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PA Bulletin, Doc. No. 18-389

RULES AND REGULATIONS

Title 4—ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

[ 4 PA. CODE CH. 64 ]

Selections Committee

[48 Pa.B. 1499]
[Saturday, March 17, 2018]

 The Department of General Services (Department) rescinds Chapter 64 to read as set forth in Annex A.

 Chapter 64 provided the authority for the establishment of a Selection Committee to evaluate and hire design professionals for Department construction projects. The adoption of 62 Pa.C.S. (relating to Commonwealth Procurement Code) (code) in 1998 repealed the legislation under which Chapter 64 was promulgated and selections committees are now established under section 905(c)—(e) of the code (relating to procurement of design professional services). Chapter 64 is therefore obsolete.

Authority

 The statutory authority for this final-omitted rulemaking is sections 506 and 2401.1(20) of The Administrative Code of 1929 (71 P.S. §§ 186 and 631.1(20)) and section 204(3) of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. § 1204(3)), known as the Commonwealth Documents Law (CDL).

Omission of Proposed Rulemaking

 Public notice of intention to rescind Chapter 64 under the procedures in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) has been omitted for good cause as authorized under section 204(3) of the CDL because the Department finds that these procedures are, under the circumstances, unnecessary. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.

Purpose

 The purpose of this final-omitted rulemaking is to rescind obsolete regulations in Chapter 64.

 Section 2401.1(19) of The Administrative Code of 1929 provided the authority for the establishment of a Selection Committee to evaluate and hire design professionals for Department construction projects. The Department promulgated Chapter 64 at 11 Pa.B. 1318 (April 18, 1981) to provide for the procedures and basis for the Selection Committee until the enactment of the code in 1998.

 Section 5 of the act of May 15, 1998 (P.L. 358, No. 57), which enacted the code, expressly repealed section 2401.1(19) of The Administrative Code of 1929. As a result, the basis and authority for Chapter 64 no longer exists. Therefore, Chapter 64 is rescinded because it is obsolete.

Summary

 This final-omitted rulemaking rescinds obsolete regulations in Chapter 64.

Persons Likely to be Affected

 The rescission of the obsolete regulations in Chapter 64 should not affect any group or entity. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.

Fiscal Impact

 Because this final-omitted rulemaking only rescinds obsolete regulations, there will be no fiscal impact.

Paperwork Requirements

 This final-omitted rulemaking will not result in an increase in paperwork for any individuals or entities.

Effective Date

 The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.

Public Comment Period

 Public notice of intention to rescind the regulations under the procedures in sections 201 and 202 of the CDL has been omitted for good cause as authorized under section 204(3) of the CDL because the Department finds that these procedures are, under the circumstances, unnecessary. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.

Contact Person

 Individuals interested in further information may contact Mary W. Fox, Assistant Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17120, (717) 787-6789.

Regulatory Review

 Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on January 18, 2018, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Committees on State Government. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).

 Under section 5.1(j.2) of the Regulatory Review Act, on February 21, 2018, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 22, 2018, and approved the final-omitted rulemaking.

Findings

 The Department finds that:

 (1) Public notice of the Department's intention to rescind its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under section 204(3) of the CDL because public comment is unnecessary in that Chapter 64 is obsolete.

 (2) The amendment of the Department's regulations in the manner provided in this order is necessary and appropriate for the administration of the code.

Order

 The Department, acting under its authorizing statutes, orders that:

 (a) The regulations of the Department, 4 Pa. Code Chapter 64, are amended by deleting §§ 64.1—64.12 to read as set forth in Annex A.

 (b) The Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.

 (c) The Department shall submit this order and Annex A to IRRC and the House and Senate Committees as required by law.

 (d) The Department shall certify this order and Annex and deposit them with the Legislative Reference Bureau as required by law.

 (e) This order shall take effect upon publication in the Pennsylvania Bulletin.

CURTIS M. TOPPER, 
Secretary

 (Editor's Note: See 48 Pa.B. 1482 (March 10, 2018) for IRRC's approval order.)

 Fiscal Note: 8-22. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART III. DEPARTMENT OF GENERAL SERVICES

Subpart C. CONSTRUCTION AND PROCUREMENT

ARTICLE II. CONSTRUCTION

CHAPTER 64. (Reserved)

§§ 64.1—64.12. (Reserved).

[Pa.B. Doc. No. 18-389. Filed for public inspection March 16, 2018, 9:00 a.m.]


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