Calendar of Events/Hearing Notices

CALENDAR

December 2005

Delaware River Basin Commission

NOTICE OF PUBLIC HEARING

The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, December 7, 2005 at 10:0 a.m. at the Commission’s offices, 25 State Police Drive, West Trenton, New Jersey. For3 more informations contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.

DEPARTMENT OF EDUCATION

The State Board of Education will hold its monthly meeting on Thursday, December 15, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

department of elections FOR New Castle County

NOTICE OF PUBLIC COMMENT PERIOD

Security and Integrity of the Absentee Voting Process

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 15 of the Delaware Code, Section 5522 (b), the Department of Elections for New Castle is proposing a regulation to ensure the security and integrity of the procedures set forth in Chapter 55 and that the counting process for absentee ballots is not subject to improper influences.

Any person who wishes to submit written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed regulation shall submit same to Howard G. Sholl, Jr, Deputy Administrative Director, Department of Elections for New Castle County, 820 N. French Street, Suite 400, Wilmington, Delaware 19801 by December 30, 2005.

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

department of health and social services

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Long Term Care Medicaid

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 Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005.

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 Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Chronic Renal Disease Program

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 Medicaid & Medical Assistance (DMMA) / is proposing to amend rules in the Division of Social Services Manual (DSSM) used to determine eligibility for the Chronic Renal Disease Program. 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 Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005.

Division of Public Health

NOTICE OF PUBLIC COMMENT PERIOD

4202 Control of Communicable and Other Disease Conditions

These proposed regulations, "Regulations for the Control of Infectious Disease," will replace by revision the current "Regulations for the Control of Communicable and Other Disease Conditions," adopted August 2, 1984 and most recently amended July 10, 2001.

In compliance with the State’s Administrative Procedures ACT (APA – Title 29, Chapter 101 of the Delaware Code), and under authority of Title 16, Chapters 1, 5 & 7 (sections enumerated above), Delaware Health and Social Services is proposing amendments to the Regulations for the Control of Communicable and Other Disease Conditions and is seeking comments on these amendments. A summary of amendments and amended regulations are attached below. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed regulations must submit same to David P. Walton, Office of the Director, Jesse Cooper Building, 417 Federal Street, Dover, Delaware 19901, by January 3, 2006.

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

Division of Public Health

NOTICE OF PUBLIC HEARING

4406 Home Health Agencies (Licensure)

The Office of Health Facilities Licensing and Certification, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed Delaware Regulations for Home Health Agencies on February 7, 2006 at 1:00 p.m., in the Public Health Preparedness Training Center, Suite 4F, Blue Hen Corporate Center, 655 S. Bay Road, Dover, Delaware.

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

Office of Health Facilities Licensing and

Certification

2055 Limestone Road, Suite 200

Wilmington, DE 19808

Telephone: (302) 995-8521

Anyone wishing to present his or her comments at this hearing should contact Ms. Vanette Seals at (302) 995-8521 by February 6, 2006. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by February 8, 2006 to:

David P. Walton, Hearing Officer

Division of Public Health

417 Federal Street

Dover, Delaware 19901

Division of Public Health

Authority on Radiation Protection

NOTICE OF PUBLIC HEARING

4466 Radiation Technologists/Technicians (Certification)

The Authority on Radiation Protection will hold a public hearing to discuss the proposed changes to the Regulation for the Certification of Radiation Technologists/Technicians. This public hearing will be held on Wednesday, January 4, 2006, at 5:30 p.m. in the Pritchett Conference Room, Delaware Hospital for the Chronically Ill on DuPont Highway, in Smyrna, Delaware.

Copies of the proposed regulations along with a listing of substantial changes are available for review by contacting:

Office of Radiation Control

Jesse Cooper Building

417 Federal Street

Dover, Delaware 19901

Telephone: (302) 744-4546

Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by close of business Tuesday, January 3, 2006. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by close of business Friday, January 6, 2006 to:

David Walton, Hearing Officer

Division of Public Health

417 Federal Street

Dover, DE 19901

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

Delaware Temporary Assistance for Needy Families (TANF) State Plan Renewal

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 (DSS) is proposing to renew Delaware's eligibility status for the Temporary Assistance for Needy Families (TANF) program provided for in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), (P.L. 104-193). Copies of the entire plan and all attachments are available upon request via mail or fax.

