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Calendar of Events/Hearing Notices

 

CALENDAR

March 2005

DELAWARE RIVER BASIN COMMISSION

Public Notice

The Delaware River Basin Commission will meet on Wednesday, March 16, 2005 at 9:30 a.m. at the law offices of Wolf, Block, Schorr and Solis-Cohen, LLP, 1650 Arch Street, Philadelphia, Pennsylvania in the 26th floor conference room. For more information contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203

department of administrative services

Division of Professional Regulation

Board of Accountancy

Notice Of Public Hearing

The Delaware Board of Accountancy in accordance with 24 Del.C. §105(a)(1) has proposed changes to its rules and regulations. The proposal amends Board Regulation 10.8: Composition of Continuing Professional Education. The regulation as amended converts the stated requirements from percentages to credit hours and adds a provision that four (4) of the required credit hours shall be in a Delaware specific ethics course approved by the Board. The regulation does not change the total number of required continuing education credit hours.

A public hearing will be held on April 20, 2005 at 9:00 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 regulation may obtain a copy from the Delaware Board of Accountancy, 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 Chiropractic

Notice Of Public Hearing

The Delaware Board of Chiropractic in accordance with 24 Del.C. §706(a)(1) has proposed changes to its rules and regulations. The proposal amends rule 4.2.1 Continuing Education for Licensees Other Than New Licensees to provide that the maximum allowable online continuing education credits permissible in each reporting period is twelve (12) of the twenty-four (24) required hours.

A public hearing will be held on April 21, 2005 at 8:45 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 Chiropractic, 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 Dental Examiners

Notice Of Public Hearing

The Delaware Board of Dental Examiners in accordance with 24 Del.C. §1106(1) has proposed changes to its rules and regulations as mandated by SB 229 (74 Del. Laws C. 262) to identify crimes that are substantially related to the provision of dentistry and dental hygiene. The change also clarifies who is eligible to take the practical (clinical) examination in dentistry or dental hygiene.

A public hearing will be held on March 10, 2005 at 6:00 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 Dental Examiners, 861 Silver Lake Boulevard, 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

Notice Of Public Hearing

PLEASE TAKE NOTICE pursuant to 29 Del.C. chapter 101 and 24 Del.C. §1906(1) the Delaware Board of Nursing proposes to revise its Rules and Regulations.

The subject matter of the proposed revisions relates to the insertion and removal of epidural catheters by Advanced Practice Nurses and also identifies specific health care acts to be excluded from delegation by competent individuals as specified in 24 Del.C. §1921(a)(19).

The proposed rule and regulation developed by the Board relating to the insertion and removal of epidural catheters provides that the insertion and removal of epidural catheters is an authorized practice for Certified Registered Nurse Anesthetists and provides that the removal of epidural catheters is authorized practice for Nurse Practitioners, Clinical Nurse Specialists and Certified Nurse Midwives with specialized training.

Pursuant to 24 Del.C. §1906(1) and Senate Bill No. 261, as amended [74 Del. Laws C. 762], the Board of Nursing is also proposing Rules and Regulations which specifically identify health care acts to be excluded from delegation to unlicensed persons by competent individuals who do not reside in a medical facility or a facility regulated pursuant to Chapter 11 of Title 16. [See 24 Del.C. §1921(19)].

A public hearing concerning these proposed changes to the Board of Nursing Rules and Regulations will be held on Wednesday, April 13, 2005 at 9:30 a.m., in the auditorium of the Carter Partnership Building, Delaware Technical and Community College, Owens Campus, Georgetown, Delaware.

Anyone desiring a copy of the proposed Rules and Regulations 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 April 12, 2005. Persons wishing to make comments at the public hearing on April 13, 2005 should contact Iva Boardman at the above address or by calling (302) 744-4517.

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 the result of statutory amendments due to the enactment of SB 292. The proposal amends the rules to reflect the current practice of athletic training.

A public hearing will be held on April 19, 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 adopting the proposed amendments to its 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(a)(1) has proposed changes to its rules and regulations relating to continuing education. The proposal authorizes the automatic approval of courses offered by the Academy of Funeral Services Practitioners (AFSP) or state boards that license funeral directors.

A public hearing will be held at 10:30 a.m. on April 6, 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 rule 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 rule at its regularly scheduled meeting following the public hearing.

DEPARTMENT OF EDUCATION

The State Board of Education will hold its monthly meeting on Thursday, March 17, 2005 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division Of Public Health

Notice Of Public Hearing

The Health Systems Protection Section, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed State of Delaware Regulations Governing the Production and Sale of Milk and Milk Products.

