[32 Pa.B. 670]
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Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact REVENUE
Employer Returns and Other Withholding Provisions
61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16June 2002, as final. The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld. Douglas A. Berguson
717-787-1382File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program
61 Pa. Code §§ 117.19--117.21June 2002, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program. Douglas A. Berguson
717-787-1382Master Settlement Agreement
61 Pa. Code §§ 71.31--71.33June 2002, as final. On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the ''Master Settlement Agreement,'' with the Commonwealth. On June 22, 2000, Act 54-2000, known as the Tobacco Settlement Agreement Act, was signed into law. Pursuant to Act 54, the Department is proposing a regulation which describes the responsibilities for participating and nonparticipating tobacco product manufacturers and cigarette stamping agents. Douglas A. Berguson
717-787-1382Partial Refunds For Bad Debts
61 Pa. Code §§ 33.3 and 33.5June 2002, as final. This regulation explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts. Douglas A. Berguson
717-787-1382Powerball
61 Pa. Code §§ 871.1--871.20July 2002, as final. This regulation will provide the rules required to implement the Powerball game in this Commonwealth. Douglas A. Berguson
717-787-1382Realty Transfer Tax Amendments
61 Pa. Code, Chapter 91June 2002, as proposed. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas A. Berguson
717-787-1382Small Games of Chance Amendments
61 Pa. Code, Part VIISeptember 2002, as proposed. The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance. Douglas A. Berguson
717-787-1382Supplemental Unemployment Benefit Plan
61 Pa. Code §§ 101.1 and 101.6March 2002, as final. This regulatory amendment will provide an explanation of the meaning and scope of the exclusion from compensation in section 301(d)(vi) of the TRC (72 P. S. § 7301(d)(vi)) for employer or labor union payments for supplemental unemployment programs. The changes will address the tax treatment of programs offered to provide supplemental benefits to employees terminated from service as a result of layoff, workforce reduction, plant closings or other involuntary terminations. Douglas A. Berguson
717-787-1382Support Offset and Other Personal Income Tax Provisions June 2002, as proposed This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas A. Berguson
717-787-1382Termination Pay, Severance Pay and Early Retirement Incentive Programs 61 Pa. Code §§ 101.1 and 101.6 March 2002, as final. This regulatory change will clarify the taxation of termination pay, severance pay, early retirement incentive programs and programs offered by employers to provide benefits to employees in addition to those in qualifying retirement plans upon separation from service. This regulation also interprets section 301(d) of the TRC (72 P. S. § 7301(d)) to mean that Federal insurance benefits paid under the Railroad Retirement Act and guaranteed payments to a partner of a partnership for services to the partnership are excluded from compensation. Douglas A. Berguson
717-787-1382Vending Machines
61 Pa. Code § 31.28March 2002, as final. This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines. Douglas A. Berguson
717-787-1382SECURITIES COMMISSION No regulations being developed or considered at this time. STATE
State Athletic Commission
General Revisions--58 Pa. Code, Chapter 21. (16-17)Winter 2002, as final. The regulation would make comprehensive revisions to reflect statutory changes in the Pennsylvania Athletic Code and changes in Commission procedures. Statutory authority: 5 Pa.C.S. § 101 et seq. Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries
General Revisions--13 Pa. Code, Chapters 201-209. (16A-662)Winter 2002, as final. The regulation would make comprehensive revisions to eliminate obsolete provisions and reflect statutory changes. Statutory authority: 55 P. S. § 31 and 71 P. S. § 670.2(4). L. Lawrence Boyle
(717) 787-6458State Architects Licensure Board--
Examination Fees and Annual Filing Fee for Registered Architecture Firms
49 Pa. Code, Chapter 9. (16A-416)Winter 2002, as proposed. The regulation would eliminate national ARE examination fees; add a section adopting the national board examination; consolidate all examination requirements into one section; and as the result of adoption of the national board examination, delete any provisions related to, among other things, the processing of applications, scores and the conduct of examinations. The regulation also would provide for a filing fee for registered partnerships, professional associations, professional corporations or business corporations, which is permitted under the Architects Licensure Law, but has never been implemented. Statutory authority: Sections 8 and 13(h) of the Law, 63 P. S. §§ 34.8, 34.13(h). Dorna Thorpe
