RULES AND REGULATIONS
STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
[49 PA. CODE CH. 19]
Protest Proceedings
[36 Pa.B. 536] The State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) amends § 19.3 (relating to applicability of general rules) and adds §§ 19.31--19.38 (relating to protest proceedings).
Description and Need for Rulemaking
This final-form rulemaking adds §§ 19.31--19.38 to set forth procedural requirements for litigants to follow in vehicle protest matters before the Board. These procedural requirements supplement 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) (GRAPP).
Summary of Comments and Responses to Proposed Rulemaking
The Board published notice of proposed rulemaking at 35 Pa.B. 2408 (April 23, 2005) with a 30-day public comment period. The Board received no comments from any member of the public. The Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC) as part of their review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1--745.12). The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) as part of its review of proposed rulemaking under the Regulatory Review Act.
The HPLC first noted that § 19.3 states that §§ 19.31--19.38, regarding applicability of general rules, supplement the GRAPP. The HPLC suggested that the Board revise § 19.3 to make clear that §§ 19.31--19.38 apply solely to protest proceedings and not to disciplinary matters before the Board. The Board revised the proposed rulemaking accordingly. HPLC also ''ask[ed] the Board to ensure that the proposed procedural rules comport with the requirements of the Due Process Clause of the U. S. Constitution and the Pennsylvania Constitution, and that the right to be heard and the right to receive notice be preserved in the proposed rules.'' Although the Board does not believe that anything in this final-form rulemaking infringes upon the due process rights of any litigant, the Board will endeavor to assure that application of the provisions of this final-form rulemaking, together with the provisions of the Board of Vehicles Act (act) (63 P. S. §§ 818.1--818.37) and the GRAPP, does not result in any denial of due process.
IRRC commented that the term ''papers'' in § 19.31 (relating to filing of documents) lacks clarity and recommended that the Board replace it with the term ''documents.'' The Board revised this section accordingly.
IRRC also commented on § 19.36(c) (relating to pre- hearing statements), which provides that the failure to file a prehearing statement as required may subject a party to sanctions, including being precluded from presenting evidence. IRRC questioned under what circumstances the Board would impose sanctions and what other sanctions could be imposed. Because the Board has no authority to impose monetary sanctions in protest proceedings, it would be limited to sanctioning a litigant by precluding the litigant from presenting evidence or otherwise contesting issues. The Board anticipates that sanctions would be imposed when, due to its failure to timely file an adequate prehearing statement, the litigant has unfairly precluded an opponent from preparing to present, challenge or oppose evidence on specified issues.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The final-form rulemaking is adopted under sections 4(a)(9), 8, 11, 13 and 27 of the act (63 P. S. §§ 818.4(a)(9), 818.8, 818.11, 818.13 and 818.27).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 23, 2005, the Board submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 2408, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on December 13, 2005 the final-form rulemaking was approved by the HPLC. On January 4, 2006, the final-form rulemaking was deemed approved by SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 5, 2006, and approved the final-form rulemaking.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Teresa Woodall, Board Administrator, State Board of Vehicle Manufacturers, Dealers and Salespersons, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1697, st-vehicle@state.pa.us.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking is necessary and appropriate for the administration of the act.
(4) This final-form rulemaking does not enlarge the scope of proposed rulemaking published at 35 Pa.B. 2408.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 19, are amended by adding §§ 19.32--19.38 to read as set forth at 35 Pa.B. 2408; and by amending § 19.31 and adding § 19.31 to read as set forth in Annex A.
(b) The Board shall submit this order, 35 Pa.B. 2408 and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order, 35 Pa.B. 2408 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
EDWIN K. GALBREATH, Jr.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 362 (January 21, 2006).)
Fiscal Note: Fiscal Note 16A-608 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 19. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
GENERAL PROVISIONS § 19.3. Applicability of general rules.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) (General Rules), is applicable to the activities of and proceedings before the Board. Sections 19.31--19.38 (relating to protest proceedings) supplement the General Rules and apply solely to proceedings under sections 8(d), 13 and 27 of the act (63 P. S. §§ 818.8(d), 818.13 and 818.27).
PROTEST PROCEEDINGS § 19.31. Filing of documents.
(a) Place of filing. Every pleading and other document in a protest matter shall be filed with the prothonotary for the Department of State at One Penn Center, 2601 North Third Street, Post Office Box 2649, Harrisburg, PA 17105-2649.
(b) Copies. An original and one copy of each document shall be filed with the prothonotary. A copy of each document shall be served on each party to the protest. An additional copy of each document shall be served on the Board's counsel for protest matters (protest counsel) at One Penn Center, 2601 North Third Street, Post Office Box 2649, Harrisburg, PA 17105-2649.
[Pa.B. Doc. No. 06-178. Filed for public inspection February 3, 2006, 9:00 a.m.]
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