INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [34 Pa.B. 4082] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 15, 2004, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective July 14, 2004
Insurance Department #11-220: Continuing Care Providers (amends 31 Pa. Code § 151.7)
State Board of Examiners of Nursing Home Administrators #16A-628: Deletion and Correction of Fees (amends 49 Pa. Code § 39.72)
Actions Taken--Regulations Approved
Department of Revenue #15-427: Lucky for Life Lotto (adds 61 Pa. Code Chapter 873)
State Board of Optometry #16A-5211: Continuing Education, Fees, Certification to Treat Glaucoma (amends 49 Pa. Code Chapter 23)
Insurance Department #11-217: Annual Audited Insurers' Financial Report Required (amends 31 Pa. Code Chapter 147)
State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-603: Vehicle Auction License (adds 49 Pa. Code §§ 19.19 and 19.20)
State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-607: Consignment Sales (adds 49 Pa. Code § 19.18a)
State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-605: Branch Lots (amends 49 Pa. Code Chapter 19)
State Board of Landscape Architects #16A-617: Deletion of Examination Fees (amends 49 Pa. Code Chapter 15)
Department of Agriculture #2-142: Sheep and Lamb Marketing Program; Wine Marketing and Research Program (amends 7 Pa. Code Chapter 104)
Department of Agriculture #2-145: Food Employee Certification (amends 7 Pa. Code Chapter 76)
____ Approval Order Public Meeting held
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Revenue--Lucky for Life Lotto; Regulation No. 15-427 On June 11, 2004, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking adds Chapter 873 to 61 Pa. Code. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation sets forth the rules and procedures that will apply to the operation and administration of the Lucky for Life Lotto game.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 3761-303) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Optometry--Continuing Education, Fees, Certification to Treat Glaucoma; Regulation No. 16A-5211 On August 26, 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 September 6, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 26, 2004.
This regulation sets forth the requirements for obtaining therapeutic certification to treat glaucoma and updates continuing education requirements. These revisions were mandated by Act 225 of 2002. In addition to codifying the statutory mandates, the regulation preapproves continuing education courses offered by certain providers and establishes a $25 application fee for certification to treat glaucoma.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 244.3) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Insurance Department--Annual Audited Insurers' Financial Report Required; Regulation No. 11-217 On February 2, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 147. The proposed regulation was published in the February 14, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 11, 2004.
This regulation updates the requirements for annual audits of insurers' financial statements by certified public accountants. The amended requirements reflect the 2002 and 2003 model rules published by the National Association of Insurance Commissioners.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Vehicle Auction License; Regulation No. 16A-603 On October 17, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking adds 49 Pa. Code §§ 19.19 and 19.20. The proposed regulation was published in the November 2, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on February 4, 2003, under section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on June 8, 2004.
The Board is establishing requirements for retail or public vehicle auctions and wholesale vehicle auctions. The regulation prescribes minimum vehicle display standards and mandates compliance with land-use ordinances and fire codes.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 818.4(a)(9)) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Consignment Sales; Regulation No. 16A-607 On November 14, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking adds 49 Pa. Code § 19.18a. The proposed regulation was published in the December 14, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on February 4, 2003, under section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on June 8, 2004.
This regulation implements section 5(f)(3) of the Board of Vehicles Act (63 P. S. § 818.5(f)(3)), which allows licensed dealers to sell vehicles on consignment without possessing a vehicle auction license. The regulation also includes safeguards for buyers, sellers and dealers involved in a consignment sale.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 818.4(a)(9)) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Branch Lots; Regulation No. 16A-605 On February 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking amends 49 Pa. Code Chapter 19. 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 June 8, 2004.
This regulation permits a licensed vehicle dealer to store vehicles at an unlicensed location where no business activity takes place. The regulation also allows a licensed vehicle dealer to place a single vehicle at an unlicensed location as long as the placement of the vehicle is used only for advertising purposes.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 818.4(a)(9)) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Landscape Architects--Deletion of Examination Fees; Regulation No. 16A-617 On November 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Landscape Architects (Board). This rulemaking amends 49 Pa. Code Chapter 15. The proposed regulation was published in the November 22, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 26, 2004.
This regulation deletes references to the licensing examination fees and specifies that the fees are set by the professional testing organization. The regulation also clarifies that applicants for examination should apply directly to the professional testing organization and not to the Board.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 904(9)) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Agriculture--Sheep and Lamb Marketing Program; Wine Marketing and Research Program; Regulation No. 2-142 On January 16, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 104. The proposed regulation was published in the January 31, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 7, 2004.
This regulation makes two changes to the Department's marketing programs. First, it rescinds the defunct Sheep and Lamb Marketing Program. Second, it provides the Wine Marketing and Research Program a process and procedure by which to collect producer charges from holders of limited winery licenses.
We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S. § 4511) 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
July 15, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Agriculture--Food Employee Certification; Regulation No. 2-145 On February 4, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 76. The proposed regulation was published in the February 14, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 2, 2004.
This regulation establishes rules mandated by the Food Employee Certification Act. The requirements include certification of at least one supervisory employee who is responsible for the storage, preparation, display or serving of food to the public in establishments regulated by the Department or local health organizations.
We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S. § 6504(g)(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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 04-1413. Filed for public inspection July 30, 2004, 9:00 a.m.]
