NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 6428] The Independent Regulatory Review Commission met publicly at 10:30 a.m. on Thursday, December 12, 2002, and announced the following:
Actions Taken--Regulations Approved:
Department of Public Welfare #14-480: Invoicing for Services (amends 55 Pa. Code Chapter 1101)
Department of Agriculture #2-140: Aquaculture Development Plan (adds 7 Pa. Code Chapter 106)
Deputy Sheriffs' Education and Training Board #35-28: Deputy Sheriffs' Education and Training Board (amends 37 Pa. Code Chapter 421)
Insurance Department #11-146: Public Adjuster Contracts and Licensing (amends 31 Pa. Code Chapter 115)
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Approval Order Public Meeting held
December 12, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Department of Public Welfare--Invoicing for Services; Regulation No. 14-480
On November 4, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 1101. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation specifies the time frame nursing facility providers and intermediate care facilities for the mentally retarded providers have to submit original invoices. It also amends the time frame these facilities have to submit claim adjustments and resubmit rejected claims. The amendments will make the time frames consistent with other Medical Assistance provider types.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 201(2)) 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
December 12, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Department of Agriculture--Aquaculture Development Plan; Regulation No. 2-140
On May 3, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking adds Chapter 106 to 7 Pa. Code. The proposed regulation was published in the May 18, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 4, 2002.
This regulation establishes Pennsylvania's Aquaculture Development Plan. Mandated by Act 94 of 1998, the regulation establishes seven programs designed to promote and encourage development of Pennsylvania's aquaculture industry.
We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S. §§ 4201--4223) 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
December 12, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Deputy Sheriffs' Education and Training Board--Deputy Sheriffs' Education and Training Board; Regulation No. 35-28
On January 25, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Deputy Sheriffs' Education and Training Board (Board). This rulemaking amends 37 Pa. Code Chapter 421. The proposed regulation was published in the February 10, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 7, 2002.
This final-form regulation expands the scope of the basic training curriculum required for newly hired deputy sheriffs. The Board intends to increase the basic training course from 560 hours to 760 hours. The regulation, mandated by Act 10 of 1998, includes curriculum such as motor vehicle code enforcement, patrol procedures and investigative techniques. Through the expanded basic training, the Board will enable deputy sheriffs to exercise broader powers of arrest.
We have determined this regulation is consistent with the statutory authority of the Board (71 P. S. §§ 2104--2106) 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
December 12, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Insurance Department--Public Adjuster Contracts and Licensing; Regulation No. 11-146
On January 23, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 115. The proposed regulation was published in the February 2, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 7, 2002.
This final-form rulemaking amends Chapter 115, which regulates the licensing and conduct of public adjusters and public adjuster solicitors. These amendments include: deleting a number of terms; revising the cancellation notice; clarifying the insured's right to cancel the contract; deleting sections found in the act; eliminating references to prior effective dates; and formalizing the Department's policy with respect to licensing of public adjusters and public adjuster solicitors.
We have determined this regulation is consistent with the statutory authority of the Department (63 P. S. § 1608) 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. 02-2330. Filed for public inspection December 27, 2002, 9:00 a.m.]
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