Calendar of Events/Hearing Notices

CALENDAR

August 2019

DELAWARE RIVER BASIN COMMISSION

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing on Wednesday, August 14, 2019 beginning at 1:30 p.m. at the Commission’s office building, 25 Cosey Road, West Trenton, New Jersey 08628. A business meeting will be held the following month on Wednesday, September 11, 2019 beginning at 10:30 a.m. at The Conference Center at Mercer, Mercer County Community College, 1200 Old Trenton Road, West Windsor, New Jersey 08550. The hearing and meeting are open to the public. For more information, visit the DRBC web site at www.drbc.gov or contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, at 609‑883-9500 extension 203 and pamela.bush@drbc.gov.

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DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, August 15, 2019 at 5:00pm in Sussex Tech High School (17099 County Seat Highway, Georgetown, DE).

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DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

PUBLIC NOTICE

Documentation of State Residency

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Division of Social Services Manual (DSSM) regarding state residency documentation requirements, specifically, to align policy with current practice.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on September 3, 2019. Please identify in the subject line: Documentation of State Residency.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

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Division of Public Health

PUBLIC NOTICE

4465 Delaware Radiation Control Regulations

Pursuant to 16 Del.C. §7406, the Authority on Radiation Protection (ARP), with the Office of Radiation Control, Health Systems Protection Section, Division of Public Health, Department of Health and Social Services, is proposing revisions to the regulations governing Radiation Control. On August 1, 2019, the Division of Public Health plans to publish as “proposed” revisions to the Radiation Control regulations. The revisions include an amendment to the definition of “Licensed Practitioner” and modified sections in Part F, Sections 5.13.13 and 5.14.1 to ensure that the definition of a Licensed Practitioner for purposes of the radiation control regulations would not in any way restrict the authority of an APRN with respect to radiologic procedures.

Copies of the proposed regulations are available for review in the August 1, 2019 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit them to Alanna Mozeik by Tuesday, September 3, 2019, at:

Alanna Mozeik

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Alanna.Mozeik@delaware.gov

Phone: (302) 744-4951

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Division of Social Services

PUBLIC NOTICE

TANF CMR School Attendance Requirement

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social services (DSS) is proposing to amend the Division of Social Services Manual regarding Temporary Assistance for Needy Families (TANF), specifically, to update policy regarding the school attendance element of the Contract of Mutual Responsibility (CMR).

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Division of Social Services

PUBLIC NOTICE

TANF and GA Eligibility - Excluded Income

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social services (DSS) is proposing to amend the Division of Social Services Manual regarding Temporary Assistance for Needy Families (TANF) and General Assistance (GA), specifically, to revise eligibility policy related to excluded income.

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Division of Social Services

PUBLIC NOTICE

POC - Determining and Reviewing Child Care

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social services (DSS) is proposing to amend the Division of Social Services Manual regarding Purchase of Care (POC), specifically, to align policy with Federal requirements.

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DEPARTMENT OF INSURANCE

Office of the Commissioner

PUBLIC NOTICE

1101 Listed Surplus Lines Carriers Intending to Establish an Office in Delaware

Chapter 18 of the Delaware Administrative Code at Regulation 1101 sets forth regulations that are applicable to all surplus lines insurers who wish to establish offices in the State of Delaware.

Prior to the surplus lines laws being amended to adopt the Nonadmitted and Reinsurance Reform Act in 2011, there was a provision in Chapter 19 that allowed an eligible surplus lines insurer to maintain a Delaware office in accordance with rules and regulations established by the Commissioner (prior Section 1907(c)). In accordance with former Section 1907(c), Regulation 1101 was promulgated to set forth requirements for maintaining an office in Delaware.

Since Chapter 19 was amended and former Section 1907 was removed, Regulation 1101 is outdated and should be rescinded. Since this is the only Regulation in Chapter 11 of Title 18 of the Administrative Code, the Department is also deleting the title and replacing it with the word “Reserved.”

