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PA Bulletin, Doc. No. 10-1134


Notice of Comments Issued

[40 Pa.B. 3473]
[Saturday, June 19, 2010]

 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 public 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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 PeriodIRRC Comments Issued
15-448 Department of Revenue
Personal Income Tax—
 Innocent Spouse  Relief
40 Pa.B. 1916
(April 10, 2010)
5/10/10 6/9/10


Department of Revenue
Regulation #15-448 (IRRC #2829)

Personal Income Tax—
Innocent Spouse Relief

June 9, 2010

 We submit for your consideration the following comments on the proposed rulemaking published in the April 10, 2010 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Department of Revenue (Department) to respond to all comments received from us or any other source.

Implementation Procedures.

 In a letter dated April 19, 2010, Representative Samuel Rohrer, Republican Chairman of the House Finance Committee, commented with two concerns. First, he requests further clarification from the Department regarding the seven year delay of these regulations relating to Act 87 of 2002. Second, he asks for further explanation regarding how often the Department chooses to utilize policies rather than regulations via the regulatory process. We request that the Department provide a detailed response to these concerns with the submittal of the final-form regulation.


[Pa.B. Doc. No. 10-1134. Filed for public inspection June 18, 2010, 9:00 a.m.]

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