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PA Bulletin, Doc. No. 02-188



Regulatory Review

[32 Pa.B. 670]

   Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the eleventh publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

   The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

   Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

   This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
No regulations being developed or considered at this date.
PA Code Title VI Chapter 11
Older Adult Daily Living Centers
November 2002, as proposed. This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Part-Day Licensing Regulations. Review is also occurring as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. Robert Hussar
PA Code Title VI Chapter 15
Protective Services For Older Adults
March 2002, as final. This regulation is being reviewed as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. Amendments were published as proposed rulemaking in the Pennsylvania Bulletin on November 27, 1999. Second and third drafts of amendments were prepared based on comments received and second and third rounds of meetings were held with stakeholders. On December 27, 2001, the Final Rulemaking package was submitted to IRRC and the legislative oversight committees. Robert Hussar
PA Code Title VI Chapter 21
Domiciliary Care Services for Adults
March 2003, as proposed. A review of these regulations will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare. Robert Hussar
PA Code Title VI Chapter 3 Fair Hearings and Appeals December 2002, as proposed. This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. The completion of any proposed changes is dependent on the promulgation of final adult protective services regulations. Robert Hussar
Agricultural Conservation Easement Purchase Program/Agricultural Security Areas April, 2002, as proposed. Act 138 of 1998 and Act 14 of 2001 amended the Agricultural Area Security Law. The regulations at 7 Pa. Code Chapter 138e must be revised to implement these statutory changes. This regulation would also replace the outdated regulations at 7 Pa. Code Chapter 138, relating to agricultural security areas. Russell C. Redding
(717) 787-3418
The Food Code July, 2002, as proposed. This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. §§ 20.1--20.18) and the Public Eating and Drinking Places Law (35 P. S. §§ 655.1--655.13) form the statutory basis for this regulation. Sheri Dove
(717) 772-8353
Maple Products September, 2002, as proposed. This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products. Lenchen Radle
(717) 772-3234
Amusement Rides August, 2002,
as proposed.
This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418). Charles Bruckner
(717) 787-9089
Harness Racing Commission February, 2002,
as proposed.
This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action. Anton J. Leppler
(717) 787-5196
Land application of soil and groundwater contaminated with agricultural chemicals February, 2002,
as proposed.
This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds. Phillip M. Pitzer
(717) 772-5206
Fruit Tree Improvement Program November, 2003, as proposed. This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers. Ruth Welliver
(717) 787-5609
Certification of Virus-Tested Geraniums September, 2003, as proposed. This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1)  expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically- important bacterial and fungal pathogens; and 2)  establish a reasonable fee for the Department's inspection and certification services. Ruth Welliver
(717) 787-5609
Dog Law February, 2002, as proposed. House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation. Richard Hess
(717) 787-4833
Dog Law--Lifetime Licenses May, 2002, as final. House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. We are amending 7 Pa. Code §§ 21.51--21.57 to allow the Department to implement the use of micro-chipping for lifetime dog licenses. Richard Hess
(717) 787-4833
Domestic Animals June, 2002, as proposed. This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389). John Enck, DVM (717) 772-2852
Aquaculture Development January, 2002, as proposed. The Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation. Leo Dunn
(717) 783-8462
Continuing education regulations for residential first mortgage lender and broker industry. Six months. The Mortgage Bankers and Brokers Act (''MBBA'') is Act 90 of 1989, and has been amended by Act 131 of 1998. Amended section 4(e) of the MBBA provides that the Secretary of Banking shall delineate the requirements for continuing education regulations for licensees (i.e., mortgage bankers, mortgage brokers, and loan correspondents) by regulation within three years of the effective date (February 19, 1999) of the amendments to the MBBA. Therefore, continuing education regulations are required to be promulgated by February 19, 2002. Carter D. Frantz
