Title 10—BANKS
AND BANKINGDEPARTMENT OF BANKING [ 10 PA. CODE CH. 3 ] Hearings and Conferences [40 Pa.B. 2939]
[Saturday, June 5, 2010]The Department of Banking (Department), under the authority in section 202.C of the Department of Banking Code (act) (71 P. S. § 733-202.C), rescinds §§ 3.1—3.16 to read as set forth in Annex A.
Introduction
The Department determined that the existing regulations are obsolete, preempted by statute and thus unnecessary for conducting the subject administrative hearings at the agency level.
Analysis
On July 8, 2008, the act was amended to include section 503.E of the act (71 P. S. § 733-503.E), which requires that administrative proceedings conducted by the Department regarding institutions, licensees and credit unions be subject to the requirements of 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law). Additionally, section 503.E of the act provides statutory procedures for the conduct of protest proceedings regarding institutions and credit unions that supplant §§ 3.1—3.16. The Department further determined that protest procedures regarding licensees can adequately be governed by 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). Therefore, §§ 3.1—3.16 have been determined by the Department to be obsolete, preempted by statute and thus unnecessary for conducting the subject administrative hearings at the agency level and should be rescinded.
Cost and Paperwork Requirement
Rescinding §§ 3.1—3.16 will have no effect on costs or paperwork requirements.
Fiscal Impact
Rescinding §§ 3.1—3.16 will have no fiscal impact.
Final-Omitted Rulemaking
Notice of proposed rulemaking has been omitted under section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), which specifies that a regulation may be adopted without notice of proposed rulemaking if proposed rulemaking procedures are ''in the circumstances impracticable, unnecessary, or contrary to the public interest.'' The proposed rulemaking procedures in this instance are unnecessary because the Department is rescinding obsolete regulations.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on March 25, 2010, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the House Committee on Commerce and the Senate Committee on Banking and Insurance (Committees). On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on May 12, 2010, the final-omitted rulemaking was approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 13, 2010, and approved the final-omitted rulemaking.
Effective Date
This final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Sunset Date
Since this final-omitted rulemaking rescinds obsolete regulations, a sunset date is not necessary.
Contact Person
For an explanation of this final-omitted rulemaking contact Lauren A. Sassani, Assistant Counsel, Department of Banking, 17 North Second Street, Suite 1300, Harrisburg, PA 17101, (717) 787-1471, pabankreg@state. pa.us; or Robert C. Lopez, Deputy Chief Counsel, Department of Banking, 17 North Second Street, Suite 1300, Harrisburg, PA 17101, (717) 787-1471, pabankreg@state. pa.us.
Findings
The Department finds that:
(1) The proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are unnecessary because this final-form rulemaking rescinds obsolete regulations.
(2) Public notice of intention to adopt this final-omitted rulemaking has been omitted under section 204 of the CDL and 1 Pa. Code § 7.4.
Order
The Department orders that:
(a) The regulations of the Department, 10 Pa. Code Chapter 3, are amended by rescinding §§ 3.1—3.16 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
STEVEN KAPLAN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2838 (May 29, 2010).)
Fiscal Note: 3-46. No fiscal impact; (8) recommends adoption.
Annex A TITLE 10. BANKS AND BANKING PART I. GENERAL PROVISIONS CHAPTER 3. (Reserved) §§ 3.1—3.16. (Reserved).
[Pa.B. Doc. No. 10-1034. Filed for public inspection June 4, 2010, 9:00 a.m.]
