SENATE AMENDED
PRIOR PRINTER'S NOS. 884, 2457, 2568, PRINTER'S NO. 2848
2610, 2616, 2670, 2800
No. 784 Session of 1985
INTRODUCED BY BARBER, MANDERINO, PIEVSKY, LAUGHLIN, TRELLO,
OLIVER, COLE, HUTCHINSON, GEORGE, HARPER, SALOOM, WIGGINS,
PETRARCA, FRYER, RYBAK, MORRIS, FREEMAN, MRKONIC, PRATT,
RICHARDSON, F. E. TAYLOR, MANMILLER, MICOZZIE, CIVERA,
RAYMOND, DURHAM, LUCYK, ARTY, FREIND, KOSINSKI, BELARDI,
CAWLEY, TIGUE, KUKOVICH, GRUITZA, DORR, HAYES, RYAN, WILSON
AND E. Z. TAYLOR, MARCH 26, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 4, 1986
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled <--
2 "An act providing for independent oversight and review of
3 regulations, creating an Independent Regulatory Review
4 Commission, providing for its powers and duties, making
5 repeals and making an appropriation," further providing for
6 agency submissions of rulemaking and for time periods for
7 review of rulemaking; and making editorial changes.
8 AMENDING REENACTING AND AMENDING THE ACT OF JUNE 25, 1982 <--
9 (P.L.633, NO.181), ENTITLED "AN ACT PROVIDING FOR INDEPENDENT
10 OVERSIGHT AND REVIEW OF REGULATIONS, CREATING AN INDEPENDENT
11 REGULATORY REVIEW COMMISSION, PROVIDING FOR ITS POWERS AND
12 DUTIES, MAKING REPEALS AND MAKING AN APPROPRIATION,"
13 EXTENDING THE EXPIRATION DATE OF THE ACT CONTINUING THE <--
14 EXISTENCE OF THE COMMISSION; AND FURTHER PROVIDING FOR AGENCY <--
15 SUBMISSIONS OF RULEMAKING AND FOR TIME PERIODS FOR REVIEW OF
16 RULEMAKING.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 2 of the act of June 25, 1982 (P.L.633, <--
20 No.181), known as the Regulatory Review Act, is amended to read:
21 Section 2. Legislative intent.
1 The General Assembly has enacted a large number of statutes
2 conferring on boards, commissions, departments and other
3 agencies of the executive branch of government the authority to
4 adopt rules and regulations to supplement and implement those
5 statutes. The General Assembly has found that this delegation of
6 its authority has resulted in regulations being promulgated
7 without effective review concerning cost benefits, duplication,
8 inflationary impact and conformity to legislative intent. The
9 General Assembly finds that it must provide a procedure for
10 oversight and review of regulations adopted pursuant to this
11 delegation of legislative power to curtail excessive regulation
12 and to establish a system of accountability so that the
13 bureaucracy must justify its use of the regulatory authority
14 before imposing hidden costs upon the economy of Pennsylvania.
15 It is the intent of this act to establish a method for
16 continuing and effective review, accountability and oversight.
17 It is the further intent of this act to provide for primary
18 review by a commission with sufficient authority, expertise,
19 independence and time to perform that responsibility. It is the
20 further intent of this act to provide ultimate review by the
21 General Assembly of those regulations which may be contrary to
22 the public interest or to legislative intent. To facilitate
23 conformity to legislative intent the commission should attempt
24 to enhance communication between the commission and the standing
25 committees of the General Assembly. This act is intended to
26 provide a method of oversight and review of regulations issued
27 by executive agencies to assist the Governor and the General
28 Assembly in their supervisory and oversight functions and it is
29 not intended to create any right or benefit, substantive or
30 procedural, enforceable at law by a party against the
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1 Commonwealth, its agencies, officers or any person.
