NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[29 Pa.B. 2195] The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 8, 1999, and took the following actions:
Regulations Approved:
State Board of Psychology #16A-635: Examination Fees (amends 49 Pa. Code § 41.12).
State Board of Chiropractic #16A-4310: Radiologic Procedures Examination Fees (amends 49 Pa. Code Chapter 5).
State Board of Landscape Architects #16A-614: Examination Fees (amends 49 Pa. Code § 15.12).
Department of Labor and Industry #12-53: Special Funds Assessments (amends 34 Pa. Code Chapter 121).
Pennsylvania Public Utility Commission #57-163: Obsolete Regulations Concerning Electric Service (amends 52 Pa. Code Chapters 57 and 59).
Department of Agriculture #2-111: Weights, Measures and Standards (amends 70 Pa. Code Chapters 1--10, 21, 35 and 39).
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
April 8, 1999State Board of Psychology--Examination Fees; Regulation No. 16A-635
Order On March 12, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code § 41.12. The authority for this regulation is section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and sections 3.2(2) and 3.3(d) of the Professional Psychologists Practice Act (63 P. S. §§ 1203.2(2) and 1203.3). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation increases the fee for the National portion of the licensure examination, Professional Practice of Psychology, by $55 or 18.6%. The increase is necessary to meet contract costs that apply to examinations on and after April 1999.
On March 23, 1999, the House Professional Licensure Committee approved the regulation.
We have reviewed this regulation and find it to be in the public interest. The revised fee reflects the Board's contract with Professional Examination Services to develop, grade and administer the Professional Practice of Psychology examination.
Therefore, It Is Ordered That:
1. Regulation No. 16A-635 from the State Board of Psychology, as submitted to the Commission on March 12, 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
April 8, 1999State Board of Chiropractic--Radiologic Procedures Examination Fees; Regulation No. 16A-4310
Order On March 12, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Chiropractic (Board). This rulemaking amends 49 Pa. Code Chapter 5. The authority for this regulation is contained in section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 1101(a) of the Chiropractic Practices Act (63 P. S. § 625.1101(a)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is proposing to decrease the fee for the radiological procedures examination. The fee will be reduced from $75 to $58. The fee represents the contract cost between the Board and its agent, the American Chiropractic Registry of Radiological Technologists to administer the radiological procedure examination. The examination must be taken by auxiliary personnel who perform certain radiological procedures under the direct supervision of a chiropractor.
The House Professional Licensure Committee approved the regulation on March 23, 1999.
We have reviewed this regulation and find it to be in the public interest. The change in fee is necessary to reflect the actual costs to administer the radiological procedures examination.
Therefore, It Is Ordered That:
1. Regulation No. 16A-4310 from the State Board of Chiropractic, as submitted to the Commission on March 12, 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
April 8, 1999State Board of Landscape Architects--Examination Fees; Regulation No. 16A-614
Order On March 10, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Landscape Architects (Board). This rulemaking amends 49 Pa. Code § 15.12. The authority for this regulation is in sections 4(2) and (9) and 5(a) of the Landscape Architects' Registration Law (63 P. S. §§ 904(2) and (9) and 905(a)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is increasing the fees for the National Landscape Architect Registration Examination (LARE) effective with the December 1999 examinations. The regulation also incorporates revised examination section designations which will be used starting with the June 1999 examination. Currently, the LARE has six numbered sections. The revised LARE has Sections A through E.
On March 23, 1998, the House Professional Licensure Committee approved the regulation.
We have reviewed this regulation and find it to be in the public interest. The revised fees reflect the Board's contract with the Council of Landscape Architectural Registration Boards to develop, grade and administer the LARE.
Therefore, It Is Ordered That:
1. Regulation No. 16A-614 from the State Board of Landscape Architects, as submitted to the Commission on March 10, 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
April 8, 1999Department of Labor and Industry--Special Funds Assessments; Regulation No. 12-53
Order On August 26, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 121. The authority for this regulation is found in section 2218 of Act 57 of 1997 (71 P. S. § 578) and sections 401.1 and 435 of the Workers' Compensation Act (71 P. S. §§ 710 and 991). The proposed regulation was published in the September 5, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 16, 1999.
In accordance with Act 57, the Department is revising Chapter 121 to clarify that the imposition, collection and remittance of assessments for certain funds shall be done ''through insurers'' rather than ''imposed on'' insurers. The revisions affect the Subsequent Injury Fund; the Workmen's Compensation Supersedeas Fund; and the Workmen's Compensation Administration Fund. The regulation also clarifies the formula for calculating the assessment for the Office of Small Business Advocate and the procedures for the operation of the Special Funds.
We have reviewed this regulation and find it to be in the public interest. The revisions bring the Department's regulations into compliance with Act 57.
Therefore, It Is Ordered That:
1. Regulation No. 12-53 from the Department of Labor and Industry, as submitted to the Commission on March 16, 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
April 8, 1999Pennsylvania Public Utility Commission--Obsolete Regulations Concerning Electric Service; Regulation No. 57-163
Order On February 20, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapters 57 and 59. The authority for this regulation is sections 501, 504, 505, 506, 1301 and 1501 of the Public Utility Code (66 Pa.C.S. §§ 501, 504, 505, 506, 1301 and 1501). The proposed regulation was published in the March 8, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 10, 1999.
This regulation eliminates or revises obsolete provisions, including record maintenance for electric utilities and sales promotion practices for gas and electric utilities. The regulation also simplifies procedures for electric utilities to request an exemption from the underground installation requirements for electric service in new residential developments.
We have reviewed this regulation and find it to be in the public interest. Elimination of unnecessary record maintenance requirements should lower costs for electric utilities. Simplified procedures for exemption from underground installation requirements will benefit residential developers as well as new home purchasers.
Therefore, It Is Ordered That:
1. Regulation No. 57-163 from the Pennsylvania Public Utility Commission, as submitted to the Commission on March 10, 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, dissenting; Robert J. Harbison, III; John F. Mizner
Public Meeting held
April 8, 1999Department of Agriculture--Weights, Measures and Standards; Regulation No. 2-111
Order On September 29, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 70 Pa. Code Chapters 1--10, 21, 35 and 39. The authority for this regulation is the Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101--4194) (act). The proposed regulation was published in the October 10, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 17, 1999.
The regulation implements the act by incorporating comprehensive provisions. It includes provisions for testing and inspection of universal product code (UPC) scanners and price look up (PLU) devices by State inspectors, county or city sealers, or by private certification programs. The regulation also allows cities and counties the option to participate in a sealer program. Participation had previously been mandatory.
The regulation contains training and licensure requirements for inspectors of UPCs and PLUs and for Certified Examiners of Weights and Measures (CEWMs). It also contains registration, training and reporting standards for sellers, installers and repairers of commercial weighing and measuring devices.
We have reviewed this regulation and find it to be in the public interest. The regulation establishes requirements consistent with the act for all parties who seek Department certification as CEWMs and scanner inspectors. It will impact all businesses that commercially use weighing and measuring devices by insuring that inspections are completed annually.
Therefore, It Is Ordered That:
1. Regulation No. 2-111 from the Department of Agriculture, as submitted to the Commission on March 17, 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. 99-672. Filed for public inspection April 23, 1999, 9:00 a.m.]
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