Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-1443

RULES AND REGULATIONS

[31 PA. CODE CH. 57]

Publication of Citations and Notice of Hearings

[28 Pa.B. 4531]

   The Insurance Department (Department) amends § 57.1 (relating to general requirements) to read as set forth in Annex A. This rulemaking is promulgated under the authority of sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). Notice of proposed rulemaking is omitted in accordance with section 204(1)(iii) and (3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204 (1)(iii) and (3)) (CDL).

Purpose

   The purpose of this final omitted rulemaking is to delete obsolete language referring to a nonexistent practice. This rulemaking pertains to Departmental practice concerning publication of notice in the Pennsylvania Bulletin. Section 57.1 was adopted March 23, 1973.

   Under section 204(1)(iii) and (3) of the CDL, notice of proposed rulemaking may be omitted if the agency finds that the notice procedures are unnecessary because the regulation pertains to agency procedure or practice or the agency finds that the regulation is contrary to the public interest.

Explanation of Regulatory Requirements

   The title of Chapter 57, ''Publication of Citations and Notice of Hearings,'' will be amended by deleting reference to ''citations.''

   Section 57.1 will be amended by deleting a reference to an obsolete practice. The amendment will more narrowly tailor the language to reflect actual practice.

Fiscal Impact

   The amendment will not have any impact on costs associated with the Department, insurance companies, political subdivisions or the general public.

Paperwork

   The amendment will not impose additional paperwork requirements on the Department, insurers or the general public.

Persons Regulated

   The amendment applies only to Departmental practice concerning publication of notices in the Pennsylvania Bulletin.

Effective/Sunset Date

   This order is effective upon publication in the Pennsylvania Bulletin. No sunset date has been assigned.

Contact Person

   Questions or comments regarding the rulemaking may be addressed in writing to J. Salvatore, Regulatory Coordinator, 1326 Strawberry Square, Harrisburg, PA 17120, (717) 787-4429.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on July 14, 1998, the Department submitted a copy of this amendment with the proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Banking and Insurance Committee and the House Insurance Committee. On the same date, the rulemaking was submitted to the Office of Attorney General for review and approval under section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)).

   In accordance with section 5.1(d) of the Regulatory Review Act, the amendment was deemed approved by the Senate Banking and Insurance Committee and the House Insurance Committee on August 3, 1998. The amendment was deemed approved by IRRC on August 4, 1998, when section 5(g) of the Independent Regulatory Review Act.

Findings

   The Insurance Commissioner finds that:

   There is good cause under section 204 of the CDL, to amend the regulation effective upon publication, because this regulation pertains only to agency procedure and practice. An immediate effective date should best serve the public interest.

Order

   The Insurance Commissioner, acting under the statutory authority, orders that:

   (a)  The regulations of the Department, 31 Pa. Code Chapter 57, are amended by amending § 57.1 to read as set forth in Annex A.

   (b)   The Department shall submit this order and Annex A to the Office of the Attorney General and Office of General Counsel for approval as to form and legality as required by law.

   (c)  The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon its publication in the Pennsylvania Bulletin.

M. DIANE KOKEN,   
Insurance Commissioner

   Fiscal Note: 11-174. No fiscal impact; (8) recommends adoption.

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4215 (August 22, 1998).)

Annex A

TITLE 31.  INSURANCE

PART I.  GENERAL PROVISIONS

Subpart F.  RULES OF PROCEDURE

CHAPTER 57.  PUBLICATION OF NOTICE OF HEARINGS

§ 57.1.  General requirements.

   All notices of hearing pertaining to alleged violations of the insurance laws of the Commonwealth will hereafter be published in the Pennsylvania Bulletin for the purpose of informing the respondents, the insurance industry and the public of pending actions.

[Pa.B. Doc. No. 98-1443. Filed for public inspection September 4, 1998, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.