Calendar of Events/Hearing Notices
CALENDAR
October 2014
CASH MANAGEMENT POLICY BOARD
PUBLIC NOTICE
Objectives and Guidelines for the Investment of State of Delaware Funds
In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C. Ch. 101, the Cash Management Policy Board of the State of Delaware is proposing to adopt a regulation on objectives and guidelines for the investment of State funds as described in 29 Del.C. §2716. The proposed regulation sets forth the rules governing practices for those investments.
Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing or calling Ms. Angela Moffett-Batty, Secretary, Delaware Department of Finance, Carvel State Building, 820 North French Street, Wilmington, Delaware 19899-8763, phone (302) 577-8522, or facsimile at (302) 577-8565. Members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Moffett-Batty at the address of the Delaware Department of Finance as set forth above. Written comments must be received on or before October 31, 2014.
DELAWARE CRIMINAL JUSTICE INFORMATION SYSTEM
PUBLIC NOTICE
Delaware Criminal Justice Information System Regulations
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 11 of the Delaware Code, Chapter 86, Section 8605, the Delaware Criminal Justice Information System (DELJIS) Board of Managers proposes to adopt regulations. These proposed regulations are applicable to all users of the Delaware Criminal Justice Information System (CJIS) and to any agency requesting access to CJIS from the Board. The proposed regulations will ensure that access to criminal justice information conforms to the statutory requirements outlined in Chapters 85 and 86 of Title 11 of the Delaware Code.
Copies of the proposed regulations are available for review in the October 1, 2014 edition of the Delaware Register of Regulations, accessible online at http://regulations.delaware.gov or by calling DELJIS at 302-739-4856.
The Board will hold a public hearing on the proposed regulations on October 22, 2014 from 1:00 p.m. until 3:00 p.m., at the Division of Accounting, New Castle Conference Room, 820 Silver Lake Boulevard, Dover, DE 19904.
Any person who wishes to make any written suggestions, compilations of data, briefs or other written materials concerning the proposed new regulations must submit same to Peggy A. Bell, Executive Director, DELJIS, 802 Silver Lake Blvd, Suite 101, Dover DE 19904, or by fax to 302-739-6285.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be November 6, 2014, which is 15 days following the public hearing.
The action concerning the determination of whether to adopt the proposed regulations will be based upon the results of the Board and the consideration of the written comments filed by other interested persons.
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Office of the Director
PUBLIC NOTICE
Guidelines Governing the Administration of the Neighborhood Building Blocks Fund
The Neighborhood Building Blocks Fund Board proposes to adopt Guidelines for the administration of the distribution of funds authorized by §39 of the FY 2015 Budget Act (79 Del. Laws ch. 290). The Neighborhood Building Blocks Fund may be used to support local neighborhood revitalization programs, including grants to neighborhood associations and other community groups, law enforcement, local governments or other stakeholders for community development, public protection, urban beautification or any other purposes that have the effect of reducing crime or otherwise strengthen neighborhoods. The Board is seeking public comment on the proposed guidelines. Written comments should be sent to Diane Laird, State Coordinator, Downtown Delaware, Delaware Economic Development Office, Carvel State Building, 820 N. French St., Wilmington, DE 19801. Written comments will be accepted until October 30, 2014 pursuant to 29 Del.C. §10118(a).
DEPARTMENT OF EDUCATION
PUBLIC NOTICE
The State Board of Education will hold its monthly meeting on Thursday, October 16, 2014 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
Department of Health and Social Services
Division of Long Term Care Residents Protection
3315 Rest (Family) Care Homes
The Division of Long Term Care Residents Protection (DLTCRP) is proposing a full the revision of Regulation 3315, Rest (Family) Care Homes. The proposed regulations will replace the entire existing Regulation 3315.
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 Mary Peterson, Director, Division of Long Term Care Residents Protection, 3 Mill Road, Suite 308, Wilmington, DE 19806 by Friday, October 31, 2014.
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
Office of the Commissioner
PUBLIC NOTICE
403 Sale and Purchase of Options [Formerly Regulation 28]
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of proposed amended Department of Insurance Regulation 403 relating to Sale and Purchase Options [Formerly Regulation 28]. The docket number for this proposed regulation is 2413.
The proposed amended regulation withdraws the provisions for Sale and Purchase Options due to the promulgation of new Regulation 404 Derivative Instruments, which sets standards for the prudent use of derivative instruments by domestic insurers. The Delaware Code authority for this proposed regulation is 18 Del.C. §§311 and 1303(a) and 29 Del.C. Ch. 101.
The Department of Insurance does not plan to hold a public hearing on the proposed amended regulation. The proposed amended regulation appears below and can also be viewed at the Delaware Insurance Commissioner's website at
http://www.delawareinsurance.gov/departments/documents/ProposedRegs/.
Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amended regulation. Any written submission in response to this notice and relevant to the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m. EST, Friday, October 31, 2014. Any such requests should be directed to:
Regulatory Specialist Rhonda West
Delaware Department of Insurance
841 Silver Lake Boulevard
Dover, DE 19904
Phone: (302) 674-7379
Fax: (302) 739-5566
Email: rhonda.west@state.de.us
This Regulation shall become withdrawn effective December 11, 2014.
DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Division of State Police
5500 Bail Enforcement Agents
PUBLIC NOTICE
Notice is hereby given that the Board of Examiners of Bail Enforcement Agents, in accordance with 24 Del.C., Ch. 55 proposes to amend:
Adopted Rule 3.0 - Use of Animals, basic verbiage clean-up to keep with consistency throughout;
Adopted Rule 8.0 - Apprehension Procedures, basic verbiage clean-up to keep with consistency throughout;
Adopted Rule 9.0 - Notification of Arrest, deleted by Directive issued by Governor Markell, redundant as it is in the law;
Adopted Rule 9.0 - Electronic Control Device (ECD), creates rule allowing BEA's to carry these devices and mandates the training and instructors;
Adopted Rule 10.0 - Suspensions and Revocations, basic verbiage clean-up to keep with consistency throughout; and
Adopted Rule 12.0 - Prohibited acts basic verbiage clean-up to keep with consistency throughout.
If you wish to view the complete Rules, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by October 31, 2014, to Delaware State Police, Professional Licensing Section, P.O. Box 430, Dover, DE 19903. The Board will hold its quarterly meeting Tuesday, November 25, 2014, 10:00am, at the Tatnall Building, 150 Martin Luther King, Jr. Boulevard South, Room 112, Dover, DE.
DEPARTMENT OF STATE
Division of Professional Regulation
Board of Landscape Architecture
PUBLIC NOTICE
200 Board of Landscape Architecture
The Delaware Board of Landscape Architects, pursuant to 24 Del.C. §205(a)(1), proposes to amend its rules and regulations. The proposed regulation changes address continuing education requirements and set forth a procedure by which licensees and continuing education sponsoring organizations may seek pre-approval of continuing education units. The proposed changes also bring the regulations into compliance with the Division of Professional Regulation’s operating procedures and create continuity throughout the regulations.
The Board will hold a public hearing on the proposed regulation change on November 13, 2014 at 9:00 a.m., Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Lisa Smith, Administrative Specialist of the Delaware Board of Architects, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until November 28, 2014 pursuant to 29 Del.C. §10118(a).
Division of Professional Regulation
Examining Board of Physical Therapists and Athletic Trainers
PUBLIC NOTICE
2600 Examining Board of Physical Therapists and Athletic Trainers
Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers ("the Board") has proposed revisions to its rules and regulations.
A public hearing will be held on October 28, 2014 at 4:30 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 Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be November 12, 2014, which is 15 days following the public hearing.
The Board's proposed amendments serve to clarify rules pertaining to home health aides, supervision, and the practice of athletic training. Proof of current CPR certification is added to licensure requirements. Rules relating to licensure reactivation and reinstatement are revised for consistency. Rule 12.24 is added to specifically prohibit licensee involvement in kickbacks. Finally, a new Rule 15.0 is added to set forth advanced training requirements for the emergency administration of asthma and anaphylaxes medications and for physical therapy and athletic training care provided outside the clinical setting to athletic injuries.
Division of Professional Regulation
PUBLIC NOTICE
2700 Board of Registration for Professional Land Surveyors
The Delaware Board of Professional Land Surveyors, in accordance with 24 Del.C. §2706(a)(1), has proposed revisions to its rules and regulations. The proposed revisions to the Rules and Regulations are intended to allow professional development hours to be obtained by active duty military. The Board will hold a public hearing on the proposed rule changes on November 20, 2014 at 8:30 a.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Amanda McAtee, Administrator of the Delaware Board of Professional Land Surveyors, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904.
Office of the State Bank Commissioner
PUBLIC NOTICE
Notice of Proposed Amendment to Regulation 1114 of the State Bank Commissioner
The State Bank Commissioner proposes to amend Regulation 1114 (Alternative Franchise Tax), adopted in accordance with Chapter 11 of Title 5 of the Delaware Code and 75 Delaware Laws Chapter 223, Section 6. The purpose of the proposed amendment is to clarify the existing regulation with respect to elections made pursuant to Section 1101A(c)(3) of Title 5, to adopt a procedure for the taxation under Section 1101A of a resulting branch in this State of an out-of-state bank pursuant to Section 1101A(c)(5), and to improve the tax forms with respect to the itemization of tax credits. Other regulations issued by the State Bank Commissioner are not affected by this proposal. The State Bank Commissioner is issuing this proposed amended regulation in accordance with Title 5 of the Delaware Code and 75 Delaware Laws Chapter 223, Section 6. This notice is issued pursuant to the requirements of Title 29 of the Delaware Code, Chapter 11, Subchapter III, and Chapter 101, Subchapter II.
A copy of the proposed amended regulation is being published in the October 1, 2014 edition of the Delaware Register of Regulations. A copy is also on file in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 and is available for inspection during regular office hours. Copies are available upon request.
