NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 4270]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 14, 2005, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective July 13, 2005

   Milk Marketing Board #47-11: Transactions Between Dealers and Customers; Dealer Inducements (amends 7 Pa. Code Chapter 145)

   State Board of Pharmacy #16A-5413: Examination Fees (amends 49 Pa. Code § 27.91)

Regulations Approved

   Department of Revenue #15-428: Raffle Lottery Games (adds 61 Pa. Code Chapter 874)

   Pennsylvania Public Utility Commission #57-230: Changing Local Service Providers (adds Subchapter M to 52 Pa. Code Chapter 63)

   State Registration Board for Professional Engineers, Land Surveyors and Geologists #16A-478: Biennial Renewal Fees and Examination Fees (amends 49 Pa. Code § 37.17)

   State Real Estate Commission #16A-5610: Reciprocal License (amends 49 Pa. Code Chapter 35)

Approval Order

Public Meeting held
July 14, 2005

Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson, by phone; John F. Mizner, Esq.; Murray Ufberg, Esq.

Department of Revenue--Raffle Lottery Games;
Regulation No. 15-428

   On May 19, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking adds 61 Pa. Code Chapter 874. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation adds a chapter to establish procedures for creating and administering on-line raffle lottery games.

   We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 3761-303(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
July 14, 2005

Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson, by phone; John F. Mizner, Esq.; Murray Ufberg, Esq.

Pennsylvania Public Utility Commission--Changing Local Service Providers; Regulation No. 57-230

   On March 18, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds Subchapter M to 52 Pa. Code Chapter 63. The proposed regulation was published in the April 3, 2004 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on May 23, 2005.

   This regulation establishes procedures for local telephone service providers to follow when a customer switches to a new local service provider. This regulation will apply to all local service providers and network service providers operating in Pennsylvania.

   We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. §§ 501(b) and 1501) 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
July 14, 2005

Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson, by phone; John F. Mizner, Esq.; Murray Ufberg, Esq.

State Registration Board for Professional Engineers, Land Surveyors and Geologists--Biennial Renewal Fees and Examination Fees; Regulation No. 16A-478

   On December 22, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Registration Board for Professional Engineers, Land Surveyors and Geologists. This rulemaking amends 49 Pa. Code Section 37.17. The proposed regulation was published in the January 8, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 10, 2005.

   This regulation raises the biennial license renewal fee from $25 to $50 for professional engineers, professional land surveyors and professional geologists effective for the October 1, 2005 license renewal. It also deletes the examination fees for all three license classes since these fees are now established by contract with independent testing organizations and are paid directly to the testing organizations.

   We have determined this regulation is consistent with the statutory authority of the State Registration Board for Professional Engineers, Land Surveyors and Geologists (63 P. S. §§ 151(e) and 156(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
July 14, 2005

Commissioners Voting: Arthur Coccodrilli, Acting Chairperson; John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson, by phone; John F. Mizner, Esq.; Murray Ufberg, Esq.

State Real Estate Commission--Reciprocal License; Regulation No. 16A-5610

   On August 23, 2004, 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 September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 10, 2005.

   This final-form regulation implements Act 58 of 2003 which gave the State Real Estate Commission the authority to enter into reciprocal licensure agreements with other states. Any person who holds a current real estate license in a state whose licensure standards are substantially comparable to Pennsylvania's or is from a state that has agreed to grant licensure to Pennsylvania applicants without restriction is eligible for a reciprocal license.

   We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. § 455.404) 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. 05-1455. Filed for public inspection July 29, 2005, 9:00 a.m.]

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