2 Section 2. Sections 4, 5, 6, 7, 9 and 15 of the act, amended
3 December 9, 1982 (P.L.1023, No.238), are amended to read:
4 Section 4. Creation of commission; membership, compensation;
5 vacancies; removal.
6 (a) The Independent Regulatory Review Commission shall
7 consist of five members to be known as commissioners. One member
8 of the commission shall be appointed by the Governor to serve at
9 his pleasure, one by the President pro tempore of the Senate,
10 one by the Speaker of the House of Representatives, one by the
11 Minority Leader of the Senate and one by the Minority Leader of
12 the House of Representatives. No member of the General Assembly
13 or any other officer or employee of State Government shall serve
14 as a member of the commission.
15 (b) Of the original members, the two members appointed by
16 the Speaker of the House and the Minority Leader of the House of
17 Representatives respectively shall serve for an initial term of
18 two years and the two members appointed by the President pro
19 tempore of the Senate and the Minority Leader of the Senate
20 respectively shall serve for an initial term of three years.
21 Thereafter each appointment provided for by this act shall be
22 for a term of three years and such appointments shall be made in
23 the same manner as the original appointments.
24 (c) All vacancies shall be filled, for the remainder of the
25 unexpired term, in the same manner as original appointments. Any
26 commissioner, upon the expiration of his term, shall continue to
27 hold office until his successor shall be appointed.
28 (d) The commissioners shall receive $125 per day as
29 compensation for their services. The commissioners shall also be
30 entitled to reimbursement for travel and other necessary
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1 expenses incurred as a result of their duties as members of the
2 commission. The expenses incurred by the commissioners, or by
3 any employees of the commission, shall be allowed and paid on
4 the presentation of itemized vouchers therefor, which vouchers
5 shall be subject to the approval of the commission.
6 (e) Except as authorized pursuant to this section and except
7 for the Governor's appointee who shall serve at his pleasure, no
8 commissioner may be removed from office during his term. The
9 Governor may, with the approval of two-thirds of the members of
10 the Senate, upon a clear and convincing evidence of misfeasance
11 or malfeasance in office or neglect of duty, remove a
12 commissioner prior to the expiration of the term. The Governor
13 shall provide the commissioner so removed with a detailed
14 written statement of the reasons for his removal.
15 (f) Any member of the commission formally charged before a
16 court of record with the commission of a felony shall
17 immediately be suspended as a member of the commission until the
18 charge is dismissed or a verdict of acquittal is announced. If
19 any commission member shall be convicted of a felony, then that
20 commissioner's membership shall become vacant automatically upon
21 announcement of the verdict by a trial court or upon acceptance
22 of a plea of guilty or nolo contendere. No commission member
23 shall participate in deliberations regarding any regulation in
24 which he, or any member of his family, has a financial interest.
25 (g) Within 60 days following the appointment of a quorum of
26 the commission, the Governor shall convene an organization
27 meeting of the commission and the Governor or his designee shall
28 preside at such meeting until a chairman shall be elected.
29 (h) A chairman shall be elected by the commission who shall
30 serve for a term of two years and until his successors shall be
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1 elected. The chairman shall preside at meetings of the
2 commission and shall execute documents relating to the formal
3 actions of the commission.
4 (i) The commission shall meet at least twice a month at such
5 times and places as shall be set by the chairman. A commissioner
6 who fails to attend three consecutive meetings without cause
7 shall be removed as a commissioner by the authority appointing
8 the commissioner.
9 (j) Each member of the commission shall be equally
10 independent of each other. The commission may not establish any
11 rules governing conduct of a commissioner which unduly impairs,
12 inhibits or prevents the execution of the business of the
13 commission. Dissenting opinions should be noted along with the
14 final disposition of the matter.
15 Section 5. Proposed regulation; criteria for review, existing
16 regulations.
