NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[38 Pa.B. 5509]
[Saturday, October 4, 2008]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, September 18, 2008, and announced the following:

Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective September 17, 2008

   Insurance Department #11-235: Actuarial Opinion and Memorandum (amends 31 Pa. Code Chapter 84)

Regulations Approved:

   Department of Corrections #19-9: State Intermediate Punishment (amends 37 Pa. Code 97)

   State Board of Education #6-307: Special Education for Gifted Students (amends 22 Pa. Code Chapter 16)

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Approval Order

Public Meeting held
September 18, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq., Abstained; Karen A. Miller; John F. Mizner, Esq., by Phone

Department of Corrections--
State Intermediate Punishment;
Regulation No. 19-9 (#2590)

   On February 1, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Corrections (Department). This rulemaking amends 37 Pa. Code 97. The proposed regulation was published in the February 17, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 25, 2008.

   This regulation implements the directive of Act 112 of 2004 to establish in regulation the assessment and operating procedures for the Drug Offender Treatment Program.

   We have determined this regulation is consistent with the statutory authority of the Department (42 Pa.C.S. § 9906) 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.

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Approval Order

Public Meeting held
September 18, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq., by Phone

State Board of Education--
Special Education for Gifted Students;
Regulation No. 6-307 (#2635)

   On August 23, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 16. The proposed regulation was published in the September 8, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 12, 2008.

   This final-form regulation amends requirements for gifted education programs and services in the public schools of this Commonwealth. It addresses the screening and evaluation process, gifted individualized education programs, educational placement and procedural safeguards for students identified as gifted.

   We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. §§ 13-1372 and 26-2603-B(k)) 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 08-1822. Filed for public inspection October 3, 2008, 9:00 a.m.]

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