INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [30 Pa.B. 4480] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 10, 2000, and took the following actions:
Regulations Approved:
State Board of Landscape Architects #16A-612: Continuing Education (amends 49 Pa. Code Chapter 15).
Insurance Department #11-171: Pennsylvania Assigned Risk Consumer Protection (deletes 31 Pa. Code § 33.29 and add Chapter 67a).
Pennsylvania Securities Commission #50-114: Registration of Securities; Investment Adviser Representatives; and Administration (amends 64 Pa. Code Chapters 202, 203, 205, 206, 301--305, 404, 602 and 603).
State System of Higher Education #71-7: Operation of Motor Vehicles on State System Facilities (amends 22 Pa. Code Chapter 507).
State Board of Education #6-266: Gifted Education; Special Education Services and Programs (amends 22 Pa. Code Chapters 14, 16 and 342).
Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
August 10, 2000State Board of Landscape Architects--Continuing Education; Regulation No. 16A-612
On July 8, 1998, 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 Pennsylvania Bulletin on July 18, 1998, with a 30-day public comment period. Final-form versions of this regulation were submitted on December 1, 1999, and June 6, 2000, but were withdrawn prior to Commission consideration. A revised final-form regulation was submitted to the Commission on July 11, 2000.
The final regulation implements provisions of Act 107 of 1994 relating to continuing education requirements for licensed landscape architects (licensees), and it includes the application fees for course providers and licensees.
We have determined this regulation is consistent with the statutory authority of the State Board of Landscape Architects (Sections 4, 5 and 9.1 of the Landscape Architects' Registration Law (63 P. S. §§ 904, 905 and 909.1)) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
August 10, 2000Insurance Department--Pennsylvania Assigned Risk Consumer Protection; Regulation No. 11-171
On October 5, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code § 33.29 and adds Chapter 67a. The proposed regulation was published in the October 17, 1998 Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 20, 2000.
This rulemaking revises the Department's regulations governing the Assigned Risk Plan (Plan). The Plan includes all automobile insurers in Pennsylvania. It is the provider of last resort for automobile drivers unable to obtain insurance in the ordinary market.
We have determined this regulation is consistent with the statutory authority of the Insurance Department (75 Pa.C.S. §§ 1704(b) and 1742(4)) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
August 10, 2000Pennsylvania Securities Commission--Registration of Securities; Investment Adviser Representatives; and Administration; Regulation No. 50-114
On April 11, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Securities Commission (PSC). This rulemaking amends 64 Pa. Code Chapters 202, 203, 205, 206, 301--305, 404, 602 and 603. The proposed regulation was published in the May 6, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 12, 2000. On July 26, 2000, the Commission received a request from the PSC to toll consideration of this final-form regulation to correct references and minor typographical errors. Also on July 26, 2000, the PSC submitted its revisions to the final-form regulation to the Commission.
Consistent with the North American Securities Administrators Association model regulations, this proposal adopts uniform examinations for investment advisers and investment adviser representatives and uniform grandfathering and waiver provisions. Also, this proposal will conform the regulations to the requirements of the Federal Investment Advisers Supervision Coordination Act of 1996 and Pennsylvania's Act 109 of 1998.
We have determined this regulation is consistent with the statutory authority of the PSC (70 P. S. §§ 1-202(g), 1-203(j), (q) and (r), 1-205(b), 1-206(b), 1-301(b), 1-302(f), 1-303(a)-(e), 1-304(a), (b) and (e), 1-305(a) and (f), 1-404(a), 1-602(f), 1-603(c) and 1-609(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 revised regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
August 10, 2000State System of Higher Education--Operation of Motor Vehicles on State System Facilities; Regulation No. 71-7
On February 24, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State System of Higher Education (SSHE). This rulemaking amends 22 Pa. Code Chapter 507. The proposed regulation was published in the March 11, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 18, 2000.
The rulemaking authorizes the Board of Governors to set fines for the improper use of motor vehicles at State System facilities. This regulation allows the SSHE to base fines for parking and operation offenses at each campus upon the recommendation of the respective university president. All 95,000 students and 11,000 employees, vendors, business invitees and visitors to SSHE facilities must comply with the rulemaking.
We have determined this regulation is consistent with the statutory authority of the State System of Higher Education (24 Pa.C.S. § 20-2006-A (13.1)) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
August 10, 2000State Board of Education--Gifted Education; Special Education Services and Programs; Regulation No. 6-266
On September 23, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education. This rulemaking amends 22 Pa. Code Chapters 14, 16 and 342. The proposed regulation was published in the October 3, 1998 Pennsylvania Bulletin with a 30-day public comment period. On May 12, 2000, the Board withdrew this final-form regulation and resubmitted it to the Commission on July 13, 2000.
This regulation creates a new Chapter 16, Special Education for Gifted Students. The regulation separates the provisions relating to gifted education from the provisions relating to special education for children with disabilities.
We have determined this regulation is consistent with the statutory authority of the State Board of Education (24 P. S. §§ 13-1371, 26-2601-B--26-2606-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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 00-1470. Filed for public inspection August 25, 2000, 9:00 a.m.]
