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PA Bulletin, Doc. No. 04-1632

RULES AND REGULATIONS

STATE REAL ESTATE COMMISSION

[49 PA. CODE CH. 35]

Deletion of Examination Fees

[34 Pa.B. 4883]

   The State Real Estate Commission (Commission) amends Chapter 35 to read as set forth in Annex A. The final-form rulemaking deletes references to examination fees determined by contract and charged by a professional testing organization from the schedule of fees in § 35.203 (relating to fees) and examination provisions in §§ 35.271--35.275.

Statutory Authority

   Section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) sets forth the powers and duties of the Commission with regard to the administration of examinations.

Response to Public Comments and Regulatory Review and Amendments in Final-Form Rulemaking

   Notice of the proposed rulemaking was published at 34 Pa.B. 61 (January 3, 2004). Publication was followed by a 30-day public comment period during which the Commission received comment from the Pennsylvania Association of Realtors supporting the proposed rulemaking. The House Professional Licensure Committee (HPLC), the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the Independent Regulatory Review Commission (IRRC) did not comment.

   No changes have been made to the final-form rulemaking. The licensing examination fee of $45 has been removed from § 35.203. References to the fees prescribed in § 35.203 for the licensing examination have been removed from §§ 35.271--35.275.

Fiscal Impact and Paperwork Requirements

   The final-form rulemaking has no fiscal impact on the Commonwealth, its political subdivisions or the public, that is, the regulated community. The final-form rulemaking does not affect the legal, accounting, reporting or other paperwork requirements of the regulated community. The examination fees are set by and paid directly to the third-party testing vendor.

Sunset Date

   The Commission continually monitors the effectiveness of its regulations through communication with the regulated population. Accordingly, no sunset date has been set.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 3, 2004, the Board submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 61, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 30, 2004, the final-form rulemaking was approved by the HPLC. On July 28, 2004, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective July 28, 2004.

Contact Person

   Further information can be obtained by contacting Deborah Sopko, Administrative Assistant, State Real Estate Commission, P. O. Box 2649, Harrisburg, PA 17105-2649, www.dos.state.pa.us/bpoa.

Findings

   The Commission 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, 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)  This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.

Order

   The Commission, acting under its authorizing statutes, orders that:

   (a)  The regulations of the Commission, 49 Pa. Code Chapter 35, are amended by amending §§ 35.203 and 35.271--35.275 to read as set forth at 34 Pa.B. 61.

   (b)  The Commission shall submit this order and 34 Pa.B. 61 to the Office of General Counsel and the Office of Attorney General as required by law.

   (c)  The Commission shall certify this order and 34 Pa.B. 61 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect on publication in the Pennsylvania Bulletin.

JOSEPH J. MCGETTIGAN,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 4528 (August 14, 2004).)

   Fiscal Note: Fiscal Note 16A-569 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 04-1632. Filed for public inspection September 3, 2004, 9:00 a.m.]


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