INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [36 Pa.B. 7777]
[Saturday, December 16, 2006]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 30, 2006, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 29, 2006
Environmental Quality Board #7-397: Stream Redesignations, (Newtown Creek, et al.) (amends 25 Pa. Code Chapter 93)
Regulations Approved:
Department of Labor and Industry #12-75: Training and Certification Requirements for Code Administrators Administration; Elevators and Other Lifting Devices (amends 34 Pa. Code §§ 401, 403 and 405)
State Board of Cosmetology #16A-4511: Accreditation of Licensed Schools (amends 49 Pa. Code Chapter 7)
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-6912: Continuing Education (amends 49 Pa. Code Chapters 47, 48 and 49)
Bureau of Professional and Occupational Affairs #16-32: Schedule of Civil Penalties (amends 49 Pa. Code Chapter 43b, relating to schedule of civil penalties)
Department of Transportation #18-393: Child Passenger Protection (replaces the text of a policy statement found in 67 Pa. Code Chapter 102)
Department of Agriculture #2-150: Commercial Manure Hauler and Broker Certification (amends 7 Pa. Code Chapter 130e)
Department of Public Welfare #14-505: Child Care (amends 55 Pa. Code Chapter 168)
____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Labor and Industry--Training and Certification Requirements for Code Administrators Administration; Elevators and Other Lifting Devices; Regulation No. 12-75 (#2580)
Approval Order On October 20, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code §§ 401, 403 and 405. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation includes updates to adopt the 2006 versions of the International Code Council codes; incorporates six separate statutory amendments to the Pennsylvania Construction Code enacted between 2001 and 2006; and incorporates an amendment to the Administrative Code in 2003 relating to elevator fees.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 7210.301) 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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
State Board of Cosmetology--Accreditation of Licensed Schools; Regulation No. 16A-4511 (#2528)
On March 8, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code Chapter 7. The proposed regulation was published in the March 18, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2006.
This regulation clarifies the existing requirement for cosmetology schools to be accredited within five years of being licensed by the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 517) 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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Continuing Education; Regulation No. 16A-6912 (#2479)
On April 20, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapters 47, 48 and 49. The proposed regulation was published in the April 30, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2006. The regulation amends and updates the existing continuing education requirements for licensed social workers and establishes similar requirements for licensed clinical social workers, marriage and family therapists, and professional counselors.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1918(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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
Bureau of Professional and Occupational Affairs--Schedule of Civil Penalties; Regulation No. 16-32 (#2435)
On September 29, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs. This rulemaking amends 49 Pa. Code, Chapter 43b, relating to schedule of civil penalties. The proposed regulation was published in the October 9, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2006.
This regulation establishes schedules of civil penalties for the State Board of Barber Examiners, the State Real Estate Commission, the State Board of Vehicle Manufacturers, Dealers and Salespersons and the State Architects Licensure Board for: (1) operation without a current and valid license, registration, certificate or permit and (2) violating a provision of a professional licensure act or regulation of a licensing board or commission relating to the conduct of professional activity or the operation of a licensed business or facility.
We have determined this regulation is consistent with the statutory authority of the Bureau of Professional and Occupational Affairs (63 P. S. § 2205(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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Transportation--Child Passenger Protection; Regulation No. 18-393 (#2439)
On October 5, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking replaces the text of a policy statement found in Chapter 102 of 67 Pa. Code. The proposed regulation was published in the October 16, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 27, 2006.
This regulation implements Act 229 of 2002 by codifying the rules and exceptions for the use of child safety passenger restraint systems and child booster seats.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. §§ 4581 and 6103) 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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Agriculture--Commercial Manure Hauler and Broker Certification; Regulation No. 2-150 (#2513)
On December 7, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture. This rulemaking establishes amends 7 Pa. Code Chapter 130e. The proposed regulation was published in the December 17, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2006.
This regulation implements Act 49 of 2004 by establishing certification requirements for commercial manure haulers and commercial manure brokers in regulation.
We have determined this regulation is consistent with the statutory authority of the Department of Agriculture (3 P. S. §§ 2010.1--2010.12) 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.
ALVIN C. BUSH,
Chairperson____ Approval Order Public Meeting held
November 30, 2006Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Public Welfare--Child Care; Regulation No. 14-505 (#2549)
On June 19, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 168. The proposed regulation was published in the July 1, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 8, 2006.
This regulation is a comprehensive update of an existing chapter governing child care subsidies for families receiving Temporary Assistance for Needy Families benefits, and extends these subsidies to families receiving General Assistance and Food Stamp benefits.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2) and 403(b)) 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.
ALVIN C. BUSH,
Chairperson[Pa.B. Doc. No. 06-2485. Filed for public inspection December 15, 2006, 9:00 a.m.]
