NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[54 Pa.B. 6837]
[Saturday, October 26, 2024]

 Section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)) provides that the Independent Regulatory Review Commission (IRRC) may issue comments within 30 days of the close of the public comment period. IRRC comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b).

 IRRC has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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 Period	IRRC Comments Issued
61-14	State Civil Service Commission Hearings 54 Pa.B. 5107 (August 10, 2024)	09/09/24	10/09/24

State Civil Service Commission Regulation # 61-14 (IRRC # 3413)

Hearings

October 9, 2024

 We submit for your consideration the following comments on the proposed rulemaking published in the August 10, 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 Civil Service Commission (Commission) to respond to all comments received from us or any other source.

Section 105.12a. Appeal requests.—Clarity.

 The title of this section references appeal requests, but the language of the section references hearings. To improve the clarity of this section, we suggest that the title of this section be changed to hearing requests.

Subsection (b) Time limits.

 This subsection sets forth time limits for filing an appeal with the Commission. We have two concerns. First, Subsections (b)(1) and (b)(2) are entitled ''Under 71 Pa.C.S. Section § 3003(7)(1)'' and ''Under 71 Pa.C.S. Section § 3003(7)(2)'' respectively. To comply with these subsections, the regulated community would have to reference those sections of the statute. To improve the clarity of the rulemaking, we suggest that the Commission include the circumstances contained in the statutory provisions to the final rulemaking. This would assist the regulated community in complying with regulation.

 Second, Subsection (b)(2) includes two time limits for requesting a hearing. Subsection (b)(2)(i) addresses the time limit for employees or job seekers that received a notice of a challenged action. Subsection (b)(2)(ii) addresses the time limit for employees or job seekers that became aware of alleged discrimination. Since the time when an employee or job seeker receives notice and the time when an employee or job seeker becomes of aware of alleged discrimination can differ, it is unclear which subsection will be applicable. We ask the Commission to clarify how it will administer these provisions in the final-form regulation.

Subsection (d)

 Representative Ryan Mackenzie, Republican Chairman of the House Labor and Industry Committee, submitted a comment regarding § 105.12a(d)(1) and the meaning of the phrase, ''Made in writing.'' He suggests that this term, when read in conjunction with the new language of § 105.12b(b) regarding electronic signatures, lacks clarity. We ask the Commission to clarify what is meant by the phrase ''made in writing'' as it relates to the acceptance of electronic signatures in the final-form regulation.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 24-1550. Filed for public inspection October 25, 2024, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---