Feedback form by noting “PERFORMANCE IS UNSATISFACTORY” and initialing 
the statement.

8.2The Improvement Plan shall contain the following:

8.2.1Identification of the specific deficiencies and recommended area(s) for growth;

8.2.2Measurable goals for improving the deficiencies to satisfactory levels;

8.2.3Specific professional development or activities to accomplish the goals;

8.2.4Specific resources necessary to implement the plan, including but not limited to, opportunities for 
the specialist to work with curriculum specialist(s), subject area specialist(s), instructional 
specialist(s) or others with relevant expertise;

8.2.5Procedures and evidence that must be collected to determine that the goals of the plan were met;

8.2.6Timeline for the plan, including intermediate check points to determine progress;

8.2.7Procedures for determining satisfactory improvement.

8.2.8Multiple observations and opportunity for feedback provided by a trained evaluator, a mentor, or 
lead specialist, or an instructional coach.

8.3The Improvement Plan shall be developed cooperatively by the specialist and evaluator. If the plan 
cannot be cooperatively developed, the evaluator shall have the authority and responsibility to 
determine the plan as specified in 8.2 above.

8.4The specialist shall be held accountable for the implementation and completion of the Improvement 
Plan.

8.5Upon completion of the Improvement Plan, the specialist and evaluator shall sign the documentation 
that determines the satisfactory or unsatisfactory performance of the plan.

9.0Challenge Process

9.1A specialist may challenge any rating on the Summative Evaluation, either a Component Rating or the 
Overall Rating, or a specialist may challenge the conclusions of an observation if the statement 
PERFORMANCE IS UNSATISFACTORY has been included on the Formative Feedback form. To 
initiate a challenge, a specialist shall submit additional information specific to the point of disagreement 
in writing within fifteen (15) working days of the date of the specialist’s receipt of the Summative 
Evaluation. Such written response shall become part of the appraisal record and shall be attached to 
the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor 
of the evaluator unless the supervisor of the evaluator is also in the same building as the specialist. In 
this situation, the challenge together with the record shall be forwarded to a designated district or 
charter school level credentialed evaluator.

9.1.1Within fifteen (15) working days of receiving the written challenge, the supervisor of the evaluator 
or the designated district or charter school level credentialed evaluator shall review the record 
which consists of all documents used in the appraisal process and the written challenge, and issue 
a written decision.

9.1.2If the challenge is denied, the decision shall state the reasons for denial.

9.1.3The decision of the supervisor of the evaluator or the designated district or charter school level 
credentialed evaluator shall be final.

10.0Evaluator Credentials

10.1Evaluators shall have completed the DPAS II training as developed by the Department of Education. 
Evaluators shall receive a certificate of completion which is valid for five (5) years and is renewable 









upon completion of professional development focused on DPAS II as specified by the Department of 
Education.

10.2The training for the certificate of completion shall include techniques for observation and conferencing, 
content and relationships of frameworks for practice and a thorough review of the DPAS II Revised 
Guide for Specialists. Activities in which participants practice implementation of DPAS II procedures 
shall be included in the training.

10.3The credentialing process shall be conducted by the Department of Education.

11.0Evaluation of Process

The Department of Education shall conduct an annual evaluation of the teacher appraisal process. 
The evaluation shall, at a minimum, include a survey of teachers and evaluators and interviews with a 
sampling of teachers and evaluators. Data from the evaluation and proposed changes to the DPAS II 
Revised Guide for Teachers shall be presented to the State Board of Education for review on an 
annual basis.

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 701











701 Unit Count
1.0Forms and Record Keeping

1.1All information submitted through the unit count process shall be on the forms provided by the 
Department of Education or in such other format as may be acceptable to the Department.

1.2Each school shall maintain September enrollment records in a manner which will allow for efficient 
enrollment audits by the Department of Education and the State Auditor of Accounts. At the end of 
September, each school shall assemble a comprehensive enrollment file that contains all necessary 
support materials to substantiate the enrollments reported. This file shall be retained in the school for 
at least three years.

1.3Records to substantiate special education students with disabilities included in the enrollment count 
shall contain: student name, cohort age group, grade level, eligibility category, name of special 
education teachers serving the student in September, and number of hours of special education 
services received during the last week of school in September. Individual student case studies, 
evaluations, and reports of specialists do not need to be maintained as part of the September 30 
enrollment file a student Individual Education Program (IEP) in effect during the last week of school in 
September and eligibility documentation. However, individual student files may be reviewed by the 
Department of Education or State Auditor of Accounts to ascertain that the students reported are 
identified as special education students as per 14 DE Admin. Code 925.

8 DE Reg. 1473 (4/1/05)

2.0Special Situations Regarding Enrollment

2.1All exceptions and extenuating circumstances relating to the enrollment count are addressed to the 
Secretary of Education and shall be received by the Secretary for consideration prior to September 30.

2.2Students with multiple disabilities shall be reported in the category that corresponds to their major 
eligibility category.

2.3Students with disabilities included in the special education unit count under the placement provisions 
of Transfer Students or Emergency Temporary Placement or Change of Placement shall meet the 
evaluation and placement requirements found in 14 DE Admin. Code 925.

2.4Students not assigned to a specific grade shall be reported in a grade appropriate for their age or their 
instructional level for purposes of the unit count.

8 DE Reg. 1473 (4/1/05)

3.0Accounting for Students Not in Attendance the Last Ten Days in September

3.1For students not in attendance at school during the last 10 school days of September during which 
students are required to be in attendance, the following information shall be on file to substantiate their 
inclusion in the enrollment count:

3.1.1Reason for absence, usually medical, and date of last direct contact with student or parent.









3.1.2Reason to believe that student will be returning to school before prior to November 1st.

3.1.3Districts and Charter Schools enrolling a with an intra-state transfer student during the last ten 10school days of September during which students are required to be in attendance shall first 
determine if the student is currently obligated under a choice agreement or first year charter 
agreement before enrolling the student. If said obligation exists, “good cause” must be agreed 
upon by the sending and receiving district/charter school before the receiving district/charter 
school can enroll the student. Districts and charter schools enrolling an in state transfer student 
during the last 10 school days of September shall notify the student's previous district or charter 
school of such enrollment no later than the last student attendance day of September. The 
notification shall be by fax with a follow up letter to the previous district/charter school’s unit count 
coordinator’s office. The notification shall be clearly labeled Unit Count Transfer Students and 
include the student's name, grade, and previous school of attendance. A student enrolling with a 
formal notice of withdrawal from the previous district or charter school is exempted from this 
notification requirement. Failure to follow the notification procedure may result in including the 
same student in two different district or charter school enrollments and hence unit counts. If that 
occurs, the student will be disallowed from the receiving district or charter school’s enrollment and 
unit count. Copies of the fax transmittals and follow up letters shall be on file to substantiate the 
student's inclusion in the receiving district or charter school’s enrollment and unit count.

8 DE Reg. 1473 (4/1/05)

4.0Programs, Situations and Program Types that Qualify for Inclusion in the Unit Count

4.1Students in the following programs, situations and program types shall qualify for inclusion in the 
enrollment count:

4.1.1Delaware Adolescent Program, Inc. (DAPI):

4.1.1.1Students enrolled in DAPI shall be counted in the enrollment of the sending school.

4.1.1.2Students shall be reported for receive the level of special education service as defined by 
the current IEP.

4.1.1.3If 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.

4.1.2Repeating seniors who are enrolled in school for a minimum number of instructional hours defined 
as three traditional courses or an equivalent time in a block schedule, shall be included in the unit 
count provided they meet the age and residency requirements. Students in the James H. Groves 
In school Credit Program (14 DE Admin. Code 915.2.4) and students in the Advanced Placement 
Program shall be enrolled and attend at least one full credit course in their high school to be 
included in the unit count provided they also meet the age and residency requirements.

4.1.3Temporary problem, usually medical, which precludes school attendance prior to November 1st.

4.1.4Supportive Instruction (Homebound): Students receiving supportive instruction (homebound) 
pursuant to 14 DE Admin. Code 930 qualify for inclusion in the unit count.

4.1.4.1A child with a disability receiving supportive instruction (homebound) shall be included in 
the unit count as a full time special education student if, in the child's placement 
immediately preceding the homebound placement, the child was receiving instruction from 
a certified special education teacher for at least 12.5 hours per week had an IEP in effect 
during the last week of school in September.

4.1.4.2A child with a disability receiving supportive instruction (homebound) shall be included in 
the unit count as a part time special education student if, in the child's placement 
immediately preceding the homebound placement, the child was receiving instruction from 
a certified special education teacher for less than 12.5 hours per week.

4.1.5Stevenson House or New Castle County Detention Center: Students on a temporary basis 
pending disposition of case who are expected to return to school prior to November 1st.

4.1.6Consortium Discipline Alternative Program:









4.1.6.1Students 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.

4.1.6.2Students shall be reported for the level of special education service as defined by the 
current IEP.

4.1.6.3If 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.

4.1.7Students enrolled in kindergarten pursuant to 14 DE Admin. Code 940 shall be counted in the 
grade level enrollment group to which they are assigned.

4.1.8Except as provided in section 5.0 and 7.2, all pre kindergarten children with disabilities shall be 
counted as full time in the appropriate eligibility category.

4.1.9Students enrolled in residential facilities as of the last day of September. These students are 
included in the enrollment count of the district operating the instructional program in that facility. 
The facilities that are eligible shall be identified each year by the Department of Education.

4.1.10Regular Programs, Regular programs include students who are enrolled in the regular elementary 
or secondary curriculum of the school, i.e., the core of the school subjects, which most students 
take.

4.1.11Full time Special Education Services,: Students who have been properly identified, and receive 
instruction from a certified special education teacher for at least 12.5 hours per week. Children and 
have an IEP in effect during the last week of school in September. Students with disabilities must 
have appropriate supporting documentation on file as required by the Identification, Evaluation 
and Placement Process in 14 DE Admin. Code 925.

4.1.12Part Time Special Education Services, Students who have been properly identified and receive 
instruction from a certified special education teacher for less than 12.5 hours per week. These 
children with disabilities must meet all other criteria for full time special education services. For unit 
count computation, they will have their time apportioned between a regular student in a specified 
grade and a special student in a specified category.

4.1.12.1The apportioning is accomplished by dividing the number of hours that each student 
receives instruction from a certified special education teacher by 15. For example, if a 
second grade student eligible for special education services in the Learning Disabled 
category receives 11.5 hours of special education service per week, the student is 
counted as a .77 LD student (11.5/15 = .77) and a .23 second grade regular student. This 
accounts for one Full Time Equivalent Student (.77 + .23 = 1.0).

4.1.132Career Technical Programs, A maximum of 900 minutes of vocational career and technical 
education time per week per student shall be credited toward the vocational career and technical 
education unit determination. However, units shall be counted on the basis of 1 unit for each 30 
students or major fraction thereof for students enrolled in the New Castle County Votech School 
District, the POLYTECH School District and the Sussex Technical School District.

8 DE Reg. 1473 (4/1/05)

5.0Programs and Situations that Do Not Qualify for the Unit Count

5.1Students in the following programs and situations do not qualify for inclusion in the enrollment count:

5.1.1Students who have not attended school during the last 10 days of September

5.1.2Students who are enrolled in General Education Development (GED) programs

5.1.3Students who are enrolled in other than Department of Education approved programs

5.1.4Students who are transferred to a state residential facility during September shall not be included 
in the enrollment count of the District/Charter School unless that District/Charter School operates 
the facility's instructional program; otherwise the student must be treated as a withdrawal

5.1.5Children eligible for special education under Developmentally Delayed Three Year Old Children 
and Preschool Speech Delayed 3 and 4 Year Old Children. Services will be provided for these 









students through an annual appropriation to the Department of Education specifically for that 
purpose (14 Del.C. §1703).

5.1.65Students enrolled in a Homeschool as defined in 14 Del.C. §2703A.

8 DE Reg. 1473 (4/1/05)

6.0Nontraditional High School Schedules

6.1For unit count purposes if a student receiving special education services or a career technical student 
in a school utilizing nontraditional schedules receives, during the course of the year, the same amount 
of instruction the student would have received under a traditional class schedule, the district shall 
average the time and calculate instructional time on a weekly basis; providing however, that a career 
technical student receives a minimum of 300 minutes of instruction per week and a full time special 
education student receives a minimum of 7.5 hours of instruction per week.

6.1.1The following exemplifies a situation with the required minimum minutes and hours for a full time 
career technical or special education student and shows that the heavy concentration of minutes 
or hours could occur either in the fall or the spring of the year.

6.2For unit count purposes a district shall meet the following criteria to include selected students 
participating in a district’s Distance Education/Twilight Program in the September 30th unit count. For 
purposes of this section, a Distance Education/Twilight Program shall mean a district approved credit 
bearing program as follows:

6.2.1Students must be currently suspended indefinitely or expelled by the district and enrolled in the 
district’s alternative placement program;

or

6.2.2Students with disabilities enrolled in the district’s Distance Education/Twilight Program for credit 
recovery only must be receiving services as decided upon by the IEP team and reflected in the IEP 
on-site;

or

6.2.3The inclusion of students with non-behavior issues and not special education in the unit count can 
only be included if there is not a break in educational service and they meet the entry criteria of the 
program and the additional criteria outlined in 6.2.4 through 6.2.11; and, in addition to either 6.2.1 
through 6.2.3, all of the following:

6.2.4Students and their parent(s)/guardian(s) must attend a mandatory program orientation session 
provided by the district staff. A sign in sheet and signed agreement will be kept on file and serve as 
sufficient evidence to meet this requirement.

6.2.5Students must be enrolled for a minimum of three courses.

6.2.6Students must be required to complete a minimum number of hours of active engagement each 
week that they are enrolled in the program. The minimum number of hours should not be less than 
three hours per week.

6.2.7Students must be enrolled in eSchoolPLUS, the statewide pupil accounting system.

6.2.8The district must keep records on file for the school year of the unit count on work completed and 
time spent working on the educational program for each enrolled student. The district must submit 









a sample to the Department of Education that may serve as sufficient evidence to meet this 
requirement.

6.2.9The district must provide evidence of staff monitoring the progress of each student and providing 
feedback to participating students and their parents/guardians.

6.2.10The district must show evidence on how progress of students enrolled in the program is 
incorporated into their academic record for meeting the district’s graduation requirements.

6.2.11An audit file containing information listed in 6.2 and its subsections must be maintained on all 
students participating in the program and must be presented upon request to the Department of 
Education and/or the State Auditor’s Office.

8 DE Reg. 1473 (4/1/05)

7.0Charter Schools

7.1Charter schools shall be allowed the following options in calculating their unit count:

7.1.1Using the standard public school procedure: major fraction unit rounding rule in each category; or

7.1.2Adding the fractional units in each category, fractional units will be funded

7.2Funding 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 students in 
their enrollment for unit count purposes. This section shall not be interpreted to authorize any charter 
school to enroll Pre K students.

8 DE Reg. 1473 (4/1/05)

8.0Unit Adjustments After Audit

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.

2 DE Reg. 382 (9/1/98)

5 DE Reg. 627 (9/1/01)

6 DE Reg. 74 (7/1/02)

8 DE Reg. 1473 (4/1/05)





DEPARTMENT OF FINANCE
OFFICE OF THE STATE LOTTERY
Statutory Authority: 29 Delaware Code, Section 4805 (29 Del.C. §4805)



203 Video Lottery and Table Game Regulations







DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES
Statutory Authority: 29 Delaware Code, Section 7909(A) (29 Del.C. §7909(A))



2101 Agency Appeal Process
1.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

“Appeal” means a DDDS internal evidentiary review of a decision by an objective committee assigned 
by the Division Director or designee.

“Applicant” means any person who is applying for services from the DDDS.

“Individual Rights Complaint” means the DDDS formal process for asserting that the rights of an 
individual served have been violated, an internal review concerning the reported rights violation and 
the identification of a plan to improve the situation.

“Risk Management Committee” means the internal Division committee responsible for reviewing 
identified focus areas situations that present actual or potential danger to individuals served and staff; 
subsequently developing risk reduction strategies.