The Department does not plan to hold a public hearing on the proposed repeal of Regulation 1101. The regulation proposed for repeal appears below and can also be viewed at the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed repeal of the regulation. Any written submission in response to this notice and relevant to the proposed repeal must be received by the Department of Insurance no later than 4:30 p.m. EST, the 3rd day, September, 2019. Any such requests should be directed to:

Leslie W. Ledogar, Esq., Regulatory Specialist

Delaware Department of Insurance

1351 West North Street, Suite 101

Dover, DE 19904

(302) 674-7379

Email: Leslie.Ledogar@delaware.gov

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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Waste and Hazardous Substances

Tank Management Section

PUBLIC NOTICE

1351 Underground Storage Tank Systems

The proposed regulations reflect regulatory changes promulgated at the federal level as well as advances in UST system technologies. The State of Delaware regulations must be at least as stringent as the federal regulations under the requirements of 40 CFR 281, State Program Approval. The proposed regulatory requirements will clarify and improve installation, operation and maintenance, release detection and remedial requirements.

Two workshops were held on April 16 on the proposed amendments to 7 DE Admin. Code 1351 Regulations for Underground Storage Tank Systems. All questions were answered at the workshops; however formal public comments were accepted at the workshops and on April 17, 2019. Upon considering the comments that were submitted, the Department has made no substantive changes to the proposed amendments, and has scheduled a public hearing set for August 27, 2019 beginning at 6:00 PM in the Pat Ellis conference room at the Division of Waste and Hazardous Substances office at 391 Lukens Drive in New Castle. Written comments may be submitted at the hearing and up to September 11, 2019. Individuals desiring to provide comment may submit written comments regarding the proposed changes via email to Lisa.Vest@delaware.gov or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042.

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DEPARTMENT OF STATE

Division of Corporations

PUBLIC NOTICE

102 Business Entity Name Standards and Procedures

In compliance with the State’s Administrative Procedures Act (Title 29, Chapter 101 of the Delaware Code) and under the authority of 29 Del.C. §§8703, 8704, the Delaware Department of State, Division of Corporations, proposes to introduce regulations governing business entity name standards and procedures.

In accordance with 29 Del.C. §10116, persons wishing to submit written comments, suggestions, briefs, and compilations of data or other written materials concerning the proposed regulations should direct them to the following address:

Kristopher Knight

Deputy Secretary of State

Department of State

820 N. French St., 4th Floor

Wilmington, DE 19801

Comments may also be directed via electronic mail to dos_corpregs@state.de.us. Any written submission in response to this notice and relevant to the proposed regulations must be received by the Department of State no later than 4:30 p.m. EST, Friday, September 6, 2019.

The action concerning determination of whether to adopt the proposed regulations will be based upon the results of Department analysis and the consideration of the written comments and any other written materials filed by the public.

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DEPARTMENT OF TRANSPORTATION

Division of Transportation Solutions

PUBLIC NOTICE

2405 Oversize/Overweight Hauling Permit Policy and Procedures Manual

Pursuant to the authority provided by 21 Del.C. §4504, the Delaware Department of Transportation (DelDOT), on behalf of the Delaware Transit Corporation, gives notice of the intent to revise Regulation 2405 to adopt permits and fees for governmentally owned/publicly operated Electrified Buses.

The Department, through its Division of Transportation Solutions, on behalf of the Delaware Transit Corporation, seeks to adopt these revisions to promote improved air quality by providing for a permit and associated fees for Zero Emission Buses.

DelDOT will take written comments on these proposed revisions to Regulation 2405 of Title 2, Delaware Administrative Code, from August 1, 2019 through September 3, 2019. The public may submit their comments to:

Donald D. Weber, P.E.

Asst. Director for Traffic Operations and Management

(Don.Weber@Delaware.gov) or in writing to his attention,

Delaware Department of Transportation

Division of Transportation Solutions, Traffic Section

169 Brick Store Landing Road

Smyrna, DE 19977