NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[29 Pa.B. 1278]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, February 18, 1999, and took the following actions:

Regulations Approved:

   State Board of Certified Real Estate Appraisers # 16A-707: Broker/Appraiser Fees (amends 49 Pa. Code § 36.6)

   State Board of Certified Real Estate Appraisers # 16A-708: Continuing Education (amends 49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262)

   Pennsylvania Emergency Management Agency # 30-49: Radiation Emergency Response Fund (amends 4 Pa. Code Chapter 116)

   Pennsylvania Emergency Management Agency # 30-50: Radiation Transportation Emergency Response Fund (amends 4 Pa. Code Chapter 117)

Regulations deemed approved under Section 5(g) of the Regulatory Review Act--Effective February 18, 1999

   State Board of Veterinary Medicine # 16A-577: Fees (amends 49 Pa. Code § 31.41)

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

Public Meeting held
February 18, 1999

State Board of Certified Real Estate Appraisers--Broker/Appraiser Fees; Regulation No. 16A-707

Order

   On April 17, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Certified Real Estate Appraisers (Board). This rulemaking amends 49 Pa. Code § 36.6. The authority for this regulation is section 457.6(a)(3) of Act 71 of 1996, which amended the Real Estate Appraisers Certification Act (63 P. S. § 457.6(a) (3)). The proposed regulation was published in the Pennsylvania Bulletin May 2, 1998, with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 25, 1999.

   This rulemaking establishes new fees for the recently created new classification of real estate brokers/appraisers. The new certification fees will impact about 3,500 brokers. On February 9, 1999, the House Professional Licensure Committee approved the regulation.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking will update the Board's regulations and authorize it to collect the administrative fees applicable to the certifications of real estate brokers/appraisers.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-707 from the State Board of Certified Real Estate Appraisers, as submitted to the Commission on January 25, 1999, 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
February 18, 1999

State Board of Real Estate Appraisers--Continuing Education; Regulation No. 16A-708

Order

   On January 25, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Real Estate Appraisers (Board). This rulemaking amends 49 Pa. Code §§ 36.41, 36.42, 36.261 and 36.262. The authority for this regulation is found in section 10(b) of the Real Estate Appraisers Certification Act (REACA) (63 P. S. § 457.10(b)) and section 4(d) of the Assessors Certification Act (63 P. S. § 458.4(d)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The regulation increases the continuing education requirements for certified general and residential appraisers and certified Pennsylvania evaluators from 20 hours to 28 hours biennially. The regulation also mandates that 6 of the required hours cover the Uniform Standards of Professional Appraisal Practice and the Board's certification statutes and regulations. On February 9, 1999, the House Professional Licensure Committee approved the regulation.

   We have reviewed this regulation and find it to be in the public interest. The new continuing education requirements for appraisers are consistent with the corresponding Federal requirements as required by REACA. Imposing the same requirements on certified Pennsylvania evaluators will ensure that evaluators maintain the same level of competency as appraisers.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-708 from the State Board of Certified Real Estate Appraisers, as submitted to the Commission on January 25, 1999, 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
February 18, 1999

Pennsylvania Emergency Management Agency--Radiation Emergency Response Fund; Regulation No. 30-49

Order

   On June 9, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency (PEMA). This rulemaking amends 4 Pa. Code Chapter 116. The authority for this regulation is section 7313 of the Emergency Management Services Code (35 Pa.C.S. § 7313). The proposed regulation was published in the June 20, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was initially submitted to the Commission on November 16, 1998. The 20-day Committee review period was suspended by final adjournment of the General Assembly on November 30, 1998. Under section 5.1(f) of the Regulatory Review Act (71 P. S. § 745.5a(f)), PEMA resubmitted this regulation on February 2, 1999.

   This regulation streamlines the administration of the Radiation Emergency Response Fund (RERF). Counties and local governments with nuclear reactors or related facilities within or near their borders and certain State agencies may apply to PEMA for RERF grants for radiation emergency response programs. The revenue sources for the RERF are set forth in section 402(c) of the Radiation Protection Act (35 P. S. § 402(c)).

   We have reviewed this regulation and find it to be in the public interest. This regulation will streamline the processing and approval of grant payments to emergency response programs. It will reduce the time that recipients currently must wait for payments by several months.

Therefore, It Is Ordered That:

   1.  Regulation No. 30-49 from the Pennsylvania Emergency Management Agency, as submitted to the Commission on February 2, 1999, 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
February 18, 1999

Pennsylvania Emergency Management Agency--Radiation Transportation Emergency Response Fund; Regulation No. 30-50

Order

   On June 9, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency (PEMA). This rulemaking amends 4 Pa. Code Chapter 117. The authority for this regulation is section 7313 of the Emergency Management Services Code (35 Pa.C.S. § 7313). The proposed regulation was published in the June 20, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was initially submitted to the Commission on November 16, 1998. The 20-day Committee review period was suspended by final adjournment of the General Assembly on November 30, 1998. Under section 5.1(f) of the Regulatory Review Act (71 P. S. § 745.5a(f)), PEMA resubmitted this regulation on February 2, 1999.

   This regulation streamlines the administration of the Radiation Transportation Emergency Response Fund (RTERF). Counties and local governments with an approved shipment route for spent nuclear fuel within 5 miles of their borders and certain State agencies may apply to PEMA for RTERF grants. These grants support emergency response programs for accidents involving the shipment of spent nuclear fuel. The revenue source for the RTERF is set forth in section 402(c)(4) of the Radiation Protection Act (35 P. S. § 402(c)(4)).

   We have reviewed this regulation and find it to be in the public interest. This regulation will streamline the processing and approval of grant payments to emergency response programs. It will reduce the time that recipients currently must wait for payments by several months.

Therefore, It Is Ordered That:

   1.  Regulation No. 30-50 from the Pennsylvania Emergency Management Agency, as submitted to the Commission on February 2, 1999, is approved; and

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

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 99-368. Filed for public inspection March 5, 1999, 9:00 a.m.]

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