Calendar of Events/Hearing Notices

CALENDAR

December 2004

Department of Administrative Services

Division of Professional Regulation

Board of Nursing

NOTICE OF PUBLIC HEARING

The Delaware Board of Nursing in accordance with 24 Del.C. Subsection 1906(1) has proposed to promulgate Rules and Regulations related to the insertion and removal of epidural catheters by certified Registered Nurse Anesthetists.

The proposed rule and regulation developed by the Board defines that the insertion and removal of epidural catheters is authorized practice for certified Registered Nurse Anesthetists.

A public hearing will be held on Wednesday, January 12, 2005 at 9:00 a.m. in the Second Floor Conference Room A, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

Anyone desiring a copy of the proposed Rule and Regulation may obtain a copy from the Delaware Board of Nursing, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904, (302) 744-4515 or (302) 744-4516. Persons desiring to submit written comments on the revised rules and regulations may forward these comments to the above address. The final date to receive written comments will be January 12, 2005.

Division of Professional Regulation

Board of Physical Therapists and Athletic Trainers

NOTICE OF PUBLIC HEARING

The Delaware Examining Board of Physical Therapists and Athletic Trainers in accordance with 24 Del.C. ??2604(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of physical therapy and athletic training.

A public hearing will be held on January 18, 2005 at 6:30 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Professional Land Surveyors

NOTICE OF PUBLIC HEARING

The State Board of Professional Land Surveyors in accordance with 24 Del.C. ??2706 (g) has proposed changes to its rules and regulations as mandated by S.B. 229, 74 Del. Laws c. 262. The proposal identifies crimes that are substantially related to the practice of land surveyors.

A public hearing will be held at 9:30 a.m. on January 20, 2005 in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the State Board of Professional Land Surveyors, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Funeral Services

NOTICE OF PUBLIC HEARING

The Delaware Board of Funeral Services in accordance with 24 Del.C. ??3105 (f) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of funeral services.

A public hearing will be held at 10:30 a.m. on January 26,2005, in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Funeral Services, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Examiners of Psychologists

NOTICE OF PUBLIC HEARING

The Delaware Board of Examiners of Psychologists in accordance with 24 Del.C. ??3506(a)(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of psychology services.

A public hearing will be held on January 3, 2005 at 9:30 a.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Examiners of Psychologists, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Geologists

NOTICE OF PUBLIC HEARING

The Delaware Board of Geologists in accordance with 24 Del.C. ??3606 has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of geological services.

A public hearing will be held on January 14, 2005 at 10:15 a.m. in the Second Floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Geologists, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers

NOTICE OF PUBLIC HEARING

The Delaware Board Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, in accordance with 24 Del.C. ??3706 (c) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing.

A public hearing will be held at 2:00 p.m. on January 12, 2005 in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

State Committee on Dietetics/Nutrition

NOTICE OF PUBLIC HEARING

The State Committee on Dietetics/Nutrition in accordance with 24 Del.C. ??3805(1) has proposed changes to its rules and regulations as mandated by SB 229 (74 Del. Laws c. 262). The proposal identifies crimes that are substantially related to the provision of services as a Certified Dietitian and/or Nutritionist.

A public hearing will be held at 2:30 p.m. on January 19, 2005 in the Second Floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Committee on Dietetics/Nutrition, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Committee at the above address. The final date to receive written comments will be at the public hearing.

The Committee will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Cosmetology and Barbering

NOTICE OF PUBLIC HEARING

The Delaware Board of Cosmetology and Barbering in accordance with 24 Del.C. ??5106 has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of cosmetology, barbering, electrology and nail technology services.

A public hearing will be held at 9:30 a.m. on January 31, 2005 in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Cosmetology and Barbering, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Nursing Home Administrators

NOTICE OF PUBLIC HEARING

The Delaware Board of Nursing Home Administrators in accordance with 24 Del.C. ??5204(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the practice of nursing home administration.

A public hearing will be held on January 11, 2005 at 2:15 p.m. in the Second Floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Nursing Home Administrators, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Massage and Bodywork

NOTICE OF PUBLIC HEARING

The Delaware Board of Board of Massage and Bodywork in accordance with 24 Del.C. ??5306(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of massage and bodywork services.

A public hearing will be held on January 20, 2005 at 3:00 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Massage and Bodywork, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Department of Agriculture

Harness Racing Commission

NOTICE OF PUBLIC HEARING

The Harness Racing Commission proposes to enact new Regulations 8.9 detailing the procedures and possible penalties for prerace testing by blood gas analyzer or similar equipment. The Commission further proposes to enact a new Regulation 8.10 to detail the quarantine procedure for horses that test positive for excessive carbon dioxide levels as a result of either a prerace or postrace test. The Commission will accept written comments from December 1, 2004 to December 30, 2004. Written comments should be sent to John Wayne, Administrator of Racing, 2320 S. DuPont Highway, Dover, DE 19901. The Commission will hold a public hearing on the proposed Regulations on December 20, 2004 at 11:00 a.m. at Dover Downs, 1131 N. DuPont Highway , Dover, DE.

