Delaware Administrative Code Title 1 - Authorities, Boards and Commissions
Delaware Administrative Code — Title 1: Authorities, Boards and Commissions
Overview
Title 1 of the Delaware Administrative Code contains administrative rules that govern the organization, operation, and responsibilities of state authorities, boards, and commissions. These rules are adopted under the authority of Delaware state law and establish the framework for governance, decision-making, and oversight of public entities.
The rules apply to state-appointed boards and commissions, authorities with regulatory or administrative functions, and their members and staff. They define how these entities operate, interact with the public, and maintain accountability.
Key Areas of Regulation
1. General Provisions
Defines key terms, such as “board,” “commission,” “authority,” “member,” and “staff.”
Establishes the scope of authority for boards and commissions operating under Delaware law.
Provides guidance on official actions, meeting procedures, and administrative responsibilities.
2. Board and Commission Organization
Rules for the formation, membership, and structure of state boards and commissions.
Appointment and removal procedures for members, including terms of office and eligibility requirements.
Duties of officers (chairperson, vice-chair, secretary) and the delegation of responsibilities to staff or committees.
Requirements for meeting frequency, notice, and recordkeeping.
3. Meetings and Decision-Making
Standards for open meetings, including compliance with Delaware’s open meetings law.
Requirements for quorum, voting, and minutes.
Procedures for handling conflicts of interest among members.
Guidance on public participation and transparency in board and commission activities.
4. Administrative Procedures
Rules on how boards and commissions adopt policies, regulations, and guidelines.
Procedures for filing, publishing, and implementing regulations adopted by boards or commissions.
Requirements for reporting to the Governor, legislature, or relevant state agencies.
5. Financial Oversight
Rules governing budgeting, financial reporting, and use of funds by authorities, boards, and commissions.
Guidelines for managing grants, fees, or revenue collected by a state authority.
Requirements for audits and accountability to state oversight agencies.
6. Ethics and Conduct
Codes of conduct for members and staff of boards and commissions.
Rules for avoiding conflicts of interest, disclosure of financial interests, and adherence to state ethics laws.
Sanctions and procedures for violations of ethical standards.
7. Compliance and Enforcement
Authority of state agencies to monitor compliance with the administrative rules.
Procedures for investigating complaints against boards, commissions, or members.
Actions that may be taken to enforce compliance, including corrective measures or administrative sanctions.
Purpose of Title 1
The rules in Title 1 are designed to:
Ensure transparent and accountable governance of state boards, commissions, and authorities.
Standardize administrative procedures, meetings, and decision-making.
Protect the public interest through oversight, ethics requirements, and financial accountability.
Clarify the roles and responsibilities of members, officers, and staff of state entities.
Provide a framework for consistent regulatory and administrative practices across Delaware’s authorities, boards, and commissions.
Summary
Title 1 of the Delaware Administrative Code establishes the rules that govern the formation, organization, operation, and accountability of Delaware’s state boards, commissions, and authorities. It applies to all members, staff, and associated entities, covering governance, meetings, administration, finances, ethics, and compliance.
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