2.0Situations/issues that are eligible to be reviewed via the DDDS appeals process include the 
following:

2.1Decisions that involve the omission of choice between institutional care and home and community 
based services.

2.2Denial of eligibility for DDDS services.

2.3Denial of service provider of choice.

2.4Denial, reduction, suspension or termination of services.

2.5Dissatisfaction with the outcome of an Individual Rights Complaint.

3.0Efforts shall be made to resolve the situation being contested prior to requesting an appeal DDDS.

4.0The implementation of a DDDS decision shall be postponed pending the decision of a DDDS appeal or 
Medicaid Fair Hearing, unless it has already been implemented.

5.0A Medicaid recipient may request a Division of Social Services (DSS) Medicaid Fair hearing at any point in 
the appeals process, up to ninety (90) days following receipt of a written notice of the DDDS decision that the 
recipient decides to appeal. 

6.0The DDDS Appeals Committee chairperson shall make efforts to contact the appellant within five (5) 
working days of receiving the appeals request, unless that appeal is for a disputed eligibility decision. In that case, 
the DDDS Appeals Committee chairperson shall request a copy of the appellant’s intake record within five (5) days 
of receiving the appeal request and make efforts to contact the appellant within five (5) working days of receiving a 
copy of the intake record.

7.0The DDDS Appeals Committee chairperson shall review the appeals request with the appellant, provide 
clarification as necessary, explain the appeals process and schedule an appeal review at the following month’s 
appeal hearing contingent on providing a 14 calendar days notice.

8.0The DDDS Appeals Committee shall meet with the appellant in person, unless otherwise requested, and 
listen to the reason(s) that a decision is disputed. The appellant has the right to invite guests to the appeal hearing 
and present additional information for consideration. The appellant shall have the opportunity to ask questions, 
request clarification and receive answers. The person or designee who initially made the decision being disputed 
shall also appear at the appeal hearing and explain the rationale for his/her decision.

9.0The Division Director shall be notified of the Appeals Committee’s recommendations relative to the 
issue(s) being appealed, with five (5) working days of the appeal hearing.

10.0The Division Director shall send written notification to the appellant of the final appeal disposition, within 
fifteen (15) working days of the appeal hearing. The notification shall include a notice regarding the right to 
request a Division of Social Services (DSS) Medicaid Fair Hearing, if the aggrieved person is a Medicaid recipient 
or applying for a Medicaid service.

12.0The DDDS Risk Management Committee shall review appeal statistics and trends, on an annual basis or 
as requested by the committee chair or Division Director.









DIVISION OF MEDICAID AND MEDICAL ASSISTANCE
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)





DMAP General Policy Manual: Utilization Control – Prior Authorization







1.21.1Private Duty Nursing

1.21.1.1The DMAP may cover private duty nursing for clients who require more individual and 
continuous care than is available from a visiting nurse or routinely provided by the nursing 
staff of the hospital or skilled nursing facility.

1.21.1.2The DMAP may cover private duty nursing services for Medicaid clients who are exempt 
from managed care coverage.

1.21.1.3All requests for private duty nursing must be prior authorized. (Refer to section 2.3 of this 
manual for procedures and refer to section 8.0 of this manual for required forms related to 
Diamond State Partners [DSP]).

1.21.1.3.1Private duty nursing services for clients who are eligible for the Elderly and Disabled 
HCBS waiver or the Assisted Living Medicaid Waiver program, or the Acquired Brain 
Injury Waiver must be prior authorized by the nursing staff of the Division for Services 
for Aging and Adults with Physical Disabilities (DSAAPD). See the back of the General 
Policy for the appropriate address or telephone number. 

1.21.1.3.2All other requests should be directed to the Medical Review Team located in the 
Robscott Building (see Index in the back of General Policy for address and telephone 
number).

1.21.2Pharmaceuticals

1.21.2.1Certain pharmaceuticals require prior authorization. For further information refer to the 
Pharmacy or Practitioner Provider Specific Policy Manual.

1.21.3Prescribed Pediatric Extended Care

1.21.3.1The DMAP will cover Prescribed Pediatric Extended Care (PPEC) for medically and/or 
technology-dependent children who can be maintained in the community as an alternative 
to inpatient hospital or nursing home care when supported by PPEC.

1.21.3.2PPEC provides up to twelve hours of care daily (Monday through Friday) at the PPEC 
facility upon prescription from a child's primary General Policy Provider Policy Manual 
physician, thus allowing a child to obtain necessary medical services and monitoring 
without institutionalization.

1.21.3.3PPEC services are authorized based on the level of nursing care and rehabilitative 
therapy needed.

1.21.3.4The prescribing practitioner may request prior authorization by sending a letter with the 
following information to Medicaid’s Physician Consultant:

1.21.3.4.1Name of patient.

1.21.3.4.2Patient's Delaware Medical Assistance ID number.

1.21.3.4.3Date of birth.

1.21.3.4.4Detailed medical history that documents the need for PPEC services.

1.21.3.4.5Documentation that the child would require inpatient hospital or nursing home care in 
the absence of PPEC services.

1.21.3.4.6Estimated amount and duration of required services (the number of days per week 
and the number of weeks/months that the patient is expected to need these services).

1.21.3.4.7If home health services or private duty nurse services are ordered concurrently with 
PPEC, medical justification for the combination of services is required.

1.21.3.4.8Name and address of the PPEC organization which will provide the care.

1.21.3.5Reserved

1.21.3.6All requests should be directed to the Medical Review Team located in the Robscott 
Building (see Index in the back of this manual for address and telephone number).

1.21.4Out-of-State Services (Excluding Transplants)









1.21.4.1All services provided outside of Delaware require prior authorization for payment, except 
for services from the following providers in New Jersey, Pennsylvania, Maryland, or the 
District of Columbia:

NOTE: DMAP clients are required to receive prior authorization for related travel expenses 
regardless where the medical service is provided. Refer to the Related Travel Expenses 
(Meals/Lodging/Other) section of this manual for details.

1.21.4.1.1Acute Care Hospital (inpatient and outpatient)

1.21.4.1.2DME/Oxygen Supplier

1.21.4.1.3Ground Ambulance

1.21.4.1.4Independent Laboratory

1.21.4.1.5Nurse Midwife

1.21.4.1.6Optician

1.21.4.1.7Optometrist

1.21.4.1.8Podiatrist

1.21.4.1.9Pharmacy

1.21.4.1.10Physician

1.21.4.1.11Ambulatory Surgical Centers

1.21.4.1.12Dialysis Centers

1.21.4.1.13Certified Nurse Practitioner

1.21.4.1.14Dentist

1.21.4.2All services not noted above require prior authorization to ensure compliance with the 
DMAP rules and regulations. However, in the following four circumstances, it may be 
necessary for the provider to render service before prior approval is obtained.

1.21.4.2.1CATEGORY 1 If the service provided is the result of an out-of-state emergency.

1.21.4.2.2CATEGORY 2 If the client's health would be endangered if he/she were required to 
travel back to Delaware.

1.21.4.2.3CATEGORY 3 If the service to be rendered is unavailable in Delaware, New Jersey, 
Pennsylvania, Maryland, or the District of Columbia.

1.21.4.2.4CATEGORY 4 If the service is given to a foster child in an approved child care facility 
out of the State of Delaware.

1.21.4.3If services in one of the above four categories are provided before prior authorization is 
obtained, it is still the responsibility of the provider to obtain prior authorization before 
billing. Services that do not comply with the DMAP rules and regulations will not be 
authorized for payment even if they have already been rendered.

1.21.4.4The prescribing practitioner may request prior authorization by sending a letter with the 
following information to the Medical Review Team:

1.21.4.4.1Name of the patient.

1.21.4.4.2Patient's Delaware Medical Assistance ID number.

1.21.4.4.3Date of birth.

1.21.4.4.4Detailed medical history that documents the need for out-of-state care.

All requests should be directed to the DMAP State office (refer to the back of this 
manual for the address, telephone and fax numbers).

1.21.5Transplants

1.21.5.1The DMAP will cover the following transplants:

1.21.5.1.1Heart

1.21.5.1.2Lung

1.21.5.1.3Liver

1.21.5.1.4Bone Marrow









1.21.5.1.5Pancreas

1.21.5.1.6Kidney

1.21.5.1.7Intestinal

1.21.5.2ALL transplants (except those covered and paid by Medicare) must be approved by the 
Medical Review Team. If Medicare is covering the service, Medicaid review for the DMAP 
payment is not necessary.

1.21.5.3 Requests for approval of any transplants must be submitted in writing and mailed or faxed 
to the Medical Review Team (refer to the Index in the back of this manual for the address, 
telephone and fax numbers to the DMAP State office).

1.21.5.4Failure to secure approval from the Medical Review Team can result in non-payment from 
the DMAP. Providers must include the prior authorization number issued by the Medical 
Review Team when submitting the claim.

1.21.5.5The attending specialist and the admitting facility must request prior authorization by 
sending a letter with the following information:

1.21.5.5.1Name, address, age, and the Delaware Medical Assistance ID number of the client.

1.21.5.5.2Name of the referring physician

1.21.5.5.3Name and address of the physician and medical facility where the transplant is to be 
performed.

1.21.5.5.4Type of transplant, including detailed information, i.e., method proposed, expected 
outcome, etc.

1.21.5.5.5Diagnosis, prognosis, and a brief outline of all medical problems, history and 
indications for transplant.

1.21.5.5.6Documentation must be provided by the appropriate attending specialist and admitting 
facility that all of the following conditions are met:

1.21.5.5.6.1 The facility performing the transplant must have approval for performing the 
surgery through the Certificate of Need (CON) process and must supply supporting 
documentation of this.

1.21.5.5.6.2 Current medical therapy has failed and will not prevent progressive disability and 
death.

1.21.5.5.6.3 The patient does not have other major systemic disease that would compromise 
the transplant outcome.

1.21.5.5.6.4 There is every reasonable expectation, upon considering all the circumstances 
involving the patient, that there will be strict adherence by the patient to the long-term 
difficult medical regimen that is required.

1.21.5.5.6.5 The transplant is likely to prolong life for at least two years and to restore a range 
of physical and social function suited to activities of daily living.

1.21.5.5.6.6 The patient is not both in an irreversible terminal state (moribund) and on a life 
support system.

1.21.5.5.6.7 The patient has a diagnosis appropriate for the transplant.

1.21.5.5.6.8 The patient does not have multiple non-correctable severe major system 
congenital anomalies.

1.21.6Durable Medical Equipment (DME) and Supplies

A practitioner may prescribe durable medical equipment and supplies when medically necessary 
to carry out a medical practitioner’s written plan of care.

1.21.6.1DME

1.21.6.1.1DME is defined as equipment that meets all of the following criteria:

1.21.6.1.1.1 Can withstand use.

1.21.6.1.1.2 Is primarily and customarily used to serve a medical purpose.

1.21.6.1.1.3 Generally is not useful to a person in the absence of an illness or injury.









1.21.6.1.1.4 Is needed to maintain the client in the home.

1.21.6.1.2Requests for items that are not primarily medical in nature are not covered. Most 
durable medical equipment is presumptively medical, such as hospital beds, 
wheelchairs, respirators, crutches, nebulizers, etc.

However, some items are not primarily medical in nature, such as physical fitness 
equipment, self-help devices, air conditioners, room heaters, humidifiers attached to 
home heating systems, or other environmental control items, etc. Additionally, the 
DMAP does not cover lifts for stairs or vans, wheelchair ramps, generators, or home/
bathroom modifications under the DME scope of services. Even though nonmedical 
equipment may have some remote medically related use, the primary and customary 
use of such items is a non-medical one and thus they will not be covered.

1.21.6.1.3When ordering durable medical equipment or supplies, the attending practitioner is 
required to provide the Medicaid client with a prescription.

In some instances, the practitioner will be required to detail the medical necessity in 
writing. The attending practitioner is also expected to sign and date a Medicaid 
Certificate of Medical Necessity (CMN) for the DME supplier. A Medicare CMN is 
required when requesting prior authorization for durable medical equipment for which 
there is a specific Medicare CMN. The Medicare CMN is to be submitted for ALL 
clients not only those who are Medicare eligible. The attending physician, not the DME 
supplier, is required to complete the Medicare CMN.

1.21.6.2Supplies

1.21.6.2.1The DMAP has established an upper limit on the number of each supply used in a 
three-month period. Practitioners may be requested to further document the medical 
necessity if the established limit is exceeded.

1.21.6.2.2Supplies must be purchased economically and the quantity used must be reasonable 
for the period of time of the request.

1.21.6.2.3Non-covered supplies include, but are not limited to:

Diapers routinely used for children under four years of age. The DMAP may consider 
the coverage for diapers that exceed the normal use for children under the age of four 
years if the attending practitioner details the child’s diagnosis, the medical necessity 
for the diapers, and why the use is outside normal range. This service may be covered 
through the Early, Periodic, Screening, Diagnostic and Treatment (EPSDT) program. 
The DME provider will be required to submit a CMN signed and dated by the attending 
practitioner and the practitioner’s letter of medical necessity. The practitioner’s letter of 
medical necessity must address the child’s diagnosis and why the excessive usage is 
medically necessary.

Bandages, Band-Aids, mouthwash, razors, etc. normally purchased for home use.

1.21.7Positron Emission Tomography (PET) Scans

1.21.7.1PET Scans will be provided in accordance with Section 50-36 of the Medicare Coverage 
Issues Manual. Refer to Practitioner Provider Specific Policy Manual for Section 50-36 of 
the Coverage Issue Manual.

1.21.7.2All PET Scans must be prior authorized. Prior authorization requests for fee-for-service 
clients may be mailed or faxed to the Medical Review team located in the Lewis Building 
(see Index Addresses and Phone Numbers, Delaware Medical Assistance Program State 
Office in the back of the General Policy).

1.21.7.3Prior authorization must be requested by the referring physician and must include:

1.21.7.3.1Patient’s name

1.21.7.3.2Patient’s Medicaid number

1.21.7.3.3Patient’s date of birth

1.21.7.3.4Patient’s diagnosis

1.21.7.3.5Date of scheduled PET Scan









1.21.7.3.6Results of previous tests (Pathology/biopsy reports, CT Scan, MRI, Ultrasound, X-ray, 
previous stress tests, etc.)

1.21.7.3.7Detailed medical history that documents the need for PET Scan.

1.21.7.4In addition, Diamond State Partner (DSP) providers must mail or fax a completed Request 
Form. Refer to Diamond State Partner section of this manual for policies and forms 
specific to DSP.

1.21.8Home Health Services

1.21.8.1Prior authorization is required for the following home health services if:

1.21.8.1.1There are multiple clients in the same household requiring home health service from 
the same agency and/or multiple clients in the same household requiring home health 
services from multiple agencies.

1.21.8.1.2Skilled nursing visits exceed two per day

1.21.8.1.3Clients who may require home health aide service for more than two hours per day.

1.21.8.1.4Additional home health services are requested for the same client from a second 
agency.

1.21.8.1.5Mentally Retarded Waiver clients require skilled nursing, therapy, or aide services.

1.21.8.1.6Skilled nursing visits are in locations other than the client’s home

1.21.8.1.7Individual resides in an adult foster/residential home

1.21.8.1.8Client requires more than one skilled rehabilitation visit per day or more than one hour 
(4 units) in duration.

1.21.9Oral and Facial Prosthetics

1.21.9.1The DMAP will cover oral and facial prosthetics for eligible Medicaid clients who are age 
21 or older when it is determined to be medically necessary and part of a rehabilitation 
plan to treat an anatomical deficiency caused by diagnosed conditions.

1.21.9.2Refer to the Practitioner Provider Specific Policy Manual, Specific Criteria for 
Prosthodontists for additional information.

1.21.10Bariatric Surgery

1.21.10.1The DMAP may cover bariatric surgery for treatment of obesity in adults when the 
patient’s obesity is causing significant illness and incapacitation and when all other more 
conservative treatment options have failed.

1.21.10.2All requests for bariatric surgery must be prior authorized. This includes the surgeon, 
assistant surgeon (if medically necessary), anesthesiologist, and facility.

