NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[39 Pa.B. 4832]
[Saturday, August 8, 2009]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 23, 2009, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective July 22, 2009:

   State Employees' Retirement Board #31-6: Special Rules of Administrative Practice and Procedure (amends 4 Pa. Code Chapter 250 and adds a new Section 250.2)

Action Taken--Regulations Approved:

   Department of Health #10-180: Supplemental Nutrition Program for Women, Infants and Children (WIC Program) (amends 28 Pa. Code Chapters 1101--1113)

   State Board of Pharmacy #16A-5418: Sales of Hypodermic Needles and Syringes (amends 49 Pa. Code § 27.18)

   Pennsylvania Gaming Control Board #125-96: Revised Procedures (amends 58 Pa. Code Chapters 403a, 435a, 441a, 461a and 465a)

   State Board of Education #6-317: Special Education Services and Programs--General Provisions (amends 22 Pa. Code § 14.102 (a)(2))

   Department of Education #6-320: General Provisions and Supervision (amends 22 Pa. Code § 711.3 (b))

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Approval Order

Public Meeting held
July 23, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Nancy Sabol Frantz, Esq.; John F. Mizner, Esq.

Department of Health--Supplemental Nutrition Program for Women, Infants and Children (WIC Program); Regulation No. 10-180 (#2718)

   On August 15, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 1101 to 1113. The proposed regulation was published in the August 30, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 4, 2009.

   This regulation amends existing regulations governing the authorization and management of stores participating in the Special Supplemental Nutrition for Women, Infants and Children (WIC) Program.

   We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 532(g), implementing the Federal Child Nutrition and WIC Reauthorization Act of 2004) 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 23, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Nancy Sabol Frantz, Esq., Abstained; John F. Mizner, Esq.

State Board of Pharmacy--Sales of Hypodermic Needles and Syringes; Regulation No. 16A-5418 (#2625)

   On August 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code § 27.18. 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 June 5, 2009.

   This rulemaking eliminates the need for a prescription when a person buys hypodermic needles and syringes.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 390-4(j), 390-6(k)(1) and 390-6(k)(9)) 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 23, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Nancy Sabol Frantz, Esq., Dissenting; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Revised Procedure; Regulation No. 125-96 (#2739)

   On January 13, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 403a, 435a, 441a, 461a and 465a. The proposed regulation was published in the January 24, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 3, 2009.

   This regulation amends various provisions to correct errors, clarify requirements, and revise or add new requirements that reflect current practices.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30)) 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 23, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Nancy Sabol Frantz, Esq.; John F. Mizner, Esq.

State Board of Education--Special Education
Services and Programs--General Provisions;
Regulation No. 6-317 (#2767)

   On June 3, 2009, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code § 14.102 (a)(2). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking aligns the Commonwealth's regulations with the Federal Individuals With Disabilities Education Act and implementing regulations (34 CFR 300.1--300.818), as amended at 73 FR 73006--73029 (December 1, 2008).

   We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. §§ 13-1372(1) and 26-2603-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
July 23, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Nancy Sabol Frantz, Esq.; John F. Mizner, Esq.

Department of Education--General Provisions and Supervision; Regulation No. 6-320 (#2768)

   On June 3, 2009, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Education (Department). This rulemaking amends 22 Pa. Code § 711.3(b). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking aligns the Commonwealth's regulations with the Federal Individuals With Disabilities Education Act and implementing regulations (34 CFR 300.1--300.818), as amended at 73 FR 73006--73029 (December 1, 2008).

   We have determined this regulation is consistent with the statutory authority of the Department (24 P. S. §§ 17-1732-A(c)(2) and 17-1749-A(b)(8)) 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. 09-1428. Filed for public inspection August 7, 2009, 9:00 a.m.]

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