Delaware Register, Volume 27, Issue 03, September 1, 2023

• Jurisdiction: Delaware
• Library: Delaware Register
• Published date: 01 September 2023
• Year: 2023

Delaware Register

Regulations

of

Issue Date: September 1, 2023

Volume 27 - Issue 3, Pages 130-195

Pursuant to 29 Del.C. Chapter

11, Subchapter III, this issue of

the Register contains all docu-

ments required to be published,

and received, on or before

August 15, 2023.

Cover Photo

Gordon’s Pond State Park

IN THIS ISSUE:

Regulations:

Proposed

Final

Calendar of Events &

Hearing Notices

Office of the Registrar of Regulations,

Legislative Council,

State of Delaware

INFORMATIO N AB O U T T H E D E L AWARE

REGISTER OF REGULATIONS

DELAWARE REGISTER OF REGULATIONS, VOL. 27, ISSUE 3, FRIDAY, SEPTEMBER 1, 2023

131

DELAWARE REGISTER OF REGULATIONS

The Delaware Register of Regula tions is an official State publication established by authority of 69 Del.

Laws, c. 107 and is published on the first of each month throughout the year.

The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed

and any emergency regulations promulgated.

The Register will also publish some or all of the following information:

• Governor’s Executive Orders

• Governor’s Appointments

• Agency Hearing and Meeting Notices

• Other documents considered to be in the public interest.

CITATION TO THE DELAWARE REGISTER

The Delaware Register of Regulations is cited by volume, issue, page number and date. An example

would be:

19 DE Reg. 1100 (06/01/16)

Refers to Volume 19, page 1100 of the Delaware Register issued on June 1, 2016.

SUBSCRIPTION INFORMATION

The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single

copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of

Research at 302-744-4114 or 1-800-282-8545 in Delaware.

CITIZEN PARTICIPATION IN THE REGULATORY PROCESS

Delaware citizens and other interested parties may participate in the process by which administrative

regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability

of regulations is determined.

Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation,

it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted,

amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this

title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance,

issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to

any other regulations that may be impacted or affected by the proposal, and shall state the manner in which

persons may present their views; if in writing, of the place to which and the final date by which such views may be

submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such

public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the

Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a

summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general

circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for

advance notice of its regulation-making proceedings.

INFORMATIO N AB O U T T H E D E L AWARE

REGISTER OF REGULATIONS

DELAWARE REGISTER OF REGULATIONS, VOL. 27, ISSUE 3, FRIDAY, SEPTEMBER 1, 2023

132

The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is

published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed,

of all written materials, upon all the testimonial and written evidence and information submitted, together with

summaries of the evidence and information by subordinates, the agency shall determine whether a regulation

should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief

summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the

evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt,

amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the

evidence and information received; (4) The exact text and citation of such regulation adopted, amended or

repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which

the agency has authority to act; and (7) The signature of at least a quorum of the agency members.

The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days

from the date the order adopting, amending or repealing a regulation has been published in its final form in the

Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119.

Any person aggrieved by and claiming the unlawfulness of any regulation m ay bring an action in the Court

for declaratory relief.

No action of an agency with respect to the making or consideration of a proposed adoption, amendment or

repeal of a regulation shall be subject to review until final agency action on the proposal has been taken.

When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation

may be reviewed by the Court as a defense in the action.

Except as provided in the preceding section, no judicial review of a regulation is available unless a

complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was

published in the Register of Regulations.

CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF

REGULATIONS

ISSUE DATE CLOSING DATE CLOSING TIME

October 1 September 15 4:30 p.m.

November 1 October 15 4:30 p.m.

December 1 November 15 4:30 p.m.

January 1 December 15 4:30 p.m.

February 1 January 15 4:30 p.m.

March 1 February 15 4:30 p.m.

DIVISION OF RESEARCH STAFF

Mark J. Cutrona, Director; Richard Dillard, Legislative Drafting Advisor; Amanda Fulton, Special Projects

Administrative Specialist; Deborah Gottschalk, Sr. Legislative Attorney; Quran Hernandez, Graphics and Printing

Technician III; Benjamin Kowal, Legislative Research Analyst; Robert Lupo, Graphics and Printing Supervisor;

Colinda Marker, Executive Assistant; Amanda McAtee, Joint Legislative Oversight Sunset Committee Analyst;

Carolyn Meier, Delaware Code Editor; Kathleen Morris, Fiscal Administrative Officer; Nathan Poore, Graphics

and Printing Technician IV; Joel Rudnick, Legislative Librarian; Erika Schrader, Assistant Registrar of

Regulations; Yvette W. Smallwood, Registrar of Regulations; Holly Vaughn Wagner, Deputy Director; Carrie

Wansta ll, Administrative Specialist III; Natalie White, Legal Publications Editor; Cara Wilson, Legislative Attorney.