RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Application Fees
[32 Pa.B. 423] The State Board of Funeral Directors (Board) adopts an amendment to § 13.12 (relating to fees) to read as set forth in Annex A.
Notice of proposed rulemaking was published at 31 Pa.B. 1468 (March 17, 2001). Publication was followed by a 30-day public comment period during which the Board received no comments from the general public. Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC) and from the House Professional Licensure Committee (HPLC). The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
This final-form rulemaking is authorized under section 18.1 of the Funeral Director Law (act) (63 P. S. § 479.18.1).
Response to HPLC and IRRC Comments
The HPLC and IRRC both commented that the proposed amendment did not list a fee for ''preceptor registration or change,'' though this service and its cost are included in the supporting materials provided by the Board. The Board has not previously charged a fee for this service. In light of the analysis performed to support this nonrenewal fee package, the Board intended to begin charging this fee. The omission of this fee from the proposed rulemaking was an inadvertent oversight. The Board has added the fee for ''initial registration as preceptor or change'' as set forth in Annex A.
Additionally, both the HPLC and IRRC commented that the service ''address change without inspection'' should be clarified, because the fee is also charged for other services. The Board has renamed the former ''address change without reinspection'' as ''change director or name on existing license without reinspection.''
Compliance with Executive Order 1996-1
The Board reviewed the final-form rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1. The final-form amendment addresses a compelling public interest as described in this preamble and otherwise complies with Executive Order 1996-1.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The final-form rulemaking will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 26, 2001, the Board submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 1468 to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
In addition to submitting the proposed rulemaking, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' In preparing the final-form rulemaking, the Board has considered the comments received from IRRC and the Committees.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on December 11, 2001, the final-form rulemaking was approved by the HPLC. The final-form rulemaking was deemed approved by the SCP/PLC on December 17, 2001. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 20, 2001, and approved the final-form rulemaking.
Further Information
Individuals who need information about the final-form rulemaking was may contact the Board Administrator, State Board of Funeral Directors, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397.
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 final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 31 Pa.B. 1468.
(4) The final-form rulemaking is necessary and appropriate for administration and enforcement of the Board's authorizing statute.
Order
The Board, acting under its authorizing statutes, orders that:
(1) The regulations of the Board, 49 Pa. Code Chapter 13, are amended by amending § 13.12 to read as set forth in Annex A.
(2) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(3) The Board shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(4) The amendment shall take effect immediately upon publication in the Pennsylvania Bulletin.
JAMES O. PINKERTON, FD,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 123 (January 5, 2002).)
Fiscal Note: Fiscal Note 16A-482 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 13. STATE BOARD OF
FUNERAL DIRECTORS LICENSURE§ 13.12. Fees.
Following is the schedule of fees charged by the Board:
Initial registration for student trainee $25 Annual registration for student trainee $15 Initial registration for resident intern $25 Initial registration for preceptor or change $25 Initial license for funeral director $25 Initial license for restricted business corporation,
professional corporation, partnership or shared
funeral establishment$150 Initial license for estate or widow, sole
proprietorship or branch office$125 Initial registration for supervisor $25 Change director or name on existing license
without reinspection$35 Address change with inspection $125 Reinspection after failure $85 Certification $25 Verification of licensure or registration $15 Biennial renewal $130
[Pa.B. Doc. No. 02-135. Filed for public inspection January 25, 2002, 9:00 a.m.]
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