908 Action taken by the Commission  

  • INDEPENDENT REGULATORY REVIEW COMMISSION

    Action Taken by the Commission

    [37 Pa.B. 2355]
    [Saturday, May 19, 2007]

       The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 3, 2007, and announced the following:

    Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective May 2, 2007:

    State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-6010: Biennial Renewal Fees (amends 49 Pa. Code Chapter 19)

    Regulations Approved:

    State Real Estate Commission #16A-5617: Consumer Notice--Commercial Property Exception (amends 49 Pa. Code § 35.284)

    State Board of Accountancy #16A-559: Revisions of and Deletion of Existing Regulations (amends 49 Pa. Code Chapter 11)

    Department of Labor and Industry #12-68: Qualifications for Vocational Experts (amends 34 Pa. Code Chapter 123)

    ____

    Approval Order

    Public Meeting held
    May 3, 2007

    Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

    Consumer Notice--Commercial Property Exception;
    Regulation No. 16A-5617 (#2602)

       On March 30, 2007, the Independent Regulatory Review Commission (Commission) received this regulation from the State Real Estate Commission (SREC). This rulemaking amends 49 Pa. Code § 35.284. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

       This rulemaking adds a statutory exception for commercial properties to the existing regulations governing consumer notice and disclosure by real estate licensees. Act 125 of 2006 created an exception for commercial property transactions.

       We have determined this regulation is consistent with the statutory authority of the SREC (63 P. S. §§ 455.404 and 455.608) 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
    May 3, 2007

    Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

    State Board of Accountancy--Revision of and Deletion of Existing Regulations; Regulation No. 16A-559 (#2465)

       On February 23, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Accountancy (Board). This rulemaking amends 49 Pa. Code Chapter 11. The proposed regulation was published in the March 5, 2005, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 30, 2007.

       The amendments in this rulemaking bring existing regulations into greater consistency with amendments to the CPA Law and current standards and practices in the profession.

       We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 3(a)(11) and (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.

    ____

    Approval Order

    Public Meeting held
    May 3, 2007

    Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

    Department of Labor and Industry--Qualifications for Vocational Experts; Regulation No. 12-68

       On June 27, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 123. The proposed regulation was published in the July 9, 2005, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 23, 2007.

       This regulation amends the minimum qualifications for vocational experts and establishes ethics rules and financial interest disclosure standards for them.

       We have determined this regulation is consistent with the statutory authority of the Department (77 P. S. §§ 512(2) and 991(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.

    ARTHUR COCCODRILLI,   
    Chairperson

    [Pa.B. Doc. No. 07-908. Filed for public inspection May 18, 2007, 9:00 a.m.]

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