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PA Bulletin, Doc. No. 02-1945

RULES AND REGULATIONS

Title 34--LABOR
AND INDUSTRY

DEPARTMENT OF LABOR AND INDUSTRY

[34 PA. CODE CH. 129]

Correction to 34 Pa. Code § 129.1602

[32 Pa.B. 5415]

   On March 23, 2001, the Department of Labor and Industry delivered the Workers' Compensation Health and Safety final-form regulation to the Independent Regulatory Review Commission, the Senate Committee on Labor and Industry and the House Committee on Labor Relations. This regulation was deemed approved by the Senate Committee on Labor and Industry and the House Committee on Labor Relations on April 13, 2001, and was approved by the Independent Regulatory Review Commission on April 19, 2001. Thereafter, the regulation, containing an incorrect version of § 129.1602(6), was submitted to the Office of Attorney General and was reviewed and approved by the Office of Attorney General. On June 28, 2001, two copies of the Office of Attorney General-approved version were submitted to the office of the Pennsylvania Code and Bulletin. The Office of Attorney General-approved text was published in the Pennsylvania Bulletin on July 14, 2001.

   Under the direction of the Governor's Office of General Counsel, the Department of Labor and Industry has prepared this notice to reflect the version of § 129.1602(6) previously approved by the Independent Regulatory Review Commission and the Senate Committee on Labor and Industry and the House Committee on Labor Relations.

   The correct version of 34 Pa. Code § 129.1602 appears in Annex A, with ellipses referring to the existing text of the regulation.

   This notice has been reviewed and approved by the Secretary of the Department of Labor and Industry, the Office of General Counsel, the House Committee on Labor Relations, the Senate Committee on Labor and Industry, the Office of Attorney General and the Independent Regulatory Review Commission.

JOHNNY J. BUTLER,   
Secretary
Department of Labor and Industry

H. SCOTT ROY,   
Governor's Office of General Counsel

DAVID DEVRIES,   
Office of Attorney General

ROBERT J. FLICK,   
House Committee on Labor Relations

GIBSON E. ARMSTRONG,   
Senate Committee on Labor and Industry

ROBERT E. NYCE,   
Independent Regulatory Review Commission

Annex A

TITLE 34.  LABOR AND INDUSTRY

PART VIII.  BUREAU OF WORKERS' COMPENSATION

CHAPTER 129.  WORKERS' COMPENSATION HEALTH AND SAFETY

Subchapter H.  ORDER TO SHOW CAUSE/PENALTIES

§ 129.1602.  Order to show cause/penalties.

*      *      *      *      *

   (6)  In a proceeding under this section, the Department has the burden to demonstrate, upon a preponderance of the evidence, that the respondent has failed to comply with the act or related regulations.

*      *      *      *      *

[Pa.B. Doc. No. 02-1945. Filed for public inspection November 1, 2002, 9:00 a.m.]


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