CHAPTER 107

FORMERLY

HOUSE BILL NO. 209

AN ACT TO AMEND CHAPTERS 6, 11 AND 101 OF TITLE 29 OF THE DELAWARE CODE RELATING TO REGULATIONS AND CERTAIN OTHER GOVERNMENTAL INFORMATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §10161, Title 29, Delaware Code by designating the existing section as subsection (a) thereof and by adding thereto a new subsection to read as follows:

"(b) All agencies which are not listed in subsection (a) of this section shall only be subject to Subchapters I and II of this Chapter and §§10141, 10144 and 10145 of this Chapter."

Section 2. Amend Chapter 101, Title 29, Delaware Code, by striking Subchapter VI thereof in its entirety.

Section 3. Amend §604, Title 29, Delaware Code by striking said section in its entirety.

Section 4. Amend Chapter 11, Title 29, Delaware Code by adding thereto a new Subchapter to read as follows:

"Subchapter III. Agency Regulations

§1131 Legislative Findings.

The General Assembly has conferred on Boards, Commissions, Departments and other agencies of the Executive Branch of State Government the authority to adopt regulations. The General Assembly has found that this delegation of authority has resulted in regulations being promulgated without effective review, or oversight and conformity to legislative intent. The General Assembly finds that they must provide a procedure of oversight and review of regulations pursuant to this delegation of legislative power to curtail excessive regulations and to establish a system of accountability. It is the intent of this Subchapter to establish an effective method of ongoing review, accountability and oversight of regulations to be implemented upon the completion of the requirements of Chapter 101 of this Title. It is further the intent of this Subchapter to provide review by requiring a comment period following the proposal of regulations and requiring the agency to review any comments submitted.

§1132. Definitions

(1) 'Division' means the Division of Research of Legislative Council as established pursuant to this Chapter.

(2) 'Register' means a publication authorized and recognized by law and kept for the recording or registration of facts, documents, regulations, both proposed and promulgated, together with supplemental information required by this Subchapter compiled and periodically published by the Division.

(1) 'Agency' means as defined in §10102 of this Title.

(2) 'Registrar' means an official person in the Division who has the custody or keeping of the register.

(3) 'Substantive' or 'substantive in nature' when used in this Subchapter means when used in connection with proposed regulations, those regulations allowing, requiring or forbidding conduct in which private persons are otherwise free or prohibited to engage in, or regulations which state requirements, other than procedural, for obtaining, retaining or renewing a license or any kind of benefit or recompense.

(1) 'Regulation' means as defined in §10102 of this Title.

§1133. Register of Regulations

The Division shall establish and maintain an official Register of Regulations at the Division. The Register shall consist of copies of all proposed regulations indexed by agency and subject matter with:

(1) text of proposed regulations or a statement of purpose;

(1) Source in the agency, telephone number and mailing address of persons in the agency who may be contacted by interested persons;

(2) place or places where regulations may be inspected or copied;

(3) Fee or other requirements for obtaining copies of same.

§1134. Powers and Duties of- the Registrar in Preparation and Maintenance of the Register

(a) The Registrar in the course of his or her work of compiling and maintaining the Register shall:

(1) In writing, notify all agencies authorized to make regulations that they are to submit to the Division copies of all proposed regulations as well as all subsequent amendments, repeals, additions or new or proposed regulations as they are proposed and statements of purpose thereof; or

(1) Advise agencies as to the form and style of the regulations, as well as, to the extent practicable, the classification thereof into categories of substance, procedure and organization;

(2) Suggest revisions in form, style and classification for the
purpose of any temporary or permanent publication pursuant to this subchapter;

(1) Have authority to publish the full text of some or all of such regulations as are procedural in nature and the full text of selected regulations of a substantive nature for which there is a need for immediate general availability; and

(1) Publish the following month all proposed regulations received by the 15th of the month preceding.

(b) Registrar may include in the register such other governmental information as he or she deems appropriate.

§1135. Duties of State Agencies

(a) Each state agency, after completing the requirements of Subchapter II, Chapter 101 of this Title, which plans to adopt, amend or repeal regulations shall file with the Division the full text and statement of purpose of its proposed regulations. The emergency regulations established pursuant to the provisions of §10119 of this Title shall be filed for publication in the Register, but shall otherwise be exempt from the provisions of this Subchapter.

(b) The opportunity for public comment shall be held open for at least 30 days after the proposal is published in the Register. Said comments
shall then be considered by the respective agency at the end of the 30 day comment period. Following the publication of the regulations, 60 days must elapse before the agency may officially promulgate the proposal unless the agency specifies a later date and when the agency decides to promulgate the proposal, the agency must notify the public in the next publication of the Register. In the event an agency makes substantive changes as a result of the public comment period, the agency must re—propose the regulations indicating the substantive changes that were made to the original text. However, if the changes are not substantive, the agency need not be required to re—propose the regulations. Whether changes constitute substantive or nonsubstantive matter shall be determined by the agency head.

(c) Proposed action on regulations may be withdrawn by the proposing agency any time before the final 60 days have elapsed. The proposing agency shall notify the Registrar in writing that such proposed regulations are being withdrawn and the withdrawal shall be published in the next issue of the Register.

(d) Initially, each agency shall submit to the Division a general description of its organization, its methods of operation, addresses and telephone numbers whereby information may be obtained from the agency. The submission shall include a brief statement of the nature and requirements of all rules of practice and the procedure used by the agency to exercise its statutory authority of promulgating regulations.

§1136 Public Distribution of the Register.

The Division shall cause the Register to be published for public distribution on the first day of each calendar month. The Register shall be made available to the public for inspection and copies provided to any person so requesting same for a nominal fee to be set by the Registrar. The amount to be charged for copies of the Register shall approximate and reasonably reflect all costs necessary to defray the expenses of the Register as well as the proportional expenses incurred by the Division in carrying out the responsibilities of this Subchapter. In addition, copies of the Register shall be provided gratis to the law libraries located within each county, to all public libraries in each county, to the two state daily newspapers and the Director of the Division of Libraries. Any additions and corrections to the Register shall likewise be made available as soon as practicable."

Section 5. Severability of Provisions.

If any provision of this Act or amendments hereto, or the application thereto to any person, thing or circumstances in held invalid, such invalidity shall not affect the provisions or application of this Act or such amendments that can be given effect without the invalid provisions or application, and to this end the provisions of this Act and such amendments are declared to be severable.

Section 6. The provisions of this Act shall become effective January 1, 1994.

Approved July 9, 1993.