(717) 783-1253State Board of Accountancy
General Revisions--49 Pa. Code, Chapter 11. (16A-559)Winter 2002, as proposed. The regulation would repeal outdated and unnecessary requirements; clarify certain issues relating to examination, certification and practice; and make editorial changes. Statutory authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3(10)--(12). Dorna Thorpe
(717) 783-1253State Board of Auctioneer Examiners
Update of Examination Fees--49 Pa. Code § 1.41. (16A-645)Spring 2002, as proposed. The regulation would update the Board's examination fee. Statutory authority: Section 6(a) of the Act, 63 P. S. § 734.6(a). Michelle Demerice
(717) 783-3399State Board of Barber Examiners
Sanitation/General Revisions--49 Pa. Code, Chapter 3. (16A-424)Winter 2002, as final. The regulation would revise and update the entire chapter and repeal antiquated provisions, particularly with regard to standards for disinfection and sanitation. Statutory authority: Section 15-A.4(b) of the Barber License Law, 63 P. S. § 566.4(b). Sara Sulpizo
(717) 783-1261Deletion of Examination Fees--49 Pa. Code, Chapter 3. (16A-425) Spring 2002, as proposed. The regulation would delete licensing examination fees. Statutory authority: Section 14 of the Law, 63 P. S. § 564. State Board of Certified Real Estate Appraisers--
Experience Options for Certification, Duties of Supervising Appraiser--49 Pa. Code §§ 36.13 and 36.14. (16A-706)Spring 2002, as proposed. The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation is consistent with standards established for state appraiser boards by the federal Appraiser Qualification Board (AQB). Statutory authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2). Cheryl Lyne
(717) 783-7129Standards of Practice--49 Pa. Code § 36.51. (16A-7012) Spring 2002, as proposed The regulation would require all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. Statutory authority: Section 5(2) of the Act, 63 P. S. § 457.5(2). Update of Application and Related Fees--49 Pa. Code § 36.6. (16A-7011) Spring 2002, as final. The regulation would revise the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 9 of the Act, 63 P. S. § 457.9. Broker/Appraiser Continuing Education--49 Pa. Code § 36.41. (Number not yet assigned)
Winter 2002, as final, proposed-omitted. The regulation would establish continuing education requirements for broker/appraisers pursuant to Act 103 of 2000. Statutory authority: Section 10(b) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.10(b). Biennial Renewal Fee--49 Pa. Code §§ 36.6, 36.41, 36.261. (Number not yet assigned) Summer 2002, as proposed The regulation would establish a revised biennial renewal fee for broker/appraisers and other certificate holders of the Board. Statutory authority: Sections 5(6) and 9 of the Real Estate Appraisers Act, 63 P. S. §§ 457.5(6) and 457.9. Act 48-1993 Civil Penalties--49 Pa. Code, Chapter 43b. (Number not yet assigned) Spring 2002, as proposed. The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory authority: Section 5(a) of Act 48-1993, 63 P. S. § 2205(a). State Board of Cosmetology--
Deletion of Examination Fees--49 Pa. Code § 7.2. (16A-4510)Spring 2002, as final. The regulation would amend the Board's fee schedule by deleting references to examination fees, which are determined by contract. Statutory authority: Sections 11 and 16 of the Law, 63 P. S. §§ 517, 522. Sara Sulpizio
(717) 783-1261General Revisions--49 Pa. Code §§ 7.1--7.142. (16A-459) (Includes previous 16A-454 and 16A-457) Spring 2002, as proposed. The regulation would make comprehensive revisions to Chapter 7 to bring existing regulations up-to-date and to clarify requirements for sanitation and the provision of advanced aesthetic services. Statutory authority: Section 11 of the Law, 63 P. S. § 517. Act 48-1993 Civil Penalties--49 Pa. Code, Chapter 43b. Spring 2002, as proposed. The regulation would establish a schedule of Act 48-1993 civil penalties for violations of the Beauty Culture Law and the Board's regulations. Statutory authority: Section 5(a) of the Act, 63 P. S. § 2205(a). State Board of Dentistry--
Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia--49 Pa. Code §§ 33.331--33.344. (16A-4610)Fall 2002, as final. The regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and legislative concerns. Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). Lisa Burns
(717) 787-1762Sexual Misconduct--49 Pa. Code, Chapter 33.
