NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 1362] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 21, 2002, and took the following actions:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective February 13, 2002
Insurance Department #11-211: Charter Amendments; Financial Requirements (Deletes 31 Pa. Code §§ 65.21--65.26)
Regulations Approved
State Real Estate Commission #16A-568: Agency (amends 49 Pa. Code Chapter 35)
State Board of Private Licensed Schools #6-272: Definitions; Fees (amends 22 Pa. Code Chapter 73)
Pennsylvania Public Utility Commission #57-222: Financial Reporting Requirements for All Telecommunications Carriers (amends 52 Pa. Code §§ 63.31--63.33, 71.3 and 71.9)
Insurance Department #11-208: Long-Term Care Insurance Form and Rate Filings (deletes 31 Pa. Code Subchapter M (§§ 89.901--89.921) and adds 31 Pa. Code Chapter 89a)
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Approval Order Public Meeting held
February 21, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli, by phone; Robert J. Harbison, III; John F. Mizner
State Real Estate Commission--Agency; Regulation No. 16A-568
On January 20, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission. This rulemaking amends 49 Pa. Code Chapter 35. The proposed regulation was published in the February 5, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 22, 2002.
This rulemaking implements Act 112 of 1998 and Act 47 of 2000. These Acts delineate certain duties of licensees according to whom they are representing and include mandatory provisions to be contained in written agreements and sales contracts. Additionally, the amendments explain various agency relationships and list the duties required of licensees.
We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. §§ 455.404, 455.608, 455.608a and 455.608b) 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.
Approval Order Public Meeting held
February 21, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli, by phone; Robert J. Harbison, III; John F. Mizner
State Board of Private Licensed Schools--Definitions, Fees; Regulation No. 6-272
On April 4, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Private Licensed Schools (Board). This rulemaking amends 22 Pa. Code Chapter 73. The proposed regulation was published in the April 14, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 24, 2002.
The Board has added the definition of ''seminar,'' a new fee for schools that only present seminars, and raised fees for biennial school licensure and licensure of admissions representatives. The Board is increasing these fees to generate revenues that meet or exceed expenditures in a biennial period as required by statute.
We have determined this regulation is consistent with the statutory authority of the State Board of Private Licensed Schools (24 P. S. §§ 6504(a) and 6510(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.
Approval Order Public Meeting held
February 21, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli, by phone; Robert J. Harbison, III; John F. Mizner
Pennsylvania Public Utility Commission--Financial Reporting Requirements for All Telecommunications Carriers; Regulation No. 57-222
On August 27, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code §§ 63.31--63.33, 71.3 and 71.9. The proposed regulation was published in the September 8, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 24, 2002.
The regulation updates the existing telephone utility classifications and streamlines reporting requirements for incumbent local exchange carriers (ILECs) and competitive local exchange carriers (CLECs). The regulation allows CLECs to use accounting methods other than the Uniform System of Accounts as long as they report to the PUC which method they are using. Finally, existing requirements for quarterly and annual rate-of-return financial reports are clarified to apply only to ILECs, and the quarterly reports are reduced to semi-annual reports.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501) 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.
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Approval Order Public Meeting held
February 21, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli, by phone; Robert J. Harbison, III; John F. Mizner
Insurance Department--Long-Term Care Insurance Form and Rate Filings; Regulation No. 11-208
On September 25, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code Subchapter M (§§ 89.901--89.921) and adds 31 Pa. Code Chapter 89a. The proposed regulation was published in the October 6, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 23, 2002. On February 8, 2002, the Commission received a request from the Department to toll consideration of this final-form regulation to modify one sentence. Also on February 8, 2002, the Department submitted its revision to the final-form regulation to the Commission.
The Department is replacing its existing long-term care insurance regulations with a new chapter that revises rate-filing requirements and required disclosure notices. It addresses areas related to the impact of rate increases and adequate disclosure of the terms and conditions of long-term care insurance policies.
We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. § 991.1112) 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. 02-400. Filed for public inspection March 8, 2002, 9:00 a.m.]
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