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PA Bulletin, Doc. No. 02-22

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken By the Commission

[32 Pa.B. 123]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 20, 2001, and took the following actions:

Regulations Approved:

   State Board of Psychology #16A-6311: Examination Fees (amends 49 Pa. Code Chapter 41)

   State Board of Funeral Directors #16A-482: Application Fees (amends 49 Pa. Code § 13.12)

   Department of Banking #3-40: Mortgage Bankers and Brokers; Continuing Education (amends 10 Pa. Code Chapter 44)

   Department of Health #10-156: Reporting of Communicable and Noncommunicable Diseases (amends 28 Pa. Code Chapters 27 and 211)

____

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

Public Meeting held
December 20, 2001

State Board of Psychology--Examination Fees; Regulation No. 16A-6311

   On April 23, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Chapter 41. The proposed regulation was published in the May 5, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 27, 2001.

   The Board deleted references to two examination fees and an administration fee. Applicants for these exams pay the fees directly to the National examiners. The deletion of these fees from the Board's regulations will not have an effect on the regulated community, since candidates for licensure will still be required to pay the fees directly to the appropriate National examiner.

   We have determined this regulation is consistent with the statutory authority of the State Board of Psychology (63 P. S. § 1203.3) 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.

____

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

Public Meeting held
December 20, 2001

State Board of Funeral Directors--Application Fees; Regulation No. 16A-482

   On March 6, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code § 13.12. The proposed regulation was published in the March 17, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 27, 2001.

   This regulation creates three new fees, reduces an existing fee and increases eight existing fees. These changes result from a systems audit of the operations of the Bureau of Professional and Occupational Affairs. The Board estimates that 1,800 persons will use one or more of the enumerated services covered by these fees within a biennial period. Total additional costs for the regulated community for the biennial period would be $29,500. However, only those requesting the services will be affected.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 479.18.1) 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.

____

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

Public Meeting held
December 20, 2001

Department of Banking--Mortgage Bankers and Brokers; Continuing Education; Regulation No. 3-40

   On February 1, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Banking (Department). This rulemaking amends 10 Pa. Code Chapter 44. The proposed regulation was published in the March 3, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 20, 2001.

   This regulation establishes a required continuing education program for licensed first mortgage bankers, brokers, loan correspondents and limited mortgage brokers. Mortgage bankers, brokers and loan correspondents are required to complete 6 hours of continuing education per annual renewal period. Limited mortgage brokers are required to complete 2 hours of continuing education per annual renewal period. The final-form regulation also establishes requirements for Department approval of continuing education programs.

   We have determined this regulation is consistent with the statutory authority of the Department of Banking (63 P. S. §§ 456.304(e) and 456.310(a)) 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.

____

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

Public Meeting held
December 20, 2001

Department of Health--Reporting of Communicable and Noncommunicable Diseases; Regulation No. 10-156

   On May 17, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health. This rulemaking amends 28 Pa. Code, Chapters 27 and 211. The proposed regulation was published in the May 27, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 26, 2001.

   This rulemaking updates the existing reporting system for disease prevention and control within Pennsylvania. These amendments will affect numerous types, including: health care providers, health care practitioners, health care facilities, clinical laboratories and child care group settings.

   We have determined this regulation is consistent with the statutory authority of the Department of Health (35 P. S. §§ 521.16(a)) 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.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 02-22. Filed for public inspection January 4, 2002, 9:00 a.m.]


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