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PA Bulletin, Doc. No. 10-2193




[ 49 PA. CODE CH. 43b ]

Schedule of Civil Penalties—Audiologists, Speech-Language Pathologists and Teachers of the Hearing Impaired

[40 Pa.B. 6663]
[Saturday, November 20, 2010]

 The Commissioner of Professional and Occupational Affairs (Commissioner) rescinds § 43b.16 and replaces it with § 43b.16a (relating to schedule of civil penalties—audiologists, speech-language pathologists and teachers of the hearing impaired).

Effective Date

 The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

Statutory Authority

 Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48) (63 P. S. § 2205(a)) authorizes the Commissioner, after consultation with licensing boards and commissions in the Bureau of Professional and Occupational Affairs (Bureau), to promulgate regulations setting forth a schedule of civil penalties, guidelines for their imposition and procedures for appeal for: (1) operating without a current and valid license, registration, certificate or permit; and (2) violating an act or regulation of a licensing board or commission relating to the conduct or operation of a business or facility licensed by the board or commission.

Summary of Comments and Responses on Proposed Rulemaking

 Notice of proposed rulemaking published at 40 Pa.B. 2263 (May 1, 2010) was followed by a 30-day public comment period during which the Bureau did not receive public comments. The Independent Regulatory Review Commission (IRRC) did not have objections, comments or recommendations to offer on this final-form rulemaking. The Senate Consumer Protection and Professional Licensing Committee (SCP/PLC) did not comment. The House Professional Licensure Committee (HPLC) commented that it would not take formal action ''until final regulations are promulgated.'' The State Board of Examiners in Speech-Language and Hearing (Board) subsequently voted to approve the final-form rulemaking at its July 9, 2010, meeting.

Fiscal Impact and Paperwork Requirements

 The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions and reduces the paperwork requirements of both the Commonwealth and the regulated community by eliminating the need for orders to show cause, answers, consent agreements and adjudications/orders for those violations subject to the Act 48 citation process.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 2010, the Commissioner submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 2263, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Commissioner considered all comments from IRRC, the HPLC, the SCP/PLC and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 28, 2010, the final-form rulemaking was approved by HPLC. On October 20, 2010, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC, effective October 21, 2010.

Sunset Date

 The Board continually monitors the effectiveness of its regulations. As a result, a sunset date has not been assigned.

Contact Person

 Individuals who need information about the final-form rulemaking should contact Sandra Matter, Board Administrator, State Board of Examiners in Speech-Language and Hearing, P. O. Box 2649, Harrisburg, PA 17105-2649,


 The Commissioner finds that:

 (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided as required by law and no comments were received.

 (3) The final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 40 Pa.B. 2263.

 (4) The final-form rulemaking adopted by this order is necessary and appropriate for administering and enforcing the authorizing act identified in Part B of this preamble.


 The Commissioner, acting under the authority of Act 48, orders that:

 (a) The regulations of the Commissioner, 49 Pa. Code Chapter 43b, are amended by deleting § 43b.16 and by adding § 43b.16a to read as set forth at 40 Pa.B. 2263.

 (b) The Commissioner shall submit this order and 40 Pa.B. 2263 to the Office of General Counsel and to the Office of Attorney General for approval as required by law.

 (c) The Commissioner shall certify this order and 40 Pa.B. 2263 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect on publication in the Pennsylvania Bulletin.


 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 6487 (November 6, 2010).)

Fiscal Note: Fiscal Note 16A-6804 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-2193. Filed for public inspection November 19, 2010, 9:00 a.m.]

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