17 (a) For proposed regulations, submitted after the effective
18 date of this section, at the same time that proposed regulations
19 [and any changes thereto] are submitted to the Legislative
20 Reference Bureau for publication of notice of proposed
21 rulemaking in the Pennsylvania Bulletin as required by the act
22 of July 31, 1968 (P.L.769, No.240), referred to as the
23 Commonwealth Documents Law, the agency proposing the regulation
24 shall forward a copy of such proposal to the commission and the
25 designated standing committee of each House of the General
26 Assembly and additional information including but not limited to
27 the following:
28 (1) The name of the agency proposing the regulation and
29 a statement of the statutory or other authority under which
30 the regulation or change is proposed and if such regulation
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1 or change is proposed to implement the requirements of
2 Federal statute or Federal regulation, such Federal statute
3 or regulation shall be cited with specificity.
4 (2) A brief explanation of the proposed regulation or
5 change.
6 (3) A statement of the need for the regulation or
7 change.
8 (4) Estimates of the direct cost to the Commonwealth and
9 direct and indirect cost to its political subdivisions and
10 indirect cost to the private sector. Insofar as the proposal
11 relates to direct cost to the Commonwealth, the agency may
12 submit in lieu of its own statement the fiscal note prepared
13 by the Office of the Budget pursuant to section 612 of the
14 act of April 9, 1929 (P.L.177, No.175), known as "The
15 Administrative Code of 1929."
16 (5) A statement of legal, accounting or consultant
17 procedures which may be required for implementation of the
18 regulation by those affected by it.
19 (6) A statement of any additional reporting,
20 recordkeeping or other paperwork required by the proposed
21 regulations including copies of any forms or reports which
22 will be required in the implementation of the proposed
23 regulation.
24 (7) An outline of conformance and relevant dates
25 including dates by which comments must be received, copies of
26 comments received as a result of the proposed regulation
27 being published in the Pennsylvania Bulletin, dates of
28 proposed public hearings, the effective date of final
29 regulations, date by which compliance with the proposed
30 regulations will be required, including the date by which any
19850H0784B2848 - 6 -
1 required permits, licenses or other approvals must be
2 obtained.
3 (8) The name of the author or authors of the regulation
4 with their office address and phone numbers included.
5 (9) An identification of the types of persons,
6 businesses and organizations which would be affected by the
7 regulation.
8 (10) Identification of any other regulations which would
9 be affected by the regulation.
10 The requirements of this section shall not diminish the Notice
11 of Proposed Rule Making requirements of the Commonwealth
12 Documents Law but the information required by this section may
13 be included in the Notice of Proposed Rule Making requirement
14 for publication in the Pennsylvania Bulletin in lieu of the
15 information required by paragraphs (2) and (3) of section 201 of
16 the Commonwealth Documents Law. The commission may waive an
17 information requirement of this section for a proposed
18 regulation when any specific requirement is deemed by the
19 commission to be unnecessary or inappropriate.
20 (b) In addition to the requirements of subsection (a), for
21 regulations which impose fiscal impacts on the public sector,
22 private sector, or both of over $1,000,000, in any year, or
23 which impose other major impacts as determined by the
24 commission, the agency proposing the regulation shall forward at
25 the request of the commission a written regulatory analysis.
26 Such regulatory analysis shall state:
27 (1) the financial, economic and social impacts of the
28 regulation on individuals, business and labor communities or
29 other public and private organizations. When practicable, an
30 evaluation of the benefits expected as a result of the
19850H0784B2848 - 7 -
1 regulation should be included;
2 (2) that alternative approaches have been considered and
3 the least burdensome acceptable alternative has been
4 selected;
5 (3) that, in arriving at the acceptable alternative,
6 consideration was given to minimizing new reporting,
7 accounting and legal requirements;
8 (4) that a plan for the evaluation of the effectiveness
9 of the regulation after its issuance has been developed; and
10 (5) the manner in which, when it is lawful, desirable
11 and feasible, special provisions have been developed to meet
12 the particular needs of affected groups and persons
13 including, but not limited to: minorities, elderly, small
14 businesses and farmers.
