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PA Bulletin, Doc. No. 22-1994

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[52 Pa.B. 8009]
[Saturday, December 24, 2022]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 8, 2022, and announced the following:

Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective November 16, 2022

 Department of Human Services # 14-549: Interrelationship of Providers (rescinds § 1101.51(c)(3), which prohibits providers that share space from enrolling in the Medical Assistance program)

 Liquor Control Board # 54-96: Promotion with Licensees (amends Title 40, Part I, Chapter 13 by revising Sections 13.81 and 13.231 (relating to samples of liquor; general provisions) to clarify liquor promotions requirements, expand the monthly amount of liquor that can be used for promotion, and adjusts the cost of promotional product to be consistent with the Liquor Code)

Actions Taken—Regulations Approved:

 State Board of Vehicle Manufacturers, Dealers, and Salespersons # 16A-6015: Fee Increase (amends 49 Pa. Code § 19.4)

 PA Human Relations Commission # 52-013: Protected Classes (amends 16 Pa. Code Chapter 41 by adding new Subchapter D (relating to protected classes))

____

Approval Order

Public Meeting Held
December 8, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Board of Vehicle Manufacturers, Dealers and Salespersons—
Fee Increase
Regulation No. 16A-6015 (# 3305)

 On May 26, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking amends 49 Pa. Code § 19.4. The proposed regulation was published in the June 12, 2021 Pennsylvania Bulletin with a public comment period ending on July 12, 2021. The final-form regulation was submitted to the Commission on October 26, 2022.

 This regulation increases, on a graduated basis, the application and biennial renewal fees for vehicle salespersons, manufacturer or distributor representatives, manufacturers, manufacturer or distributor branches, distributors, dealers, auctions and dealer branch lots.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. 818.302(a)(9) and 818.330(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 8, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Dissenting; John J. Soroko, Esq., Dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Human Relations Commission—
Protected Classes
Regulation No. 52-13 (# 3339)

 On March 23, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Human Relations Commission (PHRC). This rulemaking amends 16 Pa. Code Chapter 41 by adding new Subchapter D (relating to protected classes). The proposed regulation was published in the April 9, 2022 Pennsylvania Bulletin with a public comment period ending on May 9, 2022. The final-form regulation was submitted to the Commission on October 18, 2022.

 This rulemaking creates a new Subchapter relating to religious creed discrimination, sex discrimination and race discrimination. It defines the terms ''religious creed,'' ''sex,'' and ''race'' as used in the Pennsylvania Human Relations Act (43 P.S. §§ 951—963) and the Pennsylvania Fair Educational Opportunities Act (24 P.S. §§ 5001—5010).

 We have determined this regulation is consistent with the statutory authority of the PHRC (43 P.S. §§ 957(d) and 959(g)) 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.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 22-1994. Filed for public inspection December 23, 2022, 9:00 a.m.]



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