NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[34 Pa.B. 2027] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, March 25, 2004, and announced the following:
Regulations Approved
Department of Agriculture #2-138: Agricultural Area Security Program; Agricultural Conservation Easement Purchase Program; Agricultural Security Area Program (amends 7 Pa. Code Chapters 138, 138e and 138l)
State Board of Education #6-287: Special Education Services and Programs (amends 22 Pa. Code Chapter 14)
Approval Order Public Meeting held
March 25, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Agriculture--Agricultural Area Security Program; Agricultural Conservation Easement Purchase Program; Agricultural Security Area Program; Regulation No. 2-138
On January 29, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapters 138, 138e and 138l. 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 February 13, 2004.
This regulation updates provisions relating to the Agricultural Area Security Law to implement numerous statutory revisions including Act 14 of 2001. The Department is also codifying procedures it has been using to administer the agricultural area security program and the agricultural conservation easement program.
We have determined this regulation is consistent with the statutory authority of the Department (3 P. S. § 915) 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
March 25, 2004Commissioners Voting: Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Education--Special Education Services and Programs; Regulation No. 6-287
On August 18, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 14. The proposed regulation was published in the August 30, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 13, 2004.
By promulgating this regulation, the Board is bringing its special education regulations into compliance with the federal regulations established by the United States Department of Education's Office of Special Education Programs. The final-form regulation bars a local education agency from initiating due process hearings when parents have not consented to the initiation of special education services for their children.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 13-1372(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.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 04-629. Filed for public inspection April 9, 2004, 9:00 a.m.]
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