RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF AUCTIONEER EXAMINERS
[49 PA. CODE CH. 1]
Application Fees
[31 Pa.B. 6941] The State Board of Auctioneer Examiners (Board) amends § 1.41 (relating to schedule of fees) to read as set forth in Annex A.
A. Effective date.
The amendment will take effect when published as final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority.
Section 6(a) of the Auctioneer and Auction Licensing Act (63 P. S. § 734.6(a)) requires the Board to establish fees by regulation. The same provision requires the Board to increase fees to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2 year period.
C. Background and Purpose.
Expenses of the Board which are related to processing individual applications or providing certain services directly to individual licensees or applicants are funded through fees which are based on the cost of providing the service. The fee is charged to the person requesting the service.
A recent systems audit within the Bureau of Professional and Occupational Affairs determined that the application and service fees did not accurately reflect the actual cost of processing the applications and performing the services. A detailed explanation of the background of these fees as well as a description of the fees was published at 30 Pa.B. 2264 (May 6, 2000).
D. Comment and Regulatory Review of Proposed Rulemaking
Following publication of proposed rulemaking at 30 Pa.B. 2264, the Board did not receive comments from the general public. The House Professional Licensure Committee voted to take no action on the regulation until it was submitted in final-form. The Board received no comments from the Independent Regulatory Review Commission (IRRC) or the Senate Consumer Protection and Professional Licensure Committee.
E. Fiscal Impact and Paperwork Requirements
The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a very modest fiscal impact on those members of the private sector who apply for services from the Board. The amendment will not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 20, 2001, the Board submitted a copy of the notice of proposed rulemaking published at 30 Pa.B. 2264 to IRRC and to the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Board has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 26, 2001, this final-form rulemaking was deemed approved by the House and Senate Committees. The final-form rulemaking was deemed approved by IRRC under section 5(g) of the Regulatory Review Act, effective October 26, 2001.
H. Contact Person
Further information may be obtained by contacting Michelle DeMerice, Administrative Assistant, State Board of Auctioneer Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendment does not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 2264.
(4) The amendment is necessary and appropriate for administration and enforcement of the authorizing acts identified in Part B of this preamble.
J. Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 1, are amended by amending § 1.41 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
RALPH M. STEWART,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 6358 (November 17, 2001).)
Fiscal Note: Fiscal Note 16A-644 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 1. STATE BOARD OF
AUCTIONEER EXAMINERS
FEES § 1.41. Schedule of fees.
Applicants shall pay the following fees:
Examination fee for auctioneer license $87 Application fee for auctioneer license $50 Biennial renewal fee for auctioneer license $200 Application fee for apprentice auctioneer license $30 Biennial renewal fee for apprentice auctioneer $100 Application fee for auction house and auction
company$200 Special license to conduct auction $200 Application fee to approve course $45 Application fee to change sponsor $15 Application fee to change auction house or auction
company license$15 Nonresident exam eligibility review $25 Certification of scores, permit or registration $25 Verification of license, registration, permit or
approval$15
[Pa.B. Doc. No. 01-2273. Filed for public inspection December 21, 2001, 9:00 a.m.]
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