INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [44 Pa.B. 6051]
[Saturday, September 20, 2014]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, September 4, 2014, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective September 3, 2014
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-6921: Qualifications for Licensure (amends 49 Pa. Code §§ 47.12c, 48.13 and 49.13)
Action Taken—Regulations Approved:
Department of Drug and Alcohol Programs #74-2: Drug and Alcohol Facilities and Services (amends 28 Pa. Code §§ 701.1, 701.3 and 701.13)
Department of Drug and Alcohol Programs #74-1: Standards for Licensure of Freestanding Treatment Facilities (amends 28 Pa. Code (§ 709.21))
Department of Transportation #18-431: Roadside Rest Areas (amends 67 Pa. Code Chapter 443)
Philadelphia Parking Authority #126-9: Annual Filing Requirements (amends 52 Pa. Code Sections 1001.43, 1011.3, 1011.4, 1051.3 and 1051.4)
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Approval Order Public Meeting Held
September 4, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Drug and Alcohol Programs—
Drug and Alcohol Facilities and Services;
Regulation No. 74-2 (#3060)On July 8, 2014, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Drug and Alcohol Programs (DDAP). This rulemaking amends 28 Pa. Code §§ 701.1, 701.3 and 701.13. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking amends 28 Pa. Code Part V (Drug and Alcohol Facilities and Services) to update and clarify that DDAP is the Commonwealth agency responsible for the coordination and administration of drug and alcohol treatment and abuse prevention efforts. Act 50 of 2012 transferred these powers, duties and functions from the Department of Health to DDAP.
We have determined this regulation is consistent with the statutory authority of DDAP (71 P. S. § 613.1(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.
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Approval Order Public Meeting Held
September 4, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Drug and Alcohol Programs—
Standards for Licensure of Freestanding
Treatment Facilities;
Regulation No. 74-1 (#3049)On February 26, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Drug and Alcohol Programs (DDAP). This rulemaking amends 28 Pa. Code (§ 709.21). The proposed regulation was published in the March 8, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 8, 2014.
This regulation incorporates certain Department of Health interpretive guidelines relating to free-standing treatment activities, and removes certain redundant or outdated requirements relating to personnel, governance and reporting.
We have determined this regulation is consistent with the statutory authority of the DDAP (71 P. S. § 613.1(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.
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Approval Order Public Meeting Held
September 4, 2014Commissioners Voting: George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Transportation—
Roadside Rest Areas;
Regulation No. 18-431 (#2960)On July 17, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 443. The proposed regulation was published in the July 28, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 16, 2014.
This regulation updates the list of prohibited activities and actions at roadside rest areas and welcome centers under the Department's jurisdiction.
We have determined this regulation is consistent with the statutory authority of the Department (36 P. S. § 478.18) 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
September 4, 2014Commissioners Voting: George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Philadelphia Parking Authority—
Annual Filing Requirements;
Regulation No. 126-9 (#3058)On April 29, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Philadelphia Parking Authority. This rulemaking amends 52 Pa. Code Sections 1001.43, 1011.3, 1011.4, 1051.3 and 1051.4. The proposed regulation was published in the May 10, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 31, 2014.
This regulation clarifies existing provisions for annual rights renewal processes.
We have determined this regulation is consistent with the statutory authority of the Philadelphia Parking Authority (53 Pa.C.S.A. §§ 5722 and 5742) 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 F. MIZNER, Esq.,
Chairperson[Pa.B. Doc. No. 14-1975. Filed for public inspection September 19, 2014, 9:00 a.m.]
