NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[29 Pa.B. 4749]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 19, 1999, and took the following actions:

Regulations Approved:

   State Horse Racing Commission #34-63: Rules of Racing (amends 58 Pa. Code Chapters 163 and 165).

   Insurance Department #11-190: Minimum Reserve Standards for Individual and Group Health and Accident Insurance Contracts (amends 31 Pa. Code §§ 84a.1--84a.4 and 84a.6).

   State Board of Cosmetology #16A-457: Examination Fees (amends 49 Pa. Code § 7.2).

   State Board of Education #6-258: Certification of Professional Personnel (amends Subchapters A, B and C of 49 Pa. Code).

Regulation Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective August 10, 1999.

   Insurance Department #11-151: Collision Loss Settlements (deletes 31 Pa. Code §§ 65.11--65.14).

Regulation Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective August 18, 1999.

   Pennsylvania Health Care Cost Containment Council 100-14: Severity Methodology (amends 28 Pa. Code §§ 912.1, 912.3 and 912.31).

____

August 19, 1999

Honorable M. Diane Koken, Commissioner
Insurance Department
1326 Strawberry Square
Harrisburg, PA 17120

Re:  IRRC Regulation #11-151 (#1862)
Insurance Department
Collision Loss Settlements

Dear Commissioner Koken:

   Since this proposal meets all of the criteria under Section 5b(3), your regulation is approved. A copy of this letter will be forwarded to the Legislative Reference Bureau.

   Any questions you or your staff may have, contact Robert E. Nyce, our Executive Director at 783-5506.

John R. McGinley, Jr.,   
Chairperson

____

August 19, 1999

Marc P. Volavka, Executive Director
Pennsylvania Health Care Cost Containment Council
225 Market Street, Suite 400
Harrisburg, PA 17101

Re:  IRRC Regulation #100-14 (#1995)
Pennsylvania Health Care Cost Containment Council
Severity Methodology

Dear Mr. Volavka:

   Since this proposal meets all of the criteria under Section 5b(3), your regulation is approved. A copy of this letter will be forwarded to the Legislative Reference Bureau.

   Any questions you or your staff may have, contact Robert E. Nyce, our Executive Director at 783-5506.

John R. McGinley, Jr.,   
Chairperson

____

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

Public Meeting held
August 19, 1999

   State Horse Racing Commission--Rules of Racing; Regulation No. 34-63

Order

   On September 14, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Horse Racing Commission (Horse Racing Commission). This rulemaking amends 58 Pa. Code Chapters 163 and 165. The authority for this regulation is found in section 202(a) of the Race Horse Industry Reform Act (4 P. S. §§  325.101--325.402). The proposed regulation was published in the September 26, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 19, 1999.

   The Horse Racing Commission is amending the ''coupled entry'' rule. This rule restricts an owner or trainer from entering two or more horses in the same race. The amendment removes this restriction on trainers. The restriction on owners remains. The Horse Racing Commission is also amending its regulations governing the Pennsylvania Breeders' Fund Program (Fund). The amendment requires a foal or its dam to spend at least 90 days in the Commonwealth during the year of foaling to qualify the foal for registration as Pennsylvania-bred and to be eligible for Fund awards.

   We have reviewed this regulation and find it to be in the public interest. The amendments clarify and update the regulations to bring them into conformance with surrounding jurisdictions. The amendments also impose a reasonable standard for qualifying a foal as Pennsylvania-bred.

Therefore, It Is Ordered That:

   1.  Regulation No. 34-63 from the State Horse Racing Commission, as submitted to the Commission on July 19, 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
August 19, 1999

   Insurance Department--Minimum Reserve Standards for Individual and Group Health and Accident Insurance Contracts; Regulation No. 11-190

Order

   On September 23, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Insurance). This rulemaking amends 31 Pa. Code §§ 84a.1--84a.4 and 84a.6. The authority for this regulation is sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412), and sections 301.1 and 311.1 of the Insurance Department Act (40 P. S. §§ 71.1 and 93). The proposed regulation was published in the October 3, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 20, 1999.

   This regulation updates, clarifies and modifies minimum standards for insurers in calculating financial reserves for health and accident insurance contracts. It also modifies the minimum contract reserve standards for long-term care insurance.

   We have reviewed this regulation and find it to be in the public interest. This regulation is a practical renovation and adjustment to recent changes in Federal law.