1.21.10.3Requests for prior authorization of bariatric surgery must be submitted in writing. See 
Section 8.1 of this manual for the Prior Authorization Request Form for Diamond State 
Partners recipients and Section 18.2 of this manual for the Prior Authorization Request 
Form for Medicaid recipients who are not enrolled in managed care.

1.21.11Sleep Studies/Polysomnography

1.21.11.1The DMAP may cover Sleep Studies/Polysomnography for evaluation of sleep-related 
disorders.

1.21.12Computed Tomographic Colonography

1.21.12.1The DMAP may cover computed tomographic colonography in the following instances:

1.21.12.1.1For colonic evaluation of symptomatic patients with a known colonic obstruction.

1.21.12.1.2 For patients with an incomplete colonoscopy due to obstructive or stenosing colonic 
lesions.

1.21.12.1.3 For patients who are receiving chronic anticoagulation therapy that cannot be 
interrupted.

1.21Services Requiring Prior Authorization

1.21.1The Social Security Act at Section 1902(a)(30)(A) permits the DMAP to require prior authorization.









1.21.2Providers must obtain prior authorization from the DMAP before initiating the service. The DMAP 
will deny payment for services that require prior authorization yet are initiated before DMAP 
approval except as specified in section 1.21.3.

1.21.3Authorization may be granted after the service has been provided in the following circumstances. 
All other requirements for prior authorization of the service apply.

1.21.3.1The service has been denied by Medicare or other insurance and the reason for the denial 
is documented on the EOB.

1.21.3.1.1The DMAP does not cover services denied by Medicare as not medically necessary 
and will not authorize these services.

1.21.3.2The provider was recently enrolled as an out-of-state or out-of-region provider and was 
required to provide a service to a Medicaid client prior to enrollment.

1.21.3.3The client has been determined to be eligible for retroactive Medicaid.

1.21.3.4The client has an urgent medical need for the service defined as:

1.21.3.4.1A delay in service provision of three business days from the date the rendering 
provider initiates or receives the order for the service would place the health of the 
client in serious jeopardy OR

1.21.3.4.2A delay in service provision of three business days from the date the rendering 
provider initiates or receives the order for the service would result in institutionalization 
of the client or prevent discharge of the client from an institution.

1.21.4The DMAP must approve the treatment plan and services before the provider receives payment 
for urgent medical services provided prior to obtaining authorization.

1.21.5Within one business day of the provision of the service, providers requesting authorization for 
urgent medical services provided prior to obtaining authorization must submit:

1.21.5.1All documentation normally required for the service being authorized and

1.21.5.2Patient history/treatment notes that document the urgent nature of the patient’s condition 
or the necessity of the service to prevent institutionalization or to prevent a delay in 
discharge of the client from an institution. If the urgent medical need for the service is not 
substantiated, authorization of the service will be denied and no payment will be made.

1.21.5.3Providers should designate the request as Urgent.

1.21.6The following services require prior authorization. The list reflects the major categories of services 
that require prior authorization but is not all-inclusive. Refer to your provider specific policy manual 
for complete information on services requiring prior authorization. Refer to the designated 
provider-specific policy manuals for specific information required to support the prior authorization 
request for the services listed below. Prior authorization is not required if Medicare has paid for the 
service.

1.21.6.1Private Duty Nursing Services– Refer to the Private Duty Nursing Provider Specific Policy 
Manual.

1.21.6.2Pharmaceuticals – Certain pharmaceuticals require prior authorization. Refer to the 
Pharmacy Provider Specific Policy Manual.

1.21.6.3Prescribed Pediatric Extended Care (PPEC) – Refer to the Prescribed Pediatric Extended 
Care Program Provider Specific Policy Manual.

1.21.6.4Transplants – Refer to the Inpatient Hospital or Practitioner Provider Specific Policy 
Manual.

1.21.6.5Durable Medical Equipment and Supplies – Certain equipment and supplies require prior 
authorization. Refer to the Durable Medical Equipment Provider Specific Policy Manual.

1.21.6.6Positron Emission Tomography (PET) Scans – Refer to the Outpatient Hospital or 
Practitioner Provider Specific Policy Manual.

1.21.6.7Home Health Services – Certain home health services require prior authorization. Refer to 
the Home Health Provider Specific Policy Manual.









1.21.6.8Oral and Facial Prosthetics – Refer to the Specific Criteria for Prosthodontists section of 
the Practitioner Provider Specific Policy Manual.

1.21.6.9Bariatric Surgery - Refer to the Inpatient Hospital or Practitioner Provider Specific Policy 
Manual.

1.21.6.10Sleep Studies/Polysomnography - Refer to the Outpatient Hospital or Practitioner Provider 
Specific Policy Manual.

1.21.6.11Dental and Orthodontic Services – Certain dental and orthodontic services require prior 
authorization. Refer to the Dental Provider Specific Policy Manual.

1.21.6.12Elderly and Disabled Waiver Services – Refer to the Elderly and Disabled Waiver Provider 
Specific Policy Manual.

1.21.6.13Acquired Brain Injury Waiver Services – Refer to the Acquired Brain Injury Waiver 
Provider Specific Policy Manual.

1.21.6.14Extended Pregnancy (Smart Start) Services – Refer to the Extended Pregnancy (Smart 
Start) Services Provider Specific Policy Manual.

1.21.6.15Computed Tomographic (CT) Colonography - Refer to the Outpatient Hospital or 
Practitioner Provider Specific Policy Manual.

1.21.6.16Out-of-State Services 

1.21.6.16.1All services provided outside of Delaware require prior authorization for payment, 
except for services from the following providers in New Jersey, Pennsylvania, 
Maryland, or the District of Columbia: NOTE: DMAP clients are required to receive 
prior authorization for related travel expenses regardless of where the medical service 
is provided. Refer to the Related Travel Expenses (Meals/Lodging/Other) section of 
this manual for details.

1.21.6.16.1.1Acute Care Hospital (inpatient and outpatient)

1.21.6.16.1.2DME/Oxygen Supplier

1.21.6.16.1.3Ground Ambulance

1.21.6.16.1.4Independent Laboratory

1.21.6.16.1.5Nurse Midwife

1.21.6.16.1.6Optician

1.21.6.16.1.7Optometrist

1.21.6.16.1.8Podiatrist

1.21.6.16.1.9Pharmacy

1.21.6.16.1.10Physician

1.21.6.16.1.11Ambulatory Surgical Center

1.21.6.16.1.12Dialysis Center

1.21.6.16.1.13Certified Nurse Practitioner

1.21.6.16.1.14Dentist

1.21.6.16.2All out-of state services not noted above require prior authorization to ensure 
compliance with DMAP rules and regulations.









DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)



DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)











9060 Determining Income Deductions







12 DE Reg. 462 (10/01/08)









DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code, Sections 314 & 1111 (18 Del.C. §§314, 1111)

18 DE Admin. Code 1408

1408 Standards for Prompt, Fair and Equitable Settlement of Claims for Long-Term Care Insurance
1.0Authority

This regulation is adopted by the Commissioner pursuant to 18 Del.C. §§311, 2304(16), and 2312 and 
7107. It is promulgated in accordance with 29 Del.C. Ch. 101.

2.0Scope

This regulation shall apply to all carriers as defined herein. 

3.0Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless 
the context clearly indicates otherwise:

“Carrier” means any entity that provides long-term care insurance in this State. "Carrier" also includes 
any 3rd-party administrator or other entity that adjusts, administers or settles claims in connection with 
long-term care plans.

“Days” means calendar days.

“Institutional Provider” means a hospital, nursing home, or any other medical or health-related 
service facility caring for the sick or injured or providing care or other coverage which may be provided 
in a long-term care policy. An entity must be a Provider under this Regulation in order to be an 
Institutional Provider.

“Policyholder,” “Insured,” or “Subscriber” means a person covered under a long-term care 
insurance policy or a representative (other than a provider) designated by such person and entitled to 
make claims on his behalf.

“Provider” means any entity or individual licensed, certified, or otherwise permitted by law pursuant to 
Titles 16 or 24 of the Delaware Code to provide long-term care services, irrespective of whether the 
entity or the individual is a participating provider pursuant to a written agreement with the carrier. When 
used alone, the term “provider” shall include individual providers and institutional providers.









4.0Prompt Payment of Clean Claims

4.1“Claim” means a request for payment of benefits under an in-force policy, regardless of whether the 
benefit claimed is covered under the policy or any terms or conditions of the policy have been met.

4.2“Clean Claim” means a claim that has no defect or impropriety, including any lack of required 
substantiating documentation, such as satisfactory evidence of expenses incurred, or particular 
circumstances requiring special treatment that prevents timely payment from being made on the claim.

4.3Within thirty (30) days after receipt of a claim for benefits under a long-term care insurance policy or 
certificate, an insurer shall pay such claim if it is a clean claim, or send written notice acknowledging 
the date of receipt of the claim and one of the following:

4.3.1The insurer is declining to pay all or part of the claim and the specific reason(s) for denial; or

4.3.2That additional information is necessary to determine if all or any part of the claim is payable and 
the specific additional information that is necessary.

4.4Within thirty (30) days after the receipt of all the requested additional information, an insurer shall pay 
a claim for benefits under a long-term care insurance policy or certificate if it is a clean claim, or send a 
written notice that the insurer is declining to pay all or part of the claim, and the specific reason or 
reasons for denial.

4.5If an insurer fails to comply with 4.3 or 4.4, such an insurer shall pay interest at the rate of 1% per 
month on the amount of the claim that should have been paid but that remains unpaid after forty-five 
(45) days after the receipt of the claim with respect to 4.3 or all requested additional information under 
4.4. The interest payable pursuant to this sub-section shall be included in an late reimbursement 
without requiring the person who filed the original claim to make any additional claim for such interest.

4.6These provisions shall not apply where the insurer has a reasonable basis supported by specific 
information that such claim was fraudulently submitted.

4.7Any violation of this regulation by an insurer if committed flagrantly and in conscious disregard of the 
provisions of this regulation or with such frequency as to constitute a general business practice shall 
be considered a violation of 18 Del.C. §2304.

5.0Waiver

The provisions of this regulation may not be waived, voided, or nullified by contract.

6.0Causes of Action

This regulation shall not create a private cause of action for any person or entity, other than the 
Delaware Insurance Commissioner, against a carrier or its representative based upon a violation of 18 
Del.C. §2304.

7.0Separability

If any provision of this regulation, or the application of any such provision to any person or 
circumstances, shall be held invalid, the remainder of such provisions, and the application of such 
provisions to any person or circumstance other than those as to which it is held invalid, shall not be 
affected.

8.0Effective Date

This regulation become effective for all claims submitted for payment on or after July 1, 2010.









DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))

7 DE Admin. Code 3511









3511 Summer Flounder Size Limits; Possession Limits
(Penalty Section 7 Del.C. §936(b)(2))

1.0It shall be unlawful for any recreational fisherman to have in possession more than four (4) summer 
flounder at or between the place where said summer flounder were caught and said recreational 
fisherman's personal abode or temporary or transient place of lodging. (Note: creel limit to be 
determined in combination with size limit and season.)

2.0It shall be unlawful for any person, other than qualified persons as set forth in section 4.0 of this 
regulation, to possess any summer flounder that measure less than eighteen and one half (18.5) 
inches between the tip of the snout and the furthest tip of the tail. (Note: creel limit to be determined in 
combination with size limit and season.)

7 DE Reg. 1575 (5/1/04)

12 DE Reg. 1430 (05/01/09)

3.0It shall be unlawful for any person while on board a vessel, to have in possession any part of a summer 
flounder that measures less than eighteen and one half (18.5) inches between said part's two most 
distant points unless said person also has in possession the head, backbone and tail intact from which 
said part was removed. (Note: creel limit to be determined in combination with size limit and season.)

4.0Notwithstanding the size limits and possession limits in this regulation, a person may possess a 
summer flounder that measures no less than fourteen (14) inches between the tip of the snout and the 
furthest tip of the tail and a quantity of summer flounder in excess of the possession limit set forth in 
this regulation, provided said person has one of the following:

4.1A valid bill-of-sale or receipt indicating the date said summer flounder were received, the amount 
of said summer flounder received and the name, address and signature of the person who had 
landed said summer flounder;

4.2A receipt from a licensed or permitted fish dealer who obtained said summer flounder; or

4.3A bill of lading while transporting fresh or frozen summer flounder.

4.4A valid commercial food fishing license and a food fishing equipment permit for gill nets.

5.0It shall be unlawful for any commercial finfisherman to sell, trade and or barter or attempt to sell, trade 
and or barter any summer flounder or part thereof that is landed in this State by said commercial 
fisherman after a date when the de minimis amount of commercial landings of summer flounder is 
determined to have been landed in this State by the Department. The de minimis amount of summer 
flounder shall be 0.1% of the coast wide commercial quota as set forth in the Summer Flounder 
Fishery Management Plan approved by the Atlantic States Marine Fisheries Commission.

6.0It shall be unlawful for any vessel to land more than 200 pounds of summer flounder in any one day in 
this State.

7.0It shall be unlawful for any person, who has been issued a commercial food fishing license and fishes 
for summer flounder with any food fishing equipment other than a gill net, to have in possession more 
than four (4) summer flounder at or between the place where said summer flounder were caught and 
said person's personal abode or temporary or transient place of lodging. (Note: creel limit to be 
determined in combination with size limit and season.)









Note:Proposed options for creel limits and minimum size limits and seasons to restrict the recreational 
summer flounder harvest in Delaware during 2010.

1 DE Reg. 1767 (05/01/98)

2 DE Reg. 1900 (04/01/99)

3 DE Reg. 1088 (02/01/00)

4 DE Reg. 1552 (03/01/01)

5 DE Reg. 462 (08/01/01)

5 DE Reg. 2142 (05/01/02)

6 DE Reg. 1358 (04/01/03)

7 DE Reg. 1575 (05/01/04)

8 DE Reg. 1488 (04/01/05)

9 DE Reg. 1759 (05/01/06)

10 DE Reg. 1722 (05/01/07)

11 DE Reg. 1493 (05/01/08)

12 DE Reg. 1430 (05/01/09)

DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))

7 DE Admin. Code 3900
1.0Definitions

 This action will clearly define the term Quality Buck for Delaware Hunters. This is needed to assist 
hunters in knowing what type of deer they can tag with the Delaware Quality Buck tag.

2.0Method of Take

 This action will 1. Allow crossbows to be used anytime a longbow may be used for deer hunting 2. 
Establish a minimum draw weight for longbows 3. Eliminate the maximum pull weight for crossbows 
and allow scopes on crossbows 4. Make it unlawful to carry a crossbow in a locked position within a 
motor vehicle. 5. Clarify when trapping equipment may be placed in the field and when it must be 
removed 6. Allow pellet rifles to be used for gray squirrel hunting. 7. Clarify what firearms may be used 
for red fox hunting. 8. Restrict firearms that can be used for red fox hunting during deer season. 

3.0Federal Laws and Regulations Adopted 













This action will 1. Require non-toxic shot for hunting rails, snipe and moorehens 2. Restrict mute swan 
hunting to the general waterfowl season and shooting hours. 

4.0Seasons

This action will establish a hunting season for red fox in accordance with Section 8 of 3902 and § 788 
of Title 7.

This action will 1. Clarify that only 2 antlered deer may be taken during any given license year running 
from July 1 – June 30th. 2. Eliminate the requirement that deer hides must be tagged in order to be 
sold 3. Eliminate physical deer check stations and require hunters to register deer by phone or online 
and write their registration number on field tags 4. Lengthen the crossbow season.

This action will exempt non-residents from the guide license requirement when they are guiding for 
snow goose hunting in Delaware. Guides must be licensed in guide in another state or Canadian 
Province that extends the same exemption to Delaware residents. 

22.0Hunter and Trapper Identification Number

This action will require Delaware license exempt hunters to acquire a free hunter or trapper 
identification number. This will provide the Division with an accurate count of the total number of 
hunters hunters in Delaware and provide an additional database for surveying.

