Notice of Comments Issued
[31 Pa.B. 4505]
Section 5(d) and (g) of the Regulatory Review Act (71 P. S. § 745.5(d) and (g)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in subsection 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).
The Commission issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulations. The final-form regulations must be submitted by the date indicated.
Final-form Submission Reg. No. Agency/Title Issued Deadline 16A-424 State Board of Barber
07/26/01 06/25/03 Standards for
(31 Pa.B. 2686 (May 26, 2001)
16A-602 State Board of Vehicle Manufacturers, Dealers and Salespersons 07/26/01 06/25/03 General Revisions (31 Pa.B. 2691 (May 26, 2001))
State Board of Barber Examiners Regulation
Standards for Disinfection and Sanitation
July 26, 2001
We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Barber Examiners (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by June 25, 2003, the regulation will be deemed withdrawn.
1. Section 3.55. Maintenance and sanitation.--Clarity.
Subsection (f) appears to be inconsistent with the change made to section 3.54(8) in which the Board eliminated the requirement for soiled towels to be placed in a ''covered'' receptacle. Subsection (f), still requires used towels to be ''discarded in a closed receptacle. . . .'' The Board should remedy this inconsistency in the final-form regulation.
2. Section 3.61. Out-of-shop services.--Clarity.
Paragraph (4) of this section requires out-of-shop services be held to the same sanitary requirements as services rendered inside the shop. This paragraph is being deleted. The licensed barber is using the same equipment for out-of-shop services that has to meet certain sanitation requirements under section 3.55(c). What is the Board's reasoning for the deletion of paragraph (4)? If the Board deletes paragraph (4), should it be replaced with a cross-reference to section 3.55(c)?
3. Section 3.71. Curriculum.--Clarity.
For clarity, the subject listings should be consistently plural or singular.
4. Section 3.86. Maintenance and sterilization.--Clarity.
To be consistent with the changes proposed by the Board to the title of section 3.55 relating to ''Maintenance and sanitation,'' the Board should amend the title of this section by replacing the word ''sterilization'' with the word ''sanitation.''
5. Consistency with statute.--Clarity.
The House Professional Licensure Committee has recommended that the regulatory language be consistent with the statutory language when referring to the licensure categories of ''barber-teacher'' and ''manager-barber.'' We agree. For example, sections 3.12 and 3.72(b) refer to ''teacher'' instead of the statutory language of ''barber-teacher.'' Also, sections 3.22, 3.41 and 3.72(b) refer to ''barber-manager'' rather than the statutory language of ''manager-barber.''
State Board of Vehicle Manufacturers, Dealers
and Salespersons Regulation No. 16A-602
July 26, 2001
We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by June 25, 2003, the regulation will be deemed withdrawn.
1. Section 19.2. Definitions.--Clarity.
The Board is deleting definitions from section 19.2 that are defined in the statute. For clarity, we suggest adding a reference to 63 P. S. § 818.2 (relating to definitions) for those terms that appear in Chapter 19.
The proposed amendments would retain this term. However, we have not found this term used in Chapter 19. If the term is not used, it should be deleted.
Interest in vehicles
The Board explains in the Preamble that the term ''interest in vehicles'' is being defined in the regulation to clarify its use in the statutory definition of ''dealer'' in 63 P. S. § 818.2. However, the wording of the regulation does not convey this intent. For clarity, we suggest adding language and a reference to the regulation relating the term ''interest in vehicles'' to the statutory definition of ''dealer.''
Salesperson and vehicle
The terms ''salesperson'' and ''vehicle'' are defined in 63 P. S. § 818.2. However, the regulation continues to use the terms ''salesman,'' ''vehicle salesperson'' and ''motor vehicle.'' Specifically, the list of sections at the beginning of Chapter 19 uses the term ''salesman's''; the term ''vehicle salesperson'' appears in sections 19.4, 19.11 and 19.12, and in the title preceding section 19.11; and the term ''motor vehicle'' continues to appear in section 19.22. The Board should review these provisions and use the new statutory terms ''salesperson'' and ''vehicle.''
2. Section 19.18. Established place of business for dealers.--Clarity.
In subsection (a)(3)(i), the phrase ''unless the Act provides otherwise'' is vague. If the Act provides otherwise, the Board should include it in the regulation or specifically reference the provision of the Act which supercede the regulation.
3. Section 19.22. Investigation.--Clarity.
The Board explained that existing paragraphs (1)--(8) and (18)--(22) will be deleted because they are in the Act. The House Professional Licensure Committee suggested adding language to notify licensees of acts prohibited by statute in addition to those listed in the regulation. We agree. For clarity, we suggest adding a reference to the statutory provisions in 63 P. S. § 818.19. This would give a licensee more complete notice of all prohibited actions.
JOHN R. MCGINLEY, Jr.,
[Pa.B. Doc. No. 01-1475. Filed for public inspection August 10, 2001, 9:00 a.m.]
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