PROPOSED RULEMAKING
STATE BOARD OF AUCTIONEER EXAMINERS
[49 PA. CODE CH. 1]
Examination Fees
[33 Pa.B. 4685] The State Board of Auctioneer Examiners (Board) proposes to amend §§ 1.23 and 1.41 (relating to auctioneer licensure examination; and schedule of fees) to read as set forth in Annex A. The proposed rulemaking deletes references to the fees charged by testing organizations from the schedule of fees for the examination for auctioneers and directs applicants for examination to apply and pay fees directly to the professional testing organization.
Effective Date
The proposed rulemaking is effective on final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 812.1 of The Administrative Code of 1929 (code) (71 P. S. § 279.3a) and sections 5 and 6 of the Auctioneer and Auction Licensing Act (63 P. S. §§ 734.5 and 734.6) set forth the powers and duties of the Board with regard to the administration of examinations.
Background and Need for the Proposed Rulemaking
Provision and Submission of Applications for Examination
The proposed amendment to § 1.23 reflects that applicants shall apply to the professional testing organization, not the Board, to take the examination. The professional testing organization determines a candidate's eligibility to take the exam and administers the examination to eligible candidates. Section 812.1 of the code requires that the auctioneer licensing examination be prepared and administered by a professional testing organization. This proposed rulemaking clears confusion that may result from the existing regulation which directs candidates to apply to the Board to be tested.
Elimination of References to Examination Fees
The proposed amendment to § 1.41 deletes the reference to the fee for the examination for auctioneers. This fee is set by the professional testing organization, not by the Board. To avoid the necessity of amending the regulation whenever the professional testing organization changes the fee, the Board proposes to delete the reference to the examination fee.
Description of Proposed Rulemaking
The proposed rulemaking deletes references to the fee for the licensing examination. The fee is set by the professional testing organization. The proposed rulemaking also clarifies that examination applicants apply directly to the professional testing organization and not to the Board.
Fiscal Impact
The proposed rulemaking will have no fiscal impact on the Board or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will avoid preparation of new regulations each time that an examination fee is changed and should not create additional paperwork for the private sector.
Sunset Date
The Board monitors its regulations on a continuing basis. 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 September 9, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Tammy Radel, Administrator, State Board of Auctioneer Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
RALPH M. STEWART,
ChairpersonFiscal Note: 16A-647. No fiscal impact; (8) recommends adoption.
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
LICENSURE § 1.23. Auctioneer licensure examination.
(a) The Board will [schedule] have a professional testing organization conduct the auctioneer licensure examination at least two times each year.
(b) The applicant for auctioneer's license shall apply to the professional testing organization designated by the Board for admission to the licensure examination and pay the fee directly to that organization.
* * * * *
FEES § 1.41. Schedule of fees.
Applicants shall pay the following fees:
[Examination fee for auctioneer license . . . $87]
* * * * *
[Pa.B. Doc. No. 03-1841. Filed for public inspection September 19, 2003, 9:00 a.m.]
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