The changes to regulation 3900 Wildlife will be presented in a series of public hearings on March 25th. 2010 
beginning at 6:30 p.m., DNREC Auditorium, 89 Kings Highway, Dover, Delaware. The hearing record 
for these proposed Regulations will remain open until 4:30 p.m. March 31, 2010

The order of hearings is as follows: 

3901 - Definitions

3902 - Method of Take

3903 - Federal Laws and Regulations Adopted

3904 - Seasons

3907 - Deer

3921 - Guide License Requirements

3922 - Hunter and Trapper Identification Number 













3901 Definitions
For purposes of Regulations 1.0 through 16.0, the following words and phrases shall have the 
meaning ascribed to them, unless the context clearly indicates otherwise:

“Administered by the Division” shall mean owned, leased or licensed by the Division.

“Antlered Deer” shall mean any deer with one or more antlers three inches long or longer, measured 
from the base of the antler where it joins the skull to the tip of the antler following any curve of the 
antler.

“Antlerless Deer” shall mean any deer that has no antlers or antlers less than three inches in length.

“Bait” shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is 
able to consume.

“Baited Field” shall include any farm field, woodland, marsh, water body or other tract of land where 
minerals, grain, fruit, crop or other nontoxic compounds have been placed to attract wildlife to be 
hunted.

“Black Powder” shall mean a manufacturer’s approved muzzleloading propellant.

“Deer” shall mean white-tailed deer (Odocoileus virginianus) and/or Sika deer (Cervus nippon).

“Director” shall mean the Director or Acting Director of the Division.

“Division” shall mean the Division of Fish and Wildlife of the Department.

“Established Blind” shall mean a structure or pit constructed for the purpose of hunting migratory 
waterfowl by a landowner on his or her property or by another person with the permission of the 
landowner or the landowner’s duly authorized agent.

“Established Road” shall mean a road maintained for vehicular use by the Division and designated 
for such use by the Division on current wildlife area maps.

“Liberated Game” shall mean cottontail rabbits and game birds, including bobwhite quail, mallard 
duck, chukar and pheasant released pursuant to § 568 of Title 7.

“Loaded Muzzle-Loading Rifle” shall mean the powder and ball, bullet or shot is loaded in the bore. 
A muzzle-loading rifle shall not be considered loaded if the cap, primer, or priming powder (in a 
flintlock) is removed and:

The striking mechanism used to ignite the cap, primer or priming powder is removed or rendered 
inoperable; or

The rifle is enclosed in a case.

“Lure” shall mean any mixture of ingredients, element or compound that attract wildlife, but the wildlife 
is unlikely to consume.

“Longbow” shall mean a straight limb, reflex, recurve or compound bow. All crossbows or variations 
thereof and mechanical holding and releasing devices are expressly excluded from the definition.

“Nongame Wildlife” shall mean any native wildlife, including rare and endangered species, which are 
not commonly trapped, killed, captured or consumed, either for sport or profit.

“Possession” shall mean either actual or constructive possession of or any control over the object 
referred to.

“Quality Buck” shall mean an antlered deer with an outside antler spread of at least 14 inches. This 
measurement is taken across the outside of the main beams at their widest point; this measurement’s 
path must be perpendicular to the center line of the skull and parallel to the top of the skull plate.

“Refuge” shall mean an area of land, whether in public or private ownership, designated by the 
Department as a refuge. Land shall only be designated with the permission of the landowner and if 
such designation is thought to be in the best interest of the conservation of wildlife. Refuges shall 
normally be closed at all times to all forms of hunting, except as permitted by the Director in writing for 
wildlife management purposes.

“Roadway” shall mean any road, lane or street, including associated right-of-ways, maintained by this 
State or any political subdivision of this State.

“Season” shall mean that period of time during which a designated species of wildlife may be lawfully 
hunted or a designated species of fish may be lawfully fished.









“Vehicle” shall include any means in or by which someone travels or something is carried or 
conveyed or a means of conveyance or transport, whether or not propelled by its own power.

“Wildlife” shall mean any member of the animal kingdom, including without limitation, any amphibian, 
arthropod, bird, mammal or reptile.

3 DE Reg. 289 (8/1/99) 

3 DE Reg. 1738 (6/1/00)

11 DE Reg. 334 (09/01/07)

3902Method of Take

(Penalty Section 7 Del.C. §103(d))

2.1General.

Unless otherwise provided by law or regulation of the Department, it shall be unlawful to hunt any 
protected wildlife with any weapon or firearm other than a longbow or shotgun (10 gauge or smaller), 
except that:

2.1.1A crossbow may be used in lieu of a shotgun to hunt deer during that part of the November 
shotgun season that runs from Monday through Saturday of each year and in any shotgun or 
muzzleloader deer season open in December or January; Crossbows may be used during all deer 
seasons.

2.1.2A muzzle-loading rifle with a barrel length of at least twenty inches and loaded with black powder 
may be used to hunt deer during muzzleloader and shotgun deer seasons;

2.1.3A .22 caliber rimfire pistol may be used to hunt raccoons and opossums and to take wildlife 
lawfully confined in a trap;

2.1.4A hook, spear or gig may be used to take frogs; and

2.1.5A spear, gig, trap or fyke net may be used to take snapping turtles.

2.1.6A single shot an antique or authentic reproduction black powder Sharps rifle of 45 to 60 caliber 
shall be lawful for use during shotgun deer seasons using paper patched bullets.

2.1.7No person shall place in the field any set or unset equipment associated with the trapping of game 
animals until the opening day of any state approved trapping season.

2.1.8Any person who sets or makes use of any trap, snare or other approved wildlife capture device 
during any lawful trapping season, shall remove all trapping equipment by the last day of the 
approved trapping season.

2.2Bow and Arrow. Archery and Crossbow

2.2.1General. No person shall use or have in his or her possession, while hunting, any: poison arrow, 
arrow with an explosive tip, or any longbow drawn and held by mechanical means (draw locking 
device), except the Director may issue permits to hunters who are permanently disabled to use 
crossbows, provided: with a minimum pull less than 35 pounds.

2.2.1.1The applicant has a physician’s certification that he or she is unable to use conventional 
archery equipment;

2.2.1.2The applicant has a disability that requires the use of a wheelchair;

2.2.1.3The applicant is a single or double amputee above the elbow, or a double amputee below 
the elbow;

2.2.1.4The applicant has a permanent physical disorder which cannot be surgically corrected and 
prevents the use of an arm or hand;

2.2.1.5The applicant has lung disease to the extent that forced (respiratory) expiatory volume for 
one (1) second when measured by spirometer is less than one (1) liter or arterial oxygen 
tension (po) is less than 60 mm/Hg on room air at rest; or

2.2.1.6The applicant has cardiovascular disease to the extent that functional limitations are 
classified in severity as class III or class IV according to standards accepted by the 
American Heart Association.









2.2.2Crossbows. Crossbows used for deer hunting must be between have a minimum pull weight of125 and 200 pounds of pull weight, be manufactured after 1980, and have a mechanical safety. 
Crossbows may be equipped with a scope.

2.2.2.1It shall be unlawful to transport a crossbow on or within any vehicle while the crossbow is 
in the cocked position.

2.3Hunting from Boats.

2.3.1Distance from Blinds. During the season for the hunting of migratory waterfowl, it shall be unlawful 
for any person to hunt from a boat of any kind that is within 1500 feet of an established blind, 
except that:

2.3.1.1Any person may use a boat to tend lawfully set traps for fur-bearing wildlife;

2.3.1.2Any person may retrieve crippled waterfowl by the use of a boat in accordance with 
federal regulations;

2.3.1.3Any person may use a boat for transportation to and from an established blind lawfully 
used by such person;

2.3.1.4Any person may hunt from a boat that is firmly secured and enclosed in an established 
blind.

2.3.2Notwithstanding the provisions of subsection 2.2.1 of this section, any person may hunt migratory 
waterfowl within 1500 feet of an established blind, from a boat, with permission of the blind owner.

2.3.3Gunning Rigs.

2.3.3.1During the season for hunting migratory waterfowl, it shall be unlawful for any person to 
hunt within 900 feet of the shoreline (high tide line) of the Delaware River and Bay, 
between the Appoquinimink River and the Smyrna River, without written permission of the 
closest adjoining landowner(s).

2.3.3.2During the season for hunting migratory waterfowl, it shall be unlawful for any person to 
hunt within 1500 feet of the shoreline (high tide line) of the Delaware River and Bay, 
between the Smyrna River and the Murderkill River, without written permission of the 
closest adjoining landowner(s).

2.3.4Tender Boats. It shall be unlawful for tender boats servicing gunning (layout) rigs to be further than 
1500 feet from the rig or to conduct any activity, except to pick up downed birds or service the rig.

2.3.5During the season for hunting migratory waterfowl, it shall be unlawful for any person to hunt from 
a boat, or a floating or fixed blind in the Little River in areas bounded on both sides by land 
administered by the Division, except as permitted in writing by the Director.

2.4Leghold Traps.

2.4.1It shall be unlawful for any person to set a leghold trap at any time in this State, except from 
December 1 through March 10 (March 20 on embanked meadows) in New Castle County and 
December 15 through March 15 in Kent and Sussex counties.

2.4.2Notwithstanding subsection 2.4.1 of this section, it shall be lawful to trap raccoons with leghold 
traps in New Castle County or Kent County from the southerly boundary of New Castle County 
Route 380 and east and southeast of the center line of U.S. Route No. 13, thence following said 
center line of U.S. Route No. 13 to the point where U.S. Route No. 13 forms a junction with U.S. 
Route No. 113 and thence along the center line of U.S. Route No. 113 to a line dividing Kent 
County from Sussex County during any time of the year, except on Sundays. Notwithstanding the 
foregoing, this subsection shall not apply to lands in Kent County lying east of the center line of Rt. 
113, north of the Sussex County line and south of the St. Jones River.

2.4.3It shall be unlawful for any person to set long-spring traps, “Stop-Loss” traps or jump traps larger 
than No. 1˝ or coil-spring traps larger than No. 1 in any location, except:

2.4.3.1In any marsh ordinarily subject to the rise and fall of the tide; 

2.4.3.2In a diked marsh that was formerly tidal;

2.4.3.3Below the mean high tide line in a river ordinarily subject to the rise and fall of the tide;

2.4.3.4On an island surrounded by tidal marsh or diked marsh that was formerly tidal; or









2.3.4.5In the areas described in subsection 2.4.2 of this section.

The term “diked marsh” shall not include millponds or any stream running into a millpond.

2.4.4In addition to the areas listed in subsection 2.4.3 of this section, traps described in said subsection 
may be set for river otter and/or beavers in tax ditches, millponds and streams leading into such 
ponds only by underwater sets.

2.4.5It shall be unlawful for any person to set or make use of long-spring traps, “Stop-Loss” traps or 
jump traps larger than No. 1˝ or coil-spring traps larger than No. 1 without first permanently 
attaching a metallic tag on each trap, bearing:

2.4.5.1The words “Trapping License, Delaware”, the number of the trapping license issued to the 
owner of the traps and the year of issuance; or

2.4.5.2The owner's name and address.

2.4.6It shall be unlawful for any person to set a long-spring trap, “Stop-Loss” trap, jump trap No. 1˝ or 
smaller or a coil-spring trap No. 1 or smaller in any location in this State, except in the areas 
described in subsections 2.4.3 and 2.4.4 of this section and in the following locations:

2.4.6.1A ditch; 

2.4.6.2A stream; or

2.4.6.3On land not subject to cultivation of crops due to a normally marshy condition.

2.4.7For the purposes of subsection 2.4.6 of this section, the term “ditch” shall mean a long, narrow 
channel dug into the earth as a trough for drainage or irrigation of the soil that normally contains 
flowing water.

2.4.8For the purposes of subsection 2.4.6 of this section, the term “normally marshy condition” shall 
mean land with one or more of the following associated plant groupings growing upon it: 
cordgrass, sedges, rushes, cattails, threesquare or phragmites.

2.4.9When information is furnished to a Fish and Wildlife Agent from the owner, tenant or sharecropper 
of any land that any species of wildlife is detrimental to crops, property or other interests on land 
on which he or she resides or controls, upon investigation, that Fish and Wildlife Agent may issue 
a permit to such person or his or her agent for the use of leghold traps to control said species of 
wildlife. Said permit may be issued at any time of the year.

2.4.10The setting of each trap in violation of this section shall be a separate offense.

2.5Gray Squirrel.

Hunting gray squirrels with a .17 caliber rimfire rifle, a through .22 caliber rimfire rifle or pellet firearm 
with a rifled barrel, or muzzle-loading rifle not larger than .36 caliber is permitted south of the 
Chesapeake and Delaware Canal.

2.6Muskrats.

It shall be unlawful for any person to shoot muskrats at any time, except with written permission of the 
Director.

2.7Otters.

Each otter trapped in Delaware must be tagged by an authorized representative of the Division. Each 
otter sold in Delaware or shipped out of the State must be tagged in accordance with the requirements 
of the Convention on International Trade in Endangered Species.

2.8Red Fox.

2.8.1Red foxes may be killed in accordance with § 788 of Title 7 with the following: bow and arrowlongbow and crossbow; shotgun with shot up to size 2 lead or T steel; rimfire rifle or centerfire rifle 
up to .25 caliber, using hollow point bullets with a maximum bullet weight of 75 grains; or a muzzle-
loading rifle.

2.8.2Notwithstanding subsection 2.8.1 of this section, during any deer firearms season, it shall be 
unlawful to hunt red fox with any firearm that is not also legal for deer hunting.

3 DE Reg. 289 (8/1/99)

6 DE Reg. 536 (10/1/02)

11 DE Reg. 334 (09/01/07)









(Penalty Section 7 Del.C. §103(d))

3.1Federal Laws.

It shall be unlawful for any person to hunt, buy, sell or possess any protected wildlife or part thereof, 
except in such manner and numbers as may be prescribed by the following federal laws and 
regulations promulgated thereunder: Airborne Hunting Act (16 USC § 742j-l et seq.), Eagle Act (16 
USC § 668 et seq.), Endangered Species Act (16 USC 1531 et seq.), Lacey Act (16 USC § 3371 et 
seq.), Marine Mammal Protection Act (16 USC § 1361 et seq.), and the Migratory Bird Treaty Act (16 
USC § 703 et seq.). Notwithstanding the foregoing, the federal laws and regulations shall be 
superseded by more stringent restrictions prescribed by State law or regulation of the Department.

3.2Sea Ducks.

Scoters, eiders and old squaw ducks may be taken during their special season not less than 800 yards 
seaward from the Delaware Bay shore beginning at an east/west line between Port Mahon and the 
Elbow Cross Navigation Light south to the Atlantic Ocean or in the Atlantic Ocean.

3.3Non-toxic Shot.

3.3.1Required Usage. Non-toxic shot, as defined by federal regulations, shall be required for huntingwaterfowl, rails, snipe, and moorhens hunting in Delaware. It shall be unlawful for any person to 
possess shells loaded with lead shot while waterfowl hunting waterfowl, rails, snipe, and 
moorhens.

3.3.2Maximum Shot Size. It shall be unlawful for any person to hunt, except for deer, in Delaware with 
any size non-toxic shot (as defined by federal regulations) pellet(s) larger than size T (.20 inches in 
diameter).

3.4Special Mallard Release Areas.

The Division may issue permits to allow the taking of captive-reared mallards during the established 
waterfowl season under applicable federal regulations. Permits shall only be issued to persons who: 
control at least 100 acres of land on which there is suitable waterfowl habitat; agree to follow a 
management plan and federal regulations; and maintain a log of guests and birds harvested. Failure to 
follow the management plan or a violation of State or federal laws may result in the revocation of a 
Special Mallard Release Area Permit. Waterfowl may only be hunted on Special Mallard Release 
Areas from one-half hour after sunrise to one hour before sunset.

3.5Mute Swans (Cygnus olor)

3.5.1Mute swans shall be considered an exotic, invasive species that is not subject to state protection. 
Mute swans may only be taken during legal waterfowl hunting seasons and shooting hours. The 
method of take for mute swans is restricted to shotguns no larger than 10 gauge and with non-
toxic ammunition no larger than size T.

