NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[52 Pa.B. 2087]
[Saturday, April 2, 2022]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Monday, March 21, 2022, and announced the following:

Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective March 20, 2022

 Department of Agriculture # 2-195: State Food Purchase Program Regulations (amends 7 Pa. Code Chapter 160)

Action Taken—Regulations Approved:

 Department of Education # 6-349: Charter Schools and Cyber Charter Schools (amends 22 Pa. Code Chapter 713)

 Department of Labor and Industry # 12-114: Minimum Wage (amends 34 Pa. Code Chapter 231)

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Approval Order

Public Meeting Held
March 21, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Dissenting; John J. Soroko, Esq., Dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Education—
Charter Schools and Cyber Charter Schools
Regulation No. 6-349 (# 3315)

 On September 8, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education (Department). This rulemaking amends 22 Pa. Code Chapter 713. The proposed regulation was published in the September 18, 2021 Pennsylvania Bulletin with a public comment period ending on October 18, 2021. The final-form regulation was submitted to the Commission on February 10, 2022.

 This regulation adds Chapter 713 (relating to charter schools and cyber charter schools) to clarify elements of the Charter School Law, and sets conditions that emphasize accountability, equity, quality, and transparency.

 We have determined this regulation is consistent with the statutory authority of the Department (24 P.S. §§ 17-1701-A—17-1751-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
March 21, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Labor and Industry—
Minimum Wage
Regulation No. 12-114 (# 3322)

 On November 5, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 231. The proposed regulation was published in the November 20, 2021 Pennsylvania Bulletin with a public comment period ending on December 20, 2021. The final-form regulation was submitted to the Commission on February 17, 2022.

 This final-form regulation adopts provisions governing tipped employees including the rate of minimum wage, tip credit for non-tipped duties, tip pooling, payment processing fees and administrative charges. The final-form regulation also adopts the regular rate for salaried employees eligible for overtime.

 We have determined this regulation is consistent with the statutory authority of the Department (43 P.S. §§ 333.104 and 333.109) 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. 22-510. Filed for public inspection April 1, 2022, 9:00 a.m.]

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