HB 328 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AGENCY REGULATIONS.

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shall provide public notice of all each proposed regulation or regulations to be adopted, amended amended, or repealed, indexed by agency and subject matter with: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(1) Text or summary of the proposed regulation or regulations to be adopted, amended amended, or repealed, repealed;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(3) The place or places where the proposed regulations to be adopted, amended amended, or repealed may be inspected or copied;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:

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03/24/2026 08:56 AM (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.

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03/24/2026 08:56 AM th (6) Publish the following the 15 of the month all proposed a Register of Regulations containing the regulations received by the 15th of the 1 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.

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03/24/2026 08:56 AM (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.

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