Delaware Code Title 29 Sec. 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. The opportunity for public written comment shall be extended for a minimum of 15 days after the final public hearing when 1 or more public hearings are held on the proposal.
Terms Used In Delaware Code Title 29 Sec. 10118
- Agency: means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. See Delaware Code Title 29 Sec. 10102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Quorum: The number of legislators that must be present to do business.
- Regulation: means any statement of law, procedure, policy, right, requirement or prohibition formulated and promulgated by an agency as a rule or standard, or as a guide for the decision of cases thereafter by it or by any other agency, authority or court. See Delaware Code Title 29 Sec. 10102
(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evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: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(4) The exact text and citation of such regulation adopted, amended or repealed;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 agency shall file such order with the Registrar of Regulations which shall become the official regulation as defined in § 1132 of this title.
(f) No agency shall adopt a regulation if more than 12 months have elapsed since the end of the public comment period or the last public hearing, whichever is later, on the proposed regulation.
(g) 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 full or as a summary, in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under § 10119 of this title.
60 Del. Laws, c. 585, § ?1; 62 Del. Laws, c. 301, § ?2; 68 Del. Laws, c. 159, § ?2; 71 Del. Laws, c. 48, § ?9; 72 Del. Laws, c. 88, § ?5; 78 Del. Laws, c. 356, § ?2;