1291 Notice of comments issued  

  • Notice of Comments Issued

    [30 Pa.B. 3874]

       Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Commission may issue comments within 10 days of the close of the committee comment period. The Commission comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (75 P. S. § 745.5a(h) and (i)).

       The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulations must be submitted by the dates indicated.

    Final-Form
    Submission
    Reg. No. Agency/Title Issued Deadline
    16A-558 State Board of
       Accountancy
       Fees
    7/13/00 6/12/02
    15-413 Department of Revenue
       Termination Pay,
          Severance Pay and
          Early Retirement
          Incentive Programs
    7/13/00 6/12/02

    State Board of Accountancy

    Regulation No. 16A-558

    Fees

    July 13, 2000

       We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which has not been met. The State Board of Accountancy (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by June 12, 2002, the regulation will be deemed withdrawn.

    Section 11.4.  Fees.--Conflict with and Duplication of Existing Regulations; Clarity.

       This proposed regulation would amend § 11.4 to include fee schedules already in existing regulations at §§ 11.5 and 11.17. However, the regulation does not delete the existing fee schedules in §§ 11.5 and 11.17. As a result, the fees will appear in all three sections, which is duplicative and unnecessary. In addition, the temporary practice permit fee in § 11.5 is being increased from $20 to $25 in § 11.4. As a result, there will be conflicting fees in Chapter 11. This could result in applicants incorrectly submitting the lesser fee.

       To clearly establish the appropriate fees that applicants and licensees must pay, the Board should eliminate the redundancy and conflict by deleting the existing fee language in §§ 11.5 and 11.17 in the final-form regulation.

    Department of Revenue

    Regulation No. 15-413

    Termination Pay, Severance Pay and Early Retirement Incentive Programs

    July 13, 2000

       We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which has not been met. The Department of Revenue (Department) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by June 12, 2002, the regulation will be deemed withdrawn.

    1.  Section 101.1 Definitions--Clarity.

    Limited plan of termination

       In subparagraph (ii), the phrase ''in advance'' is unclear. The Department should be more specific as to when terminations must be specified to constitute a ''limited plan of termination.''

    Severance Pay

       In subparagraph (iii), it is unclear what is meant by the phrase, ''or subject in any manner to anticipation, assignment or pledge by.'' The Department should delete this phrase or explain why it is necessary.

    JOHN R. MCGINLEY, Jr.,   
    Chairperson

    [Pa.B. Doc. No. 00-1291. Filed for public inspection July 28, 2000, 9:00 a.m.]

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