NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[38 Pa.B. 6123]
[Saturday, November 1, 2008]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 16, 2008, and announced the following:

Regulations Approved:

   Department of Labor and Industry #12-83: Mines and Other Excavations (deletes 34 Pa. Code Chapter 33)

   State Real Estate Commission #16A-5614: Consumer Notice (amends 49 Pa. Code Chapter 49)

   State Board of Chiropractic #16A-4314: Reactivation of Lapsed License (amends 49 Pa. Code Chapter 5)

   State Board of Dentistry #16A-4618: Sexual Misconduct (amends 49 Pa. Code Chapter 33)

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Approval Order

Public Meeting held
October 16, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, by Phone; Nancy Sabol Frantz, Esq., by Phone, Abstained; Karen A. Miller; John F. Mizner, Esq.

Department of Labor and Industry--
Mines and Other Excavations;
Regulation No. 12-83 (#2722)

   On September 10, 2008, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking deletes 34 Pa. Code Chapter 33. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted rulemaking deletes an obsolete chapter of the Department's regulations. The chapter is obsolete because the authority to enforce these regulations was transferred to the Department of Environmental Resources in 1975.

   We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. §§ 25-2(f) and 25-12 and 71 P. S. § 751-22) 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
October 16, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, by Phone; Nancy Sabol Frantz, Esq., by Phone, Abstained; Karen A. Miller; John F. Mizner, Esq.

State Real Estate Commission--
Consumer Notice;
Regulation No. 16A-5614 (#2599)

   On March 28, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission (SREC). This rulemaking amends 49 Pa. Code Chapter 49. The proposed regulation was published in the April 7, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 2, 2008.

   This regulation condenses and updates the consumer notice provisions in the SREC's existing regulations.

   We have determined this regulation is consistent with the statutory authority of the SREC (63 P. S. § 455.608) 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
October 16, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, by Phone; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

State Board of Chiropractic--
Reactivation of Lapsed License;
Regulation No. 16A-4314 (#2626)

   On August 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Chiropractic (Board). This rulemaking amends 49 Pa. Code Chapter 5. The proposed regulation was published in the August 25, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 2, 2008.

   This final-form regulation replaces the existing provisions that deal with the reactivation of a license after it has been inactive for more than five years. The new provisions seek to make the reactivation process simpler, while assuring that the licensee is still competent to practice.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 625.302(1) and 625.501(b)) 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
October 16, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, by Phone; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

State Board of Dentistry--
Sexual Misconduct;
Regulation No. 16A-4618 (#2573)

   On October 4, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The proposed regulation was published in the October 21, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 2, 2008.

   This regulation establishes standards for determining sexual misconduct between practitioners and their patients. The regulation would apply to all licensees of the Board, which include dentists, dental hygienists and expanded function dental assistants.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 122(c), (d), (d.1) and (o)) 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. 08-1995. Filed for public inspection October 31, 2008, 9:00 a.m.]

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