NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[51 Pa.B. 8061]
[Saturday, December 25, 2021]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 9, 2021, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective December 8, 2021
State Board of Occupational Therapy Education and Licensure # 16A-6712: Educational Programs (amends 49 Pa. Code § 42.1 and 42.13 (relating to definitions; and application for licensure))
Action Taken—Regulations Approved:
State Board of Vehicle Manufacturers, Dealers and Salespersons # 16A-6011: Out-of-State RV Dealer Registration Fee (amends 49 Pa. Code § 19.4)
Bureau of Professional and Occupational Affairs # 16A-65: Representation (amends 49 Pa. Code, Chapter 43b, by adding Subchapter D (relating to practice and procedure))
State Board of Psychology # 16A-6326: Licensure by Endorsement (amends 49 Pa. Code Sections 41.1, 41.52a and 41.52b)
Department of Labor and Industry # 12-115: Uniform Construction Code (amends 34 Pa. Code, Part XIV, Chapters 401 and 403)
Department of Transportation # 18-477: Registration Class Stickers (deletes 67 Pa. Code Chapter 55)
Action Taken—Regulation Disapproved: Order Not Yet Issued
*Department of State # 16-64: Representation in Charitable Organization Matters
*Will advise when order is issued.
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Approval Order Public Meeting Held
December 9, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Vehicle Manufacturers, Dealers and Salespersons—Out-of-State RV Dealer Registration Fee
Regulation No. 16A-6011 (# 3280)On November 24, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking amends 49 Pa. Code § 19.4. The proposed regulation was published in the December 12, 2020 Pennsylvania Bulletin with a public comment period ending on January 11, 2021. The final-form regulation was submitted to the Commission on September 30, 2021.
This final rulemaking amends the Board's existing regulations by adding a $65 fee for out-of-State recreational vehicle dealers to participate in a recreational vehicle show, off-premise sale, exhibition or rally in the Commonwealth.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 818.332a(c)(1)(v)) 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
December 9, 2021Commissioners Voting: George D. Bedwick, Chairperson, dissenting; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq., dissenting
Bureau of Professional and Occupational Affairs— Representation
Regulation No. 16A-65 (# 3319)On November 5, 2021, the Independent Regulatory Review Commission (Commission) received this regulation from the Bureau of Professional and Occupational Affairs (Bureau). This rulemaking amends 49 Pa. Code, Chapter 43b, by adding Subchapter D (relating to practice and procedure). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking adopts the General Rules of Administrative Practice and Procedure (1 Pa. Code §§ 31.1—35.251) for activities and proceedings before the licensing boards and commissions under the Bureau, with a limited exception. It provides for non-attorney representation in formal proceedings involving business organizations, as well as agencies and political subdivisions.
We have determined this regulation is consistent with the statutory authority of the Bureau (63 Pa.C.S. § 3105(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 regulation is approved.
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Approval Order Public Meeting Held
December 9, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Psychology—Licensure by Endorsement
Regulation No. 16A-6326 (# 3284)On December 9, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Sections 41.1, 41.52a and 41.52b. The proposed regulation was published in the December 19, 2020 Pennsylvania Bulletin with a public comment period ending on January 18, 2021. The final-form regulation was submitted to the Commission on October 28, 2021.
This proposed regulation implements Act 41 of 2019 (Act 41) (63 Pa.C.S.A. § 3111) which requires licensing boards and commissions to issue a license, certificate, registration, or permit to an applicant who pays fees established by the board or commission by regulation, provided the applicant meets certain criteria for eligibility. Act 41 also requires boards and commissions that issue provisional licenses, certificates, registration, or permits to set the expiration of the provisional endorsement license by regulation.
We have determined this regulation is consistent with the statutory authority of the Board (63 Pa.C.S. § 3111) 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
December 9, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Labor and Industry—
Uniform Construction Code
Regulation No. 12-115 (# 3321)On November 5, 2021, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code, Part XIV, Chapters 401 and 403. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking updates the Uniform Construction Code by adopting Chapter 11 and Appendix E of the International Building Code of 2021. The rulemaking also adopts the accessibility provisions found in the International Plumbing Code of 2021, the International Existing Building Code of 2021 and the International Swimming Pool and Spa Code of 2021.
We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. § 7210.304(a)(3)) 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
December 9, 2021Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Transportation—
Registration Class Stickers
Regulation No. 18-477 (# 3258)On May 18, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking deletes 67 Pa. Code Chapter 55. The proposed regulation was published in the May 30, 2020 Pennsylvania Bulletin with a public comment period ending on June 29, 2020. The final-form regulation was submitted to the Commission on October 26, 2021.
This final-form rulemaking rescinds the requirement that registration class stickers that indicate the registered gross weight of certain trucks be affixed to those trucks.
We have determined this regulation is consistent with the statutory authority of the Transportation (75 Pa.C.S. §§ 1301, 1304(b) and 6103) 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 21-2168. Filed for public inspection December 23, 2021, 9:00 a.m.]
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