NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[41 Pa.B. 118]
[Saturday, January 1, 2011]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 16, 2010, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act—Effective November 30, 2010:
Insurance Department #11-245: Property and Casualty Actuarial Opinion (amends 31 Pa. Code Chapter 118a)
Insurance Department #11-244: Actuarial Opinion and Memorandum (amends 31 Pa. Code Chapter 84b)
Insurance Department #11-246: Recognition of the 2001 CSO Mortality Table and the 2001 CSO Preferred Class Structure Mortality Table For Use in Determining Minimum Reserve Liabilities (amends 31 Pa. Code Chapter 84d)
Insurance Department #11-247: Valuation of Life Insurance Policies (amends 31 Pa. Code Chapter 84c)
Action Taken—Regulations Approved:
Department of Revenue #15-450: Amendments to Pennsylvania Gaming Cash Flow Management (amends 61 Pa. Code Chapter 1001)
Insurance Department #11-240: Education and Training for Applicants and Insurance Producers (deletes 31 Pa. Code Chapter 39 and replaces it with Chapter 39a)
Department of Labor and Industry #12-74: Unemployment Compensation; Employee Provisions (amends 34 Pa. Code Chapter 65)
Department of Labor and Industry #12-78: Unemployment Compensation; Administration (amends 34 Pa. Code Chapter 61)
State Registration Board for Professional Engineers, Land Surveyors and Geologists #16A-4710: Continuing Education (amends 49 Pa. Code Chapter 37)
Department of State, Bureau of Professional and Occupational Affairs #16-43: Schedule of Civil Penalties—Engineers, Land Surveyors and Geologists (amends 49 Pa. Code Chapter 43b)
State Board of Chiropractic #16A-4318: Continuing Education Violations (amends 49 Pa. Code § 5.77)
Department of State #16-44: Schedule of Civil Penalties—Chiropractors (amends 49 Pa. Code § 43b.22)
Department of Agriculture #2-160: Milk Sanitation (rescinds 7 Pa. Code Chapter 59 and replaces it with a new Chapter 59a)
____
Approval Order Public Meeting held
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of Revenue—
Amendments to Pennsylvania Gaming
Cash Flow Management;
Regulation No. 15-450 (#2882)On November 3, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 1001. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking amends the Department's Gaming Cash Flow Management regulations to allow for the administration and distribution of gross table game revenue.
We have determined this regulation is consistent with the statutory authority of the Department (4 Pa.C.S.A. § 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
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Insurance Department—
Education and Training for Applicants
and Insurance Producers;
Regulation No. 11-240 (#2812)On December 14, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code Chapter 39 and replaces it with Chapter 39a. The proposed regulation was published in the December 26, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 9, 2010.
This rulemaking establishes new training requirements for insurance producers and insurers writing long term care insurance and insurance producers selling flood insurance. It also clarifies existing training and education requirements for insurance producers.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186 and 40 P. S. §§ 310.4, 310.8 and 310.98) 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 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of Labor and Industry—
Unemployment Compensation; Employee Provisions;
Regulation No. 12-74 (#2846)On May 10, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 65. The proposed regulation was published in the May 22, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 9, 2010.
This rulemaking updates the Department's existing regulations, pertaining to employee provisions for unemployment compensation, to conform to current law and practice.
We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. § 761(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
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of Labor and Industry—
Unemployment Compensation; Administration;
Regulation No. 12-78 (#2847)On May 10, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 61. The proposed regulation was published in the May 22, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 9, 2010.
This rulemaking updates the Department's existing regulations, pertaining to administration of unemployment compensation, to conform to current law and practice.
We have determined this regulation is consistent with the statutory authority of the Department of Labor and Industry (43 P. S. § 761(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
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
State Registration Board for Professional Engineers, Land Surveyors and Geologists—Continuing Education;
Regulation No. 16A-4710 (#2762)On April 22, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board). This rulemaking amends 49 Pa. Code Chapter 37. The proposed regulation was published in the May 2, 2009 Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on September 3, 2010, but was disapproved by the Commission on October 7, 2010. The Board resubmitted the final-form regulation with changes to the Commission on November 24, 2010.
