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PA Bulletin, Doc. No. 24-1316

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[54 Pa.B. 5956]
[Saturday, September 14, 2024]

 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 agency must consider these comments in preparing the final-form regulations. 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final-form regulations must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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/TitleClose of the Public 
Comment Period		IRRC
Comments
Issued
16A-7029 State Board of Certified Real Estate Appraisers 
Distance Education and PAREA
54 Pa.B. 3623 (June 29, 2024)		07/29/2408/28/24
16A-5732State Board of Veterinary Medicine
Fee Increase
54 Pa.B. 3618 (June 29, 2024)		07/29/2408/28/24

State Board of Certified Real Estate Appraisers Regulation # 16A-7029 (IRRC # 3406)

Distance Education and PAREA

August 28, 2024

 We submit for your consideration the following comments on the proposed rulemaking published in the June 29, 2024 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 Board of Certified Real Estate Appraisers (Board) to respond to all comments received from us or any other source.

1. Section 36.1. Definitions.—Clarity.

 The proposed rulemaking includes a new definition for the term ''mentor.'' It reads as follows:

A State-certified residential or general real estate appraiser who meets the [Appraiser Qualifications Board] AQB Qualification Criteria for guiding, advising and counseling [Practical Applications of Real Estate Appraisal] PAREA program participants.

 A commentator has asked if the state-certified residential or general real estate appraiser must be certified in Pennsylvania or if they could be credentialed in any jurisdiction. We agree that the definition of ''mentor'' is unclear and ask the Board to clarify it in the final-form regulation.

2. Section 36.11. Qualifications for certification as residential real estate appraiser.—Clarity.

 Existing Subsection (e) details the experience an applicant must have to become certified as a residential real estate appraiser. The proposed rulemaking adds Subsection (f) to this section to reflect the fact that an applicant seeking to become a certified residential real estate appraiser can meet the experience requirement by successfully completing an AQB-approved certified residential PAREA program, provided conditions, as required by the AQB Qualification Criteria, are met. Since Subsection (e) already addresses experience requirements, we believe the clarity of the rulemaking would be improved if the new language of Subsection (f) was added to existing Subsection (e). We ask the Board to consider this suggestion as it prepares the final-form rulemaking. We note that similar language appears in Section 36.12, relating to qualifications for certification as a general real estate appraiser.

3. Section 36.31. Provider registration/appraisal courses.—Clarity.

 Subsection (b) says that an ''education provider must obtain Board approval for qualifying education. . .'' In existing regulations, such as in Subsection 36.12.a(b) and Section 36.45, the Board provides the criteria on which qualifying educational standards and qualifying education are based. In addition, in proposed Subsection 36.31(c), the Board provides for the requirements for qualifying education under Subsections 36.11(b), 36.12(b), and 36.12a(b) of existing regulations. Therefore, to assist education providers in meeting this requirement and to improve the clarity of this regulation, we suggest that the Board do the same for the term ''qualifying education'' in proposed Subsection 36.31(b).

4. Section 36.43. Distance education.—Clarity.

 The Preamble describing this section references hybrid distance education, but such education is not mentioned specifically in this section. Other sections in this proposed regulation mention specifically hybrid distance education. What is the reason for not including this type of education in Section 36.43? The same question applies to Section 36.263 regarding the use of distance education for continuing education for certified Pennsylvania evaluators.

State Board of Veterinary Medicine
Regulation # 16A-5732 (IRRC # 3407)

Fee Increase

August 28, 2024

 The Independent Regulatory Review Commission submits for your consideration the following comments on the proposed rulemaking published in the June 29, 2024 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (RRA) (71 P.S. § 745.5b). Section 5.1(a) of the RRA (71 P.S. § 745.5a(a)) directs the State Board of Veterinary Medicine (Board) to respond to all comments received from us or any other source.

1. Regulatory Analysis Form (RAF).—Fiscal impacts; Clarity; Need; Implementation procedures.

 This proposed regulation was published on June 29, 2024, and as noted above, the date of this Commission's comments is August 28, 2024. In response to question # 29 of the RAF, the Board stated that it expects the effective date of this regulation to be ''Summer 2024.'' Assuming that the regulation would, in fact, be effective in summer 2024, the Board included in the proposed regulation fee increases applicable to the biennial renewal period beginning December 1, 2024. If these regulations are not effective prior to the biennial renewal period beginning December 1, 2024, we ask the Board to explain the fiscal impacts of licensees paying the current renewal rate. We also ask the Board to amend the final regulation and RAF as appropriate to reflect an updated effective date. Additionally, if the Board chooses to adjust fees in the final regulation, we ask that updated fee report forms and annual reports be included to support the need for the adjusted fees in the final-form regulation.

 Finally, we note that the Board addressed the fiscal impacts of graduated fee increases for reinspection of Animal Protection Organizations in the preamble and a Fee Report Form, but not in the RAF. We ask the Board to include this information, as well as the approximate number of applications anticipated annually, when amending the final-form RAF.

2. Miscellaneous clarity.

 The Board proposes to add Subchapter B (relating to Animal Protection Organizations and Euthanasia Technicians) and add Section 31.104 (relating to schedule of fees) through this proposed regulation. However, as the Pennsylvania Bulletin notes in the publication of this proposed regulation:

(Editor's Note: Subchapter B and § 31.104 are proposed to be added in proposed rulemaking 16A-5726 published at 52 Pa.B. 1980 (April 2, 2022). Final-form rulemaking 16A-5726 was approved by IRRC at its June 20, 2024, meeting. This proposed rulemaking [# 16A-5732] also proposes to add Subchapter B and an updated version of § 31.104, which are printed in regular type to enhance readability.) (Emphasis added.)

 We recognize that both regulations indicated that they are adding Subchapter B and Section 31.104 since rulemaking 16A-5726 was not yet published at the time that this proposed regulation was delivered. Since rulemaking 16A-5726 has now been published (on August 10, 2024), we ask the Board to make clear to the regulated community in the preamble and final regulation that Subchapter B and Section 31.104 are being amended by the final regulation rather than newly added.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 24-1316. Filed for public inspection September 13, 2024, 9:00 a.m.]


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