INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [32 Pa.B. 1590] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, March 7, 2002, and took the following actions:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective (February 26, 2002)
State Civil Service Commission #61-4: Promotion Procedure (amends 4 Pa. Code Chapter 95)
Regulations Approved
Underground Storage Tank Indemnification Board #11-214: Fees and Collection Procedures (amends 25 Pa. Code § 977.12)
State Board of Veterinary Medicine #16A-5713: Examinations, Application for Licensure and Certification, Fees (amends 49 Pa. Code Chapter 31)
State Board of Physical Therapy #16A-658: Examination Fees (amends 49 Pa. Code Chapter 40)
Department of Labor and Industry #12-57: Uniform Construction Code Training and Certification for Code Administrators (adds 34 Pa. Code Chapter 401)
____ Approval Order Public Meeting held
March 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone, recused
Underground Storage Tank Indemnification Board--Fees and Collection Procedures; Regulation No. 11-214 On February 7, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Underground Storage Tank Indemnification Board (Board). This rulemaking amends 25 Pa. Code § 977.12. Notice of proposed rulemaking was omitted for this regulation; it will become effective the first of the month following publication in the Pennsylvania Bulletin.
This rulemaking increases two fees and is necessary to maintain the solvency of the Underground Storage Tank Fund.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 6021.705) 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
March 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
State Board of Veterinary Medicine--Examinations, Application for Licensure and Certification, Fees; Regulation No. 16A-5713 On October 26, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 31. The proposed regulation was published in the December 2, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 5, 2001. On October 24, 2001, the Board withdrew this final-form regulation. On February 11, 2002, the Board resubmitted the final-form regulation to the Commission.
This regulation eliminates the specific exam fee listings paid by applicants to take the required examinations for veterinarians and animal health technicians. It also adds criminal history and out-of-State licensure information as application requirements for certification of animal health technicians.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 485.11 and 485.13) 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
March 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
State Board of Physical Therapy--Examination Fees; Regulation No. 16A-658 On April 24, 2001, 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 May 5, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 11, 2002.
This rulemaking deletes references to the fees for licensure examinations for physical therapists, athletic trainers, and physical therapist assistants. These fees are established by a professional testing organization, not the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1308) 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
March 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Department of Labor and Industry--Uniform Construction Code Training and Certification for Code Administrators; Regulation No. 12-57 On June 26, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking adds 34 Pa. Code Chapter 401. The proposed regulation was published in the July 7, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 7, 2002.
This regulation establishes training and certification requirements for code administrators. Code administrators include municipal code officials, construction code officials, third-party agencies and the Department of Labor and Industry.
We have determined this regulation is consistent with the statutory authority of the Department of Labor and Industry (35 P. S. § 7210.701(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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 02-475. Filed for public inspection March 22, 2002, 9:00 a.m.]
