PROPOSED RULEMAKING
STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
[49 PA. CODE CH. 19]
Application Fees
[29 Pa.B. 5105] The State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) proposes to amend § 19.4 (relating to fees) by revising certain application fees to read as set forth in Annex A.
A. Effective Date
The proposed amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendment is authorized under section 30(b) of the Board of Vehicles Act (act) (63 P. S. § 818.30(b)).
C. Background and Purpose
The act requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to individual licensees or applicants are excluded from general operating revenues and are funded through fees in which the cost of providing the service forms the basis for the fee.
In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual cost calculations are based upon the following formula:
number of minutes to perform the function
x
pay rate for the classification of personnel performing the function
+
a proportionate share of administrative overhead.The analysis determined that the fees for nine services do not accurately reflect the actual cost of providing those services: license application as vehicle salesperson or representative; license application as vehicle manufacturer, distributor or manufacturer's branch; license application as vehicle dealer, broker, used or branch lot; reinspection after failure; change of employment status-vehicle salesperson or representative; business change with no inspection; business change with inspection; certification of license history; and verification of license.
The current fees have not been revised since 1989. In addition, no fee is currently in place for reinspection after failure or certification of license history.
In this proposal, fees for the services identified previously would be adjusted to allocate costs to those who use the service or make an application. The Board would continue to apportion enforcement and operating costs to the general licensing population by means of its license renewal fees through the biennial reconciliation of revenue and expenditures.
D. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendments the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
E. Fiscal Impact and Paperwork Requirements
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 17, 1999, the Board submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposal, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed amendment, by the Board, the General Assembly and the Governor, of objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendment to Teresa Woodall, Administrative Officer, State Board of Vehicle Manufacturers, Dealers and Salespersons, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-600 (Application Fees), when submitting comments.
ROBERT G. PICKERILL,
ChairpersonFiscal Note: 16A-600. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 19. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
GENERAL PROVISIONS § 19.4. Fees.
Vehicle salesperson license application$ [15] 25 Vehicle representative license application [15] 25 Vehicle manufacturer license application [20] 30 Manufacturer branch license application [20] 30 Wholesale distributor license application [20] 30 Vehicle dealer license application [55] 65 Vehicle broker license application [55] 65 Dealer or broker branch license application [55] 65 Used vehicle lot license application [55] 65 Vehicle salesperson change of employer trans fer application [15] 25 Business name or post office address change [15] 30 Business physical location change [20] 60 Verification of licensure [10] 15 Reinspection after failure 45 Certification of license history 25 Biennial renewal--vehicle salesperson license 35 * * * * *
[Pa.B. Doc. No. 99-1669. Filed for public inspection October 1, 1999, 9:00 a.m.]
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