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1984 Delaware Attorney General Reports and Opinions 1 (1984)

handle is hein.sag/sagde0024 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STATE OFFICE BUILDING
CHkRLES M. ORuL1.ns    820 N. FRENCH STREET, 8TH FLOOR  DIRECT DIAL;  571-2508
ArrOR1EY GE1EL4L         WILMINGTON, DELAWARE 19801
January 26, 1984
Honorable Patricia C. Schramm
Secretary
Department of Health & Social Services
Delaware State Hospital
1901 N. duPont Highway
New Castle, Delaware 19720
Re: Licensure of Foster Care Homes
Oninion No. 84-1001
Dear Secretary Schramm:
You have asked whether regulations which you promulgate
as Secretary of the Department of Health and Social Services
have the force of law. It is the opinion of this office that
they do.
You have also asked a second question concerning the
i-nterpretation of a regulation issued by your Department govern-
inc resident and small group homes which states: No license
shall be delayed due to default by the Division of Social
Services. Your specific question is whether a resident or
szall group home which fails to have its annual license renewed
due to the default of the Division of Social Services remains
licensed even after its license expires. It is the opinion of
this 6fffice that, under the Department's duly promulgated regu-
lations, a resident or small group hone. remains licensed after
its lice.se expires if the cause of the facility's failure to
rer.ew its license is clearly attributable to inaction of the
licensing agency that is in no way attributable to the licensee.
Twenty-nine Del. C.:57093(a)(10) empowers the Secretary of
the Department of Health and Social Services to promulgate rules

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