§ 10403 — Definitions [For application of this section, see 80 Del. Laws, c. 112, 7; and 80 Del. Laws, c. 113, 8]

As used in this chapter:

(1) “Agency” means any authority, department, instrumentality, commission, offices, board or other unit of state government authorized by law to make regulations or issue licenses. Agency does not include the General Assembly, courts, municipalities, counties or other political subdivisions, joint state-federal, interstate or inter-municipal authorities or their agencies.

(2) “Agency regulatory statement” means any analysis or statement required to be submitted for publication by an agency to the Registrar of Regulations in accordance with this chapter.

(3) “Executive branch agency” means, for purposes of this chapter only, the Department of Agriculture, Department of Correction, Delaware National Guard, Delaware State Housing Authority, Department of Education, Department of Finance, Department of Health and Social Services, Department of Labor, Office of Management and Budget, Department of Natural Resources and Environmental Control, Department of Safety and Homeland Security, Department of Services for Children, Youth and Their Families, Department of State, Department of Technology and Information, Department of Human Resources and Department of Transportation.

(4) “Individual” means any natural person; provided, however, that the term “individual” shall not include any natural person who is affected by a regulation in such person’s capacity as an officer, director or employee of an organization which is not a small business.

(5) “Small business” means any not-for-profit enterprise, sheltered workshop or business enterprise which is engaged in any phase of manufacturing, agricultural production or personal service, regardless of the form of its organization, when such enterprise or workshop employs fewer than 50 persons, has gross receipts of less than $10,000,000 and is not owned, operated or controlled by another business enterprise.

Legislative History

64 Del. Laws, c. 51, § 1 ; 80 Del. Laws, c. 111, § 1 ; 80 Del. Laws, c. 112, § 1 ; 80 Del. Laws, c. 113, § 1 ; 81 Del. Laws, c. 49, § 3 ; 81 Del. Laws, c. 66, § 62