CHAPTER 48

FORMERLY

SENATE BILL NO. 62

AS AMENDED BY SENATE AMENDMENT NO. I

AN ACT TO AMEND CHAPTERS 11 AND 101, TITLE 29 DELAWARE CODE, RELATING TO THE REGISTER OF REGULATIONS AND PUBLIC NOTICE OF PROPOSED AND PROMULGATED REGULATIONS.

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

Section 1. Amend §1131, Title 29 Delaware Code by striking the words "to be implemented upon the completion of the requirements of Chapter 101 of this title" as they appear in the fourth sentence of said section.

Section 2. Amend §1132, Title 29 Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§1132. Definitions.

(1) "Agency" means as defined in §10102 of this title.

(2) "Division" means the Division of Research of Legislative Council as established pursuant to this chapter.

(3) "Register of Regulations" means a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed, together with supplemental information as deemed appropriate by the Registrar.

(4) "Registrar" means an employee of the Division charged with the responsibility of compiling, maintaining and publishing the Register of Regulations.

(5) "Regulation" means as defined in § 10102 of this title."

Section 3. Amend §1133, Title 29, Delaware Code by rewording said section to read as follows:

"§1133. Register of Regulations.

The Division shall establish, maintain and publish an official Register of Regulations at the Division. The Register of Regulations shall provide public notice of all proposed regulation(s) to be adopted, amended or repealed indexed by agency and subject matter with:

(1) Text of the proposed regulation(s) to be adopted, amended or repealed, nature of the proceedings including a synopsis of the subject, substance, issues and possible terms of the agency action and a reference to the legal authority of the agency to act;

(2) A statement of 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; if at a public hearing, the date, time and place of the hearing;

(3) The place or places where the proposed regulations to be adopted, amended or repealed may be inspected or copied;

(4) The fee or other requirements for obtaining copies of same."

Section 4. Amend §1134, Title 29, Delaware Code by rewording §1134(a)(3) thereof to read as follows:

"§1134(a)(3) Have the authority to make revisions to both proposed and existing regulations that do not alter the sense, meaning or effect of such regulations, including, but not limited to:

(i) renumbering and rearranging sections or parts of sections;

(ii) transferring of sections or dividing of sections so as to give to distinct subject matters a separate section number, but without changing the meaning;

(iii) inserting or changing the wording of headnotes;

(iv) change reference numbers to agree with renumbered regulations or sections thereof;

(v) substituting the proper section or regulation number for the terms 'this regulation', 'the preceding section' and the like;

(vi) striking out figures where they are merely a repetition of written words and vice versa;

(vii) changing capitalization for the purpose of uniformity;

(viii) correcting of manifest typographical and grammatical errors; and

(ix) making any other purely formal or clerical changes in keeping with the purpose of the revision."

Section 5. Amend §1135, Title 29, Delaware Code by striking subsections (a), (b) and (c) thereof.

Section 6. Amend §1135, Title 29, Delaware Code by striking subsection (d) thereof in its entirety and substituting in lieu thereof the following:

"Each agency shall submit to the Division a general description of its organization, its methods of operation, the name, address and telephone number of a contact person or persons that will be responsible for submitting proposed, adopted or regulations to be repealed to the Registrar, and a current copy of existing regulations. The contact person shall have a general working knowledge of the agency's functions, responsibilities and internal procedures and familiarity with the Administrative Procedures Act. 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."

Section 7. Amend §10101, Title 29, Delaware Code by striking the words 'judicial review" as they appear therein and substituting in lieu thereof the words "public comment and judicial review".

Section 8. Amend §10115, Title 29, Delaware Code by rewording said section to read as follows:

"§10115. Notice

(a) 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.

(1) 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;

(2) The notice shall state the manner in which persons may present their views; (a) if in writing, of the place to which and the final date by which such views may be submitted; or (b) 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.

(b) 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 a minimum of 20 days prior to such public hearing;

(a) 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."

Section 9. Amend §10118, Title 29, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§10118. Agency findings, form of regulations.

(a) 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.

(b) 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 signatures of at least a quorum of the agency members.

(c) In the event an agency makes substantive changes in the proposal, as a result of the public comments, evidence and information, the agency shall consider the revised proposal as a new proposal subject to the notice requirements of §10115 of this title and all other requirements of this subchapter. If the changes are not substantive, the agency shall not be required to repropose the regulation change. Whether a change constitutes substantive or nonsubstantive matter shall be determined by the agency head.

(d) In the event the proposing agency seeks to withdraw its proposal, the proposing agency shall notify the Registrar in writing that the proposal is being withdrawn and the Registrar shall publish the withdrawal information in the next issue of the Register of Regulations.

(e) 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 § I0119."

Section 10, Amend §10119, Title 29, Delaware Code by rewording said section to read as follows:

"§10119. Emergency regulations

If an agency determines that an imminent peril to the public health, safety or welfare requires the adoption, amendment or repeal of a regulation with less than the notice required by §10115, the following rules shall apply:

(1) The agency may proceed to at without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable;

(2) The order adopting, amending or repealing a regulation shall state in writing the reasons for the agency's determination that such emergency action is necessary;

(3) The order effecting such action may be effective for a period of not longer than 120 days and may be renewed once for a period not exceeding 60 days;

(4) When such an order is issued without any of the public procedures otherwise required or authorized by this chapter, the agency shall state as part of the order that it will receive, consider and respond to petitions by any interested person for the reconsideration or revision thereof; and

(5) The agency shall submit a copy of the emergency order to the Registrar for publication in the next issue of the Register of Regulations."

Section 11. This Act shall become effective on June I, 1997.

Section 12. Amend §1134, Title 29 Delaware Code by striking the word "register" wherever it appears therein and substituting in lieu thereof the words "Register of Regulations".

Section 13. Amend §10141, Title 29, Delaware Code by striking the word "adopted" at the end of §10141(d) and substituting in lieu thereof the words "published in the Register of Regulations".

Approved June 4, 1997