3.5.2It shall be unlawful to possess, buy, sell, barter, trade, or transfer any live mute swan or their eggs 
to or from another person unless permitted by the Director of the Division of Fish and Wildlife.

3.5.3It shall be unlawful to release any mute swan into the wild.

3.6Special Shotgun Season for Young and Disabled Hunters

3.6.1Waterfowl may be hunted on a special day established annually by the Division for disabled (non-
ambulatory) hunters using a wheelchair for mobility and hunters 10 years of age or older but less 
than 16 years of age (10-15 years inclusive). Hunters 13-15 years of age must have completed an 
approved course in hunter training and possess a Delaware Resident or Non-Resident Junior 
Hunting License. Young hunters must be accompanied by a licensed non-hunting adult who is 21 
years of age or older. Young hunters must be of sufficient size, physical strength and emotional 
maturity to safely handle a shotgun.

3 DE Reg. 289 (8/1/99) 

6 DE Reg. 536 (10/1/02)

12 DE Reg. 496 (10/01/08)









(Penalty Section 7 Del.C. §103(d))

4.1Season Dates.

Hunting and trapping season dates will be published each year in an annual publication entitled 
“Delaware Hunting and Trapping Guide.”

4.2General. 

It shall be unlawful for any person to hunt those species of wildlife for which a season is designated at 
any time other than during that season.

4.3Protected Wildlife.

4.3.1Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any 
person to hunt any species of protected wildlife.

4.3.2It shall be unlawful for any person to sell, transport or possess any species of protected wildlife, 
except when:

4.3.2.1Otherwise provided by law or regulation of the Department; or

4.3.2.2The wildlife was lawfully taken outside of this State in accordance with the laws or 
regulations of the state or nation where the wildlife was taken.

4.4Beaver.

4.4.1Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any 
person to hunt or trap beaver during any period of the year, however, from December 1 through 
March 20, landowners (or their agents) may take up to eight beavers from their property without a 
permit, provided the beavers are causing crop or property damage.

4.4.2Beaver hides and the meat of lawfully taken beaver harvested anywhere within or outside of 
Delaware may be sold.

4.5Bullfrogs.

4.5.1Season. Bullfrogs may be hunted in accordance with the statutes and regulations of the State of 
Delaware governing the hunting of bullfrogs: from May 1 through September 30.

4.5.2Limit. It shall be unlawful for any person to take more than twenty-four (24) bullfrogs in any one 
day.

4.5.3License. A hunting or fishing license is required to take bullfrogs.

4.6Crows.

It shall be unlawful for any person to hunt common crows during any period of the year, except 
Thursdays, Fridays and Saturdays between and including the fourth Thursday of June and the last 
Saturday of March, unless said person holds a valid depredation permit. The hunting of common 
crows is restricted only by the provisions of federal regulations pertaining to the taking of common 
crows. Crows may be taken without a permit when committing damage or about to commit damage.

4.7Gray Squirrel.

4.7.1Season. Gray squirrel may be hunted in accordance with the statutes and regulations of the State 
of Delaware governing the hunting of gray squirrel: from September 15 (September 14, if 
September 15 is a Sunday) through the first Saturday in February. Squirrel hunting shall be 
unlawful during the November deer firearms season. When squirrel season overlaps with a 
firearms deer season, squirrel may be hunted when hunter orange is displayed in accordance with 
§ 718 of Title 7.

4.7.2Limit. It shall be unlawful for any person to take more than six gray squirrels in any one day.

4.8Opossum.

The opossum may only be hunted or trapped during the lawful season to hunt or trap raccoons.

4.9Pheasant.

4.9.1Season. Male pheasant may be hunted in accordance with the statutes and regulations of the 
State of Delaware governing the hunting of pheasant: from the Monday that immediately precedes 









Thanksgiving through the first Saturday in February, provided that during a deer firearms season 
hunter orange is displayed in accordance with §718 of Title 7.

4.9.2Female Pheasant. It shall be unlawful for any person to hunt or possess any female pheasant at 
any time, except as permitted on game preserves, by licensed game breeders or as otherwise 
permitted by law.

4.9.3Male Pheasant Limit. It shall be unlawful for any person to hunt or possess more than two (2) male 
pheasants in any one day during the pheasant season, except as permitted by law.

4.9.4Scientific or Propagating Purposes. It shall be unlawful for any person to possess pheasants for 
scientific and propagating purposes without a valid permit from the Director.

4.9.5Game Preserves. Nothing in this regulation shall be construed so as to limit the number or sex of 
pheasants that may be harvested by any one person on licensed game preserves.

4.10Quail.

4.10.1Season. Bobwhite quail may be hunted in accordance with the statutes and regulations of the 
State of Delaware governing the hunting of bobwhite quail: from the Monday that immediately 
precedes Thanksgiving through the first Saturday of February, provided that during a deer firearms 
season hunter orange is displayed in accordance with § 718 of Title 7.

4.10.2Limit. It shall be unlawful for any person to take more than six (6) quail in any one day.

4.11Rabbit.

4.11.1Season. Rabbits may be hunted in accordance with the statutes and regulations of the State of 
Delaware governing the hunting of rabbits: from the Monday that immediately precedes 
Thanksgiving through the last day of February or the last Saturday of February if February ends on 
a Sunday provided that during a deer firearms season hunter orange is displayed in accordance 
with § 718 of Title 7.

4.11.2Limit. It shall be unlawful for any person to take more than four (4) rabbits in any one day.

4.12Raccoon.

4.12.1Trapping Season. Raccoon may be trapped in accordance with the statutes and regulations of the 
State of Delaware governing the trapping of raccoon: from December 1 through March 10 (March 
20 on embanked meadows) in New Castle County; and from December 15 through March 15 in 
Kent and Sussex counties. The season is open throughout the year on private land, except on 
Sundays, in eastern New Castle and Kent counties pursuant to § 786 of Title 7 and Section 4(b) of 
WR-2.

4.12.2Hunting Season. Raccoon may be hunted in accordance with the statutes and regulations of the 
State of Delaware governing the hunting of raccoon: from September 1 (September 2, if 
September 1 is a Sunday) through October 31 for chase only whereby it shall be unlawful to kill 
raccoon and opossum; from November 1 through the last day of February; and from March 1 
through March 31 for chase only whereby it shall be unlawful to kill raccoon and opossum. The 
season is open throughout the year on private land in eastern New Castle and Kent counties, 
except on Sundays, pursuant to § 786 of Title 7. 

4.12.3Notwithstanding subsection 4.3.2 of this section, it shall be unlawful for any person to hunt raccoon 
or opossum during any period when it is lawful to hunt deer with a firearm, except that it shall be 
lawful to hunt raccoon from 7:00 p.m. until midnight during the December and January firearm 
deer seasons.

4.13Red Fox.

4.13.1Harvest Season. Red fox may be hunted killed in accordance with the statutes and regulations of 
the State of Delaware governing the hunting of red fox: from October 1 through April 30 for chase 
only whereby it shall be unlawful to kill red fox, except no red fox hunting shall be lawful during any 
period when it is lawful to hunt deer with a firearm November 1 through the last day of February, 
excluding Sundays. Notwithstanding the foregoing, red foxes may be killed in accordance with 
Section 8 of WR-2 and § 788 of Title 7.

4.14Ruffed Grouse.

It shall be unlawful for any person to hunt for ruffed grouse during any period of the year.









4.15Snapping Turtles.

4.15.1Season. It shall be unlawful for any person to hunt for snapping turtles during any period of the 
year, except between and including June 15 and May 15.

4.15.2Size. It shall be unlawful for any person to sell, offer for sale or kill any snapping turtle with a 
carapace length of less than eight inches, measured on the curvature.

4.16Terrapin.

4.16.1Season. It shall be unlawful for any person to hunt for diamondback terrapin during any period of 
the year, except between and including September 1 and November 15.

4.16.2Limit. It shall be unlawful for any person to take more than four (4) diamondback terrapin in any 
one day.

3 DE Reg. 289 (8/1/99) 

3 DE Reg. 1738 (6/1/00)

6 DE Reg. 536 (10/1/02)

8 DE Reg. 352 (8/1/04)

11 DE Reg. 334 (09/01/07)

13 DE Reg. 941 (01/01/10)

(Penalty Section 7 Del.C. §103(d))

7.1Limit.

7.1.1Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any 
person to:

7.1.1.1Kill or take or attempt to kill or take more than four antlerless deer in any license year;

7.1.1.2Kill or take four antlerless deer in any license year without at least two of the four deer 
being female deer; or

7.1.1.3Possess or transport an antlered deer that was unlawfully killed.

7.1.1.4Possess or transport an antlerless deer that was unlawfully killed.

7.1.1.5Kill any antlered deer without first purchasing a Delaware Resident Combination Hunter’s 
Choice Deer tag and Quality Buck Deer Tag, a Delaware Non Resident Antlered Deer Tag, 
or a Non-Resident Quality Buck Deer Tag except that persons exempt from purchasing a 
hunting license shall be entitled to take one Hunter’s Choice deer at no cost.

7.1.1.6No hunter may harvest more than two antlered deer during a license year between July 
1st. and June 30th of the next calendar year.

7.1.2For the purposes of this section, a person “driving deer” and not in possession of any weapon or 
firearm shall not be treated as if they are hunting deer, provided they are assisting lawful hunters.

7.1.3It shall be unlawful for any person to purchase, sell, expose for sale, transport or possess with the 
intent to sell, any deer or any part of such deer at any time, except that hides from deer lawfully 
killed and checked may be sold when tagged with a non-transferable tag issued by the Division. 
Said tag must remain attached to the hide until it leaves the State or is commercially processed 
into leather. This subsection shall not apply to venison approved for sale by the United States 
Department of Agriculture and imported into Delaware.

7.1.4Notwithstanding subsection 7.1.1 of this section, a person may purchase Antlerless Deer Tags for 
$10 each to kill or take additional antlerless deer during the open season. Hunters may take 
additional antlerless deer on Antlerless Deer Damage Tags an no cost.

7.1.5Notwithstanding subsection 7.1.1 of this section, a person may use one Quality Buck tag to take 
an antlered deer with a minimum outside antler spread of fifteen inches, provided the tag is valid 
for the season in which it is used. Hunters exempt from the requirement to purchase a hunting 









license must purchase a Quality Buck tag in order to take a second antlered deer in any one 
license year. 

7.2Tagging and Designated Checking Stations.

7.2.1Attaching Tags. Each licensed person who hunts and kills a deer shall, immediately after the killing 
and before removing the deer from the location of the killing, attach an approved tag to the deer 
and record in ink the date of harvest on the tag. An approved tag shall mean an Anterless Deer 
Tag or Doe Tag received with the hunting license, a Delaware Resident Quality Buck Deer Tag, a 
Delaware Resident Hunter’s Choice Deer Tag, a Delaware Non Resident Quality Buck Deer Tag, 
a Delaware Non Resident Antlered Deer Tag, an Antlerless Deer Damage Tag, or an Antlerless 
Tag purchased in addition to the hunting license tags. Any unlicensed person not required to 
secure a license shall make and attach a tag to the deer that contains the person’s name, address 
and reason for not having a valid Delaware hunting license.

7.2.2Retention of Tag. The tag required by subsection 7.1.1 of this section shall remain attached to the 
deer until the deer is presented to an official checking station for examination and tagging or 
registered by phone or over the internet, as prescribed by subsection 7.1.3 of this sectionprocessed for consumption.

7.2.3Checking Stations Registering Deer. Each person who hunts and kills a deer shall, within 24 hours 
of killing said deer, present the deer to a checking station designated by the Division or to an 
authorized employee of the Division. Hunters may also check register their deer by phone or over 
the internet through systems authorized by the Division. After registering a deer, hunters will be 
given a deer registration number. This number must be recorded in ink on the approved tags listed 
in subsection 7.2.1 of this section. It shall be unlawful to knowingly enter incorrect information 
when registering a deer.

7.2.4Dressing. It shall be unlawful for any person to remove from any deer any part thereof, except 
those internal organs known as the viscera, or cut the meat thereof into parts, until such deer has 
been examined by an authorized employee of the Division or a checking station, as prescribed by 
subsection 7.1.3 of this section or registered using the phone or internet system authorized by the 
Division.

7.2.5Receipt Tag. The Division shall issue, at a checking station or otherwise, an official receipt tag 
proving the deer was examined by an authorized employee of the Division or a checking station, 
as prescribed by subsection 7.1.3 of this section. The receipt tag shall remain with the deer until 
such time as the deer is processed for consumption or prepared for mounting. Deer checked over 
the phone or internet will be given a registration number. These deer shall be tagged by the 
hunter, butcher or taxidermist with the registration number, hunter’s first and last name, hunter’s 
date of birth, and date of kill. This tag may be homemade or be one provided by the Division and 
Deer Registratin Number. The Deer Registration number provided by the automated phone/
internet system must remain with the head and/or carcass until the mount is picked up from the 
taxidermist or the meat is processed and stored as food.

7.3Method of Take.

7.3.1Shotgun. It shall be unlawful for any person to hunt deer during the shotgun season using a 
shotgun of a caliber smaller than 20 gauge, or have in his or her possession any shell loaded with 
shot smaller than what is commonly known as “buckshot.”

7.3.2Bow and Arrow Archery and Crossbow Seasons. It shall be unlawful for any person to hunt deer 
during the longbow archery season or crossbow season and have in his or her possession any 
weapon or firearm other than a knife, a longbow or crossbow and sharpened broadhead arrows 
having minimum arrowhead width of 7/8 of an inch.

7.3.3Muzzle-loading Pistols. A single shot muzzle-loading pistol of .42 caliber or larger using a 
minimum powder charge of 40 grains may be used to provide the coupe-de-grace on deer during 
the primitive firearm season.

7.3.4Refuge in Water. It shall be unlawful for any person to shoot, kill or wound or attempt to shoot, kill 
or wound any deer that is taking refuge in or swimming through the waters of any stream, pond, 
lake or tidal waters.









7.3.5Dogs. It shall be unlawful for any person to make use of a dog for hunting during the shotgun or 
muzzleloader seasons for deer (in each county), except as permitted in the hunting of migratory 
waterfowl from an established blind or for hunting dove, quail, raccoon or rabbit on properties 
closed to deer hunting with firearms during December and January.

7.4Illegal Hunting Methods; Baiting.

It shall be unlawful for any person to set, lay or use any trap, snare, net, or pitfall or make use of any 
artificial light, or other contrivance or device, for the purpose of hunting deer. This subsection does not 
preclude the use of bait for the purpose of attracting deer in order to hunt them on private land.

7.5Seasons.

7.5.1Shotgun Seasons. Deer may be hunted with shotgun in accordance with the statutes and 
regulations of the State of Delaware governing the hunting of deer: from the Friday in November 
that precedes Thanksgiving by thirteen (13) days through the second Saturday succeeding said 
Friday; and from the Saturday that precedes the third Monday in January through the following 
Saturday in January.

7.5.2Archery Seasons. Deer may be hunted with longbow in accordance with statutes and regulations 
of the State of Delaware governing the hunting of deer: from September 1 (September 2, if 
September 1 is a Sunday) through the last day of January, provided hunter orange is displayed in 
accordance with § 718 of Title 7 when it also lawful to hunt deer with a firearm gun.

7.5.3Muzzleloader Seasons. Deer may be hunted with muzzle-loading rifles in accordance with the 
statutes and regulations of the State of Delaware governing the hunting of deer: from the Friday 
that precedes the second Monday in October through the second Saturday that succeeds the 
Friday opening day; and from the Monday that follows the close of the January shotgun season 
through the next Saturday.

7.5.4Special Antlerless Season. Antlerless deer may be hunted with a shotgun in accordance with the 
statutes and regulations of the State of Delaware governing the hunting of deer during all Fridays, 
Saturdays and Mondays in October except for during the October Muzzleloader season and the 
last Monday prior to the opening Friday of the October Muzzleloader season. Notwithstanding the 
foregoing, antlered deer may be taken with archery equipment that is legal during this October 
shotgun season. Antlerless deer may be hunted with shotgun in accordance with the statutes and 
regulations of the State of Delaware governing the hunting of deer: from the second Saturday in 
December through the third Saturday in December.