(Number not yet assigned)Summer 2002, as proposed. The regulation would address acts of a sexual nature that the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory authority: Section 3(o) of the Law, 63 P. S. § 122(o). Update of Application Fee for Dental Radiology--49 Pa. Code, Chapter 33. (16A-4611) Spring 2002, as proposed. The regulation would amend the Board's fee schedule to reflect the actual cost incurred by the Board to authorize applicants to perform radiologic services. Statutory authority: Section 3(o) of the Law, 63 P. S. § 122(o). Expanded Function Dental Assistants--49 Pa. Code § 33.103 (Number not yet assigned)-- Spring 2002, as proposed. The regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory authority: Section 3(o) of the Law, 63 P. S. § 122(o). State Board of Examiners of Nursing Home Administrators--
Deletion of Examination Fees--49 Pa. Code § 39.72. (16A-628)Winter 2002, as proposed. This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c). Chris Stuckey
(717) 783-4856Requirements for Admission to Examination--49 Pa. Code § 39.5.(16A-627) Spring 2002, as proposed. The regulation would update and revise the requirements for admission to the licensing examination. Statutory authority: Section 4(c) of the Act, 63 P. S. § 1104(c). State Board of Examiners in Speech-Language and Hearing--
Continuing Education--49 Pa. Code, Chapter 45.
(Number not yet assigned)Spring 2002, as proposed. The regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7). Clara Flinchum
(717) 783-1389Assistant Regulations--49 Pa. Code §§ 45.301-308. (16A-6801) Spring 2002, as proposed. The regulation would update provisions pertaining to assistants. Statutory authority: Section 5(8) of the Act, 63 P. S. § 1705(8). Act 48 of 1993 Civil Penalties--49 Pa. Code § Chapter 43b. (16-29) Spring 2002, as proposed. The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(2) of the Act, 63 P. S. § 1705(2). State Board of Funeral Directors--
Update of Application/ Certification/Verification/ Reinsertion Fees--49 Pa. Code § 13.12. (16A-482)Winter 2002, as final. The regulation would revise the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 18.1 of the Funeral Director Law, 63 P. S. § 479.18.1. Cheryl Lyne
(717) 783-7129Unprofessional Conduct--49 Pa. Code § 13.201, 202. (16A-483) Spring 2002, as proposed. The regulation would add to the Board's standards of practice and conduct. Statutory authority: Section 16(a) of the Law, 63 P. S. § 479.16(a). General Regulation Update--49 Pa. Code § 13.1 et seq.
--Advertising (16A-484)
--Application (16A-485)
--Facility (16A-486)
--Qualifications (16A-487)
--Supervisor (16A-488)
Spring 2002, as proposed. The regulation would update provisions relating to advertising, applications, facilities, qualifications, and supervisors. Statutory authority: Section 16(a) of the Law, 63 P. S. § 479.16(a). Continuing Education--49 Pa. Code, Chapter 13. (16A-489) Winter 2002, as proposed. The regulation would implement Act 48 of 2000, which required the Board to promulgate regulations related to continuing education requirements. Statutory authority: 63 P. S. § 479.10(b). Limited License--49 Pa. Code §§ 13.1, 13.12, and 13.77. (16A-4810) Spring 2002, as proposed. The regulation would implement Act 48 of 2000, which authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: 63 P. S. § 479.9(c). State Board of Landscape Architects--
Establishment of Examination Fees--49 Pa. Code § 15.12. (16A-616)Spring 2002, as proposed. The regulation would establish a new examination fee. Statutory authority: 63 P. S. § 904(2). Shirley Klinger
(717) 783-4865General Revisions--49 Pa. Code, Chapter 15. (Number not yet assigned) Summer 2002, as proposed The regulation would entail general revisions of the Board's current regulations. Statutory authority: 63 P. S. § 904(9). State Board of Medicine--
General Delegation--49 Pa. Code, Chapter 16. (16A-4912)Summer 2002, as final. The regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b). Cindy Warner
(717) 787-7768Update of Fees--49 Pa. Code §§ 16.13, 16.17, 18.303. (16A-4910) Winter 2002, as final. The regulation would revise the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 6 of the Act, 63 P. S. § 422.6. Sexual Misconduct--49 Pa. Code, Chapter 16. (16A-497) Summer 2002, as final. The regulation would address acts of a sexual nature that the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory authority: Section 8 of the Act, 63 P. S. § 422.8. State Board of Nursing--