Therefore, It Is Ordered That:

   1.  Regulation No. 11-190 from the Insurance Department, as submitted to the Commission on July 20, 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
August 19, 1999

   State Board of Cosmetology--Examination Fees; Regulation No.16A-457

Order

   On July 12, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code § 7.2. The authority for this regulation is section 812(b) and (e) of The Administrative Code of 1929 (71 P. S. § 279.3a) and sections 13(b) and 16(a) of the Cosmetology Law (63 P. S. §§ 519(b) and 522(a)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On July 29, 1999, the Commission received a request from the Board to toll consideration of this final-omitted regulation to make a technical correction. On July 29, 1999, the State Board of Cosmetology submitted its revisions to the final-omitted regulation to the Commission.

   The following are the proposed revised fees:

Licensure		Proposed
Categories	Current Fees	Fees
Cosmetologist,    Manicurist,	$59 Complete	$71
Cosmetician and    Teacher	$31 Written (theory)	$41
	$28 Performance Exam	$30
Manager	$31	$41

   The Board estimates an average of 8,000 people will take a complete examination in FY 1999-2000, with an estimated additional cost to the regulated community of $96,000. The proposed new fees will be effective from September 1, 1999 to August 31, 2000.

   We have reviewed the revised final-omitted regulation and find it to be in the public interest. The new fees are necessary because the Board has entered into a contract with a new professional testing organization.

Therefore, It Is Ordered That:

   1.  Regulation No.16A-457 from the State Board of Cosmetology, as revised on July 29, 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
August 19, 1999

   State Board of Education--Certification of Professional Personnel; Regulation No. 6-258

Order

   On April 9, 1997, the Independent Regulatory Review Commission received this proposed regulation from the State Board of Education (Board). This rulemaking amends Subchapters A, B and C of 49 Pa. Code. The authority for this regulation is sections 1201--1268, 1109, 1141, 2603-B and 2604-b of the Public School Code (24 P. S. §§ 12-1201--12-1268, 11-1109, 11-1141, 26-2603-B and 26-2604-B). The proposed regulation was published in the April 19, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 17, 1999. At its June 17, 1999 public meeting, the Commission voted to disapprove the final-form regulation. On June 23, 1999, the Board notified the Commission of its intent to revise and resubmit the regulation. On July 27, 1999, the revised final-form regulation was submitted to the Commission.

   This regulation is the result of the Board's decennial review of certification rules and procedures. In response to comments from the Standing Committees, the public and the Commission, the Board made several major amendments to the final-form regulation. The Board removed controversial provisions for alternate entry, temporary waivers, and professional development. This regulation will add program and certificate principles, improve the assessment program for certification and collapse two levels of supervisory and administrative certificates into one level.

   The Commission cited two issues in the disapproval Order. First, the disapproved final-form regulation stated certificates will be issued to candidates ''. . . who meet Department prescribed standards based on the following principles:'' In our disapproval Order we stated that the statutory authority to establish certification requirements rests completely with the Board. In response, the Board deleted the phrase ''Department prescribed standards based on the following principles,'' and replaced it with the phrase ''the following standards.'' The list of principles, which served as guidelines for the Department todevelop standards, is now a list of the Board's standards. The regulation now requires candidates to meet these Board standards to get a certificate, as required by the statute.

   The second issue raised in our disapproval Order relates to Educational Specialist Certificates. These certificates cover services ''other than classroom teaching,'' such as school psychologists, dental hygienists and school nurses. The disapproved final regulation would have required an applicant to have completed 3 years of satisfactory teaching on an Educational Specialist I Certificate. However, psychologists, dental hygienists and school nurses don't teach, they serve. This inconsistency was raised in our disapproval Order. The Board has corrected the provision to require 3 years of service on an Education Specialist I Certificate.

   We have reviewed the revised final-form regulation and find it to be in the public interest. The Board has responded satisfactorily to the concerns raised in our disapproval Order. The revised final-form regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 6-258 from the State Board of Education, as resubmitted to the Commission on July 27, 1999, is approved;

   2.  The Commission's bar to final publication of Regulation No. 6-258 issued under section 6(b) of the Regulatory Review Act is hereby rescinded; and

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

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 99-1511. Filed for public inspection September 3, 1999, 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.

---