§ 301.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act—The Regulatory Review Act (71 P.S. § § 745.1—745.14).
Agency—As defined in section 3 of the act (71 P.S. § 745.3).
Blackout period—The 48-hour period immediately preceding the call to order of the public meeting.
CDL—Commonwealth Documents Law—The act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. § § 1102 and 1201—1208) and 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents).
Comments—Written statements delivered to the agency or Commission supporting, opposing or recommending changes to a final, proposed or existing regulation which is subject to review by the Commission. Comments do not include previously published or copyrighted material.
Commission comments—Objections, recommendations, statements or questions relating to a proposed regulation issued by the Commission in accordance with section 5(g) of the act (71 P.S. § 745.5(g)).
Commission—The Independent Regulatory Review Commission.
Committee—As defined in section 3 of the act.
Committee action—Approval or disapproval of a regulation, or notice that the committee intends to review the regulation under section 5.1(j.2) of the act (71 P.S. § 745.5.a(j.2)); or reporting of a concurrent resolution under section 7(d) of the act (71 P.S. § 745.7(d)), within the time allotted by the act.Commonwealth Attorneys Act—The act of October 15, 1980 (P.L. 950, No. 164) (71 P.S. § § 732-101—732-506).
Deemed approved by the Commission—The approval of a regulation by the Commission by operation of law when the Commission has not approved or disapproved the regulation, in accordance with section 5.1(e) of the act. The approval of an agency report by operation of law when the Commission has not approved or disapproved the agency report, in accordance with section 7(c.1) of the act.
Deemed approved by a committee—The approval of a regulation by a committee by operation of law when the committee has not taken action on a regulation under section 5.1(j.2) or 7(d) of the act.
Delivery—(i) The deposit of regulations, correspondence or other documents with the Commission or committees through postal or other delivery service, hand delivery, email or facsimile.
(ii) The deposit of orders, Commission comments, public comments, correspondence or other documents with agencies, committees or persons through postal or other delivery service, hand delivery, e-mail or facsimile.
Embargoed material—(i) Comments pertaining to a regulation on the agenda for the Commission’s public meeting delivered during the blackout period by anyone, except comments from the agency or members of the General Assembly and their staffs.
(ii) The term does not include comments submitted by any person at the request of the Commission.
End of the legislative session—The adjournment sine die or the expiration of the regular legislative session in an even-numbered year.
Existing regulation—An enforceable regulation codified in the Pennsylvania Code.
Face sheet—A form accompanying a regulation for filing documents with the LRB, completed in accordance with the regulations of the Joint House Committee on Documents. See 1 Pa. Code § 13.12 (relating to requirements as to form and size).
Final regulation—A final-form or final-omitted regulation.
Final-form regulation—As defined in section 3 of the act.
Final-omitted regulation—As defined in section 3 of the act.
Form letters—Letters which contain verbatim text.
LRB—The Legislative Reference Bureau of the Commonwealth.
Order—The statement of the Commission’s findings and action on a final regulation, which is not subject to appeal.
Preamble—A part of the regulatory package that provides information about the following:(i) A proposed regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, a description of the amendments to the regulation, fiscal impact, contact person and details regarding the public comment period.
(ii) A final regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, a description of any amendments made from the proposed stage, fiscal impact, contact person and a response to all comments received, unless that response is provided in a separate document.
(iii) A final-omitted regulation that includes the effective date, statutory authority, purpose and explanation of the regulation, legal authority for omitting the proposed stage, a description of any amendments to the regulation, fiscal impact and contact person.
Promulgate—As defined in section 3 of the act.
Proposed regulation—As defined in section 3 of the act.
Public meeting—The scheduled meeting of the Commission conducted in accordance with the Sunshine Act.
Regulation—As defined in section 3 of the act.
Regulatory analysis form—The document accompanying a regulation that contains the information required under section 5(a) of the act.
Regulatory review criteria—The criteria delineated in section 5.2(a) and (b) of the act.
Sunshine Act—65 Pa.C.S. § § 701—716.
Transmittal sheet—The form accompanying a regulation which lists the regulation number, the title of the regulation, the agency promulgating the regulation, the type of regulation, the date of delivery and the signatures of the persons receiving the regulation on behalf of the committees, the Commission, the Attorney General (for proposed and final-omitted regulations) and the LRB (for proposed regulations).
Web site—The Commission’s web site at www.irrc.state.pa.us.
Withdrawal—As defined in section 3 of the act.
Source The provisions of this § 301.1 amended March 26, 2004, effective March 27, 2004, 34 Pa.B. 1681; amended November 2, 2007, effective November 3, 2007, 37 Pa.B. 5886; amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330901) to (330903).
Cross References This section cited in 1 Pa. Code § 305.1 (relating to delivery of a proposed regulation); 1 Pa. Code § 307.2 (relating to delivery of a final-form regulation); and 1 Pa. Code § 307.3 (relating to delivery of a final-omitted regulation).
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