RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF AUCTIONEER EXAMINERS
[49 PA. CODE CH. 1]
Exam Fee Deletion
[35 Pa.B. 1763] The State Board of Auctioneer Examiners (Board) amends §§ 1.23 and 1.41 (relating to auctioneer licensure examination; and schedule of fees) to read as set forth in Annex A.
A. Effective date
The amendments take effect upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
This final-form rulemaking is authorized under 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 (act) (63 P. S. §§ 734.5 and 734.6).
C. Background and Purpose
The amendment to § 1.23 reflects that applicants must 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. The amendment to § 1.23 clears confusion that may result from the existing regulation which directs candidates to apply to the Board to be tested.
The 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 section whenever the professional testing organization changes the fee, the Board is deleting the reference to the examination fee.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of the proposed rulemaking was published at 33 Pa.B. 4685 (September 20, 2003). Publication was followed by a 30-day public comment period during which the Board received no comments.
The Independent Regulatory Review Commission (IRRC) had no objections, comments or recommendations to offer on this final-form rulemaking. The House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment.
E. Fiscal Impact and Paperwork Requirements
This final-form rulemaking will have no fiscal impact on the Board or its licensees. This final-form rulemaking will have no fiscal impact on the private sector, the general public or political subdivisions. This final-form rulemaking will avoid preparation of new regulations each time that an examination fee is changed and will not create additional paperwork for the private sector.
This final-form rulemaking should not impose any legal, accounting or reporting requirements on the regulated community.
F. Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population. Therefore no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 20, 2003, the Board submitted a copy of the notice of proposed rulemaking published at 33 Pa.B. 4685 to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
The Board did not receive any comments from IRRC, the SCP/PLC and the HPLC or the public.
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 Board 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 November 9, 2004, the final-form rulemaking was approved by the HPLC. On February 9, 2005, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved effective February 9, 2005.
H. Contact Person
Further information may be obtained by contacting Tammy Radel, Administrative Assistant, State Board of Auctioneer Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
I. Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments has been 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 no comments were received.
(3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this Preamble.
J. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 1, are amended by amending §§ 1.23 and 1.41 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Board 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 on publication in the Pennsylvania Bulletin.
KENYON B. BROWN,
Chairperson(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: Fiscal Note 16A-647 remains valid for the final adoption of the subject regulations.
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 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.
(c) If an applicant fails the examination once, the applicant may take the next scheduled examination or the examination following the next scheduled examination. If an applicant fails the licensure examination twice, the Board, upon notice to the applicant, may require the applicant to complete additional training approved by the Board.
FEES § 1.41. Schedule of fees.
Applicants shall pay the following fees:
Application fee for auctioneer license $50 Biennial renewal fee for auctioneer license $200 Application fee for apprentice auctioneer license $30 Biennial renewal fee for apprentice auctioneer $100 Application fee for auction house and auction company $200 Special license to conduct auction $200 Application fee to approve course $45 Application fee to change sponsor $15 Application fee to change auction house or auction company license $15 Nonresident exam eligibility review $25 Certification of scores, permit or registration $25 Verification of license, registration, permit or approval $15
[Pa.B. Doc. No. 05-493. Filed for public inspection March 18, 2005, 9:00 a.m.]
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