RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF AUCTIONEER EXAMINERS
[49 PA. CODE CH. 1]
Examination Fees
[26 Pa.B. 866] The State Board of Auctioneer Examiners (Board) amends § 1.23 (relating to auctioneer licensure examination; fees) pertaining to increased fees for examinations for licensure after September 1, 1995, as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 6 of the Auctioneer and Auction Licensing Act (act) (63 P. S. § 734.6), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. This amendment will change fees for examinations to candidates for licensure. Contract costs for examination services increased with the September 1995, examination under the new contract executed September 1, 1995.
Public notice of intention to amend § 1.23 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. §§ 1201 and 1202) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by this amendment have been given actual notice of the Board's intention to amend § 1.23 in advance of final rulemaking under section 204(2) of the CDL.
Statutory Authority This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 6 of the act.
Fiscal Impact and Paperwork Requirements The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendment was submitted on December 6, 1995, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-1--732-506).
Under section 5(c) of the Regulatory Review Act, the amendment was deemed approved by the House and Senate Committees on December 27, 1995, and approved by IRRC on January 3, 1996.
Additional Information Individuals who desire information are invited to submit inquiries to Dorna Thorpe, Board Administrator, State Board of Auctioneer Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulation as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL is in this circumstance, unnecessary because section 812.1 of The Administrative Code of 1929 requires candidate fees cover the cost of the examination.
(2) Persons affected by the regulation as adopted by this order have been given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 1, are amended by amending § 1.23 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin, and apply to examinations administered on and after September 1, 1995.
WYLIE S. RITTENHOUSE,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 284 (January 20, 1996).)
Fiscal Note: 16A-643. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 1. STATE BOARD OF
AUCTIONEER EXAMINERS
LICENSURE § 1.23. Auctioneer licensure examination; fees.
(a) The Board will schedule the auctioneer licensure examination two times each year.
(b) The applicant for auctioneer's license shall apply to the Board for admission to the licensure examination and pay the fee of $87.
(c) If an applicant fails the examination once, the applicant may take the next scheduled examination or the examination following the next scheduled examination. If an applicant fails the licensure examination twice, the Board, upon notice to the applicant, may require the applicant to complete additional training approved by the Board.
[Pa.B. Doc. No. 96-286. Filed for public inspection March 1, 1996, 9:00 a.m.]
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