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PA Bulletin, Doc. No. 05-518

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[35 Pa.B. 1840]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No. Agency/Title Close of the Public Comment PeriodIRRC
Comments Issued
16A-478 State Registration Board for Professional
   Engineers, Land Surveyors and Geologists
Biennial Renewal Fees and Examination Fees
35 Pa.B. 258 (January 8, 2005)
2/7/053/9/05

State Registration Board for Professional Engineers, Land Surveyors and Geologists
Regulation No. 16A-478 (IRRC #2453)

Biennial Renewal Fees and Examination Fees

March 9, 2005

   We submit for your consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on February 7, 2005. If the final-form regulation is not delivered within two years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 37.17. Schedule of fees.--Clarity.

   The House Professional Licensure Committee (House Committee) submitted comments dated February 15, 2005, recommending ''that the Board add language to the regulation which states that the testing organization will set the fee and that applicants will pay the fee directly to the testing organization.'' We agree that language should be added indicating who sets and collects fees.

2.  Section 37.16. General information; application and examination.--Clarity.

   Existing Subsection (c) (relating to examinations) states:

Written examinations will be held in Pittsburgh, Harrisburg, Philadelphia and other places designated by the Board during the months of April and October of each year. Applications for examination eligibility shall be submitted to the Board office by December 1 for the April examination and by July 1 for the October examination.

   The House Committee questioned whether existing Section 37.16(c) should be amended, given that the testing organization administers the examination. We also seek this clarification.

   Subsection (c) is inconsistent with the Board's website concerning examination dates and application deadlines for geologists. The website lists examination dates in March rather than April and application deadlines of November 15 and June 15, not December 1 and July 1. The Board should consider replacing the specific information in the regulation with a reference to where applicants can find current information concerning the current testing organizations, examination fees, examination deadlines, examination dates and examination locations.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 05-518. Filed for public inspection March 18, 2005, 9:00 a.m.]



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