NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 1601]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, March 12, 1998, and took the following actions:

Regulation Approved:

   #1800 Department of Education #6-257: Private Driver Training Schools (adds 22 Pa. Code §§ 101.101--101.181)

Regulations Dissapproved:

   #1700 Public School Employes' Retirement System #43-6. Change in Benefit Payment Plan (amends 22 Pa.  Code Chapter 213)

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner;

Public Meeting held
March 12, 1998

Department of Education--Private Driver Training Schools; Doc. No. 6-257

Order

   On March 26, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education (Education). This rulemaking adds 22 Pa. Code §§  101.101--101.181. The authority for this regulation is section 14 of the act of January 18, 1952 (24 P. S. § 2844) known as the Private Driver Education or Training School Act. The proposed regulation was published in the April 5, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 17, 1998.

   The regulation represents an updated and substantial revision of the existing regulations for private driver training schools. The existing regulations were adopted in June 1970 and were never revised. The rulemaking establishes requirements for school and teacher licensure, school plant standards, recordkeeping and advertising. Education estimates that the total cost for criminal background checks for 150 licensed driving schools will be $3,000 annually.

   The House Education Committee voted to approve this regulation on March 9, 1998. The Commission also received a letter dated March 9, 1998, from Senator James J. Rhoades, Chairperson of the Senate Education Committee, stating that his Committee did not have any concerns with this regulation.

   We have reviewed this regulation and find it to be in the public interest. In response to comments from the House Education Committee and this Commission, Education made several changes to the regulation that improved its clarity. Major improvements include the incorporation of statutory language or citations in important areas of the regulation.

Therefore, It Is Ordered That:

   1.  Regulation No. 6-257 from the Department of Education, as submitted to the Commission on February 17, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 12, 1998

Public School Employes' Retirement System--Change in Benefit Payment Plan; Doc. No. 43-6

Order

   On January 2, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Public School Employes' Retirement System (PSERS) which amends 22 Pa. Code Chapter 213. The authority for this regulation is section 8502(h) of the Public School Employees' Retirement Code (act). The proposed regulation was published in the January 20, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 19, 1998.

   The regulation establishes the procedures that a member must comply with in order to change the terms of the retirement contract.

   We have reviewed this regulation and find it not to be in the public interest. Based on reasonableness and clarity, the regulation does not meet the criteria of the Regulatory Review Act. We have one substantive concern with the revised language and two other items which we believe should be clarified.

   First, § 213.45(a) of the final-form regulation provides that ''an Annuitant may declare an intent to change the final terms of the benefit payment plan by filing a written intent with the System within 15 days of the date of the initial benefit letter sent to the member by the System.''

   We believe that 15 days is not a reasonable amount of time for the member to respond, particularly as the 15-day period begins on the date of the letter as opposed to the date the letter is received.

   Therefore, we recommend that PSERS amend the 15 days to a more reasonable period, such as 30 days. This would allow a member the opportunity to respond in a timely manner. In addition, PSERS should add language to this section which makes it clear that the 30 days begins upon receipt of the initial letter, and that a member is presumed to have received the letter 3 days after mailing.

   Second, § 213.45(b) of the final-form regulation provides that ''an Annuitant may declare an intent to change the final terms of the benefit payment plan by filing a written intent with the System within 30 days after the date of mailing of the statement provided for in Section 8505(g) of the Code, if one or both of the following conditions are met.''

   The phrase ''if one or both of the following conditions are met'' could be confusing. PSERS should amend it to read ''if one of the following conditions are met.'' In addition, as noted above, PSERS should clarify that the 30 days begins upon receipt of the final statement, and that a member is presumed to have received the statement 3 days after mailing.

   In addition, § 213.45(b)(2) of the final-form regulation uses the term ''scrivener's error.''

   PSERS indicated that a ''scrivener's error'' is a precise term with certain parameters. However, these parameters do not appear in the regulation. The term ''scrivener's error'' should be clearly defined in the regulation.

Therefore, It Is Ordered That:

   1.  Regulation No. 43-6 from the Public School Employes' Retirement System, as submitted to the Commission on February 19, 1998, is disapproved;

   2.  The Public School Employees' Retirement System shall, within 7 days of receipt of this Order, notify the Governor, the designated Standing Committees of the House of Representatives and the Senate, and the Commission of its intention to either proceed with the promulgation of the regulation without revisions, to revise the regulation, or to withdraw the regulation. Failure to submit notification within the 7-day period shall constitute withdrawal of the regulation;

   3.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau; and

   4.  This Order constitutes a bar to final publication of Regulation No. 43-6 under section 6(b) of the Regulatory Review Act.

JOHN R. MCGINLEY, JR.,   
Chairperson

[Pa.B. Doc. No. 98-500. Filed for public inspection March 27, 1998, 9:00 a.m.]

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