2025 Delaware Code
Title 16 - Health and Safety
Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter II. Powers and Duties Generally; Regulations and Orders
§ 126. Regulations and orders of Department and Secretary — Effect; distribution.
(a) Regulations and orders promulgated or issued by the Department of Health and Social Services in accordance with authority conferred upon it have the force and effect of law and supersede all local ordinances and regulations which are inconsistent therewith.
(b) Municipalities and local public health officials may with the consent and approval of the Secretary of the Department of Health and Social Services or the Secretary's designee adopt such ordinances or regulations in addition to the regulations or orders of the Secretary of the Department of Health and Social Services or the Secretary's designee as are consistent with the law and the purposes set forth in this chapter.
(c) The Department must promulgate regulations in accordance with the procedures under the Administrative Procedures Act, Chapter 101 of Title 29.
19 Del. Laws, c. 642, § 3; 22 Del. Laws, c. 327, § 3; Code 1915, § 738; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, § 745; 43 Del. Laws, c. 91, § 1; 46 Del. Laws, c. 312, § 1; 16 Del. C. 1953, § 125; 59 Del. Laws, c. 276, § 1; 70 Del. Laws, c. 149, §§ 31, 32, 33; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 233, § 36;
