NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 5582] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 24, 2002, and took the following actions:
Actions Taken--Regulations Approved:
State Board of Barber Examiners #16A-424: Standards for Disinfection and Sanitation (amends 49 Pa. Code Chapter 3)
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-695: Fees (amends 49 Pa. Code Chapters 47--49)
State Board of Psychology #16A-6310: Computerized Examinations (49 Pa. Code Chapter 41)
Insurance Department #11-184: Policies and Forms; General Filing Requirements and General Contents of Forms (amends 31 Pa. Code Chapter 89 and adds provisions to 31 Pa. Code Chapter 89a)
Pennsylvania Public Utility Commission #57-225: Street Railway Transportation (amends 52 Pa. Code Chapter 35)
Environmental Hearing Board #106-7: Practice and Procedure (amends 25 Pa. Code Chapter 1021)
Department of Labor and Industry #12-61: Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board and the Workers' Compensation Judges (amends 34 Pa. Code Chapters 111 and 131)
Department of Public Welfare #14-476: Outpatient Drug and Alcohol Clinic Services (amends 55 Pa. Code Chapter 1223)
Insurance Department #11-212: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89)
Department of Conservation and Natural Resources #7B-3: State Parks; General Provisions (amends 17 Pa. Code Chapter 11)
Department of Revenue #15-421: Cash 5, Super 6 Lotto and Powerball (amends 61 Pa. Code Chapters 816, 870 and 871)
Pennsylvania Liquor Control Board #54-58: Chapter 9. Transportation, Importation, Disposition and Storage (amends 40 Pa. Code Chapter 9)
Department of Labor and Industry #12-56: Reasonable Assurance (amends 34 Pa. Code by adding § 65.161)
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
State Board of Barber Examiners--Standards for Disinfection and Sanitation; Regulation No. 16A-424
On May 14, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Barber Examiners (Board). This rulemaking amends 49 Pa. Code Chapter 3. The proposed regulation was published in the May 26, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2002.
This rulemaking updates and implements standards for disinfection and sanitation that reflect current knowledge and practices for preventing the spread of pathogens in barber shops and barber schools. The rulemaking also revises other provisions related to equipment, barber curriculum, licensure examination and unlicensed personnel.
We have determined this regulation is consistent with the statutory authority of the State Board of Barber Examiners (63 P. S. § 566.4(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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Fees; Regulation No. 16A-695
On August 9, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapters 47, 48 and 49. The proposed regulation was published in the August 25, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2002.
The Board is: adding licensure fees for Clinical Social Workers, Marriage and Family Therapists, and Professional Counselors; increasing fees to cover the Board's costs associated with licensure applications for social workers and applications for approval as a provider of a continuing education course or program; and applying the general provisions in Chapter 47 (relating to Social Workers) to Chapter 48 (relating to Marriage and Family Therapists) and to Chapter 49 (relating to Professional Counselors).
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1906(2)) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
State Board of Psychology--Computerized Examinations; Regulation No. 16A-6310
On November 14, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Chapter 41. The proposed regulation was published in the December 1, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2002.
The Board is amending its regulations because the national portion of the licensure examination is now administered by computer and is available more frequently. Under the statute (63 P. S. § 1206(c)), if a person fails an examination, they cannot take a second examination until after ''the expiration of six months and within two years.'' The final regulation reflects the statutory restrictions to retake examinations and adds clarification to the various fees charged to retake the examination.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1203.2(1)) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Insurance Department--Policies and Forms; General Filing Requirements and General Contents of Forms; Regulation No. 11-184
On August 23, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 89 and adds provisions to 31 Pa. Code Chapter 89a. The proposed regulation was published in the September 2, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 27, 2002.
The Department is establishing requirements for the content and filing of life insurance and annuities, accident and health insurance and property and casualty insurance form filings. Provisions are also added to allow for electronic filing of annuities and property and casualty insurance forms.
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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Pennsylvania Public Utility Commission--Street Railway Transportation; Regulation No. 57-225
On January 24, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 35. The proposed regulation was published in the February 9, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2002.
This final-form regulation from the PUC deletes existing regulations that deal with street railway transportation. These regulations govern private companies providing street railway service. Currently, there are only two entities, the Southeastern Pennsylvania Transportation Authority (SEPTA) and the Port Authority of Allegheny County (PAAC), that provide such services. As both SEPTA and PAAC are public entities, they do not fall under the jurisdiction of the PUC.
