NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[40 Pa.B. 6883]
[Saturday, November 27, 2010]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).
The Commission has issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulation. The final-form regulations must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public
Comment PeriodIRRC
Comments
Issues12-93 Department of Labor and Industry
Responsibilities of Employers
40 Pa.B. 5179
(September 11, 2010)
10/12/10 11/12/10 16A-5613 State Real Estate Commission
Education
40 Pa.B. 5195
(September 11, 2010)
10/12/10 11/12/10
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Department of Labor and Industry
Regulation #12-93 (IRRC #2869)
Responsibilities of Employers
November 12, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the September 11, 2010 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Department of Labor and Industry (Department) to respond to all comments received from us or any other source.
1. Section 63.25. Filing methods.—Reasonableness; Clarity.
Additional and suspended methods for filing documents
Subsections (a) through (f) specify acceptable methods for filing documents. The requirements of these subsections establish a binding norm for both the regulated community and the Department. However, Subsection (g) (relating to Additional and suspended methods) allows the Department to prescribe additional filing methods and to suspend filing methods established in prior subsections. If the Department wants to change the filing methods and how filing dates will be determined, that must be done through the rulemaking process. Therefore, the Department should delete Subsection (g).
2. Section 63.31. Applicability and definitions.—Need; Clarity.
Material change
Subsection (c) defines the term ''Material change.'' In our review we were unable to find this term used in Sections 63.31—63.37, as amended. The Department should delete the definition or explain why it is needed. If the definition is needed, the specific meaning of the phrase ''substantial reduction'' is unclear. The Department should replace this phrase in the regulation with a quantifiable provision.
3. Section 63.63. Agreement to compromise.—Clarity.
Filing method and required information
Existing Subsection (a) provides specific information for filing an application. This provision is being amended to include the vague requirement to file ''in the manner that the Department prescribes, and containing the information that the Department requires.'' How can a person reading this provision know how to comply? We recommend amending this provision to provide clear direction on how to file the document and how the applicant will know what information to provide.
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State Real Estate Commission
Regulation #16A-5613 (IRRC #2871)
Education
November 12, 2010 We submit for your consideration the following comments on the proposed rulemaking published in the September 11, 2010 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the State Real Estate Commission (Real Estate Commission) to respond to all comments received from us or any other source.
1. Section 35.201.—Definitions.—Clarity.
Accredited college
The proposed regulation defines ''accredited college'' as an institution that is accredited by the Middle States Commission on Higher Education (Middle States) or ''an equivalent accrediting body.'' Who will determine and what criteria will be used to determine that an accrediting body is ''equivalent'' to Middle States? The final-form regulation should clarify these issues.
2. Section 35.272.—Examination for salesperson's license.—Clarity.
Subsection (b) establishes certain standards the Real Estate Commission will use to determine whether examination candidates meet the necessary education requirements for licensure. Subsection (b)(2)(ii) permits credits offered by a provider ''approved by the Commission,'' but it does not explain the process for approval. We note that Section 35.341 of the existing regulation includes a process for approval of real estate education providers. To improve clarity, we recommend that the final-form regulation include a cross-reference to this section. The same concern applies to Sections 35.273(b)(2)(ii) and 35.275 (b)(2)(ii).
3. Section 35.359.—Course documentation.—Fiscal impact; Implementation procedures; Clarity.
Subsection (b) requires continuing education providers to provide, within 30 days after a course has ended, transcripts/certificates of instruction to each licensee who completed/taught the course. We raise three issues.
First, both the School Directors within the Pennsylvania Association of Realtors (School Directors) and Greater Harrisburg Association of Realtors and its related Realtors Institute (GHAR/GHRI) express concerns that this subsection does not specify whether these transcripts must be paper, or if an electronic version is acceptable. The School Directors also question whether these provisions will require a school seal on every transcript/certificate and an original signature. The final-form regulation should clarify these issues.
Second, both commentators also question the possible costs imposed by these provisions. If paper transcripts are required, commentators indicate that this will result in increased administrative and operating costs, with GHAR/GHRI estimating their costs to be approximately $1500—$2000 each continuing education cycle. However, the Real Estate Commission indicates in the Preamble that these transcripts will result in a ''slight'' fiscal impact on the regulated community. The Real Estate Commission should further explain how it determined the fiscal impact of the regulation in light of the cost estimates provided by commentators.
Finally, Subsection (b) states that these transcripts/certificates of instruction contain the information in existing Section 35.360(a)(5)(i)—(viii). However, Section 35.360 (a) also contains paragraph (ix), which requires that the transcript include: ''the fact that the course will be accepted by the Commission towards fulfillment of the education requirement for either the real estate broker's examination or real estate salesperson's examination. . . .'' Why doesn't the cross-reference in Subsection 35.359(b) include a citation to paragraph (ix)? The final-form regulation should include this paragraph, or the Real Estate Commission should explain why it is not necessary.
4. Section 35.385.—Continuing education providers.—Need; Clarity.
Subsection (b) requires continuing education providers to comply with various standards for real estate education providers, and contains cross-references to existing provisions of Chapter 35, including references to specific subsections. Why does the Real Estate Commission intend for providers to comply with certain subsections rather than entire sections? The final-form regulation should clarify why the citations listed are the only references necessary.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 10-2288. Filed for public inspection November 24, 2010, 9:00 a.m.]
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