15 (c) The standing committee shall, within 20 calendar days
16 from the [day it receives] date the proposed regulation is
17 published in the Pennsylvania Bulletin, approve or [recommend
18 disapproval to the commission.] disapprove the proposed
19 regulation. The standing committee shall notify the commission
20 of approval or disapproval. Failure of both standing committees
21 to [recommend disapproval of any such] disapprove a regulation
22 within the 20 calendar days shall constitute approval thereof.
23 Along with a notification of approval or disapproval the
24 committee shall convey a report which includes:
25 (1) A copy of the proposed regulation.
26 (2) A summary of the objections of the committee, if
27 any, stating the reasons why the committee has found the
28 proposed regulation unacceptable, and a copy of any staff
29 reports deemed pertinent by the committee.
30 In the event the standing committees are prevented from
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1 completing their 20-day review because of expiration of the
2 legislative session in even-numbered years, consideration of the
3 proposed regulation shall be automatically suspended until the
4 [first day] fourth Monday in January of the next succeeding
5 session of the General Assembly. On that date, the agency shall
6 resubmit the proposed regulation to the designated standing
7 committee of each chamber, or its successor committee, and to
8 the commission. The standing committees, or their successor
9 committees, shall have 20 calendar days and the commission shall
10 have 30 calendar days from [receipt of] the date the proposed
11 regulation is published in the Pennsylvania Bulletin to review
12 such regulation. In computing the 20-day committee review period
13 and the 30-day commission review period, the number of days in
14 which the proposed regulation had been under review by the
15 standing committees and by the commission as of the expiration
16 of the prior session shall be subtracted from the 20-day
17 committee and the 30-day commission review periods,
18 respectively. Failure of the agency to resubmit the proposed
19 regulation on the [first day] fourth Monday in January of the
20 next succeeding session shall constitute withdrawal thereof. No
21 proposed regulation shall be submitted to the commission or the
22 standing committees for review during the period from the end of
23 the legislative session of even-numbered years to the first day
24 of the next succeeding legislative session, but emergency
25 regulations may be adopted pursuant to the provisions of section
26 6(b).
27 (d) In order to ascertain whether a proposed regulation is
28 in the public interest, the commission shall consider the
29 following criteria in the review of any proposed regulation:
30 (1) Conformity to the statutory authority of the agency.
19850H0784B2848 - 9 -
1 (2) Consistency with the legislative intent of the act
2 which the regulation is designed to implement.
3 (3) Possible adverse effects on prices of goods and
4 services, productivity or competition.
5 (4) Whether the regulation represents a policy decision
6 of such substantial nature that it requires a legislative
7 review.
8 (5) Direct costs to the Commonwealth, direct and
9 indirect cost to political subdivisions and indirect cost to
10 the private sector.
11 (6) Reasonableness of requirements, implementation
12 procedures and timetable for the public and private sectors.
13 (7) The nature of any reports, forms or other paperwork
14 and the estimated cost of their preparation by individuals,
15 businesses and organizations in the private and public sector
16 where such reports would be required.
17 (8) Possible conflict with or duplication of statutes or
18 other existing regulations.
19 (9) The nature and estimated cost of any legal,
20 consulting or accounting services which the private or public
21 sector would incur.
22 (10) The impact on the public interest of exempting or
23 setting lesser standards of compliance for individuals or
24 small businesses when it is lawful, desirable and feasible to
25 do so.
26 (11) Clarity and lack of ambiguity.
27 (12) Need for the rule or regulation.
28 (13) Approval or disapproval by the designated standing
29 committee of the House of Representatives or the Senate.
