INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [34 Pa.B. 1297] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 12, 2004, and announced the following:
Regulations Approved
State Civil Service Commission #61-5: Act 140 of 2002 Implementation (amends numerous sections of 4 Pa. Code Chapters 91, 93, 95, 97, 99, 101, 105 and 110)
State Board of Barber Examiners #16A-425: Deletion of Examination Fees (amends 49 Pa. Code Chapter 3)
State Board of Optometry #16A-529: Continuing Education (amends 49 Pa. Code Chapter 23)
____ Approval Order Public Meeting held
February 12, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Civil Service Commission--Act 140 of 2002 Implementation; Regulation No. 61-5
On December 22, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the State Civil Service Commission (SCSC). This rulemaking amends numerous sections of 4 Pa. Code Chapters 91, 93, 95, 97, 99, 101, 105 and 110. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On January 16, 2004, the SCSC tolled the review of this regulation and simultaneously submitted revisions to add language and to correct typographical errors.
This final-omitted regulation aligns the SCSC's existing rules with Act 140 of 2002. It also clarifies existing regulations and establishes the rules for prehearing conferences.
We have determined this regulation is consistent with the statutory authority of the SCSC (71 P. S. § 741.203(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.
____ Approval Order Public Meeting held
February 12, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Barber Examiners--Deletion of Examination Fees; Regulation No. 16A-425
On October 17, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Barber Examiners (Board). This rulemaking amends 49 Pa. Code Chapter 3. The proposed regulation was published in the November 2, 2002, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Board resubmitted the proposed regulation on February 4, 2003. The final-form regulation was submitted to the Commission on January 6, 2004.
The regulation deletes references to eight examination fees. The fees are being deleted because they are set by the professional testing organization that offers the exams. It also deletes the requirement that an application for examination include a notarized statement from a physician indicating that the student is free from contagious and infectious diseases.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 553 and 556(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.
____ Approval Order Public Meeting held
February 12, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Optometry--Continuing Education; Regulation No. 16A-529
On February 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code Chapter 23. The proposed regulation was published in the March 1, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 6, 2004.
This regulation updates existing continuing education requirements and adds continuing education requirements for optometrists certified to treat glaucoma.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 244.3(b)(12) and (14)) 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. 04-345. Filed for public inspection February 27, 2004, 9:00 a.m.]