7.5.5Crossbow Seasons. Crossbows may be used in lieu of shotguns during that part of the November 
shotgun season that runs from Monday through Saturday of each year and in any shotgun or 
muzzleloader deer season open in December or January. Deer may be hunted with crossbows in 
accordance with statutes and regulations of the State of Delaware governing the hunting of deer: 
from September 1 (September 2, if September 1 is a Sunday) through the last day of January, 
provided hunter orange is displayed in accordance with 718 of Title 7 when it also lawful to hunt 
deer with a gun.

7.5.6Special Shotgun Season for Young and Disabled Hunters. Deer may be hunted on the first 
Saturday of November by disabled (non-ambulatory) hunters using a wheelchair for mobility, and 
hunters 10 years of age or older but less than 16 years of age (12 10 to 15 inclusive). Hunters 13-
15 years of age must have completed an approved course in hunter training and possess a 
Delaware Resident or Non-Resident Junior Hunting License. Young hunters must be 
accompanied by a licensed non-hunting adult who is 21 years of age or older. Young hunters must 
be of sufficient size, physical strength and emotional maturity to safely handle a shotgun.

7.6Carcass Importation Ban.

7.6.1Importation. It shall be unlawful to import or possess any carcass or part of a carcass of any 
member of the family Cervidae (deer) originating from a state or Canadian province in which 
Chronic Wasting Disease has been found in free-ranging or captive deer. Notwithstanding the 
foregoing, the following parts may be imported into the state:

7.6.1.1Boned-out meat that is cut and wrapped;

7.6.1.2Quarters or other portions of meat with no part of the spinal column or skull attached;









7.6.1.3Hides or capes with no skull attached;

7.6.1.4Clean (no meat or tissue attached) skull plates with antlers attached;

7.6.1.5Antlers (with no meat or tissue attached); 

7.6.1.6Upper canine teeth (buglers, whistlers, or ivories); and

7.6.1.7Finished taxidermy products.

7.6.2Carcass Notification. Any person who imports into Delaware any deer carcass or parts described 
in subsection 7.6.1 of this section and is notified that the animal has tested positive for Chronic 
Wasting Disease must report the test results to the department within 72 hours of receiving the 
notification. In order to facilitate the proper disposal of any infected material, the department may 
take into possession any imported carcass or carcass part of an animal if the animal has tested 
positive for Chronic Wasting Disease.

3 DE Reg. 289 (8/1/99) 

6 DE Reg. 536 (10/1/02) 

8 DE Reg. 352 (8/1/04)

11 DE Reg. 334 (09/01/07)

12 DE Reg. 496 (10/01/08)

3921Guide License

Penalty Section 7 Del.C. §103(d))

21.1Persons required to obtain a Delaware Guide License

21.1.1All individuals receiving monetary or in-kind compensation for providing personal guide services to 
hunters are required to have a Delaware Guide License.

21.2Age Requirement

21.2.1Persons acquiring a guide license, must be 18 years of age or older

21.3Fish and Wildlife Violations

21.3.1Persons acquiring a guide license must not have been convicted for violations of any wildlife or 
fisheries statutes or regulations within the last three years prior to applying for a Delaware Guide 
License.

21.4Reporting

21.4.1All persons possessing a Delaware Guide License are required to complete and submit an annual 
report to the Division within seven days after the close of the season to include the following 
information which must be readily available for inspection by enforcement officers: full name of 
each hunter, address of each hunter in the party, hunting license number for each hunter, date, 
number and species of each animal harvested, location of hunts and the name and license 
number of the guide.

21.5 Record Retention

21.5.1The guide shall retain all hunting field records for a period of three years.

21.6General Hunting License

21.6.1A resident or non resident hunting license is not required for persons holding a valid Delaware 
Guide License.

21.6.2A nonresident shall be exempt from the guide licensing requirement of this section only while 
guiding hunters for snow geese (light geese), provided:

21.6.2.1The nonresident is properly licensed to guide in another state or Canadian province which 
extends the same exemption to Delaware residents;

21.6.2.2The nonresident guide purchases a Delaware migratory waterfowl stamp and obtains a 
Delaware H.I.P. permit.

12 DE Reg. 496 (10/01/08)









3922Hunter and Trapper Identification Number

Hunters and trappers who are exempt from purchasing a license to hunt or trap in Delaware are 
required to obtain an annual Hunting and Trapping Identification Number from the Division, at no cost. 
This number must be present on the hunter or trappers person while engaged in hunting and trapping 
activities.





DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 24 Delaware Code, Section 105(a)(1) (24 Del.C. §105(a)(1))

24 DE Admin. Code 100



DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 24 Delaware Code, Section 2509 (24 Del.C. §2509)

24 DE Admin. Code 2500









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



2402 Delaware Manual on Uniform Traffic Control Devices, Parts 2, 3, and 6







DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 612







OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 736







736 Local School District and Charter School Citizen Budget Oversight Committees
1.0Purpose

1.1The purpose of this regulation is to outline procedures, criteria and responsibilities related to the local 
school district and charter school Citizen Budget Oversight Committees required pursuant to 14 Del.C.
§1508. The Citizen Budget Oversight Committee is solely established to oversee the financial position 
of the local school district or charter school it is assigned to oversee. The local school board or charter 
school board shall retain all policy and decision-making authorities granted pursuant to Delaware 
Code.

2.0Definitions

"Certificate of Completion" means the document provided by the Department of Education indicating the 
individual has attended and completed the Citizen Budget Oversight Committee training.

"Charter School" shall mean a school pursuant to 14 Del.C., Ch. 5.

"Local School District" shall mean a reorganized school district or vocational technical school district 
established pursuant to 14 Del.C., Ch. 10.

"Trainer" means an individual approved by the Secretary of Education to provide the Citizen Budget 
Oversight Committee training.

3.0Committee Members for Local School Districts

3.1Each Local School District shall be required to establish a Citizen Budget Oversight Committee 
(Committee) no later than June 1, 2010. The Committee shall have access either electronically or in 
hard copy format to financial documents and financial information the Local School District has in its 
possession and that are relevant to the financial position of the district, with redactions permitted only 
to protect confidential personal information regarding students or employees [as permitted by the 
state’s Freedom of Information Act].

3.2The Committee shall have at least five (5) members with representation from parents, educators and 
taxpayers residing in the district. In addition, where possible, the Committee shall have at least two 
members with formal educational or vocational backgrounds amenable to oversight of school district 
financial statements. Further provided, Committee members shall not be compensated, except for 
allowable mileage for training or similar activities, for participation on such Committee.

3.3Each Local School district may establish its own policy for its Citizen Oversight Budget Committee. 
The Local School District, if it chooses to establish its own policy, shall submit the policy to the 
Department within ninety (90) calendar days of the effective day of this regulation. The Associate 
Secretary for Finance and Services shall review the proposed policy and make a decision within fifteen 
(15) work days to approve or request revisions. The decision to approve or request revisions shall be 
based on whether the policy meets the provisions in 3.4

3.3.1If the Department does not approve the submitted policy, the Department shall provide comment 
for areas requiring revisions within fifteen (15) work days of receipt of the proposed policy. The 







Local School District may submit a revised policy. If the revised policy is not subsequently 
approved, the Local School District shall follow the Department’s Citizen Budget Oversight 
Committee policy for Local School Districts pursuant to 3.4. In addition, a Local School District 
may not resubmit a policy for approval more than one time during a fiscal year.

3.4The Department’s Citizen Budget Oversight Committee membership provisions shall be as follows:

3.4.1Use the application form as developed and approved by the Department that delineates standard 
application language and additional information that includes, but is not limited to, the following:

3.4.1.1Membership pursuant to 3.2;

3.4.1.2Conflict of interest, and disqualification from membership upon identification thereof, 
criteria;

3.4.1.3Selection, or removal, of the Chairperson to be determined by a majority of the 
membership of the committee;

3.4.1.4Term length of two (2) years with option to extend to no more than three (3) additional 
terms based on the majority vote of the existing members of the Committee; however, a 
member may terminate his or her position upon written notice to the Chairperson; and

3.4.1.5Experience and statement for reason for participation on the Committee.

3.4.2Post the request for Committee members for at least fifteen (15) work days on its website and all 
school building main entrance doors;

3.4.3Identify and post on its website the Selection Committee that consists of one educator from the 
district, one local school board member, one member of the local teacher’s union, and at least two 
parents or community members who are not district employees or local school board members; 
and

3.4.4Use the selection rubric developed and approved by the Department of Education.

3.5Notwithstanding the above, a Local School District with an established citizen budget oversight 
committee or similar type of citizen committee established for financial oversight may submit a request 
to the Associate Secretary of Finance and Services for this established committee to be considered 
the Citizen Budget Oversight Committee pursuant to this regulation as long as the membership meets 
3.2 of this regulation. The request shall be made in writing and the Associate Secretary of Finance and 
Services shall respond within fifteen (15) work days whether to approve such established committee to 
meet the requirements of this regulation. Upon the effective date of this regulation, any new members 
or membership solicitation shall be subject to the provisions herein.

OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 805









805 The School Health Tuberculosis (TB) Control Program
1.0Definitions

“New School Enterer” means any child between the ages of one year and twenty one (21) years entering 
or being admitted to a Delaware public school for the first time, including but not limited to, foreign 
exchange students, immigrants, students from other states and territories, and children entering from 
nonpublic schools. For purposes of this regulation, “new school enterer” shall also include any child 
who is re-enrolled in a Delaware public school following travel or residency of one month in a location 







or facility identified by the Delaware Division of Public Health as an area at risk for TB tuberculosis 
exposure.

"School Staff and Extended Services Personnel" means all persons hired as full or part time employees 
in a public school who are receiving compensation to work directly with students and staff. This 
includes, but is not limited to teachers, administrators, substitutes, contract employees, bus drivers 
and student teachers whether compensated or not.

"Tuberculosis Risk Assessment" means a formal assessment by a healthcare professional to determine 
possible tuberculosis exposure through the use of a health history or questionnaire. 

"Tuberculosis Test" means a Mantoux skin test, Quantiferon Gold blood test, or other test approved by 
the Delaware Division of Public Health.

“Verification” means a documented evaluation of the individual’s disease status.

“Volunteers” mean those persons who give their time to help others for no monetary reward and who 
share the same air space with public school students and staff on a regularly scheduled basis.

2.0School Staff and Extended Services Personnel

2.1School sStaff and eExtended sServices personnel shall provide the Mantoux tuberculin skin test 
Tuberculosis Test results from a test administered within the past 12 months during the first 15 working 
days of employment.

2.1.1Tuberculin skin test Tuberculosis Test requirements may be waived for public school staff and 
extended services personnel who present a notarized statement that tuberculin skin testing 
tuberculosis testing is against their religious beliefs. In such cases, the individual shall complete 
the Delaware Department of Education TB Health Questionnaire for School Employees or provide, 
within two (2) weeks, verification from a licensed health care provider or the Division of Public 
Health that the individual does not pose a threat of transmitting tuberculosis to students or other 
staff.

2.1.1.1If a school staff member or extended services person, who has received submitted a 
waiver because of religious beliefs, answers affirmatively to any of the questions in the 
Delaware Department of Education TB Health Questionnaire for School Employees he/
she shall provide, within two (2) weeks, verification from a licensed health care provider or 
the Division of Public Health that the individual does not pose a threat of transmitting 
tuberculosis to students or other staff.

2.1.2Student teachers School Staff and Extended Services Personnel need not be retested if they 
move[, within Delaware,] from district to district, as part of their student teaching assignmentsdistrict to charter school, [charter school to district,] or charter school to charter school within a 
five year period; however, a copy of the result of the latest Tuberculosis Test shall be provided to 
the new district or charter school within sixty (60) days.

2.2Every fifth year, by October 15th, all public school staff and extended services personnel shall 
complete the Delaware Department of Education TB Health Questionnaire for School Employees or, 
within two (2) weeks, provide Mantoux tuberculin skin test Tuberculosis Test results administered 
within the last twelve (12) months.

2.2.1If a school staff member or extended services staff member answers affirmatively to any of the 
questions in the Delaware Department of Education TB Health Questionnaire for School 
Employees he/she shall provide, within two (2) weeks, verification from a licensed health care 
provider or the Division of Public Health that the individual does not pose a threat of transmitting 
tuberculosis to students or other staff.

2.3All documentation related to the School Health Tuberculosis (TB) Control Program shall be retained in 
the same manner as other confidential personnel medical information.

3.0Volunteers

3.1Volunteers shall complete the Delaware Department of Education’s TB Health Questionnaire for 
Volunteers in Public Schools prior to their assignment and every fifth year thereafter.







3.1.1If the volunteer answers affirmatively to any of the questions, he/she shall provide, within two (2) 
weeks, verification from a licensed health care provider or the Division of Public Health that the 
individual does not pose a threat of transmitting tuberculosis to the students or staff.

3.2Each public school nurse shall collect and monitor all documentation related to the volunteer’s School 
Health Tuberculosis (TB) Control Program and store them in the school nurse’s office in a confidential 
manner.

4.0New School Enterers

4.1New school enterers shall [show] proof of tuberculin provide tuberculosis screening results as 
described in 4.1.1 and 4.1.2 including from either results from the Mantoux Tuberculin test or the 
results of a tuberculosis risk assessment a Tuberculosis Test or the results of a Tuberculosis Risk 
Assessment administered within the past 12 months prior to school entry. Multipuncture skin tests will 
not be accepted.

4.1.1If the new school enterer is in compliance with the other school entry health requirements, a 
school nurse who is trained in the use of the Delaware Department of Education TB Risk 
Assessment Questionnaire for Students may administer the questionnaire to the student’s 
parent(s), guardian(s) or Relative Caregiver or to a new school enterer who has reached the 
statutory age of majority (18).

4.1.1.1If a student’s parent(s), guardian(s) or Relative Caregiver or a student 18 years or older 
answers affirmatively to any of the questions, he/she shall, within two (2) weeks, provide 
proof of Mantoux tuberculin skin test tuberculosis testing results or provide verification 
from a licensed health care provider or the Division of Public Health that the student does 
not pose a threat of transmitting tuberculosis to staff or other students.

4.2School nurses shall record and maintain documentation relative to the School Health Tuberculosis 
(TB) Control Program.

5.0Tuberculosis Status Verification and Follow up

5.1Tuberculosis Status shall be determined through the use of a tuberculosis risk assessment, tuberculin 
skin test and other testing, which may include xray Tuberculosis Risk Assessment, Tuberculosis Test 
or other testing, which may include x-ray or sputum culture. Individuals who either refuse the tuberculin 
skin test Tuberculosis Test or have positive reactions to the same, or give positive responses to a 
tuberculosis risk assessment shall provide verification from a licensed health care provider or the 
Division of Public Health that the individual does not pose a threat of transmitting tuberculosis to staff 
or other students.

5.1.1Verification shall include Mantoux results recorded in millimeters (if test were was administered), 
or other Tuberculosis Test results, current disease status (i.e. contagious or noncontagious), 
current treatment (or completion of preventative treatment for TB tuberculosis) and date when the 
individual may return to his/her school assignment without posing a risk to the school setting.

5.1.2Verification from a health care provider or Division of Public Health shall be required only once if 
treatment was completed successfully.

5.1.3Updated information regarding disease status and treatment shall be provided to the public school 
by October 15 every fifth year if treatment was previously contraindicated, incomplete or unknown.

5.1.4Persons with a positive Tuberculosis Test, without active disease, who do not receive prophylactic 
treatment shall be excluded from school in the event of showing any signs or symptoms of active, 
infectious disease as described by the Division of Public Health.

5.2In the event an individual shows any signs or symptoms of active TB tuberculosis infection, he/she 
must shall be excluded from school until all required medical verification is received by the school. 
During the specified verification and follow-up an [asymptomic asymptomatic] individual, as 
described by the Division of Public Health, may remain in school until testing and evaluations are 
completed, but no longer than six (6) weeks.

