AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY REGULATIONS.

Legislation Document

SPONSOR:

Rep. Minor-Brown & Rep. Harris & Rep. Osienski & Rep. Dukes & Rep. Spiegelman & Sen. Sokola & Sen. Townsend & Sen. Lockman & Sen. Hocker & Sen. Pettyjohn

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 328

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY REGULATIONS.

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

Section 1. Amend Subchapter III, Chapter 11, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter III. Agency

Regulations.

Regulations and the Registrar of Regulations.

Section 2. Amend § 1131, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1131. Legislative findings.

The General Assembly has conferred on boards, commissions,

departments

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

it

must provide a procedure of oversight and review of regulations

pursuant to

under

this delegation of legislative power to curtail excessive regulations and to establish a system of accountability.

It is the

The

intent of this subchapter

is

to establish an effective method of ongoing review,

accountability

accountability,

and oversight of regulations.

It is further the

Further

intent of this subchapter

is

to provide review by requiring a comment period following the proposal of regulations and requiring the agency to review any comments submitted.

Section 3. Amend § 1132, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1132. Definitions.

As used in this subchapter:

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

(2) “Division” means the Division of Legislative Services as established

pursuant to

under

this chapter.

(3) “Official regulation” means a regulation in its final form as adopted by an order as defined in § 10118 of this title and filed with the Registrar of Regulations.

(4) “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

modified,

or repealed, together with supplemental information as

deemed appropriate by the Registrar.

the Registrar deems appropriate.

(5) “Registrar” means an employee of the Division charged with the responsibility of compiling,

maintaining

maintaining,

and publishing the Register of Regulations.

(6) “Regulation” means as defined in § 10102 of this title.

Section 4. Amend § 1133, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1133. Register of Regulations.

The Division shall establish,

maintain

maintain,

and publish an official Register of

Regulations at the Division.

Regulations.

The Register of Regulations shall provide public notice of

all

each

proposed regulation

or regulations

to be adopted,

amended

amended,

or repealed, indexed by agency and subject

matter with:

matter, with all of the following:

(1) Text or summary of the proposed regulation

or regulations

to be adopted,

amended

amended,

or

repealed,

repealed;

nature of the proceedings including a synopsis of the subject, substance,

issues

issues,

and possible terms of the agency

action

action;

and a reference to the legal authority of the agency to

act;

act.

(2) A statement of the manner in which persons may present their

views:

comments, as follows:

a. If in writing,

of the place to which

to whom, in what manner,

and the final date by which

such

the

views may be

submitted;

submitted.

b. If at a public hearing, the date,

time

time,

and place of the

hearing;

hearing.

(3) The place

or places

where the proposed regulations to be adopted,

amended

amended,

or repealed may be inspected or

copied;

copied.

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

same.

the proposed regulation.

Section 5. Amend § 1134, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1134. Powers and duties of the Registrar in preparation and maintenance of the Register of Regulations.

(a) The

Registrar

Registrar

, in the course of compiling and maintaining the Register of

Regulations

Regulations,

shall:

shall do all of the following:

(1)

In writing, notify all agencies

Notify each agency

authorized to make regulations that

they are

the agency is

to submit to the Division copies of

all

each

proposed

regulations as well as all

regulation and each

subsequent

amendments, repeals, additions or new or proposed regulations as they are proposed and statements

amendment, repeal, or addition, and a statement

of purpose

thereof;

of each.

(2)

Advise agencies

Direct each agency

as to the form and style of the

regulations, as well as,

regulations and,

to the extent practicable, the classification

thereof

into categories of substance,

procedure

procedure,

and

organization;

organization.

(3)

Have the authority to make

Make, as needed,

revisions to both proposed and existing regulations that do not alter the sense,

meaning

meaning,

or effect of

such

the

regulations,

including, but not limited to:

including all of the following:

a. Renumbering and rearranging sections or parts of

sections;

sections.

b. Transferring

of

sections or dividing

of

sections

so as

to give to distinct subject matters a separate section number, but without changing the

meaning;

meaning.

c. Inserting or changing the wording of

headnotes;

headnotes.

d.

