NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[51 Pa.B. 3680]
[Saturday, July 3, 2021]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 17, 2021, and announced the following:
Actions Taken—Regulations Approved:
Pennsylvania Gaming Control Board # 125-230: Video Gaming (amends 58 Pa. Code by adding Chapters 1101a—1120a)
Pennsylvania Liquor Control Board # 54-101: Cleaning of Malt or Brewed Beverage Dispensing Systems (amends 40 Pa. Code Chapters 5 and 9)
Milk Marketing Board # 47-18: Transactions Between Dealers and Producers; Termination of Dealer-Producer Contract (amends 7 Pa. Code § 143.31)
State Board of Physical Therapy # 16A-6518: Child Abuse Reporting Requirements (amends 49 Pa. Code Chapter 40)
Professional Standards and Practices Commission # 6-340: Code of Professional Practice and Conduct for Educators (amends 22 Pa. Code Chapter 235)
Action Taken—Regulation Disapproved: Order Not Yet Issued
*Bureau of Professional and Occupational Affairs # 16A-7103: Schedule of Civil Penalties—Crane Operators
*Will advise when order is issued.
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Approval Order Public Meeting Held
June 17, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson—Recused; John J. Soroko, Esq.; Murray Ufberg, Esq.—Recused; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Video Gaming
Regulation No. 125-230 (# 3262)On August 5, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code by adding Chapters 1101a—1120a. The proposed regulation was published in the September 5, 2020 Pennsylvania Bulletin with a public comment period ending on October 5, 2020. The final-form regulation was submitted to the Commission on April 27, 2021.
This rulemaking establishes permanent regulations for video gaming in the Commonwealth.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 3302) 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
June 17, 2021Commissioners Voting: George D. Bedwick, Chairperon; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Cleaning of Malt or Brewed Beverage Dispensing Systems
Regulation No. 54-101 (# 3255)
On February 28, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapters 5 and 9. The proposed regulation was published in the March 21, 2020 Pennsylvania Bulletin with a public comment period ending on April 20, 2020. The final-form regulation was submitted to the Commission on May 10, 2021.
This final rulemaking decreases the frequency of the required cleaning of malt or brewed beverage dispensing systems from every seven days to every fourteen days.
We have determined this regulation is consistent with the statutory authority of the Board (47 P.S. § 2-207(i)) 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
June 17, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Milk Marketing Board—
Transactions Between Dealers and Producers; Termination of Dealer-Producer Contract
Regulation No. 47-18 (# 3240)On July 1, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code § 143.31. The proposed regulation was published in the July 13, 2019 Pennsylvania Bulletin with a public comment period ending on August 12, 2019. The final-form regulation was submitted to the Commission on May 12, 2021.
The rulemaking extends the current notice requirement to terminate a dealer-producer relationship from 28 days to 90 days for dealers and maintains the 28-day notice requirement for producers to terminate a contract. It also provides for waivers to address situations where a 90-day notice would financially imperil a milk dealer.
We have determined this regulation is consistent with the statutory authority of the Board (31 P.S. §§ 700j-301 and 307) 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
June 17, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Physical Therapy—
Child Abuse Reporting Requirements
Regulation No. 16A-6518 (# 3285)On December 9, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Chapter 40. The proposed regulation was published in the December 19, 2020 Pennsylvania Bulletin with a public comment period ending on January 18, 2021. The final-form regulation was submitted to the Commission on April 26, 2021.
This final-form regulation updates the Board's child abuse reporting regulations to be consistent with the Child Protective Services Law, including the act of April 15, 2014 (P.L. 411, No. 31). 23 Pa.C.S. §§ 6301—6387. Physical therapists and physical therapist assistants are mandated reporters who are required to immediately report suspected child abuse, and complete training in child abuse recognition and reporting as a condition of licensure or certification.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 1303(a)) 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
June 17, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Professional Standards and Practices Commission—
Code of Professional Practice and Conduct for Educators
Regulation No. 6-340 (# 3233)On April 8, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Professional Standards and Practices Commission (PSPC). This rulemaking amends 22 Pa. Code Chapter 235. The proposed regulation was published in the April 20, 2019 Pennsylvania Bulletin with a public comment period ending on May 20, 2019. The final-form regulation was submitted to the Commission on May 12, 2021.
This final-form rulemaking amends PSPC's Code of Professional Practice and Conduct for Educators to provide additional guidance that addresses an educator's responsibilities to students, colleagues and the education profession.
We have determined this regulation is consistent with the statutory authority of the PSPC (24 P.S. § 2070.5(a)(10)) 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 21-1063. Filed for public inspection July 2, 2021, 9:00 a.m.]
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