Delaware Administrative Code Title 29 - Regulation Filing and Publication Procedures
Here’s an overview of Delaware Administrative Code – Title 29: Regulation Filing & Publication Procedures, based on official state sources:
📋 1. Scope & Authority (Title 29, Chapter 101, Subchapter II)
Applies to any agency proposing to formulate, adopt, amend, or repeal a regulation. Agencies must file notices and full text with the Registrar. (delcode.delaware.gov)
Exemptions include internal procedure rules, organizational descriptions, delegations of authority, nonsubstantive edits, and codifications. These still must be filed, though they can be informally adopted. (delcode.delaware.gov)
🗣️ 2. Notice Requirements ( § 10115 )
Agencies must file with the Registrar:
A detailed notice – including synopsis, legal authority, and affected regulations.
The full text of the proposed regulation, as well as the existing text when amending or repealing.
Any required regulatory statement under Chapter 104. (delcode.delaware.gov)
Additionally:
For hearings: publish notice at least 20 days in advance, in two Delaware newspapers and on the designated state website.
The agency must mail notices to those who have requested them. (delcode.delaware.gov)
No publication without proper filing—and public hearings require at least a 20-day notice period.
✍️ 3. Public Input & Hearings
Written comments are accepted after notice (§ 10116). (delcode.delaware.gov)
Hearings, if required or chosen, must be conducted formally—with transcripts, oath powers, subpoenas, and open records (§ 10117). (delcode.delaware.gov)
The public comment period: minimum 30 days, and if a hearing occurs, an additional 15 days after. (delcode.delaware.gov)
✅ 4. Agency Decision & Final Filing (§ 10118)
Following hearings/comments, the agency must issue a written order that includes:
Summary of evidence, findings, assessment of any climate‑related impacts, decision, exact text, effective date, and agency member signatures.
If changes are significant, the agency must re-notice the revised proposal.
File the order with the Registrar—then it becomes the official regulation. (delcode.delaware.gov)
Deadlines: Must finalize within 12 months of the comment period; effective dates are at least 10 days after Register publication, unless emergency.
⚠️ 5. Emergency Regulations (§ 10119)
Agencies can bypass standard notice if there's an imminent peril to public health/safety/welfare:
May act with abbreviated or no notice, publish emergency orders with justification.
Such orders are effective for up to 120 days, renewable once for 60 days.
They must still be filed with the Registrar and the public allowed to petition. (delcode.delaware.gov)
📖 6. The Register of Regulations (Title 29, Chapter 11)
The Registrar compiles the Register of Regulations, which contains all proposed, final, and emergency regulations, with summaries and filing details.
Agencies submit proposals by the 15th of each month; Register is published on the 1st of the following month.
The Registrar corrects formatting, publishes full texts or summaries, and distributes copies to official outlets (libraries, newspapers). (delcode.delaware.gov)
✅ Summary Table
Step
Description
1. Agency Draft
Prepare notice, text, and regulatory statement
2. File with Registrar
Submit notice/text to be published
3. Public Notice
Publish in Register, newspapers, online; mail to subscribers
4. Comments/Hearing
Accept written input; hold hearing if needed
5. Agency Order
Issue decision, file with Registrar; include findings, effective date
6. Publication
Registrar publishes in Register on monthly schedule
7. Emergency Measures
Short-term orders with filing and public petition rights
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