NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 4683]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, August 27, 1998, and took the following actions:

Regulation Approved:

   #1925 Environmental Hearing Board #106-3: Practice and Procedure (amends 25 Pa. Code Chapter 1021).

   #1970 Department of Labor & Industry #12-51: Construction of Prisons, Jails, Reformatories, Houses of Correction and the Like (amends 34 Pa. Code Chapter 50).

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 27, 1998

Department of Labor and Industry--Construction of Prisons, Jails, Reformatories, Houses of Correction and the Like; Regulation No. 12-51

Order

   On July 27, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 50. The authority for this regulation is found in 35 P. S. §§ 1221, et seq. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The Department is updating the fire and panic regulations which were first adopted in 1984. The existing regulations reference the 1981 edition of the National Fire Protection Association Life Safety Code 101 (Life Safety Code). The amendment changes the reference to the 1997 edition of the Life Safety Code.

   We have reviewed this regulation and find it to be in the public interest. Existing regulations require jails and prisons to be constructed in accordance with standards included in the Life Safety Code. The proposed amendment eliminates an outdated reference to the Life Safety Code.

Therefore, It Is Ordered That:

   1.  Regulation No. 12-51 from the Department of Labor and Industry, as submitted to the Commission on July 27, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 27, 1998

Environmental Hearing Board--Practice and Procedure; Regulation No. 106-3

Order

   On February 4, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (EHB). It amends 25 Pa. Code Chapter 1021 relating to the EHB's practice and procedure rules. The authority for this rulemaking is section 5(c) of the Environmental Hearing Board Act (35 P. S. § 7515(c)). The proposed regulation was published in the February 14, 1998 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 27, 1998. On August 3, 1998, the Commission received a request from the EHB to toll consideration of the final-form regulation in order to correct some drafting errors in the language of section 1021.52, relating to timeliness of appeal, and to revise some language in the Preamble. On August 5, 1998, the EHB submitted its revisions to the final-form regulation to the Commission.

   This rulemaking updates and refines ten sections of the EHB's procedural rules to make them more similar to rules of practice before the courts of common pleas and the Federal district courts.

   We have reviewed this revised final-form regulation and find it to be in the public interest. The amendments will benefit all litigants before the EHB by making the EHB's procedures more consistent with those of the court systems, and contribute to the expeditious processing of cases before the EHB.

Therefore, It Is Ordered That:

   1.  Regulation No. 106-3 from the Environmental Hearing Board, as revised on August 5, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-1503. Filed for public inspection September 11, 1998, 9:00 a.m.]

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