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Calendar of Events/Hearing Notices

 

CALENDAR

December 2006

DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY

NOTICE OF PUBLIC HEARING

 

The Delaware Manufactured Home Relocation Authority (the “Authority”) will hold a public hearing to discuss proposed amendments to the Authority’s regulations relating to the administration of the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”) established pursuant to 25 Del.C. §7012. The Authority was established by the Delaware Legislature pursuant to 25 Del.C. §7011. The primary purpose of the Authority is to: (a) provide financial assistance to manufactured homeowners who are tenants in a manufactured home community where the community owner changes the use of land or converts the manufactured home community to a condominium or cooperative community; and (b) to provide financial assistance to manufactured home community owners for the removal and/or disposal of non-relocatable or abandoned manufactured homes when there is a change in use or conversion. The Authority set an initial $3.00 monthly assessment for deposit into the Trust Fund, effective April 1, 2004. Under the statute, one-half of the monthly assessment is the obligation of the Tenant of a rented lot and one-half of the assessment is the obligation of the Landlord. The monthly assessments collected by the Authority are deposited into the Trust Fund, and the Authority is responsible for administering this fund. To carry out its statutory responsibilities, the Authority has established procedures under which applicants for payment from the Authority may be approved and to set maximum benefits that may be payable to applicants under certain circumstances.

Pursuant to its statutory authority, at the Authority’s meeting on October 25, 2006, the Authority adopted a resolution proposing for adoption certain revisions to the existing regulations to be used for the administration of the Trust Fund. The proposed regulations approved at the October 25, 2006 meeting of the Authority and published herein will: (a) increase the monthly assessment from $3.00 per month to $4.50 per month, effective April 1, 2007 and (b) set the maximum payment available to a tenant for a single section home and a multi-section home whose home has been determined to be non-relocatable at $10,000.00 and $18,000.00 respectively.

The public hearing will be on Monday, January 22, 2007, beginning at 6:00 p.m. and ending at 7:30 p.m. in the Auditorium located at the offices of the Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901. In the event of inclement weather that requires the January 22, 2007 public hearing to be postponed, the public hearing will be held on Monday, January 29, 2007 at 6:00 p.m. and ending at 7:30 p.m. at the same location described above.

Copies of the proposed regulations are available for review by contacting:

William A. Denman, Esquire

Parkowski, Guerke & Swayze, P.A.

116 W. Water Street

Dover, DE 19904

(302) 678-3262

Email: wdenman@pgslegal.com

Anyone wishing to present oral comments at this hearing should contact Mr. William A. Denman at (302) 678-3262 by Friday, January 19, 2007. Anyone wishing to submit written comments as a supplement to, or in lieu of oral testimony, should submit such comments by January 31, 2007 to:

William A. Denman, Esquire

Parkowski, Guerke & Swayze, P.A.

116 W. Water Street

Dover, DE 19904

(302) 678-3262

Email: wdenman@pgslegal.com

DELAWARE RIVER BASIN COMMISSION

NOTICE OF PUBLIC HEARING AND COMMISSION MEETING

The Delaware River Basin Commission will hold a public hearing and business meeting on Tuesday, December 12, 2006 at 10:15 a.m. at the Commissioner’s office, 25 State Police Drive, West Trenton, New Jersey. For more information visit the DRBC website at http://www.drbc.net, or contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.

department of agriculture

Harness Racing Commission

NOTICE OF PUBLIC HEARING

The Delaware Harness Racing Commission (DHRC), pursuant to 3 Del.C. §10005, proposes to change DHRC Rules 3, 5 and 8. The Commission will hold a public hearing on the proposed rule changes on January 9, 2007. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.

The proposed changes are for the purpose of updating the rules to reflect current policies, practices and procedures. For example, Rule 3 updates position titles and outdated practices, Rule 5 adds new language requiring the use of safety vests, and Rule 8 updates drug testing procedures and trainer responsibilities.

DEPARTMENT OF EDUCATION

The Department of Education will hold its monthly meeting on Thursday, December 21, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

department of health and social services

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC COMMENT PERIOD

Attendant Services §1915(c) Home and Community-Based Services Waiver Application

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, and, in compliance with State Notice procedures as set forth in the Federal Register, September 27, 1994, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) has submitted an Attendant Services §1915(c) Home and Community-Based Services (HCBS) Waiver application to the Centers for Medicare and Medicaid Services (CMS).

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning this waiver 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 or by fax to (302) 255-4454 by December 31, 2006. The Attendant Services §1915(c) HCBS Waiver application can be viewed at:

Attendant Service Waiver1006.pdf

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

Long Term Care Medicaid

Sections 20350 and 20400

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 and Medical Assistance (DMMA) is proposing to amend a rule in the Division of Social Services Manual (DSSM) used to determine eligibility for medical assistance.