30 (e) Regulations for which notice of proposed [making]
19850H0784B2848 - 10 -
1 rulemaking is omitted pursuant to section 204 of the
2 Commonwealth Documents Law and regulations which the agency
3 intends to submit for final publication with modifications from
4 the initial text as published under section 201 of the
5 Commonwealth Documents Law shall be submitted to the commission
6 and the designated standing committees for review in the same
7 fashion as proposed regulations at the same time that the
8 regulations are submitted to the Attorney General for review as
9 provided in the Commonwealth Attorneys Act. For regulations
10 which are adopted containing modifications to the proposed text
11 as published, the time period set forth in subsection (c) shall
12 begin to run from the date the standing committee receives the
13 modification. No final order adopting such regulation shall be
14 published until completion of review pursuant to this act.
15 (f) The agency which proposes the regulation shall forward
16 to the commission within two days of receipt, a copy of any
17 comments received by the agency which refers to the proposed
18 regulation.
19 (g) The commission, either on its motion or on the request
20 of any individual, agency, corporation, member of the General
21 Assembly or any other entity which may be affected by a
22 regulation, may also review any existing regulation or
23 administrative procedure. Whenever a committee of the Senate or
24 the House of Representatives shall request a review of a
25 regulation, the commission shall make such review and shall
26 assign it high priority. The commission may submit
27 recommendations to any agency recommending changes in existing
28 regulations where it finds the existing regulations or
29 administrative procedure to be contrary to the public interest
30 under the criteria established in this section. The commission
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1 may also make recommendations to the General Assembly and the
2 Governor for statutory changes whenever it finds that any
3 existing regulation or procedure may be contrary to the public
4 interest.
5 Section 6. Procedures for commission consideration and agency
6 review.
7 (a) Whenever the commission shall find that a proposed
8 regulation submitted to the Legislative Reference Bureau for
9 publication of notice of proposed rulemaking in the Pennsylvania
10 Bulletin or that a regulation for which notice of proposed
11 rulemaking is omitted pursuant to section 204 of the act of July
12 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
13 Documents Law, or a regulation which the agency intends to
14 submit for final publication with modifications from the initial
15 text as published under section 201 of the Commonwealth
16 Documents Law submitted to the Attorney General for review prior
17 to publication [without notice pursuant to section 204 of the
18 Commonwealth Documents Law,] may be contrary to the public
19 interest under the criteria set forth in section 5, the
20 commission shall notify the agency promulgating such regulation
21 of its finding. Such notification shall set forth the
22 commission's objections in reasonable detail. The agency shall
23 review the commission's finding and not later than two weeks
24 following the notification unless the commission grants extended
25 time to comment shall respond to the commission as to whether or
26 not the proposed regulation will be withdrawn [or], revised or
27 returned in its original form with added justification or
28 documentation by the agency. If the commission does not notify
29 the agency of any objection within 30 days of publication, in
30 the case of proposed rulemaking, or within 30 days of receipt
19850H0784B2848 - 12 -
1 [under section 5], in the case of omission of proposed
2 rulemaking or in the case of modifications to the proposed text
3 as published, the agency may proceed to promulgate the
4 regulation as provided in the [act of July 31, 1968 (P.L.769,
5 No.240), referred to as the] Commonwealth Documents Law.
6 (b) The commission may, when notifying an agency of its
7 objections pursuant to subsection (a) or at any time following
8 such notification but prior to publication of a final order
9 adopting a regulation, issue an order barring the publication of
10 a final order adopting a regulation pending subsequent review of
11 the regulation in the manner provided in section 7. The
12 commission may not however issue an order against a proposed
13 regulation to the extent that the Attorney General certifies
14 that proposed regulation is required pursuant to the decree of
15 any court or to implement the provisions of a statute of the
16 United States or regulations issued thereunder by a Federal
17 agency nor shall the commission issue an order against a
18 proposed regulation when such regulation is transmitted with the
19 certification of the Governor that it is required to meet an
20 emergency which shall include but not be limited to conditions
21 which may cause a significant budget deficit or create need for
22 supplemental or deficiency appropriations. In such case, the
23 regulation can take effect for up to 120 days but after that
24 time may be suspended by the commission unless it has been
25 approved by the General Assembly under the procedures contained
26 in section 7(b).