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, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005. Comments may also be faxed to (302) 255-4454. Additionally, Delaware’s TANF State Plan can be viewed on the Department’s website at:

http://www.dhss.delaware.gov/dhss/index.html.

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

Temporary Assistance for Needy Families (TANF) – Joint Custody

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, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005.

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

Refugee Cash Assistance Self-Employment Income Standard Deduction

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 and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005.

Division of Social Services

NOTICE OF PUBLIC COMMENT PERIOD

Child Care Subsidy Program

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, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by December 31, 2005.

DEPARTMENT OF INSURANCE

NOTICE OF PUBLIC COMMENT PERIOD

Proposed Changes to the Department of Insurance’s Regulation Relating to Producer Continuing Education

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of a proposed change to Department of Insurance Regulation 504 relating to producer continuing education. The Commissioner proposes to amend Regulation 504 relating to Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants. The docket number for this proposed amendment is 2005-207.

The two proposed changes to the regulation appear in section 8 relating to the licensee’s responsibilities. The required number of ethics credits is proposed to decrease from four hours to three hours for each reporting period. Licensees who are authorized to sell homeowners and/or personal lines coverage will be required to complete two hours of continuing education on flood insurance each reporting period starting March 1, 2006. The text of the proposed amendment is reproduced in the December 2005 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml.

The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed changes must be received by the Department of Insurance no later than 4:30 p.m., Tuesday, January 3, 2006, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.5566 or email to michael.rich@state.de.us.

DEPARTMENT OF INSURANCE

NOTICE OF PUBLIC COMMENT PERIOD

Proposed Changes to the Department of Insurance’s Regulation Relating to Defensive Driving Course Discount Automobiles and Motorcycles

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of a proposed change to Department of Insurance Regulation 607 relating to the defensive driving course for automobiles and motorcycles. The Commissioner proposes to amend Regulation 607 relating to Defensive Driving Course Discount Automobiles and Motorcycles as a result of comments received in response to the original publication of the proposed changes to Regulation 607. The docket number for this proposed amendment is 2005-140.

The new revised amendments will (1) eliminate the proposed testing requirement for persons taking a defensive driving course; (2) more clearly require that providers offering an on line course will be required to assure that the persons taking the course will meet the same time requirements as those attending live classroom courses; (3) clarify the requirements for live assistance for on line courses; and (4) clarify the on line provider’s obligation to assure the identity of the course taker. The text of the proposed amendment is reproduced in the December 2005 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner’s website at: http://www.state.de.us/inscom/departments/documents/ProposedRegs/ProposedRegs.shtml.

department of state

Division of Professional Regulation

Board of Electrical Examiners

NOTICE OF PUBLIC HEARING

The Delaware Board of Electrical Examiners in accordance with 24 Del.C. §1406(a)(1) has proposed changes to its rules and regulations to modify the continuing education submission procedure.

A public hearing will be held at 9:00 a.m. on January 4, 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 Electrical Examiners, 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

1400 Board of Electrical Examiners

NOTICE OF PUBLIC HEARING

The Delaware Board of Pharmacy in accordance with 24 Del.C. §2509 has proposed changes to its rules and regulations. Regulation 3.3 has updated the pharmacy requirements to provide for more flexibility based on the needs of the setting. Regulation 5.12 provides for centralized prescription processing. Compounding is permitted for office use by a practitioner in Regulation 5.13. Regulation 13.0 relating to Nuclear Pharmacies has been replaced.

A public hearing will be held on the proposed changes on January 13, 2006 at 10:00 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 State Board of Pharmacy, 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 regulation at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers

NOTICE OF PUBLIC HEARING

The Delaware Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, in accordance with 24 Del.C. §3706(a)(1) has proposed changes to its rules and regulations. Rule 9.3.1.8 is modified to require disclaimers or limitations in advertising to be clear and conspicuous and at least one half the type size used in the offer.

A public hearing will be held at 2:00 p.m. on January 11, 2006 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 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.