NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[39 Pa.B. 104]
[Saturday, January 3, 2009]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 18, 2008, and announced the following:
Action Taken--Regulations Approved:
State Board of Education #6-315: Disciplinary Placements (amends 22 Pa. Code Chapter 14)
Pennsylvania Liquor Control Board #54-65: Promotion of Sale of Liquor by Vendors (amends 40 Pa. Code Chapter 13)
State Board of Cosmetology #16A-4514: General Revisions (amends 49 Pa. Code Chapter 7)
State Board of Funeral Directors #16A-4817: Renewal Fee (amends 49 Pa. Code Chapter 13)
State Athletic Commission #16-41: Mixed Martial Arts (adds Pa. Code Chapter 29)
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Approval Order Public Meeting held
December 18, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by phone; Karen A. Miller
State Board of Education--
Disciplinary Placements;
Regulation No. 6-315 (#2730)On October 27, 2008, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 14. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation corrects a typographical citation error, in order to keep the regulation aligned with relevant case law.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. §§ 13-1372 and 26-2603-B) 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 18, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by phone; Karen A. Miller
Pennsylvania Liquor Control Board--
Promotion of Sale of Liquor by Vendors;
Regulation No. 54-65 (#2714)On August 7, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapter 13. The proposed regulation was published in the August 23, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 27, 2008.
This regulation creates a sub-category of stock merchandise, known as ''luxury items.'' These are varieties of wine and spirits that are in short supply or high demand, as may be determined by the Board.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) 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 18, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by phone; Karen A. Miller
State Board of Cosmetology--
General Revision;
Regulation No. 16A-4514 (#2628)On August 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code Chapter 7. The proposed regulation was published in the August 25, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 3, 2008.
The regulation implements changes made to the Cosmetology Law (Law) by Act 99 of 2006 (Act 99), as well as generally updates the regulations to strengthen safety and sanitation requirements and to reflect current processes and practices.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 517) 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
December 18, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by phone; Karen A. Miller; John F. Mizner, Esq., by phone
State Board of Funeral Directors--
Renewal Fee;
Regulation No. 16A-4817 (#2605)On April 11, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code Chapter 13. The proposed regulation was published in the April 21, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 3, 2008.
This regulation amends the fee schedule for the State Board of Funeral Directors to increase the biennial renewal fee.
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.
____
Approval Order Public Meeting held
December 18, 2008Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by phone; Karen A. Miller; John F. Mizner, Esq., by phone
State Athletic Commission--
Mixed Martial Arts;
Regulation No. 16-41 (#2694)On April 24, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Athletic Commission. This rulemaking adds Pa. Code Chapter 29. The proposed regulation was published in the May 10, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2008.
This final-form regulation establishes rules for amateur and professional mixed martial arts competitions.
We have determined this regulation is consistent with the statutory authority of the State Athletic Commission (5 Pa.C.S. §§ 103(b)(1) and 302) 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.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 09-30. Filed for public inspection January 2, 2009, 9:00 a.m.]
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