DEPARTMENT OF EDUCATION

The State Board of Education will hold its monthly meeting on Thursday, December 23, 2004 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

department of finance

Office of the State Lottery

NOTICE OF PUBLIC HEARING

The Delaware Lottery Office proposes to amend the Video Lottery Regulations. The Lottery's proposed amendments are: i) amend Video Lottery Regulation 4.2 to provide that any entity proposing to contract with the Lottery or a video lottery agent must obtain a technology provider license; ii) amend Video Lottery Regulation 6.34(5) to provide that temporary employees, consultants, or contractors must obtain a license and vendors who propose to contract with the Lottery or a video lottery agent must obtain a technology provider license; iii) amend Video Lottery Regulation 6.35 to require video lottery agents to file copies of video lottery-related contracts in excess of $50,000; iv) amend Video Lottery Regulation 7.16.2 to require a video lottery agent to update the self-exclusion list within forty-eight (48) hours after receiving notice from the Lottery or VLEU. The proposed amendments are issued pursuant to 29 Del.C. ??4805(a) and 29 Del.C. ??10115. The Lottery will accept written comments on the proposed amendments to the Video Lottery Regulations from December 1, 2004 through December 30, 2004. The Lottery will hold a public hearing on the proposed amendments to the Video Lottery Regulations on December 21, 2004 at 10:00 a.m. at the Delaware State Lottery Office, 1575 McKee Road, Suite 102, Dover, DE 19904-1903. Written comments or requests for copies of the proposed Regulation amendments should be submitted to Don Johnson at the Delaware Lottery Office.

Department of Health and Social Services

Division of Public Health

NOTICE OF PUBLIC HEARING

The Center for Health Information Management and Disease Prevention, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed amendments to the Cancer Treatment Program Regulations. The public hearing will be held on January 5, 2005 at 10:00 a.m., in the Third Floor Conference Room of the Jesse Cooper Building, Federal and Water Streets, Dover, Delaware.

Copies of the proposed regulations are available for review by calling the following location:

The Comprehensive Cancer Control Branch

Blue Hen Corporate Center

655 S. Bay Road, Suite 200

Dover, DE 19901

Telephone: (302) 739-4651

Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by January 4, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by January 7, 2005 to:

David P. Walton, Hearing Officer

Division of Public Health

P.O. Box 637

Dover, Delaware 19903-0637

Division of Social Services

PUBLIC NOTICE

Delaware Medicaid/Medical Assistance Program

Provider Contractual/Programmatic Responsibilities

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services / is proposing to amend the Delaware Medicaid/Medical Assistance Program Provider Manual to add language to Section 1.6 of the General Policy to promote provider accuracy in processing claims.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy and Program Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31, 2004.

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

Division of Social Services

PUBLIC NOTICE

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31st, 2004.

Division of Social Services

PUBLIC NOTICE

Cash Assistance Programs

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720 by December 31st, 2004.

Division of Social Services

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the policy of the Food Stamp Program in the Division of Social Services Manual (DSSM) for the following reasons: 1) DSS no longer assigns 3-month certification periods; 2) DSS no longer mails benefits to local food stamp offices; and, 3) the implementation of simplified reporting, six-month certification periods, and EBT have made this policy obsolete.

department of natural resources and environmental control

Division of Fish and Wildlife

PUBLIC NOTICE

To modify Non-Tidal Fishing Regulation 3308 (Formerly NT-7), Fish Stocking Practices, to add the northern snakehead fish (Channa argus) and the blotched snakehead fish (Channa maculata) to the list of species for which it shall be unlawful for any person to transport, purchase, possess or sell within Delaware. This action complements action taken recently by the Maryland Department of Natural Resources and previous action taken by the states of Pennsylvania and New Jersey. These two species of snakehead fishes have been identified as the two most likely species of potentially injurious exotic snakehead fishes to thrive and breed in our area when released to the wild. The northern snakehead species has been documented to have escaped efforts at eradication within the state of Maryland and also has been shown to have bred in the wild in southeastern Pennsylvania.

Individuals may present their opinions and evidence and/or request additional information by writing or calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302)739-3441. A public hearing on this proposed amendment will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, DE at 7:00 PM on January 4, 2005. The record will remain open for written or e-mail comments to roy.miller@state.de.us until 4:30 PM January 14, 2005.

