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PA Bulletin, Doc. No. 22-987

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[52 Pa.B. 3740]
[Saturday, July 2, 2022]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 16, 2022, and announced the following:

Action Taken—Regulations Approved:

 State Board of Podiatry # 16A-4417: Continuing Education (amends 49 Pa. Code Sections 29.60, 29.61, and 29.68)

 Pennsylvania Liquor Control Board # 54-95: Limited Wineries (amends 40 Pa. Code Sections 3.62—3.64, 5.103, 11.111, and 5.401—5.409)

 Insurance Department # 11-260: Term and Universal Life Insurance Reserve Financing Standards (adopts 31 Pa. Code Chapter 90j)

 Environmental Hearing Board # 106-13: Practice and Procedure (amends 25 Pa. Code Chapter 1021)

____

Approval Order

Public Meeting Held
June 16, 2022

Commissioners 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 Podiatry—
Continuing Education
Regulation No. 16A-4417 (# 3257)

 On May 18, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry. This rulemaking amends 49 Pa. Code Sections 29.60, 29.61, and 29.68. 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 April 27, 2022.

 This regulation amends the Board's regulations related to continuing education requirements. The regulation eliminates the current restriction on the number of hours that may be completed through programs that involve the use of the Internet and permits an unlimited amount of continuing education credits to be obtained through distance education, consistent with a trend in licensure requirements in other states.

 We have determined this regulation is consistent with the statutory authority of the State Board of Podiatry (63 P.S. §§ 42.9, 42.15, 42.9a; 63 Pa.C.S. § 3107.1) 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.

____

Approval Order

Public Meeting Held
June 16, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Liquor Control Board—
Limited Wineries
Regulation No. 54-95 (# 3323)

 On November 9, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code §§ 3.62—3.64, 5.103, 11.111, and 5.401—5.409. The proposed regulation was published in the December 18, 2021 Pennsylvania Bulletin with a public comment period ending on January 18, 2022. The final-form regulation was submitted to the Commission on May 3, 2022.

 This final regulation gathers regulations pertaining to limited wineries from Chapters 3, 5, and 11 of the Board's regulations and organizes them in a new Subchapter K in Chapter 5 to improve accessibility for the regulated community. The regulation also revises many of these regulations to make them more consistent with the Liquor Code.

 We have determined this regulation is consistent with the statutory authority of the Board (47 P.S. §§ 2-207(i); 4-488(b)(4), (g); 5-505.2(a)(2), (3), (4), (6)(i), and (6.4)) 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.

____

Approval Order

Public Meeting Held
June 16, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Insurance Department—
Term and Universal Life Insurance Reserve
Financing Standards
Regulation No. 11-260 (# 3333)

 On January 26, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking adopts 31 Pa. Code Chapter 90j. The proposed regulation was published in the February 5, 2022 Pennsylvania Bulletin with a public comment period ending on March 7, 2022. The final-form regulation was submitted to the Commission on May 2, 2022.

 This final-form rulemaking adopts regulations relating to term and universal life insurance reserve financing standards.

 We have determined this regulation is consistent with the statutory authority of the Department (40 P.S. § 442.3(j) and 71 P.S. §§ 66, 186, 411 and 412) 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.

____

Approval Order

Public Meeting Held
June 16, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Environmental Hearing Board—
Practice and Procedure
Regulation No. 106-13 (# 3301)

 On April 6, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (Board). This rulemaking amends 25 Pa. Code Chapter 1021. The proposed regulation was published in the April 17, 2021 Pennsylvania Bulletin with a public comment period ending on May 17, 2021. The final-form regulation was submitted to the Commission on April 25, 2022.

 This final-form regulation amends rules of practice and procedure before the Board relating to representation, appeals and filings.

 We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. § 7515(c)) 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. 22-987. Filed for public inspection July 1, 2022, 9:00 a.m.]



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