INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [45 Pa.B. 6374]
[Saturday, October 24, 2015]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, October 8, 2015, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective October 7, 2015
Department of Transportation #18-463: Authorized Vehicles and Special Operating Privileges (amends 67 Pa. Code, Chapter 15)
Action Taken—Regulations Approved:
Pennsylvania Liquor Control Board #54-79: Responsible Alcohol Management Program (amends 40 Pa. Code § 5.211)
Pennsylvania Liquor Control Board #54-84: Right to Occupy (amends 40 Pa. Code (§§ 7.2, 7.4))
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Approval Order Public Meeting Held
October 8, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Responsible Alcohol Management Program
Regulation No. 54-79 (#3093)On March 11, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code § 5.211. The proposed regulation was published in the April 11, 2015 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 20, 2015.
This final-form rulemaking allows third parties to create their own training programs for alcohol education purposes and to submit them to the Board's Bureau of Alcohol Education for approval.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. §§ 2-207(i) and 4-471.1) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
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Approval Order Public Meeting Held
October 8, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Right To Occupy
Regulation No. 54-84 (#3098)On May 5, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code (§§ 7.2, 7.4). The proposed regulation was published in the May 30, 2015 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 3, 2015.
Prior to approval of a transfer of ownership or transfer of ownership and location, the Board's regulations require an applicant to establish its right to occupy the proposed licensed premises by presenting a deed or lease for the premises, or bill of sale. The final-form regulation amends that requirement to allow for other types of written proof to reflect the fact that the right to occupy may be obtained through other means.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
DENNIS A. WATSON, Esq.,
Commissioner[Pa.B. Doc. No. 15-1900. Filed for public inspection October 23, 2015, 9:00 a.m.]
