Section 311.2. Response by an agency to Commission disapproval

(a) Upon receipt of the Commission’s disapproval order, the agency may select one of the following three options:

(1) To proceed with promulgation of the regulation without revisions, under § 311.3 (relating to report for a disapproved regulation submitted without revisions or modifications).

(2) To revise the regulation in order to respond to the Commission’s objections, under § 311.4 (relating to report for a disapproved regulation submitted with revisions).

(3) To withdraw the regulation, under subsection (b).

(b) If the agency does not deliver a report to the Commission and the committees within the time prescribed in section 7(b) or (c) of the act (71 P. S. § 745.7(b) and (c)) and § 311a.7 (relating to delivery of the report for subsequent review of a disapproved regulation), the agency is deemed to have withdrawn the regulation.

Notation

Cross References

This section cited in 1 Pa. Code § 311.3 (relating to report for a disapproved regulation submitted without revisions or modifications); and 1 Pa. Code § 311.4 (relating to report for a disapproved regulation submitted with revisions).