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PA Bulletin, Doc. No. 08-1799

RULES AND REGULATIONS

Title 31--INSURANCE

INSURANCE DEPARTMENT

[ 31 PA. CODE CH. 133 ]

Preparation and Filing of Forms for Approval (Fire and Casualty)

[38 Pa.B. 5434]
[Saturday, October 4, 2008]

   The Insurance Department (Department) rescinds Chapter 133 (relating to preparation and filing of forms for approval (fire and casualty)) as set forth in Annex A.

   This rescission is made under the authority of sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 422 and 412) and section 354 of The Insurance Company Law of 1921 (40 P. S. § 477b).

Comments and Response

   Notice of proposed rulemaking was published at 37 Pa.B. 1229 (March 17, 2007) with a 30-day comment period. During the 30-day comment period, no comments were received. During its regulatory review, the Independent Regulatory Review Commission (IRRC) did not submit comments to the Department.

Affected Parties

   The rescission of Chapter 133 affects property and casualty insurers, the State Workmen's Insurance Fund and title insurers.

Fiscal Impact

State Government

   There will be no increase in cost to the Department due to the rescission of Chapter 133.

General Public

   There will be no fiscal impact to the public.

Political Subdivisions

   The rulemaking will not impose additional costs on political subdivisions.

Private Sector

   The rulemaking will not impose additional costs of insurance companies doing the business of property and casualty insurance in this Commonwealth.

Paperwork

   The adoption of the rulemaking will not impose additional paperwork on the Department or the insurance industry.

Effectiveness/Sunset Date

   This rulemaking becomes effective upon publication in the Pennsylvania Bulletin. No sunset date has been assigned.

Contact Person

   Any questions regarding this final-form rulemaking, should be directed to Peter J. Salvatore, Regulatory Coordinator, Office of Special Projects, 1326 Strawberry Square, Harrisburg, PA 17120, (717) 787-4429. In addition, questions may be e-mailed to psalvatore@state.pa.us or faxed to (717) 705-3873.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking, on March 2, 2007, to IRRC and to the Chairpersons of the House Insurance Committee and the Senate Banking and Insurance Committee (Committees). In addition to the submitted final-form regulation, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of that material is available to the public upon request.

   In preparing these final-form regulations, the Department considered all comments received from IRRC, the Committees and the public. These final-form regulations were deemed approved by the House and Senate Committees on September 6, 2008. In accordance with section 5(g) of the Regulatory Review Act, the final-form regulations were deemed approved by IRRC, effective September 6, 2008.

Findings

   The Commissioner finds that:

   (1)  Public notice of intention to adopt this rulemaking as set forth in this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of this rulemaking in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.

Order

   The Commissioner, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 31 Pa. Code, are amended by deleting §§ 133.1--133.12 to read as set forth in Annex A.

   (b)  The Commissioner shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Commissioner shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  The regulations rescinded by this order shall take effect upon final publication in the Pennsylvania Bulletin.

JOEL SCOTT ARIO,   
Insurance Commissioner

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 4961 (September 6, 2008).)

   Fiscal Note: Fiscal Note 11-234 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 31. INSURANCE

PART VIII. MISCELLANEOUS PROVISIONS

CHAPTER 133. [Reserved]

§§ 133.1--133.12. (Reserved).

[Pa.B. Doc. No. 08-1799. Filed for public inspection October 3, 2008, 9:00 a.m.]


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