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PA Bulletin, Doc. No. 98-908



Resolution 1998-1

[28 Pa.B. 2629]

   Whereas, the Joint Committee on Documents is mandated by the Commonwealth Documents Law, 45 Pa.C.S. § 501 et seq., to administer the statute ''. . . with a view toward encouraging the widest possible dissemination of documents among the persons affected thereby which is consistent with the due administration of public affairs''; and

   Whereas, the Joint Committee on Documents has determined that, in certain cases where regulations must be modified because of a court order or change in an applicable statute or in Federal regulation, notice of these modifications should be published in the Pennsylvania Bulletin; and

   Whereas, the Joint Committee on Documents adopted Resolution 1988-1 as published at 18 Pa.B. 1392 on March 26, 1988, Resolution 1990-1 as published at 20 Pa.B. 1615 on March 17, 1990, Resolution 1992-1 as published at 22 Pa.B. 1816 on April 11, 1992, Resolution 1994-1 as published at 24 Pa.B. 2347 on April 30, 1994, and Resolution 1996-1 as published at 26 Pa.B. 2374 on May 18, 1996, which granted the Secretary of Public Welfare the authority to publish information about these mandatory changes; and

   Whereas, the Joint Committee on Documents has determined that Resolutions 1988-1, 1990-1, 1992-1, 1994-1 and 1996-1 should be clarified and reauthorized.

   Now, therefore, be it known by Resolution of the Joint Committee on Documents that:

   1.  The Secretary of Public Welfare is encouraged to provide predictability, access and accountability to the policies and practices of the Department.

   2.  Notice of any change, including amendment or suspension to any Department regulation which is required by Commonwealth or Federal statutes, regulation, court order or consent decree submitted by the Department to the Legislative Reference Bureau shall be published in the Pennsylvania Bulletin. This notice shall address the following information at a minimum:

   a.  The changes to the affected regulation with appropriate introductory language to indicate that the affected sections and standards will be included in Annex A to the final rulemaking.

   b.  A citation to any regulation which is affected by the change, and a citation to the relevant statute or statutory provision, regulation, court order or consent decree which requires the change.

   c.  A statement of the consequences resulting from failure to immediately comply with the statute, regulation, court order or consent decree, and a statement of any benefits to be gained by compliance.

   d.  A statement that the change shall be in effect for 365 days, during which time the Department will pursue the adoption of the change in a new regulation through the rulemaking process under either section 201 or 204 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 or 1204) known as the Commonwealth Documents Law as the circumstances dictate.

   e.  A statement that the notice is published under this resolution.

   3.  Notice of the implementation of an additional component to a Department program which results in immediate access to the program or immediate additional benefit to beneficiaries of the program and which does not require repeal or suspension of any regulation may be published in the Pennsylvania Bulletin. The notice shall contain a description of the new program and shall state the procedure to be followed for participation in the program.

   4.  Notices submitted under this Resolution shall be subject to review by the Office of General Counsel and the Office of Attorney General.

   5.  The Secretary shall report to the JCD and Standing Committees the current status and Action Resolution Plan for any regulatory action exceeding 365 days from the respective NORC publication date.

   6.  Regulations securing actions issued under any or all prior JCD Resolutions must be submitted by the Secretary to the Office of General Counsel by December 31, 1998, or be deemed withdrawn.

   7.  DPW will submit a list of any withdrawn Notices of Rule Change to the Legislative Reference Bureau by December 31, 1998, for publication in the Pennsylvania Bulletin.

   8.  This resolution shall expire 2 years from the date of publication in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 98-908. Filed for public inspection June 5, 1998, 9:00 a.m.]

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