NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[37 Pa.B. 3076]
[Saturday, June 30, 2007]

   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 regulations. 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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 Public Comment Period	IRRC Comments Issued
16A-4817	State Board of Funeral Directors Renewal Fee	5/21/07	6/20/07
	37 Pa.B. 1868 (April 21, 2007)

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State Board of Funeral Directors
Regulation #16A-4817 (IRRC #2605)

Renewal Fee

June 20, 2007

   We submit for your consideration the following comments on the proposed rulemaking published in the April 21, 2007 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 Board of Funeral Directors (Board) to respond to all comments received from us or any other source.

Section 13.12. Fees.--Fiscal impact; Reasonableness.

   This proposed rulemaking increases the biennial renewal fee of the Board from $185 to $325. The fee increase will be effective for the renewal period beginning in February 2008.

   The House Professional Licensure Committee (Committee) submitted comments questioning the need for the surplus amounts the fee increase would generate and if the fee increase would negate the need for further increases for a period of ten years. They also requested more information pertaining to the actual and projected expenses of the cost centers for the legal office and enforcement and investigation.

   We share the concerns raised by the Committee. In particular, we question the reasonableness of a 75% increase at this time. We note that the biennial renewal fee was increased by 40% only three years ago. The Board has provided data that shows that the proposed fee increase will allow them to operate with a surplus until the 2016-2017 fiscal year. However, the fiscal impact of fee increases of this magnitude within a three year period may impose an undue burden on the regulated community. We believe a smaller increase, for example 50%, would be less burdensome to the regulated community and would still allow the Board to operate with a surplus.

   In addition, the information provided to justify the prior increase is different than the information provided to justify this proposed increase. Of particular concern are the expenses for fiscal years 03-04, 04-05, 05-06 and 06-07. According to the documentation provided, the actual expenses greatly exceed the projected expenses for these fiscal years.

   Following is a summary of those expenses:

Projected Expenses FY 03-04	Projected Expenses FY 04-05	Projected Expenses FY 05-06	Projected Expenses FY 06-07
$541,000	$557,000	$575,000	$592,000
Actual Expenses FY 03-04	Actual Expenses FY 04-05	Actual Expenses FY 05-06	Actual Expenses FY 06-07
$650,130.55	$698,263.47	$713,950.56	$842,000

   A continued escalation of expenses beyond those listed in this rulemaking would require an additional fee increase and would impose additional costs on the regulated community. What will the Board do to ensure that the expenses contained in this rulemaking are not exceeded?

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 07-1167. Filed for public inspection June 29, 2007, 9:00 a.m.]

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