NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[31 Pa.B. 745]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 14, 2000, and took the following action.

Regulation Disapproved:

   Department of Transportation #18-349: Administrative Practice and Procedure; Outdoor Advertising (amends 67 Pa. Code Chapters 445 and 491).

Commissioners Voting:  John R. McGinley, Jr., Chairperson, Alvin C. Bush, Vice Chairperson, by phone, Arthur Coccodrilli, Robert J. Harbison, III, dissenting, John F. Mizner

Public Meeting held
December 14, 2000

Department of Transportation--Administrative Practice and Procedure; Outdoor Advertising; Regulation No. 18-349

   On October 6, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation. This rulemaking amends 67 Pa. Code Chapters 445 and 491. The proposed regulation was published in the October 23, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 8, 2000.

   The final-form regulation revises the current administrative procedural rules applicable to Department hearings, enumerates the specific requirements for hearing requests and facilitates the administrative review of Department procedures. The Department made several changes that further streamlined and clarified administrative procedures. However, we have two remaining concerns with the final-form regulation that relate to the criteria of clarity, feasibility and reasonableness (71 P. S. § 745.5a(i)(3)).

   First, the regulation does not contain a definition of the term ''party.'' Throughout the regulation, the Department changed the references to ''interested parties and other participants'' to ''parties.'' In our comments, we recommended that a definition of ''party'' be added to section 491.2 (relating to definitions). However, the Department has not followed our recommendation.

   Many agency regulations contain a definition of ''party'' or another term to designate a person involved in an administrative proceeding. These definitions eliminate confusion as to who is entitled to notice and service of pleadings. A definition of ''party'' in these regulations would likewise serve to make the regulation clearer.

   Second, retention of the term ''participant'' in section 491.8 (relating to service) is inconsistent with revisions made in the remainder of the regulation. The Department revised section 491.8 in the final-form regulation. In the first part of this provision, the Department deleted the term ''parties'' but retained the term ''participants.'' This is the only section in the regulation where the term ''participant'' has been retained. Since the term ''party'' is used throughout the regulation, the term ''participant'' in this one instance could result in confusion for a party in determining who is entitled to service of documents and pleadings.

   We have determined this regulation is consistent with the statutory authority of the Department (2 Pa.C.S. §§ 501--508 and 701--704) and the intention of the General Assembly. However, after considering the other criteria of the Regulatory Review Act discussed above, we find promulgation of this regulation is not in the public interest.

By Order of the Commission:

   This regulation is disapproved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 01-191. Filed for public inspection February 2, 2001, 9:00 a.m.]

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