This regulation establishes continuing education requirements for licensees of the Board as set forth by Engineer, Land Surveyor and Geologist Registration Law, as amended by Act 25 of 2010.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 151(l)) 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 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of State; Bureau of Professional
and Occupational Affairs—
Schedule of Civil Penalties—Engineers,
Land Surveyors and Geologists;
Regulation No. 16-43 (#2764)On April 22, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of State (Department). This rulemaking amends 49 Pa. Code Chapter 43b. The proposed regulation was published in the May 2, 2009 Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on September 3, 2010, but was disapproved by the Commission on October 7, 2010, at the request of the Department's counsel, given that the companion Regulation #16A-4710 (IRRC #2762) had been disapproved at the same public meeting. The Department resubmitted the final-form regulation without changes to the Commission on November 24, 2010.
This final regulation would establish a civil penalty schedule for violations of the continuing education requirements of the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board). This regulation is the companion piece to Regulation #16A-4710 (IRRC #2762) from the Board entitled: ''Continuing Education.''
We have determined this regulation is consistent with the statutory authority of the Department (63 P. S. §§ 2205(a), 151(g) and 158(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.
____
Approval Order Public Meeting held
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
State Board of Chiropractic—
Continuing Education Violations;
Regulation No. 16A-4318 (#2792)On September 11, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Chiropractic (Board). This rulemaking amends 49 Pa. Code § 5.77. The proposed regulation was published in the September 26, 2009 Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on September 3, 2010, but was disapproved by the Commission on October 7, 2010. The Department resubmitted the final-form regulation with changes to the Commission on November 24, 2010.
This regulation clarifies the course of action the Board will take against a licensee who fails to comply with the continuing education provisions in the Chiropractic Practice Act (63 P. S. § 625.507(a)).
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 625.302(3))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 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of State—
Schedule of Civil Penalties—Chiropractors;
Regulation No. 16-44 (#2791)On September 11, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of State (Department). This rulemaking amends 49 Pa. Code § 43b.22. The proposed regulation was published in the September 26, 2009 Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on September 3, 2010, but was disapproved by the Commission on October 7, 2010, at the request of the Department's counsel, given that the companion Regulation #16A-4318 (IRRC #2792) had been disapproved at the same public meeting. The Department resubmitted the final-form regulation without changes to the Commission on November 24, 2010.
This final regulation establishes a civil penalty schedule for violations of the continuing education requirements of the State Board of Chiropractic (Board). This regulation is the companion piece to Regulation #16A-4318 (IRRC # 2792) from the Board entitled: ''Continuing Education Violations.''
We have determined this regulation is consistent with the statutory authority of the Department (63 P. S. § 2205(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
December 16, 2010Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; S. David Fineman, Esq.; John F. Mizner, Esq.
Department of Agriculture—
Milk Sanitation;
Regulation No. 2-160 (#2777)On July 21, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking rescinds 7 Pa. Code Chapter 59 and replaces it with a new Chapter 59a. The proposed regulation was published in the August 1, 2009 Pennsylvania Bulletin with a 60-day public comment period. At its October 7, 2010 public meeting, the Commission voted to disapprove the final-form regulation. On November 22, 2010, the Department submitted its report containing the revised final-form regulation to the Commission.
This final-form rulemaking reflects developments in the dairy industry, brings Pennsylvania's sanitation standards into alignment with federal standards and requirements, and consolidates and updates provisions addressing the production of raw milk for human consumption.
We have determined this regulation is consistent with the statutory authority of the Department (31 P. S. § 660(c) and 31 P. S. § 20.13) 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.
SILVAN B. LUTKEWITTE, III,
Chairperson
[Pa.B. Doc. No. 11-23. Filed for public inspection December 30, 2010, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
