INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken By The Commission [42 Pa.B. 7364]
[Saturday, December 1, 2012]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, November 15, 2012, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective November 14, 2012
Department of Labor and Industry #12-94: Uniform Construction Code (amends 34 Pa. Code Chapters 401 and 403)
Department of Transportation #18-424: Dual Control Learner's Permit (amends 67 Pa. Code Chapter 84)
Action Taken—Regulations Approved:
Department of Revenue #15-457: Payments by Electronic Funds Transfer (amends 61 Pa. Code Chapter 5)
Bureau of Professional and Occupational Affairs #16A-46: Schedule of Civil Penalties for Violations of the Clean Indoor Air Act (amends 49 Pa. Code §§ 43b.4, 43b.5, 43b.6, 43b.7, 43b.8 and 43b.9)
State Real Estate Commission #16A-5613: Education (amends 49 Pa. Code Chapter 35)
State Board of Physical Therapy #16A-6514: Act 38 of 2008 Amendments (amends 49 Pa. Code Chapter 40)
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Approval Order Public Meeting Held
November 15, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Revenue—
Payments by Electronic Funds Transfer;
Regulation No. 15-457 (#2978)On October 12, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 5. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking aligns the Department's existing regulations with statutory changes made by Act 87 of 2012. Act 87 amended the Fiscal Code by lowering the threshold of tax payments that must be submitted electronically from $20,000 to $10,000.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 9) 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
November 15, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Bureau of Professional and Occupational Affairs—
Schedule of Civil Penalties for Violations of the Clean Indoor Air Act;
Regulation No. 16A-46 (#2870)On August 27, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs (Bureau). This rulemaking amends 49 Pa. Code §§ 43b.4, 43b.5, 43b.6, 43b.7, 43b.8 and 43b.9. The proposed regulation was published in the September 11, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 11, 2012.
This final-form rulemaking incorporates the civil penalties found in Pennsylvania's Clean Indoor Air Act (35 P. S. §§ 637.1—637.11) into the Bureau's Schedule of Civil Penalties regulation.
We have determined this regulation is consistent with the statutory authority of the Bureau (63 P. S. § 2205) 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
November 15, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Real Estate Commission—
Education;
Regulation No. 16A-5613 (#2871)On August 27, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission. This rulemaking amends 49 Pa. Code Chapter 35. The proposed regulation was published in the September 11, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 4, 2012.
This final-form regulation clarifies procedural requirements for continuing education providers and updates certain continuing education requirements for new licensees.
We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. § 455.404a) 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
November 15, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Physical Therapy—
Act 38 of 2008 Amendments;
Regulation No. 16A-6514 (#2910)On September 6, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Chapter 40. The proposed regulation was published in the September 17, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 11, 2012.
This regulation implements Act 38 of 2008 for physical therapists and physical therapist assistants primarily relating to continuing education, liability insurance and supervision of physical therapist assistants.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1303(a)) 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.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 12-2338. Filed for public inspection November 30, 2012, 9:00 a.m.]