1 DE Reg. 1971 (6/1/98)







3 DE Reg. 440 (9/1/99)

8 DE Reg. 1134 (2/1/05)





DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)



DSSM: 3033 Interim Assistance Reimbursement







http://www.ssa.gov/gso/gsowelcome.htm. 

DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)





DSSM: Child Care Subsidy Program 11006.5.1 Terminating Providers







This policy applies to all providers, including self-arranged clients.

DSS May Terminate Providers with Just Cause

1.The Division of Social Services may terminate any provider or self-arranged client from the Child Care 
Subsidy Program (Purchase of Care) if she or he:

A.Has a suspended, closed or terminated Office of Child Care Licensing (OCCL) license.

B.Is convicted of committing fraud against DHSS.

C.Charges fees not allowed by the Child Care Contract, Division policy, or a Division approved waiver; 
has failed to reimburse those fees and has repeated offenses in this area.

D.Charges Purchase of Care Plus fees when she or he is not a DSS authorized POC Plus provider.

E.Does not keep accurate records per the DSS Child Care Contact; has had repeated offenses, has 
been counseled and has failed to meet the requirements of a corrective action plan agreed upon with 
the Child Care Monitor.

F.Does not keep an open bank account to receive direct deposit payments from the Child Care Subsidy 
Program. Direct deposit is mandatory for all DSS child care subsidy providers effective May 1, 2008.

2.In addition to the items mentioned above, the Division of Social Services may terminate any relative care 
provider from the Child Care Subsidy Program (Purchase of Care) if she or he:

A.Does not complete the 45 hours of mandatory health and safety training hours within 18 months of 
becoming a relative or non-relative care provider as outlined in the initial orientation session.

B.Has an unsuitable criminal history or a member of the provider's household has an unsuitable criminal 
history. DSS uses Office of Child Care Licensing (OCCL) guidelines and Title 11, Chapter 85 of the 
Delaware Code to determine unsuitable criminal history.









DEPARTMENT OF JUSTICE
DELAWARE VIOLENT CRIMES COMPENSATION BOARD
Statutory Authority: 11 Delaware Code, Section 9004 (11 Del.C. §9004)



301 Violent Crimes Compensation Board Victims’ Compensation Assistance Program Rules and 
Regulations
1.0Statement Of Goals (Formerly Rule III)

1.1The Violent Crimes Compensation Board Victims’ Compensation Assistance Program, hereby, 
declares that it serves a public purpose, and is of benefit to the victims of violent crimes committed 
within the State of Delaware, and to Delaware residents who are victims of crimes committed in States 
that do not have a funded Victim Compensation Program offering equivalent benefits. It is the purpose 
of the Violent Crimes Compensation Board Victims’ Compensation Assistance Program to promote the 
public welfare by establishing a means of meeting the additional hardships imposed upon the innocent 
victim of certain crimes, and the family and dependents of those victims and Delaware residents who 
are victimized by terrorist attacks committed inside or outside the United States.

12 DE Reg. 1193 (03/01/09)

2.0Definitions (Formerly Rule I)

2.1The definitions set forth in 11 Del.C. Ch. 90 of the Delaware Criminal Code are, hereby adopted by this 
Board, and incorporated by reference in these rRules which reads as follows: Section 9002. "The 
following words, terms and phrases, when used in this Act these Rules, shall have the meanings 
ascribed to them except where the context clearly indicates a different meaning:









"Agency" shall mean the Victims' Compensation Assistance Program, or VCAP.

"Appeals Board' shall mean the Violent Crimes Compensation Board as established by this Act;
Victims' Compensation Assistance Program Appeals Board, or VCAPAB.

‘Child’, shall mean an unmarried person who is under eighteen years of age, and shall include the 
step-child or adopted child of the victim, or child conceived prior to, but born after, the personal injury 
or death of the victim.

"Council" shall mean the Victims' Compensation Assistance Program Advisory Council, or VCAPAC.

‘Crime' for purposes of this Chapter shall mean:

(1)any specific offense set forth in Chapter 5 of Title 11 of the Delaware Criminal Code as the 
same appears in Chapter 497, Volume 58, Laws of Delaware, if the offense was committed after 
the effective date of said Criminal Code and contains the characteristics of murder, rape, unlawful 
sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, 
kidnapping, arson, burglary, riot, robbery, unlawful use of explosives, [or] unlawful use of firearms, 
stalking, endangering the welfare of a child, driving under the influence of any alcohol or drug or 
driving with a prohibited blood alcohol concentration, or hit-and-run, or any act of domestic 
violence or abuse;

(2)any specific offense set forth in Chapter 3, Title 11 of the Delaware Code if such offense was 
committed prior to the effective date of the Delaware Criminal Code, as set forth in Chapter 497, 
Volume 58, Laws of Delaware, and contains the characteristics of murder, rape, manslaughter, 
assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives, or unlawful use of 
firearms;

(3)Any specific offense occurring in another state possession or territory of the United States in 
which a person whose domicile is in Delaware is a victim, if the offense contain the characteristics 
of murder, rape, manslaughter, assault, kidnapping, arson, burglary, riot robbery, unlawful use of 
explosives or unlawful use of firearms as set forth in Chapter 5 of this title. (66 Del. Laws, c. 269, 
Section 11.)

(4)Any specific act of delinquency by a child, which if committed by an adult would constitute a 
specific offense set forth in Chapter 5 of this Title, and contains the characteristics of murder, rape, 
unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, 
assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives or unlawful use of 
firearms;

(5)An act of terrorism, as defined in 18 U.S.C. §2331, committed outside, or inside, the United 
States against a resident or domiciliary of this State. 

‘Dependent' shall mean a person wholly or substantially dependent upon the income of the victim at 
the time of the victim's death, or would have been so dependent but for the incompetency of the victim 
due to the injury from which the death resulted, and shall include a child born after the death of such 
victim;

"Executive Director" shall mean the Executive Director of the Victims' Compensation Assistance 
Program. [§9005(b)]

‘Guardian' shall mean a person, governmental instrumentality, or private organization entitled by law 
or legal appointment to care for and manage the person or property, or both, of a child or incompetent;

‘Incompetent' shall mean a person who is incapable of managing his own affairs, as determined by 
the Board or by a court of competent jurisdiction;

‘Personal Injury' shall mean bodily harm, mental, emotional, or psychological harm, and shall include 
pregnancy of the victim resulting from the crime.

‘Pecuniary Loss' in instances of personal injury shall include medical expenses, including psychiatric 
care, non-medical remedial care and treatment rendered in accordance with a religious method of 
healing; hospital expenses; loss of past earnings; crime scene cleanup, moving expenses, essential 
personal safety property, insurance deductibles, and loss of future earnings, including, but not limited 
to, reimbursement for vacation, sick, and compensatory time because of a disability resulting from 
such personal injury. ‘Pecuniary Loss' in instances of death of the victim shall include funeral and burial 









expenses and loss of support to the dependents of the victim. Pecuniary loss includes any other 
expenses actually and necessarily incurred as a result of the personal injury or death, but it does not 
include property damage. Pecuniary loss", as defined in §9002, shall include only the net amount of 
enumerated expenses actually and necessarily sustained as a result of personal injury or death 
occurring due to a crime. Compensation for increased rent or mortgage payments due to relocation of 
the victim as a result of the crime shall be limited to the net amount of any increase.

"Permanent and total disability" for purposes of §9007(d) shall mean that a victim has sustained a 
personal injury that prevents the victim from working or functioning, and from which no recovery is 
expected, within reasonable medical certainty.

“Secondary Victim” shall mean any parent, stepparent, grandparent, son, daughter, spouse, sibling, 
half-sibling, fiancée, caretaker of the victim; any child who resides on a regular or semi-regular basis 
with any adult who is the victim of, or convicted of, any crime involving an act of domestic violence; the 
parents of a victim's spouse; or any other person who resided in the victim's household at the time of 
the crime or at the time of the discovery of the crime.

‘Victim' shall mean a person who is injured or killed by the act of any other person during the 
commission of a crime as defined in this Chapter.

12 DE Reg. 1193 (03/01/09)

3.0Quorum (Formerly Rule XXIII)

3.1Three members shall constitute a quorum for all hearings and business of the Appeals Board, except a 
hearing in which the claimant has requested no more than $5,000.00 compensation and in that 
instance a quorum of the Board shall be one (1) member. Where an opinion is divided, the majority 
shall prevail.

3.2A single member of the Appeals Board shall be contacted, and, if available, shall participate with 
VCAP in the review of an emergency claim pursuant to 11 Del.C. §9006(c)(1).

3.3Pursuant to 11 Del.C. §9006(c)(2), a single Appeals Board member shall, in conjunction with the 
Agency, determine the award for any claim exceeding $12,500.

3.4When an Appeals Board member has been involved in the initial determination of a claim pursuant to 
Rules 3.2 or and 3.3, that member is obligated to recuse himself or herself from any subsequent 
consideration by the Appeals Board of that claim.

3.5Any Appeals Board member with a direct or indirect interest in a matter before the Appeals Board shall 
recuse himself or herself from any consideration of that matter, and such recusal shall be noted in the 
record of the pending matter.

12 DE Reg. 1193 (03/01/09)

4.0Meetings Advisory Council (Formerly Rule XXIV)

4.1Meetings of the Council shall be held upon notice by the Chairman or the Executive Director mailed by 
the Council to all interested persons and agencies at least ten days before the meeting date, at such 
time and place directed set by the Council.

4.1.1The Board Council will maintain a running agenda of all business matters to be discussed and 
acted upon. Following the hearing of claims, the Board, at its discretion and as time permits, may 
convene a session to address any matters on its running agenda.

4.1.2A meeting solely for the purpose of addressing Board business shall be held within 30 days. 
Adopted October 17, 1991. Revised January 7, 1993.

4.2Records of the Council shall be maintained by the Executive Director. All requests for official 
information, copies of official records, or opportunity to inspect public records of the Council shall be 
made to the Executive Director. Public access to records maintained by the Advisory Council shall be 
governed by the Freedom of Information Act, 29 Del.C. Ch. 100.

4.3All minutes, findings, orders and other actions of the Council shall be authenticated or signed by the 
Chair of the Council or such other person designated by the Council.

12 DE Reg. 1193 (03/01/09)









5.0Seal (Formerly Rule XXV)

5.1The Appeals Board shall have a seal for authentication of its orders, awards and proceedings, upon 
which shall be inscribed the words VIOLENT CRIMES COMPENSATION BOARD VICTIMS’ 
COMPENSATION ASSISTANCE PROGRAM APPEALS BOARD, STATE OF DELAWARE.

12 DE Reg. 1193 (03/01/09)

6.0Rules Of Evidence (Formerly Rule IX)

The Board is not bound by the Rules of Evidence. Hearsay evidence is admissible.

12 DE Reg. 1193 (03/01/09)

76.0Availability Of Rules (Formerly Rule XX)

The rules of the VCAP, the Council, and the Appeals Board shall be available to the public at the office 
of the Violent Crimes Compensation Board VCAP, and online through the Board’s VCAP website. A 
copy of these rules and regulations shall be on file with all County law libraries.

12 DE Reg. 1193 (03/01/09)

87.0Construction Of Rules (Formerly Rule XXI) 

These rules shall be liberally construed to accomplish the purpose of 11 Del.C. Ch. 90, as amended, 
and the goals set forth in Rule 1.

12 DE Reg. 1193 (03/01/09)

98.0Amendments Of Rules (Formerly Rule XXII)

98.1New rules may be adopted and any rules may be amended or rescinded by the Board Council at a 
regular or special meeting, pursuant to 11 Del.C. §9004(a).

98.2New rules, amendments, or revisions shall become effective the date approved by the Board 
according to 11 Del.C. Ch. 90, §9004(d), which reads as follows: “The Board shall have the following 
functions, powers, and duties:

Section 9004(d) ‘to adopt, promulgate, amend, and rescind such rules and regulations as are 
required to carry out the provisions of this Chapter’.” pursuant to the provisions of the 
Administrative Procedures Act, 29 Del.C. Chapter 101.

12 DE Reg. 1193 (03/01/09)

109.0The Secretary; Filing Of Papers (Formerly Rule IV)

109.1The Secretary Executive Director shall have custody of the Appeals Board's seal and the official 
records of VCAP and the Appeals Board, and shall be responsible for the maintenance and custody of 
the docket, files, and records, of the Board, and of its findings, determinations, reports, opinions, andorders rules, regulations and approved forms of VCAP and the Appeals Board [§9005(c)].

109.2All orders and other actions of VCAP and the Appeals Board shall be authenticated or signed by the 
Secretary or other person as may be authorized by the Board Executive Director.

109.3All pleadings or papers required to be filed with VCAP or the Appeals Board shall be filed in the office 
of the Board VCAP within the time limit, if any, fixed by law or Board rule for such filing; and similarly all 
requests for official information, copies of official records, or opportunity to inspect public records shall 
be made to the Secretary of the Board.

109.4All requests for official information, copies of official records, or opportunity to inspect public records 
shall be made to the Executive Director. Crime Public access to crime victims’ case files and records 
maintained by VCAP and the Violent Crimes Compensation Appeals Board shall fall under be 
governed by the open records provision of the Freedom of Information Act, 29 Del.C. Ch. 100, and 
specifically 29 Del.C. §10002(g)(14).

109.5Communications addressed to VCAP and the Appeals Board and all petitions, and other pleadings, all 
reports, exhibits, dispositions, transcripts, orders and other papers or documents, received or filed in 









the office kept by the Secretary Executive Director, shall be stamped showing the date of the receipt or 
filing thereof.

12 DE Reg. 1193 (03/01/09)

110.0Forms (Formerly Rule XIII)

The Board VCAP shall prepare and furnish claim forms and brochures, and shall provide for the online 
filing of claims.

12 DE Reg. 1193 (03/01/09)

121.0Filing Of Claims (Formerly Rule V)

121.1In addition to all other statutory requisites, claims must be filed in the office of VCAP on official forms 
which include subrogation, authorization, and consent agreements. Except for claims on behalf of a 
child victim subject to Section 9010(d), claims must be filed in the office of the Violent Crimes 
Compensation Board, within one year of the date of the crime, unless an extension is granted by the 
Agency.

121.2If the Board VCAP, in its investigation of a claim, requires further documentation from the claimant, 
such documentation must be submitted to the Board VCAP no later than 45 days of the date of the 
Board’s VCAP’s request.

121.3A victim who seeks compensation for temporary housing, rent, security deposit, furniture and/or 
moving expenses must submit documentation, to include an old and new lease, within 45 days of the 
Board’s VCAP’s request therefor, unless an extension is granted by the Agency.

121.4If the victim seeks compensation for an injury sustained while in the course and scope of employment, 
the victim must submit a claim for worker's compensation, and provide documentation thereof, before 
making application to the Board VCAP for compensation.

12 DE Reg. 1193 (03/01/09)

132.0Publication Of Claims Access to Records (Formerly Rule XIX)

VCAP, the Advisory Council, and Tthe Appeals Board shall maintain confidentiality of records in 
accordance with the open records provision of the Freedom of Information Act, 29 Del.C. Ch. 100, and 
specifically 29 Del.C. §1004(g)(7).

12 DE Reg. 1193 (03/01/09)

143.0Investigation Of Determination of Claims (Formerly Rule VIII)

143.1All claimants must fully cooperate with investigators or representatives of this agency VCAP in order to 
be eligible for an award. In the event that cooperation is refused or denied, the Board VCAP may deny 
a claim for lack of cooperation.

143.2Any claimant who is dissatisfied with the initial decision of the Agency may, within 15 days of the date 
a decision is mailed, request reconsideration of the claim by the Agency. The request should include 
any additional information from the claimant that supports the claim request. The Executive Director 
shall review the request and any information provided by the claimant, and render a final decision. 
[§9009(d); §9012(c)]

143.3The Agency may arrange for a physical or mental health examination of an injured person filing a 
claim, to be performed by a physician or practitioner selected by the Agency. A written report of such 
examination shall be filed by the attending physician with the Agency. The physicians's fee shall be 
paid directly by the Agency.

