NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[39 Pa.B. 5279]
[Saturday, September 5, 2009]

 The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 20, 2009, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act—Effective August 19, 2009:

 Pennsylvania Gaming Control Board #125-99: Junkets; Slot Machines; and Practice and Procedures; Omnibus Amendments (amends 58 Pa. Code Chapters 439a, 461a, 463a, 465a and 499a)

Action Taken—Regulations Approved:

 Department of Labor and Industry #12-84: Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeals Board; Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Judges (amends 34 Pa. Code Chapters 111 and 131)

 Pennsylvania Gaming Control Board #125-97: Vendor Permission to Conduct Business Prior to Certification or Registration (amends 58 Pa. Code § 437a.9)

 Insurance Department #11-238: Annual Audited Insurers' Financial Report Required (amends 31 Pa. Code Chapter 147)

 Insurance Department #11-241: Military Sales Practices (adds 31 Pa. Code Chapter 146d)

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Approval Order

 Public Meeting held
August 20, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; Silvan B. Lutkewitte III, Abstained; John F. Mizner, Esq.

Department of Labor and Industry—Special Rules
of Administrative Practice and Procedure Before the
Workers' Compensation Appeals Board; Special Rules
of Administrative Practice and Procedure Before the
Workers' Compensation Judges;
Regulation No. 12-84 (#2721)

 On August 26, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapters 111 and 131. The proposed regulation was published in the September 6, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 13, 2009.

 This regulation amends Chapters 111 and 131 to clarify and provide additional guidance for practice and procedure before the Workers' Compensation Appeals Board, the Office of Adjudication, and workers' compensation judges. It addresses changes made in workers' compensation practice since the Rules were last reviewed and amended in 2002, including statutory amendments enacted in 2006.

 We have determined this regulation is consistent with the statutory authority of the Department found in the Workers' Compensation Act (77 P. S. §§ 710 and 991(a) and (c)) (c)) and The Administrative Code of 1929 (71 P. S. § 565), 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
August 20, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; Silvan B. Lutkewitte III, Abstained; John F. Mizner, Esq.

Pennsylvania Gaming Control Board—Vendor
Permission to Conduct Business Prior to
Certification or Registration;
Regulation No. 125-97 (#2748)

 On February 11, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code § 437a.9. The proposed regulation was published in the February 21, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 15, 2009.

 This regulation amends an existing provision to allow the Board's Bureau of Licensing to rescind the permission that allows unregistered or uncertified vendor applicants to temporarily do business with slot machine licensees.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 1321) 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
August 20, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; Silvan B. Lutkewitte III, Abstained; John F. Mizner, Esq.

Insurance Department—Annual Audited Insurers'
Financial Report Required;
Regulation No. 11-238 (#2740)

 On February 3, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 147. The proposed regulation was published in the February 14, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 20, 2009.

 This regulation updates existing Chapter 147 also known as the ''CPA Audit Rule.'' The chapter sets forth procedures and standards for certified public accountants performing annual audits of insurers' year-end financial statements. The intent of this rulemaking is to bring Chapter 147 into consistency with the 2006 amendments to the ''Annual Financial Reporting Model Regulation'' (Model Regulation 205) of the National Association of Insurance Commissioners.

 We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 66, 186, 411 and 412; and 40 P. S. §§ 443, 764a, 967, 991.2452, 1303.731, 1561, 1564, 1600.205, 1600.206, 3207, 3225, 6125, 6331 and 6701) 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
August 20, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; Silvan B. Lutkewitte III, Abstained; John F. Mizner, Esq.

Insurance Department—Military Sales Practices;
Regulation No. 11-241 (#2709)

 On July 18, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking adds 31 Pa. Code Chapter 146d. The proposed regulation was published in the August 2, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 20, 2009.

 This regulation establishes standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices.

 We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186, implementing the Unfair Insurance Practices Act) 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. 09-1669. Filed for public inspection September 4, 2009, 9:00 a.m.]

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