The public hearing will be held on March 23, 2005 at 10:00 a.m. in the 3rd Floor Conference Room of the Jesse Cooper Building located at the intersection of Federal and Water Streets in Dover Delaware. Copies of the proposed regulations are available for review by calling the following location:

Community Environmental Health (Mr. Ed Pettee)

Williams State Service Center

805 River Road

Dover, DE 19901

Telephone: (302) 739-5305

Anyone wishing to present his or her oral comments at this hearing should contact Mr. David P. Walton at (302) 744-4700 by Tuesday, March 22, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony can fax them to David Walton at (302) 739-6659 or submit such comments by Thursday, March 31, 2005 to:

David P. Walton

Division of Public Health

P.O. Box 637

Dover, Delaware 19903-0637

Division of Social Services

Public Notice

TANF and Food Stamp Employment Training 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 Social Services is proposing to amend the Division of Social Services Manual (DSSM) regarding changes to Delaware’s Temporary Assistance for Needy Families (TANF) and Food Stamp Employment and Training policies.

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, and P.O. Box 906, New Castle, Delaware 19720-0906 by March 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 Social Services

Public Notice

Long Term Care 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 Social Services is proposing to amend the Division of Social Services Manual (DSSM) regarding the Long Term Care Program. The proposal gives direction on counting annuities for the eligibility process.

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 19720-0906 by March 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 Social Services

Public Notice

 

Attendant Services Waiver Program (ASWP)

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 Division of Social Services Manual (DSSM) regarding the Attendant Services Waiver Program (ASWP).

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, and P.O. Box 906, New Castle, Delaware 19720-0906 by March 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.

department of insurance

Notice Of Public Hearing

 

INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice that a PUBLIC HEARING will be held on Wednesday, March 30, 2005 at 10:00 a.m. in the Consumer Services Conference Room of the Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, Delaware. The hearing is to receive public comment on proposed Regulation 702 relating to REQUIRED DISCLOSURES FOR RESIDENTIAL HOMEOWNERS POLICIES.

The purpose for proposing Regulation 702 is to require insurance companies to deliver a separate form to policyholders on an annual basis explaining information about coverage limitations.  That form would, among other things: explain that Delaware homeowners insurance does not cover flood damage, and will explain to the homeowner how flood insurance can be obtained; explain how to assure replacement coverage; explain limitations on reimbursement for theft from the home and how to obtain additional coverage for theft; and to require explanations for an insurer’s decision not to renew a homeowner’s policy at the end of the term.

The hearing will be conducted in accordance with 18 Del.C. §311 and the Delaware Administrative Procedures Act, 29 Del.C. Chapter 101. Comments are being solicited from any interested party. Comments may be in writing or may be presented orally at the hearing. Written comments, testimony or other written materials concerning the proposed change to the regulation must be received by the Department of Insurance no later than 4:30 p.m., Tuesday, March 29, 2005, 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 Natural Resources and Environmental Control

Division of Water Resources

Notice Of Public Hearing

7408 TMDL’s For The Murderkill River Watershed

 
Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) is proposing to amend the 2001 Total Maximum Daily Loads (TMDLs) Regulation for the Murderkill River Watershed, Delaware. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties and future growth.

The proposed amendments are the result of additional technical studies and field work that has shown that the 2001 Murderkill River TMDL Regulation should be amended.

Notice of Public Comment

A public hearing will be held at 6:00 p.m., April 7, 2005, at the Felton Fire Hall, 9 East Main Street, Felton, Delaware. If you cannot attend the hearing, you are encouraged to submit written comments well in advance of the hearing date. All written and oral comments must be received by the conclusion of the hearing. The hearing record will close at the conclusion of the hearing. Please send written comments to Hassan Mirsajadi, DNREC/Division of Water Resources, Watershed Assessment Section, Silver Lake Plaza – Suite 220, 820 Silver Lake Boulevard, Dover, DE 19904-2464, (302) 739-4590, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us). You are encouraged to submit comments electronically.

Copies of the proposed amended regulation and supporting technical document are available at the Department’s website at http://www.dnrec.state.de.us/water2000/Sections/Watershed/TMDL/tmdlinfo.htm

or may be obtained by contacting Hassan Mirsajadi.

DELAWARE RIVER BASIN COMMISSION

Public Notice

The Delaware River Basin Commission will meet on Wednesday, March 16, 2005 at 9:30 a.m. at the law offices of Wolf, Block, Schorr and Solis-Cohen, LLP, 1650 Arch Street, Philadelphia, Pennsylvania in the 26th floor conference room. For more information contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203

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