Section 307.6. Time period for Commission review of a final regulation

(a) The Commission may not act on a final regulation until the expiration of the time for committee review under section 5.1(j.1) of the act (71 P. S. § 745.5a(j.1)).

(b) The Commission may have until its next scheduled meeting which occurs no less than 30 days after delivery of the final regulation to take action on the regulation. The Commission will calculate its review period as beginning the day after the delivery of the regulation to the Commission and the committees.

(c) If the Commission is unable to approve or disapprove a final regulation because of the lack of a quorum, its review period will be extended for 30 days or until the next meeting at which a quorum is present, whichever occurs first.

(d) To determine whether the final regulation meets the regulatory review criteria, the Commission will consider the following:

(1) Comments from the committees.

(2) Comments from members of the General Assembly.

(3) Pertinent opinions issued by Pennsylvania and Federal courts.

(4) Comments from the public.

(5) The agency’s response to comments and Commission comments.

Notation

Cross References

This section cited in 1 Pa. Code § 309.1 (relating to Commission and committee action on a final regulation).