29 Del. Admin. Code § 101-8.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 101-8.0 - Use of Incorporation by Reference in Regulations

8.1 An agency incorporating materials by reference shall comply with the following standards:

8.1.1 The regulation shall state specifically that the cited material is "incorporated by reference."

8.1.2 If the material contains options, or is modified in its application, the options selected and modifications made shall be stated in the regulation.

8.1.3 If the incorporated material is substantively changed at a later time, and the agency intends to enforce the revised material, the agency shall amend its regulation through administrative rulemaking procedures to incorporate by reference any applicable changes as soon as practicable.

8.1.4 An agency shall describe substantive changes that appear in the materials incorporated by reference as part of the public notice or final order filed with the regulation.

8.2 An agency shall comply with copyright requirements when it provides the Registrar a copy of material incorporated by reference.

29 Del. Admin. Code § 101-8.0