PROPOSED RULEMAKING
STATE EMPLOYEES' RETIREMENT BOARD
[4 PA. CODE CH. 250]
Special Rules of Administrative Practice and Procedure
[37 Pa.B. 4209]
[Saturday, August 4, 2007]The State Employees' Retirement Board (Board) proposes to amend § 250.1 (relating to applicability of general rules) and add § 250.2 (relating to appeal period from decisions of administrative staff) to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Person
For further information, contact Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, P. O. Box 1147, Harrisburg, PA 17108-1147, (717) 787-9657; or Paul M. Stahlnecker, Counsel, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA 17101, (717) 783-7317. Information regarding submitting comments on this proposed rulemaking appears in Section H of this preamble.
C. Statutory Authority
This rulemaking is proposed under 71 Pa.C.S. § 5902(h) (relating to administrative duties of the board).
D. Background and Purpose
The proposed rulemaking will formalize current Board practice of granting a 30-day appeal period from decisions of administrative staff made under authority delegated by the Board. The provisions of 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) (GRAPP), which has been adopted by the Board under § 250.1, only provides for a 10-day appeal period.
The proposed rulemaking is intended to alleviate confusion and prevent possible disputes with regard to the granting of the additional 20-day period in which an aggrieved party may file an appeal.
E. Benefits, Costs and Compliance
Benefits
The proposed rulemaking is intended to alleviate confusion and prevent possible disputes with regard to the granting of the additional 20-day period in which an aggrieved party may file an appeal.
Costs
There are no costs to the Commonwealth, its citizens or State employees associated with this proposed rulemaking.
Compliance Costs
The proposed rulemaking is not expected to impose additional compliance costs on State employees.
F. Sunset Review
Not applicable.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 24, 2007, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House State Government Committee and the Senate Finance Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Public Comments
Written comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, 5th Floor, Harrisburg, PA 17101. Comments submitted by facsimile will not be accepted. The Board must receive comments, suggestions or objections within 30 days of publication in the Pennsylvania Bulletin.
Electronic comments--Comments may be submitted electronically to the Board at rgentzel@state.pa.us and must be received by the Board within 30 days of publication in the Pennsylvania Bulletin. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
NICHOLAS J. MAIALE,
ChairpersonFiscal Note: 31-6. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART X. STATE [EMPLOYES'] EMPLOYEES' RETIREMENT BOARD
CHAPTER 250. SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchapter A. APPLICABILITY OF RULES § 250.1. Applicability of general rules
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to [general rules of administrative practice and procedure] General Rules of Administrative Practice and Procedure) is applicable to the activities of and proceedings before the Board, except as provided in this chapter.
§ 250.2. Appeal period from decisions of administrative staff.
(a) Decisions of administrative staff under authority delegated by the Board may be appealed to the Board by filing a formal appeal within 30 days after service of notice of the administrative decision. Extensions of this appeal period may be requested for good cause and will be granted at the discretion of the Board Secretary.
(b) This section supersedes 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).
[Pa.B. Doc. No. 07-1396. Filed for public inspection August 3, 2007, 9:00 a.m.]
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