RN General Revisions--49 Pa. Code §§ 21.1--21.126. (16A-516)Spring 2002, as final. The regulation would update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). Ann Steffanic (717) 783-7143 LPN General Revisions--49 Pa. Code §§ 21.141--21.234. (16A-519) Spring 2002, as proposed. The regulation would update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Statutory authority: 63 P. S. § 667.6. Conscious Sedation--49 Pa. Code § 21.14. (16A-5114) Spring 2002, as proposed. The regulation would embody the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Statutory authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k). Oral Orders--49 Pa. Code §§ 21.14; 21.145. (16A-5115) Summer 2002, as final. This regulation would delete the prohibition on LPNs accepting oral orders in other than urgent circumstances. Statutory authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k), and Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6. CRNP Programs--49 Pa. Code §§ 21.260-278, 286-289. 16A-5119 Spring 2002, as proposed. The regulation would establish requirements for CRNP education programs approved by the Board. Statutory authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k). Update of CRNP Prescriptive Authority Fees--49 Pa. Code § 21.253. (16A-5116) Spring 2002, as proposed. This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory authority: Section 11.2 of the Law, 63 P. S. § 221.2. CRNP Prescriptive Authority Continuing Education--49 Pa. Code § 21.253. (16A-5117) Winter 2002, as proposed. The regulation would address continuing education requirements associated with the prescriptive authority of CRNPs. Statutory authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k). Act 48 of 1993 Civil Penalties--49 Pa. Code, Chapter 43b. (16-29) Spring 2002, as proposed. The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Professional Nursing Law. Statutory authority: 63 P. S. §§ 225.4 and 664(4). State Board of Occupational Therapy Education and Licensure--
Act 48 of 1993 Civil Penalties--49 Pa. Code, Chapter 43b. (16-29)Spring 2002, as proposed. The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Occupational Therapy Practice Act and the Board's regulations. Statutory authority: 63 P. S. § 1505(b). Lisa Burns
(717) 783-4853State Board of Optometry--
General Revisions--49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)Spring 2002, as proposed. The regulation would make general revisions to current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14). Deb Smith
(717) 783-4860Continuing Education--49 Pa. Code, §§ 23.82, 23.83, 23.87. (16A-529) Spring 2002, as proposed. This regulation would amend the continuing education requirements of licensees. Statutory authority: Section 3(b)(12) and Section 4.1(b) of the Act, 63 P. S. §§ 244.3(b)(12), 244.4a.(b). State Board of Osteopathic Medicine Sexual Misconduct--49 Pa. Code, Chapter 25. (16A-539) Winter 2002, as proposed. The regulation would address acts of a sexual nature that the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16. Gina Bittner
(717) 783-2440State Board of Pharmacy--
Reference Library and Facsimile Machines--49 Pa. Code, Chapter 27. (16A-549)Winter 2002, as final. The proposal would amend pharmacy reference library requirements to reflect contemporary pharmaceutical practices and facsimile machine requirements to be consistent with recent changes in Federal law. Statutory authority: Sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9). Melanie Zimmerman
(717) 783-4853Technology Regulations--49 Pa. Code, Chapter 27. (Number not yet assigned.) Spring 2002, as proposed. The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory authority: Sections 4(j) and 6(k)(1) and (9) of the Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9). State Board of Physical Therapy--
Physical Therapists--49 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21--40.24. (16A-659)Spring 2002, as proposed. The regulation would correct and revise existing regulations regarding physical therapists. Statutory authority: Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a). Bob Kline
(717) 783-4861Sexual Misconduct--49 Pa. Code, Chapter 40. (16A-656) Winter 2002, as final. The regulation would address acts of a sexual nature that the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory authority: Sections 3, 5 and 10.2 of the Act, 63 P. S. §§ 1303, 1305 and 1310.2. Deletion of Examination Fees--49 Pa. Code § 40.5. (16A-658) Winter 2002, as final. This regulation would delete licensing examination fees. Statutory authority: Section 8 of the Act, 63 P. S. § 1308. State Board of Podiatry--
Update of Application Fees and Deletion of Examination Fees--49 Pa. Code, Chapter 29. (16A-444)Winter 2002, as final. This regulation would apportion costs of providing Board services to specific applicants and licensees and eliminates references to examination fees. Statutory authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15. Gina Bittner