Division of Fish and Wildlife

PUBLIC NOTICE

Yitle Of The Regulations:

Tidal Finfish Regulation 3502. Striped Bass Season And Area Restrictions.

Tidal Finfish Regulation 3505. Striped Bass Commercial Fishing Season; Quotas; Tagging And Reporting Requirements.

Brief Synopsis Of The Subject, Substance And Issues:

To increase the length of the commercial gill net season for striped bass to extend from February 15 through May 31 instead of the present March 1-April 30 open season and to require the use of drift nets for any gill nets having a mesh size of 4-inches or greater that are used to take striped bass during the February striped bass season extension;

To increase the duration of the commercial hook and line fishing season for striped bass from April 1 through and including December 31 instead of September 1 through December 31.

To require the use of non-offset ???circle hooks??? when fishing with natural bait in the designated striped bass spawning areas during the April 1-May 31 spawning season to reduce mortality rates from catch and release recreational fishing. The requirement for the use of circle hooks shall only apply to hooks having a gap greater than 3/8 inches as measured from the hook point to the shank of the hook.

Notice Of Public Comment:

Individuals may present their opinions and evidence and/or request additional information by writing or calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302)739-3441. A public hearing on this proposed amendment will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, DE at 7:00 PM on December 30, 2004. The record will remain open for written or e-mail comments to roy.miller@state.de.us until 4:30 PM January 4, 2005.

Division of Fish and Wildlife

PUBLIC NOTICE

Title Of The Regulations:

Tidal Finfish Regulation 3553. River Herring Creel Limit

Brief Synopsis of the Subject, Substance and Issues:

This new regulation would set a daily limit on the take and possession of blueback herring and/or alewife (Alosa aestivalis and/or Alosa pseudoharengus), collectively known as river herring, of 25 per person for the two species combined, except for those possessing a valid commercial finfish license or a receipt from a person legally entitled to take or possess in excess of 25 river herring per day. The purpose of his regulation is to prevent the establishment of a bait fishery for river herring in tidal tributaries of the State. The Department has been attempting to restore river herring to their former abundance by providing passage over dams that block spawning migrations. This action would complement actions previously taken by New Jersey and Pennsylvania. Live river herring are sought after as bait for striped bass and other species and are vulnerable to overexploitation when they approach fishways, dams or other obstructions while on their spawning migrations or out-migrations. This regulation would not affect normal commercial fishing operations in tidal waters, but will impact recreational fishermen who take live river herring as bait for sale.

Notice Of Public Comment:

Division of Water Resources

Brief Synopsis of the Subject, Substance and Issues:

The Department of Natural Resources and Environmental Control, Division of Water Resources, Ground Water Discharges Section, held a public hearing on September 13, 2004 to receive comments on proposed amendments to the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment & Disposal Systems. The proposed amendments and a notice of the September 13, 2004 public hearing were published in the Delaware Register of Regulations on August 1, 2004. In response to public comments, evidence and information provided to the agency regarding Section 5.11015(a) and Section 9.01015 since the public hearing, the Department is revising the number of lots which would require the utilization of a community wastewater treatment and disposal system instead of individual on-site wastewater treatment and disposal systems from 200 lots to 50 lots. therefore, these sections of the regulations are being published in their modified form and presented at a public hearing to provide the public an additional opportunity to submit comments before all of the amendments are promulgated in the manner required by law.

Notice Of Public Comment:

The Department Of Natural Resources And Environmental Control, Division Of Water Resources, Ground Water Discharges Section, Held A Public Hearing On September 13, 2004 To Receive Comments On Proposed Amendments To The Regulations Governing The Design, Installation And Operation Of On-site Wastewater Treatment & Disposal Systems. The Proposed Amendments And A Notice Of The Public Hearing Were Published In The Delaware Register Of Regulations On August 1, 2004. In Response To Public Comments, Evidence And Information Provided To The Agency Since The Public Hearing Regarding Section 5.11015(A) And Section 9.01015, The Department Is Revising The Number Of Lots Which Would Require The Utilization Of A Community Wastewater Treatment And Disposal System Instead Of Individual On-site Wastewater Treatment And Disposal Systems From 200 Lots To 50 Lots. The Department Will Conduct A Public Hearing On Monday, January 10, 2004 At 6:00 P.m. In The Dnrec Auditorium At 89 Kings Highway, Dover, DE To Provide The Public An Additional Opportunity To Comment On These Revisions. Comments On The Proposed Revisions Should Be Submitted In Writing To Lisa Vest, Office Of The Secretary, DNREC, 89 Kings Hwy., Dover, De 19901. Copies Of The Department???s Proposed Revisions To Section 5. 11015 (A) And Proposed Section 9.01015 Are Available By Contacting Jack Hayes At (302) 739-4761.