INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [40 Pa.B. 4359]
[Saturday, July 31, 2010]The Independent Regulatory Review Commission (Commission) met publicly at 10 a.m., Thursday, July 15, 2010, and announced the following:
Action taken—regulations approved:
State Board of Nursing #16A-5136: Biennial Renewal Fee (amends 49 Pa. Code §§ 21.5, 21.147, 21.253 and 21.705)
State Real Estate Commission #16A-5615: Initial Licensure Fees (amends 49 Pa. Code § 35.203)
Department of Labor and Industry #12-76: Propane and Liquefied Petroleum Gas (amends 34 Pa. Code Chapter 13)
Department of Public Welfare #14-512: Individual Support Plan for Individuals with Mental Retardation (amends 55 Pa. Code Chapters 2380, 2390, 6400 and 6500)
State Employees' Retirement Board #31-7: Priority of Taxation, Attachment and Assignment of Funds (amends 4 Pa. Code Chapter 247)
State Board of Veterinary Medicine #16A-5723: Biennial Renewal Fees (amends 49 Pa. Code § 31.41)
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Nursing—
Biennial Renewal Fees;
Regulation No. 16A-5136 (#2809)On December 7, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Sections 21.5, 21.147, 21.253, and 21.705. The proposed regulation was published in the December 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 10, 2010.
This regulation raises biennial renewal fees for registered nurses, practical nurses, certified registered nurse practitioners and dietitian-nutritionists.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 221.2(b)) 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.
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Real Estate Commission—
Initial Licensure Fees;
Regulation No. 16A-5615 (#2810)On December 7, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission. This rulemaking amends 49 Pa. Code Section 35.203. The proposed regulation was published in the December 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted on May 25, 2010.
This regulation amends the State Real Estate Commission's existing two-tiered fee structure to a single tier fee structure so that it can process on-line applications.
We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. § 455.407) 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.
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Labor and Industry—
Propane and Liquefied Petroleum Gas;
Regulation No. 12-76 (#2775)On July 9, 2009, 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 13. The proposed regulation was published in the July 25, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 8, 2010.
This regulation implements the Propane and Liquefied Petroleum Gas Act of 2002 relating to the storage, transfer, sale and use of liquefied petroleum gas.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. §§ 1329.16 and 1329.5(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.
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Public Welfare—
Individual Support Plan for
Individuals with Mental Retardation;
Regulation No. 14-512 (#2687)On April 16, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 2380, 2390, 6400 and 6500. The proposed regulation was published in the April 26, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 27, 2010.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 911 and 1021) 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.
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Employees' Retirement Board—
Priority of Taxation, Attachment and
Assignment of Funds;
Regulation No. 31-7 (#2689)On April 18, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Employees' Retirement Board (Board). This rulemaking amends 4 Pa. Code Chapter 247. The proposed regulation was published in the May 3, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 2, 2010.
This final-form rulemaking adds a new section to the Board's regulations pertaining to benefits. The new section sets priorities among conflicting demands of forfeitures, attachments and assignments on members' retirement benefits authorized under the State Employees' Retirement Code.
We have determined this regulation is consistent with the statutory authority of the Board (71 Pa.C.S.A. § 5902(h)) 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.
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Approval Order Public Meeting held
July 15, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Veterinary Medicine—
Biennial Renewal Fees;
Regulation No. 16A-5723 (#2788)On September 2, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code § 31.41. The proposed regulation was published in the September 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2010. At its April 22, 2010 public meeting, the Commission voted to disapprove the final-form regulation. On June 7, 2010, the Board submitted its report containing the revised final-form regulation to the Commission.
This final-form rulemaking provides for incremental biennial license renewal fee increases for veterinarians and veterinary technicians.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 485.13(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. 10-1410. Filed for public inspection July 30, 2010, 9:00 a.m.]
