INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [34 Pa.B. 6476] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 18, 2004, and announced the following:
Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 17, 2004
Insurance Department # 11-222: Workers' Compensation Act--Provider Fees; Payment for Anesthesia Services (adds Chapter 167 to 31 Pa. Code)
Regulations Approved:
Insurance Department # 11-223: Public Adjuster Contracts and Licensing Requirements (amends 31 Pa. Code § 115.2)
Department of Health # 10-155: Recreational Swimming Establishment Lifeguard Requirements (amends 28 Pa. Code Chapter 18)
____ Approval Order Public Meeting held
November 18, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Insurance Department--Public Adjuster Contracts and Licensing Requirements; Regulation No. 11-223
On October 19, 2004, the Independent Regulatory Review Commission received this regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code § 115.2. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation replaces the phrase ''business days'' with ''calendar days.'' This amendment brings Chapter 115 into conformity with its enabling statute.
We have determined this regulation is consistent with the statutory authority of the Department (63 P. S. §§ 1605, 1608) 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.
____ Approval Order Public Meeting held
November 18, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Health--Recreational Swimming Establishment Lifeguard Requirements; Regulation No. 10-155
On September 11, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 18. The proposed regulation was published in the September 21, 2002 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 7, 2004.
This final-form regulation establishes lifeguard requirements for recreational swimming establishments and identifies lifeguard certification authorities.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 675.1(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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 04-2156. Filed for public inspection December 3, 2004, 9:00 a.m.]
