NOTICES

Notice of Comment Issued

[36 Pa.B. 6744]
[Saturday, November 4, 2006]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg No.	Agency/Title	Close of the Comment Period	IRRC Comments Issued
31-6	State Employees'    Retirement Board Appeal Board	9/25/06	10/25/06
	36 Pa.B. 4732 (August 26, 2006)

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State Employees' Retirement Board Regulation #31-6
(IRRC #2558)

Appeal Period

October 25, 2006

   We submit for your consideration the following comments on the proposed rulemaking published in the August 26, 2006 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Employees' Retirement Board (SERB) to respond to all comments received from us or any other source.

   1.  Section 250.2. Appeal Period from decisions of administrative staff.--Clarity. This section states: ''Decisions of administrative staff under authority delegated by the [State Employees' Retirement] Board may be appealed to the Board by filing a formal appeal within 30 days after service of notice of the administrative decision . . . .'' The General Rules of Administrative Practice and Procedure provides for only a 10-day appeal period (1 Pa. Code §  35.20). In order to reduce the likelihood of confusion and also to provide consistency with the format in Subchapter B, the SERB should include a paragraph (b) which clarifies that this section supersedes 1 Pa. Code § 35.20.

ALVIN C. BUSH,   
Chairperson

[Pa.B. Doc. No. 06-2175. Filed for public inspection November 3, 2006, 9:00 a.m.]

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