We have determined this regulation is consistent with the statutory authority of the Commission (66 Pa. C.S. § 501) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Environmental Hearing Board--Practice and Procedure; Regulation No. 106-7
On April 10, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (Board). This rulemaking amends 25 Pa. Code 1021. The proposed regulation was published in the April 20, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 26, 2002.
This regulation modifies provisions of the Board's rules of practice and procedure. These modifications include: amending the definition of ''pleading''; a provision for signing documents filed with the Board; adding a provision for complaints filed against the Department; including timelines for discovery and termination of proceedings; and making miscellaneous corrections.
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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by Phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Department of Labor and Industry--Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board and the Workers' Compensation Judges; Regulation No. 12-61
On March 7, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapters 111 and 131. The proposed regulation was published in the March 23, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 24, 2002.
This regulation clarifies and provides detailed guidance for practice and procedure before workers' compensation judges and the Workers' Compensation Appeals Board. The regulation addresses changes made in practice and law since the last time these rules were updated in 1991.
We have determined this regulation is consistent with the statutory authority of the Department (77 §§ P. S. 710, 991(a) and (c) and 1514 and 71 § P. S. 565) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Department of Public Welfare--Outpatient Drug and Alcohol Clinic Services; Regulation No. 14-476
On September 12, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 1223. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation eliminates the requirement that an outpatient drug and alcohol clinic's supervisory physician to perform a comprehensive medical exam on a patient within fifteen days following intake and before the provision of treatment. This revision provides Medical Assistance recipients access to drug and alcohol treatment prior to a comprehensive medical examination. Approved standards of clinical necessity for Medical Assistance patients will now be enforced. This regulation is a result of changes made to regulations promulgated by the Department of Health.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 443.3(1)) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Insurance Department--Medicare Supplement Insurance Minimum Standards; Regulation No. 11-212
On September 13, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 89. On October 2, 2002, the Commission received a request from the Department to toll consideration of this final-omitted regulation to correct three drafting errors and clarify a reference to a Federal agency. On October 10, 2002, the Department submitted its revisions to the final-omitted regulation to the Commission. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Department is amending its regulations to comply with Federal requirements in the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2000. The amendments conform to the National Association of Insurance Commissioners revised model regulation. Federal law mandates these amendments.
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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Department of Conservation and Natural Resources--State Parks; General Provisions; Regulation No. 7B-3
On March 13, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Conservation and Natural Resources (Department). This rulemaking amends 17 Pa. Code Chapter 11. The proposed regulation was published in the March 23, 2002, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 20, 2002.
The regulation is a comprehensive update, reorganization and streamlining of existing provisions for State parks. In 2001, the Department reports that 36 to 38 million visitors entered the State parks. The fiscal impact of this regulation on the Commonwealth, local governments and State park visitors will be minimal.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 1340.313) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Department of Revenue--Cash 5, Super 6 Lotto and Powerball; Regulation No. 15-421
On September 9, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 816, 870 and 871. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation prohibits cancellation or voiding of Cash 5 and Super 6 Lotto tickets once printed by the lottery terminal; lowers the minimum jackpot from $3 million to $500,000 for the Super 6 Lotto game; and shortens public notice from 90 days to 30 days for changes to the Powerball game.
We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. § 3761-303(a)) 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Pennsylvania Liquor Control Board--Chapter 9. Transportation, Importation, Disposition and Storage; Regulation No. 54-58
On October 3, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapter 9. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation amends existing regulations to allow Board-licensed transporters-for-hire to enter into agreements with non-licensed contractors. The regulation also eliminates a provision that requires notification to the Board when a vehicle used for the transportation of alcohol is taken out of service or sold.
We have determined this regulation is consistent with the statutory authority of the 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.
____
Approval Order Public Meeting held
October 24, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Department of Labor and Industry--Reasonable Assurance; Regulation No. 12-56
On March 8, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code by adding Section 65.161. The proposed regulation was published in the March 24, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 27, 2002.
This regulation establishes criteria for determining the eligibility of employees of educational institutions for unemployment compensation benefits. This revision will bring the Department's unemployment compensation eligibility criteria into conformity with the United States Department of Labor requirements under section 3304(a)(6)(A) of the Federal Unemployment Tax Act (26 U.S.C. § 3304(a)(6)(A)).
We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. § 761(a)) 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. 02-2019. Filed for public inspection November 8, 2002, 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.