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 or by fax to (302) 255-4425 (new fax number) by December 31, 2006.

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.

department of insurance

NOTICE OF PUBLIC COMMENT PERIOD

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of proposed Department of Insurance Regulation 704 relating to Homeowners Premium Consumer Rate Comparisons. The docket number for this proposed regulation is 321.

The proposed regulation would require homeowner’s insurance companies to provide survey data to the Department of Insurance for the purposes of allowing consumers of residential homeowners insurance the opportunity to compare rates from different companies. The survey data would have to be filed with the Department on an annual basis. The regulation would also require the insurers to provide direct email responses to the consumer. The Delaware Code authority for the change is 18 Del.C. §§311 and 2501 et seq.

The text can also be viewed at the Delaware Insurance Commissioner’s website at www.delawareinsurance.gov and clicking on the link for “Proposed Regulations.”

The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendment. Any written submission in response to this notice and relevant to the proposed change must be received by the Department of Insurance no later than 4:30 p.m., Wednesday, January 3, 2007, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, sent by fax to 302.739.5566 or emailed to michael.rich@state.de.us.

department of insurance

NOTICE OF PUBLIC COMMENT PERIOD

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of proposed Department of Insurance Regulation 1215 relating to RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES. The docket number for this proposed regulation is 322.

The purpose of this regulation is to recognize, permit and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities in accordance with 18 Del.C. §§311 and 1113 and Sections 5.1 and 5.2 of Regulation 1212. The proposed regulation adopting new tables more accurately reflect differences in mortality in determining minimum reserve liabilities for certain life products.

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, and compilations of data or other materials concerning the proposed amendment. Any written submission in response to this notice and relevant to the proposed change must be received by the Department of Insurance no later than 4:30 p.m., Wednesday, January 3, 2007, and should be addressed to Deputy Attorney General Michael J. Rich, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, sent by fax to 302.739.5566 or emailed to michael.rich@state.de.us.

Department of safety and homeland security

Board of Examiners of Private Investigators and Private Security Agencies

NOTICE OF PUBLIC COMMENT PERIOD

Notice is hereby given that the Board of Examiners of Private Investigators and Private Security Agencies, in accordance with Del. Code Title 24 Chapter 13 proposes to adopt Rule 12.0 – Use of Rifle and Shotgun. This adoption will allow the use of rifles and shotguns by trained security/armored car guards to be equipped to handle situations where the risk of terrorist activity is high or under genuine risk to life or to property. If you wish to view the complete Rule, contact Ms. Peggy Anderson at (302) 739-5991. Any persons wishing to present views may submit them in writing, by December 31, 2006, to Delaware State Police, Detective Licensing, P.O. Box 430, Dover, DE 19903. The Board will hold its quarterly meeting Thursday, January 25, 2006, 10:00 a.m., at the Delaware State Police Headquarters Conference Room, 1441 North DuPont Highway in Dover, Delaware.

DEPARTMENT OF STATE

Division of Professional Regulation

1400 Board of Electrical Examiners

NOTICE OF RESCHEDULED PUBLIC HEARING

The Delaware Board of Electrical Examiners, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §1406(a)(1), proposed changes to its Regulations 6.0, 7.0, and 8.0 relating to electricians’ liability insurance. Specifically, the changes to 6.0 License and Insurance, 7.0 Expiration and Renewal, and 8.0 Continuing Education would allow licensees to attest to maintenance of their required liability insurance during the renewal process. The Board also proposed to change 15.0 Inspection Agencies to end the Division of Professional Regulation’s practice of mailing quarterly lists of licensed electricians to all licensed inspection agencies.

Pursuant to 29 Del.C. §10115, notice of the public hearing and a copy of the proposed regulatory changes was published in the Delaware Register of Regulations, Volume 10, Issue 4 on October 1, 2006. However, notice was not published in two (2) Delaware newspapers of general circulation, as required by 29 Del.C. §10115, so the public hearing could not be conducted on November 1, 2006 as originally scheduled. The public hearing has, therefore, been rescheduled for January 3, 2007.

A public hearing will be held on the proposed regulatory changes on Wednesday, January 3, 2007 at 8:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Judy Letterman at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed changes or to make comments at the public hearing should contact Judy Letterman by calling (302) 744-4504.

The Board will consider promulgating the proposed regulations immediately following the public hearing.

Division of Professional Regulation

2500 Board of Pharmacy

NOTICE OF PUBLIC HEARING

The Delaware Board of Pharmacy, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §2509, proposes changes to its Regulation 8.0 affecting the licensure requirements for wholesale distributors.

A public hearing is scheduled for Wednesday, January 17, 2007 at 9:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Mariah Krass at the above address. The final date to submit written comments will be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Mariah Krass at the above address or by calling (302) 744-4526.

The Board will consider promulgating the proposed regulations immediately following the public hearing.

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