143.4Except as set forth in Section 9009 (11) and (13), and in cases of sexual abuse of a minor by an adult, 
the Agency shall not reopen or reinvestigate a case after the expiration of two (2) years from the date 
of the final determination rendered by the Agency. The standard governing such an application shall be 
that set forth in Superior Court Civil Rule 60 (b), namely that relief shall be granted only in the event of 
mistake, excusable neglect, newly-discovered evidence, fraud, illegality, or other grounds recognized 
by the Agency. [Source: §9009(j)]









143.5Where the Agency has made an initial determination and award, a victim or claimant may submit 
additional requests for compensation arising out of the same crime within two years of the date of the 
initial determination by the Agency.

143.6Where a victim applies for additional compensation for expenses incurred more than one year from the 
crime occurrence, the Agency may require a new physical or mental examination, in order to ascertain 
causal connection to the original occurrence.

143.7Under the circumstances set forth in subsection (13) of 11 Del.C. §9009, as amended, a victim or 
secondary victim may apply for reimbursement for: the cost of mental health counseling services, not 
to exceed fifty sessions; reasonable expenses incurred due to attendance at criminal proceedings; and 
expenses for essential personal safety property, not to exceed $1,500; provided that such costs were 
incurred within one year before or two years after the date of the reopened investigation, judicial or 
administrative proceeding, release, or execution.

12 DE Reg. 1193 (03/01/09)

154.0Burden Of Proof (Formerly Rule VI)

154.1In compensation cases, the burden of proof shall be upon the petitioner claimant. It is also the victim's 
burden to prove that he or she was an innocent victim of a violent crime, and that he or she cooperated 
in the apprehension and/or conviction of the perpetrator of the crime.

154.2The victim claimant also has the burden of proving that he/she sustained a loss or incurred an expense 
as a result of a violent crime that is compensable according to the statutory authority and the Rules of 
the Board Victims’ Compensation Assistance Program.

12 DE Reg. 1193 (03/01/09)

165.0Exhibits (Formerly Rule VII)

Exhibits and case file documents submitted prior to, during, or after the Violent Crimes 
Compensation Appeals Board’s hearings shall be maintained in accordance with the provisions of 
the Department of State, Bureau of Archives and Records Management.

12 DE Reg. 1193 (03/01/09)

176.0Subpoenas, Etc. (Formerly Rule XIV)

176.1Any Appeals Board member, and the Executive Director, shall have the power to administer oaths, 
subpoena witnesses, and compel the production of books, papers, and records relevant to any 
investigation or hearing authorized by 11 Del.C. §9015 9019.

176.2The Appeals Board or any staff member may take, or request, affidavits and depositions of witnesses 
residing within or without of the State.

12 DE Reg. 1193 (03/01/09)

187.0Hearings (Formerly Rule X)

187.1Notice of hearings shall be posted in the office of the Violent Crimes Compensation Board VCAP and 
online at the Board Agency website at least seven days prior to the scheduled hearing dates. Special 
meetings or rescheduled hearings shall be posted no later than 24 hours prior to the scheduled time.

187.2The Appeals Board is not bound by the Rules of Evidence. Hearsay evidence is admissible, if deemed 
reliable by the Appeals board.

18.27.3The Appeals Board may receive as evidence, any statements, documents, information or material, it 
finds are relevant and of such nature as to afford the parties a fair hearing. The Board may also accept 
police reports, hospital records and reports, physicians reports, etc., as proof of the crime and injuries 
sustained, without requiring the presence of the investigating officer or attending physician at the 
hearing.

18.3Any claimant may request to be heard by the Board following the initial claim hearing, if he/she is 
dissatisfied with the decision of the Board. The request to be heard before the Board must be in writing 









and must be received in the office of the Violent Crimes Compensation Board within 15 days of the 
Board’s decision. The written statement must include any and all reasons for the dissatisfaction.

187.4The Board may arrange for a medical or mental health examination by a physician designated by the 
Board. A written report of such examination shall be filed by the attending physician with the Board. 
The physicians's fee shall be paid directly by the Board. The Appeals Board shall have the discretion 
to exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence. [Source 29 
Del.C. §10125(b)(3) and (4). Former Rule 6.0]

187.5All witnesses shall testify under oath (or by affirmation), and a record of the proceedings shall be 
recorded. The Appeals Board members may examine the claimant and all witnesses.

187.6Claim Appeals Board hearings shall be open to the public. However, the Appeals Board may hold 
private deliberations under the following circumstances:

187.6.1When the claim to be considered derives from any sexual offense;

187.6.2When the claim to be considered derives from any offense by a child, unless such child has been 
deemed amenable to the jurisdiction of a criminal court;

187.6.3When the claim to be considered derives from any matter not yet adjudicated.

187.7A claim under $5,000.00 may be heard by one Board Member Within 90 days of the conclusion of any 
and all hearings before the Appeals Board, the Appeals Board shall mail a written final decision to the 
claimant. The decision shall state whether the claim had been denied or an award has been made to 
the claimant, shall set forth the contentions of the parties, and the findings of fact and the conclusions 
of law reached by the Appeals Board, and shall set forth any and all conditions governing an award.

187.8A request to reopen a claim may be heard by one Member if the reopen request for compensation is 
less than $5,000.00. If the reopen request for compensation is more than $5,000.00, the request to 
reopen shall be heard by a quorum of the Board.

187.9If a claim is filed more than one (1) year after the crime occurrence, or if the claim was reported to law 
enforcement more than 72 hours after the commission of the crime, the claim may be reviewed by one 
member to accept or deny for processing.

187.10Under no circumstances shall the Board reopen or reinvestigate a case after the expiration of two (2) 
years from the date of decision rendered by the Board.

187.11Where a victim applies for additional compensation for expenses incurred more than one year from the 
crime occurrence, the Board may require a new physical or mental examination, in order to ascertain 
causal connection to the original occurrence.

12 DE Reg. 1193 (03/01/09)

198.0Attorneys (Formerly Rule XI)

198.1Claimants have the right to be represented before the Agency and the Appeals Board by an attorney, 
who is licensed to practice in the State of Delaware. The attorney shall file a notice of appearance.

198.2Service upon the claimant's attorney shall be deemed as service on the party he represents.

18.3An attorney licensed in a jurisdiction other than Delaware who seeks to represent a client before the 
Agency or the Appeals Board must first comply with the Rules of the Supreme Court of the State of 
Delaware regarding pro hac vice admission to practice.

12 DE Reg. 1193 (03/01/09)

2019.0Attorney Fees (Formerly Rule XII)

2019.1The attorney representing a claimant before this the Appeals Board must submit an affidavit setting 
forth the total number of hours expended and describe the nature of the work performed.

2019.2The Attorney's fees shall not exceed $1,000.00.

2019.3Attorney's fees shall be awarded at the discretion of the Appeals Board.

2019.4Attorney's fees may be 15% of the total amount awarded to the victim, but not to exceed $1000.00; or 
a fee based on the number of hours spent in representing the claimant. The hourly fee rate will be 
determined by the Appeals Board.









2019.5No prior agreement between an attorney and a client to pay the attorney a fee out of the client's award 
will be honored by the Appeals Board. Any such arrangement is unlawful.

2019.6Upon application to the Appeals Board for attorney's fees, the service rendered the injured victim, as 
well as the time spent and uniqueness of the case, will be considered in determining the allowance of 
attorney's fees.

2019.7The amount of any attorneys fee award shall not be included within the total compensation subject to 
the limits set forth in §9007(d).

12 DE Reg. 1193 (03/01/09)

210.0Appeal of Appeals Board Decisions (Formerly Rule XXII)

210.1All questions relating to an appeal shall be determined in accordance with Chapter 90, Section 90059009, Title 11, of the Delaware Code.

210.2Any claimant who is aggrieved by the Appeals Board's decision concerning compensation or any 
conditions attached to the award of such compensation, may appeal to the Superior Court within (30) 
thirty days of the decision of the Board. Any appeal to Superior Court shall not be de novo.

12 DE Reg. 1193 (03/01/09)

221.0Denial Of Claim; Reduction (Formerly Rule XVIII)

221.1All questions relating to denial of a claim shall be determined in accordance with Chapter 90, Title 11, 
Section 9006 9010, of the Delaware Code.

221.2The Board is The Agency and the Appeals Board are not compelled to provide compensation in any 
case, nor is it are they compelled to award the full amount claimed. The Board The Agency and the 
Appeals Board may make its an award of compensation dependent upon such condition or conditions 
as it they deems desirable.

12 DE Reg. 1193 (03/01/09)

232.0Dependency (Formerly Rule XVI)

232.1All questions relating to dependency shall be determined in accordance with 11 Del.C. Ch. 90 §9002which reads as follows:

232.2Section 9002(df) "Dependent shall mean a person who is wholly or substantially dependent upon the 
income of the victim at the time of the victim's death, or would have been so dependent but for the 
incompetence of the victim due to the injury from which the death resulted, and shall include a child 
born after the death of such victim."

12 DE Reg. 1193 (03/01/09)

243.0Emergency Awards (Formerly Rule XV)

The Board The Agency will make an emergency award only upon a showing of dire necessity. The 
claimant, must, in writing, request an emergency award when submitting his claim form and show just 
cause as to why such an award should be considered. No such award will be made until the police 
report or other official documentation from the appropriate law enforcement agency is acquired. An 
Appeals Board member shall be contacted and, if available, participate in the determination of any 
such emergency award.

12 DE Reg. 1193 (03/01/09)

254.0Mental Health Practitioner Qualifications/Licensure (Formerly Rule XXIX)

254.1To be eligible for crime victim's compensation for psychological assessments and mental health 
counseling treatment, within and without the State of Delaware, a practitioner possessing an advanced 
degree in an applied mental health discipline must provide assessment and treatment. The advanced 
degree should be in Psychiatry, Psychology, Social Work, Counseling, or Psychiatric Nursing.









254.2To be eligible for crime victim's compensation for psychological assessments and mental health 
counseling treatment in the State of Delaware, a licensed mental health practitioner must provide 
services. The five disciplines recognized by the Violent Crimes Compensation Board Agency for 
payment of mental health counseling benefits are: Licensed Psychiatrist, Licensed Psychologist, 
Licensed Clinical Social Worker, Licensed Mental Health Counselor, and Licensed Clinical Nurse 
Specialist.

254.3Payment for mental health treatment received outside the State of Delaware will be evaluated for 
practitioner's licensure on a case-by-case basis by the Violent Crimes Compensation Board VCAP.

254.4The Violent Crimes Compensation Board VCAP may consider payment for mental health counseling 
services rendered by an unlicensed provider if the provider is practicing under the direct supervision of 
a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation BoardVCAP, as set forth in Rule 26.1 above below. The Violent Crimes Compensation Board VCAP will 
decide claims for payment of services rendered by an unlicensed practitioner on a case-by-case basis.

 2 DE Reg. 1670 (3/1/99)

12 DE Reg. 1193 (03/01/09)

265.0Burial Awards (Formerly Rule XXVII)

The aggregate award for funeral and burial shall not exceed $8,500.00

12 DE Reg. 1193 (03/01/09)

276.0Child Victim Counseling and Assessment Program (CCAP) Provisions (Formerly Rule XXX)

For the purposes of section 9020 9024(c), up to $1,200.00 may be paid from the victim's 
compensation fund on behalf of each child victim of crime for reasonable costs incurred for 
psychological assessments and short-term counseling.

 2 DE Reg. 1670 (3/1/99)

287.0Collateral Sources of Compensation; Subrogation

287.1Any award made by the Board VCAP shall be reduced by the amount, if any, of compensation the 
claimant has received or will receive as indemnification from any other source, including insurance of 
any kind. The proceeds of any life insurance policy shall not be deducted from the award. [Source: 
§9005(1)]

287.2the Board VCAP shall deduct from its award the amount of any compensation for personal injury of 
death arising from the crime or incident and received by the victim, or by the victim's dependents. Such 
compensation includes payments by or on behalf of the offender, from any insurer, and from any 
governmental entity. The amount of compensation to be deducted from the Board VCAP award shall 
be the net amount of compensation paid to the victim, after deductions for costs or attorney fees. The 
proceeds of any life insurance policy shall not be deducted from the award. [Source: §9008(d)]

287.3Where an award has been made, and the claimant subsequently receives reimbursement from any 
source set forth above, with the exception of life insurance, the Board VCAP may recover 
reimbursement from the claimant, up to the amount of the award.

287.4Prior to making an award, the Board VCAP shall require the claimant to execute an agreement 
acknowledging the claimant's understanding that any award is net of funds received from collateral 
sources, and further acknowledging the claimant's obligation to reimburse the Board to the extent of 
any such funds received from collateral sources.

287.5Any attorney representing a client before the Board is bound by the Rules set forth herein regarding 
collateral sources of compensation.

2 DE Reg. 1670 (3/1/99)

12 DE Reg. 1193 (03/01/09)









DEPARTMENT OF STATE
DIVISION OF THE ARTS
Statutory Authority: 29 Delaware Code, Section 8729(c) (29 Del.C. §8729(c))









DIVISION OF PROFESSIONAL REGULATION
Statutory Authority: 24 Delaware Code, Section 1775 (c) (24 Del.C. §1775 (c))

24 DE Admin. Code 1770









“Recognizing that the practice of medicine and the practice of certain other healthcare 
professions are privileges and not natural rights, it is hereby considered a matter of policy in 
the interest of public health, safety and welfare to provide laws covering the granting of those 
privileges and their subsequent use and control to provide regulations to the end that the 
public health, safety and welfare are promoted and that the public is properly protected from 
the unprofessional, improper, unauthorized, or unqualified practice of medicine and practice of 
certain other healthcare professions and from unprofessional conduct by persons 
unauthorized to practice medicine or to practice certain other healthcare professions.”











DEPARTMENT OF TRANSPORTATION
DIVISION OF MOTOR VEHICLES
Statutory Authority: 21 Delaware Code, Section 302, (21 Del.C. §302)

2 DE Admin. Code 2201









DIVISION OF MOTOR VEHICLES
Statutory Authority: 21 Delaware Code, Sections 302, 2711 and 3102 (21 Del.C. §§302, 2711 
and 3102)

2 DE Admin. Code 2217



2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware 
Non-Compliant Identification Documents







EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Statutory Authority: 29 Delaware Code, Section 5005(11), (29 Del.C. §5005(11))

1 DE Admin. Code 402









$47,910,000 of the 2010 Volume Cap is hereby allocated to New Castle County;

$34,220,000 of the 2010 Volume Cap is hereby allocated to the City of Wilmington;

$27,380,000 of the 2010 Volume Cap is hereby allocated to Kent County; and 

$27,380,000 of the 2010 Volume Cap is hereby allocated to Sussex County.







DELAWARE RIVER BASIN COMMISSION

DELAWARE SOLID WASTE AUTHORITY

DEPARTMENT OF EDUCATION

DEPARTMENT OF FINANCE
OFFICE OF THE STATE LOTTERY

PUBLIC NOTICE







DEPARTMENT OF HEALTH AND SOCIAL SERVICES

DIVISION OF MANAGEMENT SERVICES

BIRTH TO THREE EARLY INTERVENTION SYSTEM

DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES

DIVISION OF MEDICAID AND MEDICAL ASSISTANCE

DIVISION OF SOCIAL SERVICES









DEPARTMENT OF INSURANCE

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 
CONTROL
DIVISION OF FISH AND WILDLIFE







DIVISION OF FISH AND WILDLIFE
3900.1 - Definitions

3900.2 - Method of Take

3900.3 - Federal Laws and Regulations Adopted

3900.4 - Seasons

3900.7 - Deer

3900.21 - Guide License Requirements

3900.22 - Hunter and Trapper Identification Number 





DEPARTMENT OF STATE
DIVISION OF PROFESSIONAL REGULATION

DIVISION OF PROFESSIONAL REGULATION







DEPARTMENT OF TRANSPORTATION
DIVISION OF TRANSPORTATION SOLUTIONS