Pennsylvania Bulletin

PA Bulletin, Doc. No. 05-386

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 1487]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 10, 2005, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective February 9, 2005

   State Board of Auctioneer Examiners #16A-647: Examination Fees (amends 49 Pa. Code §§ 1.23 and 1.41)

   Department of General Services #8-2:  State Art Commission (Deletes 4 Pa. Code Chapter 65)

   State Board of Funeral Directors #16A-4810:  Limited License (adds language and fees to 49 Pa. Code Chapter 13)

Regulations Approved

   State Board of Private Licensed Schools #6-286: General Revisions (amends 22 Pa. Code Chapter 73)

   Department of Public Welfare #14-492:  Supplemental Security Income Program and State Supplementary Payment Program (deletes 55 Pa. Code Chapter 297 and adds 55 Pa. Code Chapter 299)

   Public School Employees' Retirement Board #43-9: Optional Alternate Retirement Plans (amends 22 Pa. Code Chapter 215)

   State Employees' Retirement Board #31-2: Optional Alternate Retirement Plans: (amends 4 Pa. Code Chapters 243 and 249)

Approval Order

Public Meeting held
February 10, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli by phone; Murray Ufberg, Esq.

State Board of Private Licensed Schools--General Provisions; Regulation No. 6-286

   On June 10, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Private Licensed Schools (Board). This rulemaking amends 22 Pa. Code Chapter 73. The proposed regulation was published in the June 21, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 22, 2004.

   This regulation deletes financial aid documentation from student recordkeeping requirements, adds an attendance requirement for orientation seminars for those wishing to open a new school and adds a limitation of one program approval for each new school application fee. Approval of additional programs will be subject to additional fees, which are set forth in existing regulations.

   We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 6504(a)) 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
February 10, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli by phone; Murray Ufberg, Esq.

Department of Public Welfare--Supplemental Security Income Program and State Supplementary Payment Program; Regulation No. 14-492

   On October 28, 2004, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking deletes 55 Pa. Code Chapter 297 and adds 55 Pa. Code Chapter 299. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation rescinds Chapter 297 relating to Supplemental Security Income Program (SSI) and adds new Chapter 299 relating to SSI and State Supplementary Payment Program (SSP). This rulemaking applies to individuals and couples that are considered aged, blind or disabled. The new Chapter 229 will make the Department the administrator of the SSP. Eligibility requirements for the SSP have not been altered. The Department has estimated it will save $15.950 million in the first fiscal year by administering the program.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2) and 403(b)) 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
February 10, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli by phone; Murray Ufberg, Esq.

Public School Employees' Retirement Board--Optional Alternate Retirement Plans; Regulation No. 43-9

   On January 31, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Public School Employees' Retirement Board (Board). This rulemaking amends 22 Pa. Code Chapter 215. The proposed regulation was published in the February 15, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 26, 2004.

   This regulation clarifies when a new employee of the State System of Higher Education (SSHE) may choose an alternate retirement plan. The amendments in the regulation are in response to Act 35 of 2001, which allowed SSHE to add insurance companies or mutual funds as alternate retirement plans for its employees.

   We have determined this regulation is consistent with the statutory authority of the Board (24 Pa.C.S. § 8502(h) and 24 P. S. § 20-2013-A) 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
February 10, 2005

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli by phone; Murray Ufberg, Esq.

State Employees' Retirement Board--Optional Alternate Retirement Plans; Regulation No. 31-2

   On February 3, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Employees' Retirement Board (Board). This rulemaking amends 4 Pa. Code Chapters 243 and 249. The proposed regulation was published in the February 15, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 26, 2004.

   This regulation clarifies when a new employee of the State System of Higher Education (SSHE) may choose an alternate retirement plan. The amendments in the regulation are in response to Act 35 of 2001, which allowed SSHE to add insurance companies or mutual funds as alternate retirement plans for its employees.

   We have determined this regulation is consistent with the statutory authority of the Board (71 Pa.C.S. § 5902(h) and 24 P. S. § 20-2013-A) 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. 05-386. Filed for public inspection February 25, 2005, 9:00 a.m.]

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