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PA Bulletin, Doc. No. 00-2231

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[30 Pa.B. 6663]

   Sections 5(d) and (g) of the Regulatory Review Act (71 P. S. §§ 745.5(d) and (g)) provide that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in subsections 5.1(h) and (i) of the Regulatory Review Act (75 P. S. §§ 745.5a(h) and (i)).

   The Commission issued Comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final- form regulation must be submitted by the date indicated.

Final-Form
Submission
Reg. No.Agency/TitleIssuedDeadline
12-55Department of Labor & Industry12/07/0011/06/02
   Food-Service Employe Incentive
      Program

Department of Labor and Industry
Regulation No. 12-55

Food-Service Employe Incentive Program

December 7, 2000

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Department of Labor and Industry (Department) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by November 6, 2002, the regulation will be deemed withdrawn.

1.  Complaint or dispute resolution.--Reasonableness; Clarity.

   This regulation does not provide a method for resolving disputes or complaints dealing with escrow funds or the disbursement of such funds. We understand that the Department will use existing procedures based on section 260.9a of the Wage Payment and Collection Law (43 P. S. § 260.9a). Adding a new section on complaint or dispute resolution with a citation to this statute would clarify this regulation.

2.  Section 231.95. Employe incentive account.--Consistency with statute.

Subsection (b)

   For consistency with the Act, the phrase ''no less than'' should be inserted between the phrases ''consisting of'' and ''the difference'' in the first sentence of Subsection (b).

Subsection (f)

   Subsection (f) requires the employer to allow the Department access to records maintained under this section ''within seven days following written or verbal notice.'' Who will give ''written or verbal notice?'' This should be clarified in the final-form regulation.

3.  Section 231.96. Writing required.--Reasonableness; Clarity.

   Subsection (d) states ''The Department will prepare a recommended notification and acknowledgement form . . . (and the Department) will make these forms available on its Internet Web site and through other means.'' The phrase ''other means'' is unclear. The ''other means'' should be listed in the final-form regulation.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-2231. Filed for public inspection December 22, 2000, 9:00 a.m.]


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