(717) 783-2440Update of Biennial Renewal Fees--49 Pa. Code, Chapter 29. (16A-445) Winter 2002, as proposed. The regulation would increase the biennial license renewal from $175 to $395. Section 14(a) of the Act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a two-year period. Section 14(b) of the Act requires the Board to increase fees by regulation in the amount that adequate revenues are raised to meet the required enforcement efforts, when the fees established by the Board are inadequate to meet the minimum enforcement efforts required by the Act. Statutory authority: Sections 14(a) and (b) of the Act, 63 P. S. §§ 42.14(a), (b). Continuing Education--49 Pa. Code, Chapter 29. (16A-446) Spring 2002, as proposed. The regulation would amend the current continuing education provision at 49 Pa. Code § 29.61 to include pre-approved course providers. Statutory authority: Section 9 and 9.1 of the Act, 63 P. S. §§ 42.9 and 42.9a. Sexual Misconduct--49 Pa. Code, Chapter 29. (Number not yet assigned) Summer 2002, as proposed. The regulation would address acts of a sexual nature that the Board deems unprofessional when occurring during or resulting from a professional relationship. Statutory authority: 63 P. S. § 42.1 State Board of Psychology--
Ethics Amendment--49 Pa. Code § 41.59(b). (16A-639)Spring 2002, as final. The regulation would amend the Board's continuing education regulations at Section 41.59(b) by clarifying that licensees must take ethics each biennial period and that extra ethics credits may only be counted toward the total needed rather than the ethics requirement for a future biennial period. Statutory authority: Section 3.2 of the Professional Psychologists Act, 63 P. S. § 1203.2(2). Chris Stuckey
(717) 783-4856Computerized Examination--49 Pa. Code §§ 41.41, 41.42. (16A-6310) Summer 2002, as proposed. The regulation would update current provisions to reflect changes associated with the computerization of the national and state examinations. Statutory authority: Section 3.2 of the Act, 63 P. S. § 1203.2(2). Deletion of Examination Fees--49 Pa. Code § 41.12. (16A-6311) Winter 2002, as final. This regulation would delete licensing examination fees in Section 41.12. Statutory authority: Sections 3.2(1) and 3.2(3)(d) of the Act, 63 P. S. §§ 1203.2(1), 1203.3(d). Ethics Principles--49 Pa. Code § 41.61. (Number not yet assigned) Spring 2002, as proposed. The regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: 63 P. S. § 1203.2(2). Doctoral Degrees in Psychology--49 Pa. Code § 41.31. (16A-6313) Summer 2002, as proposed The regulation would address accreditation requirements for doctoral degrees in fields related to psychology. Statutory authority: 63 P. S. §§ 1203.2(1) and 1206(a)(2)(ii). State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--
Licensure Regulations--49 Pa. Code, Chapter 47. (16A-694)Winter 2002, as final. The regulation would add Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors as new licensure classes. Statutory authority: Sections 1 to 20.2 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. §§ 1901-- 1920.2. Clara Flinchum
(717) 783-2454Update of Existing Fees and Establishment of Fees for New Licensure Classes--49 Pa. Code, Chapter 47. (16A-695) Spring 2002, as final. The regulation would update the schedule of fees for Licensed Social Workers and Continuing Education providers and establishes fees for Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors. Statutory authority: Section 18(c) of the Act, 63 P. S. § 1918(c). State Board of Vehicle Manufacturers, Dealers and Salespersons--
Consignment Sales--49 49 Pa. Code § 19.19. (16A-601)Winter 2002, as proposed. The regulation would set forth the standards by which dealers may engage in consignment sales. Statutory authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9). Teresa Woodall
(717) 782-8377General Revisions--49 Pa. Code § 19.1 et seq. (16A-602) Winter 2002, as final. The regulation would update the Board's regulations consistent with the 1996 amendments to the Act. Statutory authority: Section 4(9) of the Act, 63 P. S. § 818.4(9). Auction License--49 Pa. Code § 19.21. (16A-603) Winter 2002, as proposed. The regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Act. Statutory authority: Section 4(9) of the Act, 63 P. S. § 818.4(9). Display Requirements--49 Pa. Code § 19.18. (16A-604) Winter 2002, as proposed. The regulation would create an exception in the Board's regulations to permit a vehicle dealer to display up to five vehicles in a non-conforming area so long as the public is not permitted to enter the non-conforming area. Statutory authority: Section 4(9) of the Act, 63 P. S. § 818.4(9). Unlicensed Locations--49 Pa. Code § 19.18. (16A-605) Winter 2002, as proposed. The regulation would define the term ''display'' as used in the Act to be consistent with the Commonwealth Court's holding in Spankey's Auto Sales, 773 A.2d 206 (Pa. Commw. Ct. 2001), permitting vehicle dealers to (1) display a single vehicle, or series of single vehicles, at an unlicensed location if no sales activity is occurring at that location and (2) store vehicles at an unlicensed location if no sales activity is occurring at that location. Statutory authority: Sections 2, 4(4) and (9), and 5(e) of the Act, 63 P. S. §§ 818.2, 818.4(4), 818.4(9), 818.5(e). Act 48 of 1993 Civil Penalties--49 Pa. Code, Chapter 43b. (16-29) Spring 2002, as proposed. The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
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