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PA Bulletin, Doc. No. 03-1714


Notice of Comments Issued

[33 Pa.B. 4373]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the Committee comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg No. Agency/Title Close of the Public Comment Period IRRC Comments Issued
#6-286 State Board of Private Licensed Schools
General Provisions
(33 Pa.B. 2885 (June 21, 2003))
7/21/03 8/20/03

State Board of Private Licensed Schools
Regulation No. 6-286

General Provisions

August 20, 2003

   We submit for your consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The State Board of Private Licensed Schools (Board) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on July 21, 2003. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  73.51.  General requirements.--Clarity.

   Subsection (b) adds a requirement that persons who desire to operate a private licensed school ''shall attend a new school orientation seminar conducted by the Board . . . . '' It is not clear when and where these orientation seminars are held. For clarity, the Board should add language that states how often orientation seminars are held and the location of such seminars.

2.  73.54.  Surety.--Clarity.

   The new language proposed in Subsection (b)(5) is unrelated to the existing provisions under (b). We suggest that proposed (b)(5) be changed to become Subsection (c) and all subsequent subsections should be amended accordingly.

3.  73.151.  Fees.--Consistency with existing regulations; clarity.

   We have two concerns with Subsection (a)(1).

   First, the subsection begins, ''For an original school license or registration--$1,500 annually'' (Emphasis added). As written, this conflicts with the renewal school license fee schedule in Subsection (a)(3). It is our understanding that the Board intended this to mean that the original license fee only applies to the first year. After that, the biennial renewal fee in Subsection (a)(3) applies. The language should be amended in Subsection (a)(1) to clearly reflect the Board's intent.

   Second, this subsection contains the phrase, ''shall be accompanied by an additional new program approval fee.'' If the Board is referring to the fee charged in Subsection (b)(1) in its existing regulations, a cross-reference to the appropriate fee should be added to Subsection (a)(1).


[Pa.B. Doc. No. 03-1714. Filed for public inspection August 29, 2003, 9:00 a.m.]

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