(717) 787-1471
Amendments to Banking regulations in 10 Pa. Code Part II to comply with amendments to the Banking Code made by Act 89 of 2000. One year. Act 89 of 2000 substantially amended the Banking Code. Accordingly, some banking regulations need to be amended in order to conform to the statutory amendments. Reginald S. Evans
(717) 787-1471
No regulations being developed or considered at this date.
Industrialized Housing and Components
12 Pa. Code Chapter 145
(proposed regulation)
Spring 2002. The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program. Jill B. Busch
(717) 720-7314
Certified Provider
(proposed new regulation)
Spring 2002. In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the Department. Jill B. Busch
(717) 720-7314
Constables' Education and Training Board--New Chapter 431 to Title 37 Pa. Code March 2002, as final To implement the authority of Act 1994-44, 42 Pa.C.S.A. §§ 2944--2948, as to program content and administration of basic training and continuing education, standards for qualification to carry firearms in the performance of constable duties, and qualification for schools and instructors. Stephen Spangenberg
(717) 705-3693
ext. 3040
Deputy Sheriffs' Education and Training Board--Amendments to 37 Pa. Code Chapter 421 April 2002, as final To amend existing regulation to further increase hours of basic training that were increased by Statement of Policy in 2000. Proposed pursuant to the Deputy Sheriffs' Education and Training Act, 71 P. S. §§ 2105--2106, this rulemaking would add law enforcement-related duties to the basic training curriculum. Stephen Spangenberg
(717) 705-3693
ext. 3040
Bureau of Victims' Services, Victims Compensation Division (formerly Crime Victim's Compensation Board)--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 211 April 2002, as proposed To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act from Title 71 of Purdon's Statutes Title 18. The act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Services the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the act as it relates to compensation. Also to be revised are restrictions that are antiquated or that limit flexibility in carrying out the statutory purposes. Lynn Shiner
(717) 783-5153
ext. 3210
Commission on Crime and Delinquency--Amendments to 37 Pa. Code Chapter 401 (General Provisions), Chapter 405 (Grant Management) and Chapter 407 (Administrative Proceedings) September 2002, as final omitted To update existing regulations to reflect current operations and eliminate language that is obsolete due to operational or statutory change. Gerard Mackarevich
(717) 705-0888
ext 3034
Conservation of Native Wild Plants
(Chapter 45)
Publish proposed rulemaking June 2002. This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking. Chris Firestone, Mike Lester and Dan Devlin
State Parks Rules and Regulations
(Chapter 11)
Publish proposed rulemaking March 2002.
Final rulemaking September 2002.
This revision to state parks rules and regulations will take place after extensive public outreach. Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Eight state-wide regional public meetings were held in the summer of 2000 to begin to gather input on possible regulatory changes. Parks also conducted roundtable discussions. Legal basis for these regulations is Act 18 of 1995. Gary Smith
State Forest Picnic Area Rules and Regulations (Chapter 23) Publish proposed rulemaking April 2002.
Final rulemaking September 2002.
General State Forest rules and regulations were updated in 1998. Chapter 23 pertaining to State Forest Picnic Areas needs to be updated and revised to conform with Title 17 general regulation changes. Bill Slippey
Snow & All Terrain Vehicle Registration and Operations
(Chapter 51)
Publish proposed rulemaking May 2002.
Final rulemaking November 2002.
This chapter needs to be updated to implement recent amendments to Chapter 77 of the Vehicle Code and to reflect the Department's current registration and titling procedures. Bill Slippey
(Operations & Recreation)
Lynn Loudenslager
(Registration & Titling)
Revisions to the regulations governing county correctional facilities, 37 Pa. Code Chapter 95. Spring 2002, as proposed. The regulations will be revised to eliminate unnecessary regulations and update necessary regulations. William Reznor
22 Pa. Code
Chapter 155--Board of State College and University Directors--Personnel
The Secretary intends to submit these regulations as final-omitted in the regulatory review process since they are obsolete and outdated. March 2002, as final omitted. Chapter 155--This chapter was issued under Section 2 of the Act of February 1970 (P. L. 24, No. 13) (24 P. S. § 20-2002) (Repealed). It was adopted June 12, 1975, 5 Pa. B. 1548. Ernest Helling
(717) 787-5500
Chapter 161--School Administrators Handbook Chapter 161--Statutory authority for this chapter is 71 P. S. § 352.
