NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[37 Pa.B. 4411]
[Saturday, August 4, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 19, 2007, and announced the following:

Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective July 18, 2007

   Department of Agriculture #2-154: Deletion of Outdated Regulations (deletes 7 Pa. Code Chapters 11, 95, 123 and 125)

Action Taken--Regulations Approved:

   Treasury Department #64-4: Review of Administrative Decisions (amends 61 Pa. Code Chapter 951)

   Pennsylvania Gaming Control Board #125-53: General Rules of Practice (amends 58 Pa. Code Chapter 491a)

   State Board of Occupational Therapy Education and Licensure #16A-676: Orders (amends 49 Pa. Code § 42.25)

   Pennsylvania Public Utility Commission #57-237: Provisions of Default Service (amends 52 Pa. Code Chapters 54 and 7)

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Approval Order

Public Meeting held
July 19, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq., by Proxy

Treasury Department--Review of
Administrative Decisions;
Regulation No. 64-4 (#2617)

   On June 13, 2007, the Independent Regulatory Review Commission (Commission) received this regulation from the Treasury Department (Department). This rulemaking amends 61 Pa. Code Chapter 951. Notice of proposed rulemaking was omitted for this regulation. It will become effective upon publication in the Pennsylvania Bulletin.

   This regulation revises the Department's existing regulations establishing administrative procedures for hearing petitions for review. Currently, hearings are held before a five-person committee. This regulation will replace that committee with one presiding officer designated by the State Treasurer.

   We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 1301.26) 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.

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Approval Order

Public Meeting held
July 19, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq., by Proxy

Pennsylvania Gaming Control Board--
General Rules of Practice;
Regulation No. 125-53 (#2588)

   On December 19, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapter 491a. The proposed regulation was published in the January 6, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 5, 2007.

   This regulation replaces temporary regulations in Chapters 491 and 492. It establishes general rules of administrative practice and procedure that apply to persons appearing before the Board in a hearing.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30), 1205) 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.

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Approval Order

Public Meeting held
July 19, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq., by Proxy

State Board of Occupational Therapy--
Education and Licensure Orders;
Regulation No. 16A-676 (#2567)

   On September 20, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code § 42.25. The proposed regulation was published in the September 30, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 7, 2007.

   The regulation clarifies the procedures for occupational therapists accepting written or oral orders from physicians, optometrists or podiatrists.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1505(b) and 1514) 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
July 19, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq., by Proxy

Pennsylvania Public Utility Commission--
Provisions of Default Service;
Regulation No. 57-237 (#2463)

   On February 14, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission. This rulemaking amends 52 Pa. Code Chapters 54 and 57. The proposed regulation was published in the February 26, 2005 Pennsylvania Bulletin with a 121-day public comment period. The final-form regulation was submitted to the Commission on May 24, 2007.

   This final-form rulemaking defines the obligation of electric distribution companies to serve retail customers at the conclusion of their respective transition periods.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Public Utility Commission (66 Pa.C.S. §§ 501 and 2807(e)) 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 07-1418. Filed for public inspection August 3, 2007, 9:00 a.m.]

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