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PA Bulletin, Doc. No. 00-1290

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 3873]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 13, 2000, and took the following actions:

Regulations Approved:

   Department of Public Welfare #14-467: Welfare Reform Omnibus Amendments (amends 55 Pa. Code Chapters 101, 125, 133, 141, 145, 166, 175, 177, 178, 181 and 183).

   State Board of Education #6-263: Program Standards and Eligibility Criteria for the Higher Education Equal Opportunity Act (amends 22 Pa. Code Chapter 44).

   Department of Education #6-264: Institutional Preparation of Professional Educators (adds 22 Pa. Code Chapter 354).

Regulations Disapproved: Not Delivered--Do Not Publish

   * State Board of Nursing #16A-499: Certified Registered Nurse Practitioners Prescriptive Authority.

   * Will advise when order is delivered.

Approval Order

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 13, 2000

Department of Public Welfare--Welfare Reform Omnibus Amendments; Regulation No. 14-467

   On May 17, 2000, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 101, 125, 133, 141, 145, 166, 175, 177, 178, 181 and 183. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On June 2, 2000, the Commission received a request from the Department to toll consideration of this final-omitted regulation to delete obsolete language. On June 29, 2000, the Department submitted its revisions to the final-omitted regulation to the Commission.

   The Department is proposing to amend its regulations to incorporate eligibility requirements for General Assistance (GA), GA-Related Medical Assistance (MA), Federal Temporary Assistance for Needy Families (TANF), and TANF-related MA and Medically Needy Only (MNO) MA. The Department estimates savings to the Commonwealth of $353,672,000. There will be no additional costs or savings to the regulated parties.

   We have determined this revised regulation is consistent with the statutory authority of the Department of Public Welfare (Act 49 of 1994, Act 20 of 1995, Act 35 of 1996, the Pennsylvania Drug and Alcohol Abuse Act (71 P. S. § 1690.109(c)) and the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996) and the intention of the General Assembly. Having considered all the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr. Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 13, 2000

State Board of Education--Programs Standards and Eligibility Criteria for the Higher Education Equal Opportunity Act; Regulation No. 6-263

   On April 28, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education. This rulemaking amends 22 Pa. Code Chapter 44. The proposed regulation was published in the May 9, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 8, 2000.

   This regulation amends the income eligibility requirements for participation in counseling and tutorial programs authorized by the Higher Education Equal Opportunity Act. The existing regulation sets an income limit of $18,750 which the Secretary of Education will revise annually based on changes in the Consumer Price Index. Under the amendments, an individual with an annual family income equal to or less than 200% of the Federal poverty level, as determined by the United States Department of Health and Human Services, will meet the income eligibility requirements.

   We have determined this regulation is consistent with the statutory authority of the State Board of Education (24 P. S. §§ 2510-303 and 2510-304) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 13, 2000

Department of Education--Institutional Preparation of Professional Educators; Regulation No. 6-264

   On June 23, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education (Department). This rulemaking adds 22 Pa. Code Chapter 354. The proposed regulation was published in the July 3, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 5, 2000. On June 13, 2000, the Commission received a request from the Department to toll consideration of this final-form regulation to make a number of technical corrections. On June 13, 2000, the Department submitted its revisions to the final-form regulation to the Commission.

   This rulemaking establishes and implements standards for the educator certification programs of ''preparing institutions'' (a college or university approved by the Department to conduct professional educator preparation programs). The regulation also outlines procedures used to evaluate and approve institutional certification programs. The effectiveness of this program will be evaluated by the State Board of Education every 10 years.

   Annually, approximately 21,000 people pursuing professional educator certification and teacher education personnel at the approximately 90 colleges and universities that offer such programs in the Commonwealth will be required to comply.

   We have determined this revised regulation is consistent with the statutory authority of the Department of Education (24 P. S. §§ 11-1109, 11-1141, 12-1201--12-1214, 26-2603-B and 26-2604-B) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This revised regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-1290. Filed for public inspection July 28, 2000, 9:00 a.m.]



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