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Rules With the Force of Law Are Being Changed Without a Vote

January 31, 2026

Rep. Bryan Shupe



Why House Resolution 22 Matters for Transparency in Delaware


Click the photo to view the video.


As many of you know, I introduced House Resolution 22 with my co sponsor, Representative Valerie Jones Giltner.

The purpose is simple but important: any report that the General Assembly requests should be presented publicly in a committee hearing, recorded, and accessible to lawmakers, the public, and the press.


Even though HR 22 has not yet been heard in committee, I want to show you exactly why this matters.


Just this week, all 62 members of the General Assembly received an email from the Register of Regulations related to the Department of Education. That single email contained ten separate regulatory documents.


These were not minor changes. They included updates on:

 • Seclusion and restraint in schools

 • Behavioral health professional rules

 • Possession, use, and distribution of drugs

 • Regulatory flexibility and impact analysis


These are real policy changes that affect real Delawareans.

Here is the problem. These regulations are created by state agencies, boards, and commissions. Not directly by lawmakers. Yet they carry the force of law and change how government operates.


Right now, these updates are simply emailed to legislators. The public never sees them presented. There is no public explanation. No public record. No public accountability.

I appreciate the intent behind the Regulatory Transparency and Accountability Act of 2025, but it does not go far enough.


If agencies like the Department of Education, Health and Social Services, DNREC, or licensing boards are updating regulations that affect Delaware law and daily life, those changes should be presented publicly in committee just like legislation.

The people deserve to know what rules are being changed in their name.

That is exactly what HR 22 would require.


I urge you to respectfully contact the Speaker of the House and the Majority Leader and ask that House Resolution 22 be scheduled in the House Administration Committee as soon as possible.



Transparency should not depend on who happens to read an internal email. It should be public by default.


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