Change

Changing

reference numbers to agree with renumbered

regulations or sections thereof;

regulations or renumbered sections or subsections of regulations.

e. Substituting the proper section or regulation number for the terms “this regulation”, “the preceding

section”

section”,

and the

like;

like.

f. Striking out figures where

they

the figures

are merely a repetition of written words

and

or

vice

versa;

versa.

g. Changing capitalization for the purpose of

uniformity;

uniformity.

h. Applying gender silent language when there is no ambiguity regarding the noun which a pronoun is meant to replace.

h. Correcting

of

manifest typographical and grammatical

errors; and

errors.

i. Making

any

other purely formal or clerical changes in keeping with the purpose of the revision.

(4)

Have the authority to promulgate

Adopt

rules and

regulations;

regulations.

(5)

Have authority to publish

Publish

the full text or a summary of

each

proposed,

final

final,

or emergency

regulations; and

regulation.

(6) Publish

the following

the 15

th

of the

month

all proposed

a Register of Regulations containing the

regulations received by the

15th of the

1

st

of that

month

preceding.

that comply with Chapters 101 and 104 of this title and rules or regulations that the Registrar adopts under this section.

(b) The Registrar may include in the Register of Regulations

such

other governmental information as the Registrar deems appropriate.

Section 6. Amend § 1135, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1135. Duties of state agencies.

Each

(a) On the Registrar’s request, each

agency shall submit to the

Division

Registrar

a general description of

its organization, its

the agency’s organization; the agency’s

methods of

operation,

operation;

the

agency’s

name,

address

address,

and telephone number of a contact person

or persons

that

will be

is

responsible for submitting

proposed, adopted

to the Registrar adopted regulations, proposed regulations,

or regulations to be

repealed to the Registrar,

repealed;

and a current copy of existing regulations.

(b)

The contact person

shall

under subsection (a) of this section must

have a general working knowledge of the agency’s functions,

responsibilities

responsibilities,

and internal procedures and familiarity with the Administrative Procedures Act.

(c)

The submission

shall

under section (a) of this section must

include a brief statement of the nature and requirements of

all rules

each rule

of practice and the procedure

used by

that

the agency

uses

to exercise

its

the agency’s

statutory authority

of promulgating

to adopt

regulations.

Section 7. Amend § 1136, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1136. Public distribution of the register.

(a)

The Division shall

cause the register to be published

publish the Register of Regulations

for public distribution on the

first day of each calendar month.

date required under § 1134(a)(6) of this title.

(b)

The

register shall

Register of Regulations must

be made available

in print

to the public for inspection and

copies

a copy

provided to

any

each

person

so

requesting

same

a copy. The copy must be provided

for a nominal fee

to be set by the Registrar.

that the Registrar sets.

The amount

to be

charged for

copies of the register shall

a copy of the Register of Regulations must

approximate and reasonably reflect

all

costs necessary to defray the expenses of the

register as well as

Register of Regulations and

the proportional expenses

incurred by

that

the Division

incurs

in carrying out the responsibilities of this subchapter.

(c)

In addition, copies of the register shall be provided gratis

On request, printed copies of the Register of Regulations must be provided

to

the

each

law

libraries

library

located within each county, to

all

each

public

libraries

library

in each county,

to the 2 state daily newspapers

and

to

the Director of the Division of Libraries.

(d)

Any additions and

Additions or

corrections to the

register shall likewise

Register of Regulations must

be made available as soon as practicable.

SYNOPSIS

This Act includes changes to align the editorial powers of the Registrar with the Delaware Code editors related to removing gendered language from regulations when the intended meaning is clear.

This Act revises the submission and publication schedule of the Register of Regulations to provide more consistent review and processing times to the Registrar, which will allow for more effective interaction with promulgating agencies and more efficient distribution of the Registrar's workload.

This Act also removes language requiring the antiquated practice of providing copies of the Register of Regulations to 2 state daily newspapers. The Register of Regulations will continue to be published online for the public and copies will be provided, upon request, to the public, law libraries and public libraries in this state, and the Director of the Division of Libraries.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.