Interested parties may offer comments on the proposed amended regulation or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner at the above address as to whether this proposed amended regulation should be adopted, rejected or modified. Pursuant to 29 Del.C. §10118(a), public comments must be received on or before November 3, 2014. Written materials submitted will be available for inspection at the above address.
On or after November 3, 2014, following review of the public comment, the State Bank Commissioner will determine whether to adopt the proposed amended Regulation 1114, or make additional changes because of the public comments received.
Office of the State Bank Commissioner
PUBLIC NOTICE
Notice of Proposed Amendments to 8 Regulations of the State Bank Commissioner
Summary
The State Bank Commissioner proposes to amend eight Regulations adopted in accordance with Title 5 of the Delaware Code, Chapters 21, 22, 27 and 29. Regarding Title 5, Chapter 21 (Mortgage Loan Brokers), the proposed amended Regulations are 2101(Operating Regulation), 2102 (Minimum Records) and 2104 (Minimum Disclosure and Agreement Requirements). Regarding Title 5, Chapter 22 (Licensed Lenders), the proposed amended Regulations are 2201 (Operating Regulation) and 2202 (Minimum Records). Regarding Title 5, Chapter 27 (Cashing of Checks, Drafts or Money Orders), the proposed amended Regulation is 2701 (Operating Regulation). Regarding Title 5, Chapter 29 (Financing the Sale of Motor Vehicles), the proposed amended Regulations are 2901 (Operating Regulation) and 2902 (Minimum Records). The purpose of the proposed amendments is to clarify the existing regulations and reduce regulatory burden. Other regulations issued by the State Bank Commissioner are not affected by this proposal. The State Bank Commissioner is issuing these proposed amended regulations in accordance with Title 5 of the Delaware Code. This notice is issued pursuant to the requirements of Title 29 of the Delaware Code, Chapter 11, Subchapter III, and Chapter 101, Subchapter II.
Comments
A copy of the proposed amended regulations is being published in the October 1, 2014 edition of the Delaware Register of Regulations. A copy is also on file in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 and is available for inspection during regular office hours. Copies are available upon request.
Interested parties may offer comments on the proposed amended regulations or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner at the above address as to whether these proposed amended regulations should be adopted, rejected or modified. Pursuant to 29 Del.C. §10118(a), public comments must be received on or before November 3, 2014. Written materials submitted will be available for inspection at the above address.
Adoption of Proposed Amended Regulations
On or after November 3, 2014, following review of the public comment, the State Bank Commissioner will determine whether to adopt the proposed amended Regulations 2101, 2102, 2104, 2201, 2202, 2701, 2901 and 2902, or make additional changes because of the public comments received.
Public Service Commission
PUBLIC NOTICE
PROPOSED AMENDMENTS TO THE PUBLIC SERVICE COMMISSION’S “RULES FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES”
AND
“REGULATION GOVERNING THE MINIMUM SERVICE REQUIREMENTS FOR THE PROVISION OF TELEPHONE SERVICE FOR PUBLIC USE WITHIN THE STATE OF DELAWARE”
TO: ALL TELECOMMUNICATIONS CARRIERS, ALL
CONSUMERS, AND OTHER INTERESTED PERSONS
In 2001, the Public Service Commission ("PSC ") adopted “Rules for the Provision of Telecommunications Services” (“Telecom Rules”) to govern its regulatory oversight of telecommunications carriers operating within Delaware. Those Rules apply to all current telecommunications carriers.
By PSC Order No. 8618 (Aug. 19, 2014), the PSC now proposes to amend those Telecom Rules. The proposed changes are a result of new legislation (H.B.96) which was effective on July 15, 2013. This bill was enacted to reflect the competitive environment that now exists for telecommunications services. The legislation reduced the oversight of the PSC while it retained oversight of basic services.
The text of these proposed rules are attached to PSC Order No. 8618. That Order and the exhibits are reproduced in the October 2014 edition of the Delaware Register of Regulations. The Order and exhibits can also be reviewed on-line at the PSC’s website at www.state.de.us/delpsc. You can also obtain a paper copy of the Order at the PSC’s Dover office. Those paper copies will cost $0.25 per page.
You can file written comments, suggestions, briefs, compilations of data, or other materials concerning these proposed amendments to the Telecom Rules. Such material (10 copies or file online to our Delafile system) must be submitted to the Commission on or before Friday, November 7, 2014. Send the material to the Commission’s Dover office at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building
Suite 100
Dover, Delaware, 19904
Attn: PSC Reg. Dckts. Nos. 10, 45 & 20
In addition, the PSC will conduct a public hearing on these proposed changes on Wednesday, November 19, 2014, beginning at 10:00 AM. The hearing will take place in the Third Floor Conference Room of the Carvel State Office Building, 820 North French Street, Wilmington, Delaware. You can submit additional materials then.
If you are handicapped and might need assistance or aids in participating in this matter, please contact the PSC to discuss the needed assistance or aids. You can contact the PSC with questions or requests about this matter at the Commission's toll-free telephone number (800) 282-8574 (Delaware only) or (302) 739-4333 (including text telephone). You can also send inquiries by Internet e-mail addressed to psc@state.de.us.
