NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[30 Pa.B. 6964] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 14, 2000, and took the following actions:
Regulatons Approved:
Insurance Department #11-205: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89).
State Board of Physical Therapy #16A-655: Fees (amends 49 Pa. Code §§ 40.5 and 40.153).
State Board of Accountancy #16A-555: Continuing Education Program Sponsors (amends 49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.69a, 11.70, 11.71, 11.71a and 11.72).
State Board of Barber Examiners #16A-422: Fees (amends 49 Pa. Code § 3.103).
State Board of Examiners of Nursing Home Administrators #16A-623: Continuing Professional Education (amends 49 Pa. Code §§ 39.1, 39.11, 39.14, 39.31--39.65 and 39.72).
State Board of Accountancy #16A-557: Commissions and Referral Fees (amends 49 Pa. Code § 11.24).
Pennsylvania Liquor Control Board #54-55: Corrections and Revisions (amends 40 Pa. Code Chapters 5, 7, 9, 11 and 13).
Environmental Hearing Board #106-05: Practice and Procedure (amends 25 Pa. Code Chapter 1021).
Regulation Disapproved: Not Delivered--Do Not Publish
* Department of Transportation #18-349: Administrative Practice and Procedure; Outdoor Advertising
* Will advise when order is delivered.
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000Insurance Department--Medicare Supplement Insurance Minimum Standards, Regulation No. 11-205
On October 3, 2000, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 89. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On October 31, 2000, the Department withdrew the rulemaking. On November 6, 2000, the Department submitted a revised rulemaking to the Commission.
The Department is amending its regulations to comply with new federal requirements in the Social Security Act, the Balanced Budget Act of 1999 and the Ticket to Work and Work Incentives Improvement Act. Additionally, it conforms to the National Association of Insurance Commissioners revised model regulation. These amendments are mandated by federal law.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000State Board of Physical Therapy--Fees; Regulation No. 16A-655
On March 17, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code §§ 40.5 and 40.153. The proposed regulation was published in the March 27, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2000.
In response to a recent audit, the Board is updating seven fees and adding two new fees to generate revenue to cover the actual costs of the services. One of the fees was reduced. The Board anticipates that approximately 4,750 individuals will utilize these services over the next two-year period. Total additional costs due to the fee increases will be $40,750. Due to the decrease in one fee, the estimated cost reduction for that segment of the regulated community will be $40,250. Only those requesting the enumerated services will be affected.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1308(b)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000State Board of Accountancy--Continuing Education Program Sponsors; Regulation No. 16A-555
On February 7, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Accountancy (Board). This rulemaking amends 49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.69a, 11.70, 11.71, 11.71a and 11.72. The proposed regulation was published in the February 19, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2000.
The rulemaking: requires all previously approved continuing education sponsors to seek reapproval; strengthens procedures for initial program sponsor approval and withdrawal of approval; enlarges the responsibilities of program sponsors to include program development; provides for audits of continuing education programs; provides ''deemed approval status'' to program sponsors registered with the National Association of State Boards of Accountancy; and establishes fees for initial program approval and biennial renewal.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 9.3(10) and 9.6) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000State Board of Barber Examiners--Fees; Regulation No. 16A-422
On October 6, 1999, the Independent Regulatory Review Commission received this proposed regulation from the State Board of Barber Examiners (Board). This rulemaking amends 49 Pa. Code § 3.103. The proposed regulation was published in the October 23, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2000.
The regulation updates and revises six existing fees and creates two new fees to cover costs of services provided by the Board. The Board estimates that 484 people will use these services annually. Of this total, 320 people will pay the reduced fee for licensure of barber, barber shop manager or barber teacher for a savings of $3,200. The Board estimates that the total cost of this regulation, for services with increased fees, will be $3,360.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 564) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000State Board of Examiners of Nursing Home Administrators--Continuing Professional Education; Regulation No. 16A-623
On January 27, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners of Nursing Home Administrators (Board). This rulemaking amends 49 Pa. Code §§ 39.1, 39.11, 39.14, 39.31--39.65, and 39.72. The proposed regulation was published in the February 6, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2000. The regulation was tolled and simultaneously resubmitted on November 8, 2000, to correct references and minor typographical errors.
This regulation clarifies and revises the continuing education requirements for licensees. The Board requires that licensees complete 48 hours of continuing education to qualify for renewal of their licenses every 2 years. The regulation will require that most of the credit hours be in preapproved courses. The Board's records show that 1,930 persons hold active licenses in Pennsylvania.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1104(c) and 1109(b)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
Decemebr 14, 2000State Board of Accountancy--Commissions and Referral Fees; Regulation No. 16A-557
On February 23, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Accountancy (Board). This rulemaking amends 49 Pa. Code § 11.24. The proposed regulation was published in the March 4, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2000.
The regulation establishes the standards and procedures for licensees who receive commissions or accept or pay a referral fee. The requirements include notification to the Board, cooperation with peer reviewers, disclosure to clients, record retention and maintaining in good standing any license or certification with a related governmental or private standard-setting body. The Board estimates that this regulation will have a minimal fiscal impact on the Commonwealth and no impact on local governments. The regulation will impact 19,883 licensed certified public accountants, 432 licensed public accountants and 1,043 licensed public accounting firms.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 9.3(a)(11) and (12) and 9.12(p)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000Pennsylvania Liquor Control Board--Corrections and Revisions; Regulation No. 54-55
On September 17, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code, Chapters 5, 7, 9, 11 and 13. The proposed regulation was published in the October 9, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 31, 2000.
The regulation makes a number of editorial and technical corrections to the Board's existing regulations. The rulemaking is mandated, in part, by Act 155 of 1998, and the federal district court decision in Beer and Pop Warehouse v. Jones.
We have determined this regulation is consistent with the statutory authority of the Pennsylvania Liquor Control Board (47 P. S. § 2-207(i)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
December 14, 2000Environmmental Hearing Board--Practice and Procedure; Regulation No. 106-5
On May 22, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (Board). This rulemaking amends 25 Pa. Code Chapter 1021. The proposed regulation was published in the June 3, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 8, 2000.
These amendments authorize: the Board to refer pro se parties to counsel or other organizations designated to provide pro bono services; the substitution of parties in the case of a person who has succeeded to the interests of a party to an appeal; and the Board to appoint hearing examiners to preside at hearings and to handle other administrative matters during the course of those duties.
This regulation will affect any member of the public who wishes to challenge an action of the Department of Environmental Protection, any person who succeeds the interests of another person who is a party to an action before the Board and the DEP.
We have determined this regulation is consistent with the statutory authority of the Environmental Hearing Board (35 P. S. § 7515(c)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 00-2286. Filed for public inspection December 29, 2000, 9:00 a.m.]
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