Chapter 181--Mentally Retarded Exceptional Children Chapter 181--Taken from the Pennsylvania Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13-1372).
Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolution of March 15, 1974.
Chapter 329--Computation of Subsidy Chapter 329--This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.
Pupil Personnel Services, Attendance and Students
22 Pa. Code, Chapters 7, 11, 12
June 2002, as final omitted. These regulations define the elements of student services programs, delineate the rights and responsibilities of students and establish provisions regarding school attendance. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practices in student services. These regulations are promulgated under the authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland
(717) 787-3787
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval
22 Pa. Code, Chapters 31, 36, 40, 42
June 2002, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland
(717) 787-3787
Certification of Professional Personnel
22 Pa. Code, Chapter 49
June 2002, as final-omitted. Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted. Peter Garland
(717) 787-3787
Charter School Services, General Provisions September 2002, as proposed. These regulations will clarify a number of provisions to the Charter School Law, which have been the subject of questions from charter school applicants and school districts. These regulations will be promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1. Kerri McCarthy
(717) 705-2558
Academic Standards (Science & Technology, Environment & Ecology) 22 Pa. Code, Chapter 4 January 2002, as final rulemaking Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards. When initially promulgated in 1999, Chapter 4 contained academic standards in reading, writing, speaking and listening, and mathematics. Additional sets of standards were anticipated. This revision to Chapter 4 seeks to establish academic standards in Science and Technology, and Environment and Ecology. Peter Garland
(717) 787-3787
Academic Standards (Civics and Government, Economics, Geography and History; Arts and Humanities; Family and Consumer Science; Health, Safety and Physical Education)
22 Pa. Code, Chapter 4
March 2002, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. These additional sets of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland
(717) 787-3787
General Provisions--State Board of Private Licensed Schools
22 Pa. Code, Chapter 73
March 2002, as final. The proposed revisions to the regulations of the State Board of Private Licensed Schools will amend Section 73.1 (Definitions) to add a new definition of the term ''Seminar'' and modify the current definition of the term ''Nonresident'' and amend Section 73.151 relating to fees to allow the Board to raise sufficient revenue to offset its projected expenditures for fiscal year 2000-01 and 2001-02. These regulations are promulgated under the authority of the Private Licensed Schools Act, Act 174 of 1986 (1986, Dec. 15, P. L. 1585, No. 174, § 1, effective Jan. 1, 1987) (24 P. S. §§ 6501--6518). Sharon Lane
(717) 783-8228
General Vocational Education Standards
22 Pa. Code, Chapter 339
September 2002, as proposed. Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a). John C. Foster
(717) 787-5530
22 Pa. Code, Chapter 191 March 2002, as final. A new chapter in Pa. Code 22 will provide for procedures for calculating state subsidies for the National School Lunch and School Breakfast programs. These procedures are necessary to incorporate provisions of Act 16 of May 3, 2000, amending the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1337.1). Pat Birkenshaw
(717) 783-6556
22 Pa. Code, Chapters 233 and 237
Professional Standards and Practices Commission
By-laws; Definitions
In September, the Commission adopted amendments to its Statement of Policy (Chapter 233) and voted to announce its intent to adopt revisions to its Bylaws (Chapter 237). The Commission has initiated the appropriate review process for both Chapters. The statements of policy and regulations defining specific terms are issued under the Professional Educator Discipline Act (24 P. S. § 2070.1 et seq.), which was recently amended by HB 2189 or Act 123 of 2000. Carolyn Angelo
(717) 787-6576
22 Pa. Code, Chapter 21
School Facilities
June 2002, as proposed. Proposed revisions to State Board of Education regulations on school facilities. Carle Dixon Earp
(717) 787-5480
Standards for Approved Private Schools 22 Pa. Code Chapter 171
Subchapters A & B
The Secretary intends to submit revised standards in the Regulatory Review Process in 2002 since the current standards are outdated. The revised standards will reflect the changes in Chapter 14 and IDEA. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, NO 14, March 16, 1949, P. S. Section 1-101, et. seq. Richard Brown
(717) 783-6906
No regulations being developed or considered at this time.

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