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PA Bulletin, Doc. No. 05-443

RULES AND REGULATIONS

Title 4--ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

[4 PA. CODE CH. 65]

State Art Commission

[35 Pa.B. 1663]

   The Department of General Services (Department) acting under sections 506 and 2402.2 of The Administrative Code of 1929 (71 P. S. §§ 186 and 631.1), section 6(e) of the Sunset Act (71 P. S. § 1795.6(e)) and section 201 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201), known as the Commonwealth Documents Law (CDL), rescinds Chapter 65 (relating to State Art Commission).

Purpose

   The State Art Commission (Commission) was terminated by section 6(e) of the Sunset Act (expired). The chapter set out the criteria the Commission used in reviewing construction projects. It further set out those submittals which must be made to the Commission. Since the Commission was sunsetted it no longer meets.

   Notice of proposed rulemaking was published at 32 Pa. B. 5278 (October 26, 2002). Publication was followed by a 30-day public comment period during which the Department did not receive any comments. The Senate State Government Committee, the House State Government Committee and the Independent Regulatory Review Commission (IRRC) also had no comments.

Fiscal Impact

   There will be no fiscal impact. With the sunset of the Commission in 1987, this chapter is obsolete.

Paperwork Requirements

   The final-form rulemaking will impose no new or different paperwork requirements.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 9, 2002, the Department submitted a copy of this proposed rulemaking to IRRC and the Chairpersons of the House and Senate Committees.

   The final-form rulemaking was included on the agenda for consideration at the IRRC meeting on November 30, 2004. Under the Regulatory Review Act, the final-form rulemaking was deemed approved by the House and Senate Committees on November 29, 2004. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective February 9, 2005.

Effective Date

   This final-form rulemaking is effective as of publication in the Pennsylvania Bulletin.

Additional Information

   Individuals who need information about the final-form rulemaking should contact Mary Benefield Seiverlng, Senior Counsel, Department of General Services, Office of Chief Counsel, 603 North Office Building, Harrisburg, PA 17125.

Findings

   The Department finds that:

   (1)  Public notice of intention to promulgate administrative regulations amended by this order has been given under sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The final-form rulemaking adopted by this order is necessary and appropriate for the performance of the Department's duties under The Administrative Code of 1929.

Order

   The Department, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 4 Pa. Code Chapter 65, are amended by deleting §§ 65.1--65.6 to read as set forth in Annex A.

   (b)  The Secretary shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.

   (c)  The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

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

DONALD T. CUNNINGHAM, JR.,   
Secretary

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 35 Pa.B. 1487 (February 26, 2005).)

   Fiscal Note: 8-2. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART III. DEPARTMENT OF GENERAL SERVICES

Subpart C. CONSTRUCTION AND PROCUREMENT

ARTICLE II. CONSTRUCTION

CHAPTER 65. (Reserved)

§§ 65.1--65.6. (Reserved).

[Pa.B. Doc. No. 05-443. Filed for public inspection March 11, 2005, 9:00 a.m.]


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