NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[52 Pa.B. 6941]
[Saturday, November 5, 2022]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, October 20, 2022, and announced the following:
Actions Taken—Regulations Approved:
State Board of Auctioneer Examiners # 16A-6411: Fees (amends 49 Pa. Code § 1.41)
State Board of Education # 6-352: Student Attendance and Student and Student Services (Final-Omit) (amends 22 Pa. Code Chapters 11 and 12)
State Architects Licensure Board # 16A-4111: Digital Signature and Seal (amends 49 Pa. Code Chapter 9 by adding §§ 9.140, and 9.141a and amending §§ 9.141, 9.145 and 9.146)
State Registration Board for Professional Engineers, Land Surveyors and Geologists # 16A-4712: Digital Signature and Seal (amends 49 Pa. Code Sections 37.56a and 37.57—37.6)
State Board of Landscape Architects # 16A-6112: Digital Signature and Seal (amends 49 Pa. Code Chapter 15)
Department of Health # 10-219: Medical Marijuana (amends 28 Pa. Code Sections 1131, 1141, 1141a, 1151, 1151a, 1161, 1161a, 1171, 1171a, 1181, 1181a, 1191, 1191a, 1211, 1211a, 1230 and 1230a)
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Approval Order Public Meeting Held
October 20, 2022Commissioners 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 Auctioneer Examiners—
Fees
Regulation No. 16A-6411 (# 3337)On March 10, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Auctioneer Examiners (Board). This rulemaking amends 49 Pa. Code § 1.41. The proposed regulation was published in the March 26, 2022 Pennsylvania Bulletin with a public comment period ending on April 25, 2022. The final-form regulation was submitted to the Commission on September 19, 2022.
This rulemaking will increase the following application fees on a graduated basis: auctioneer, apprentice auctioneer, auction company, trading assistant, trading assistant company, special license, and course of study. It will also increase the graduated biennial renewal fees for the following licenses and registrations: auctioneer, apprentice auctioneer, auction company, trading assistant, and trading assistant company.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 734.6(a) and (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.
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Approval Order Public Meeting Held
October 20, 2022Commissioners 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 Education—
Student Attendance and Students and Student Services
Regulation No. 6-352 (# 3354)On August 22, 2022, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapters 11 and 12. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation makes technical amendments to conform Chapters 11 and 12 to the definition of ''compulsory school age'' in Section 1326 of the Public School Code of 1949. 24 P.S. § 13-1326.
We have determined this regulation is consistent with the statutory authority of the Board (24 P.S. §§ 26-2603-B(a) and 26-2604-B(b)(2)(v)) 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 20, 2022Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Architects Licensure Board—
Digital Signature and Seal
Regulation No. 16A-4111 (# 3263)On August 11, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Architects Licensure Board (Board). This rulemaking amends 49 Pa. Code Chapter 9 by adding §§ 9.140, and 9.141a and amending §§ 9.141, 9.145 and 9.146. The proposed regulation was published in the August 22, 2020 Pennsylvania Bulletin with a public comment period ending on September 21, 2020. The final-form regulation was submitted to the Commission on August 31, 2022.
This rulemaking provides for the use of digital signatures and seals on architectural documents. Specifically, it sets forth the definitions and requirements for use, including the surrender of digital seals and signatures, and compromised digital seals and signatures.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 34.6(a) and 34.12)) 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 20, 2022Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Registration Board for Professional Engineers,
Land Surveyors and Geologists—
Digital Signature and Seal
Regulation No. 16A-4712 (# 3264)On August 11, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board). This rulemaking amends 49 Pa. Code Sections 37.56a and 37.57—37.6. The proposed regulation was published in the August 22, 2020 Pennsylvania Bulletin with a public comment period ending on September 21, 2020. The final-form regulation was submitted to the Commission on August 31, 2022.
This regulation adopts standards for professional engineers, land surveyors, and geologists who utilize digital seals and signatures.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. Sections 151(1) and 154) 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 20, 2022Commissioners 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 Landscape Architects—
Digital Signature and Seal
Regulation No. 16A-6112 (# 3265)On August 11, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Landscape Architects (Board). This rulemaking amends 49 Pa. Code Chapter 15. The proposed regulation was published in the August 22, 2020 Pennsylvania Bulletin with a public comment period ending on September 21, 2020. The final-form regulation was submitted to the Commission on August 31, 2022.
This final-form regulation adopts definitions and requirements for use of digital seals and signatures on work products issued by landscape architects.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 904(9) and 909) 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 20, 2022Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Abstaining; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Health—
Medical Marijuana
Regulation No. 10-219 (# 3290)On February 16, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Sections 1131, 1141, 1141a, 1151, 1151a, 1161, 1161a, 1171, 1171a, 1181, 1181a, 1191, 1191a, 1211, 1211a, 1230, and 1230a. The proposed regulation was published in the March 6, 2021 Pennsylvania Bulletin with a public comment period ending on April 5, 2021. The final-form regulation was submitted to the Commission on September 19, 2022.
This regulation implements the state's Medical Marijuana Program, replacing the current temporary regulations with permanent regulations.
We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. § 10231.301(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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 22-1717. Filed for public inspection November 4, 2022, 9:00 a.m.]
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