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Calendar of Events/Hearing Notices



October 2019



The State Board of Education will hold its monthly meeting on Thursday, October 24, 2019 at 5:00pm in the Townsend Building in Dover, DE (401 Federal St., Dover, DE).

Please note: Due to a conflict this meeting has been moved to the 4th Thursday of the month.



Division of Social Services


Determination of Child Care - Parents Under Age 18

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, 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 amend Child Care, specifically, to update policy regarding minor parents who are under the age of 18 and residing with their legal guardians or parents.

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, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to, or by fax to 302-255-4413 by 4:30 p.m. on October 31, 2019. Please identify in the subject line: Determination of Child Care - Parents Under Age 18.

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 Historical and Cultural Affairs


901 Historic Preservation Tax Credit Program

The Historic Preservation Tax Credit Act (30 Del.C. Ch. 18, Subch. II) was first enacted by the General Assembly in 2001 and was amended in 2002, 2003, 2004, 2005, 2010 and 2014. Program regulations were adopted on July 11, 2002 (6 DE Reg. 108 published 07/01/02), and were amended on July 11, 2004 (8 DE Reg. 194 published 07/01/04), on January 11, 2005 (8 DE Reg. 1031 published 01/01/05), on October 11, 2010 (14 DE Reg. 485, published 11/01/2010), on September 11, 2014 (18 DE Reg. 237 published 09/01/14), and on November 11, 2018 (22 DE Reg. 409 published 11/1/18). The purpose of this proposed regulatory amendment is to eliminate section 7.4 which allows applicants to request an increase in their credit award. The intent of the provision, added to the regulation in 2010, was to take into consideration changes in project costs that can occur during construction. However the provision is not included in the enabling legislation or Delaware Code, and as written is open to interpretation and therefore vulnerable to challenges. Section 8.1.2 regarding fees for increased awards would also be eliminated from the regulation, as the removal of section 7.4 will render that subsection irrelevant. An amendment to section 7.6 of the regulation is also proposed to reflect changes to the program made in the 149th and 150th General Assembly of Delaware. The Bond and Capital Improvements Acts increased the total amount of credits available in each state fiscal year, through state fiscal year 2025 (81 Del. Laws c. 303 and 82 Del. Laws c. 86), but did not specifically allocate credits to a type of project. The amendment will establish the process for distributing unallocated credits in accordance with Delaware Code.

PLEASE TAKE NOTICE, pursuant to 29 Del.C. Ch. 101, the Division of Historical and Cultural Affairs proposes to amend rules and regulations pursuant to its authority under 30 Del.C. §1815(b). The Division will receive and consider all written comments on the proposed rules and regulations related to implementation of amendments to the Historic Preservation Tax Credit Act. Submit comments to the Division in care of Timothy A. Slavin, Director, Division of Historical and Cultural Affairs, 21 The Green, Dover, DE 19901. The final date to submit comments is October 31, 2019. Anyone wishing to obtain a copy of the proposed amendments to the rules and regulations should notify Timothy A. Slavin at the above address or call 302-736-7400. This notice will be published in two newspapers of general circulation.


Division of Professional Regulation

1900 Board of Nursing


The Delaware Board of Nursing, pursuant to 24 Del.C. §1904(c) and 1934(a)(1), proposes to revise its regulations to update its regulations pertaining to internationally educated nursing applicants and advanced practice registered nurses. The proposed changes to Regulation 2 seek to clarify the requirements for clinical and didactic preceptors for online nursing education programs and the requirements to obtain Board approval to establish a new nursing school in Delaware. The changes to Regulation 6 clarify the requirements for licensure for internationally or Puerto Rican educated nurses to make them consistent with US educated nurses. The proposed changes to Regulation 8 clean up redundant or inaccurate regulations pertaining to advanced practice registered nurses. More specifically, the definition of audit will be stricken to clarify they are audited along with the registered nurse audit; regulations pertaining to internationally educated APRNs will be added as there currently are none, despite such language existing in the national model rules; the procedure for renewal audits will be clarified to comport with the procedure utilized by the Division of Professional Regulation; and the definition of active practice for APRNs will be added to comply with the statute regarding prescriptive authority.

The Board will hold a public hearing on the proposed regulation changes on November 13, 2019 at 9:00 a.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Dr. Pamela Zickafoose, Executive Director of the Delaware Board of Nursing, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until December 2, 2019 pursuant to 29 Del.C. §10118(a).



Division of Debt and Cash Management


1201 Statement of Objectives and Guidelines for the Investment of State of Delaware Funds

In accordance with the procedures set forth in 29 Del.C. Ch. 11, Subch. III, and 29 Del.C. Ch. 101, the Cash Management Policy Board (the “Board”) is proposing to amend previously adopted regulations governing the deposit and investment of State funds, as permitted by 29 Del.C. §2716.

Members of the public may receive a copy of the proposed regulations at no charge by U.S. Mail by writing or calling Mr. Joshua Berkow at the Office of the State Treasurer, 820 Silver Lake Boulevard, Suite 100, Dover, DE 19904, (302) 672-6728. Members of the public may present written comments on the proposed regulations by submitting such written comments to Mr. Joshua Berkow at the address above. Written comments must be received on or before November 1, 2019.