27 (c) Whenever a designated standing committee of the House of
28 Representatives or the Senate has notified the commission of its
29 disapproval and the commission approves the proposed regulation,
30 the commission shall notify the said designated standing
19850H0784B2848 - 13 -
1 committee of such approval.
2 Section 7. Procedures and subsequent review.
3 (a) If the commission determines after reviewing an agency's
4 response that the agency still intends to implement such
5 regulation, the commission shall, [within seven days of] at its
6 next public meeting following receipt of an agency's response to
7 its objections or, if its next public meeting is less than seven
8 days from the date of receipt, at its second public meeting
9 following receipt of an agency's response to its objections,
10 either approve the regulations or, if the commission believes
11 that said regulation would be contrary to the public interest as
12 determined under section 5, notify the Governor, who shall
13 within 45 days review the proposed regulation and the commission
14 findings. Failure of the commission to notify the Governor of
15 its continued objections to a proposed regulation [within seven
16 days] by its next public meeting following receipt of an
17 agency's response or, if its next public meeting is less than
18 seven days from the date of receipt, at its second public
19 meeting following receipt of an agency's response shall
20 constitute approval thereof. Within seven days of an agency's
21 response, the commission may continue an order barring
22 publication of a final order adopting a regulation, issue such
23 an order if none was previously issued, or withdraw its order.
24 (b) If the Governor and the agency determine that it is
25 desirable to implement the proposed regulation without
26 revisions, the Governor shall submit a report to the General
27 Assembly containing the findings of the commission, the response
28 of the initiating agency and his own recommendations regarding
29 the regulation. At the time of the submission of the report by
30 the Governor, the commission shall, within 14 days of submission
19850H0784B2848 - 14 -
1 of the report, either approve the regulation or transmit the
2 proposed regulation to the General Assembly for consideration in
3 accord with the procedures set forth in the act of April 7, 1955
4 (P.L.23, No.8), known as the "Reorganization Act of 1955."
5 Failure of the commission to transmit a regulation to the
6 General Assembly for consideration within 14 days of submission
7 of the Governor's report shall constitute approval of the
8 proposed regulation. However, if the commission is prevented
9 from transmitting the regulation to the General Assembly within
10 14 days because of recess or adjournment, it may transmit the
11 regulation on the first subsequent session day. Failure to
12 submit a proposed regulation on the first subsequent session day
13 shall constitute approval thereof. Pending the review of a
14 regulation by the General Assembly, the commission may continue
15 an order barring publication of a final order adopting a
16 regulation, issue such an order if none was previously issued,
17 or withdraw its order. If the General Assembly disapproves a
18 regulation, the disapproval shall constitute a permanent order
19 barring publication, or shall rescind a regulation for which a
20 final order was published pending review of the regulation by
21 the commission or the General Assembly. The General Assembly may
22 at its discretion, however, disapprove a regulation to indicate
23 the intent of the General Assembly, but permit publication of a
24 final order adopting a regulation.
25 (c) Whenever a designated standing committee has received
26 the notice required under section 6(c), the designated standing
27 committee may within ten days report to the House of
28 Representatives or Senate a concurrent resolution and notify the
29 affected agency which shall be the official notice to the
30 agency. A final order adopting the regulation shall not be
19850H0784B2848 - 15 -
1 published for 30 calendar days or ten legislative days,
2 whichever is longer, from date of reporting the concurrent
3 resolution. If both the House of Representatives and the Senate
4 agree to the concurrent resolution within the allotted time
5 period, the adoption of the concurrent resolution shall
6 constitute a permanent order barring publication, or shall act
7 as an order rescinding a regulation for which a final order was
8 published pending review of the regulation. Failure of the House
9 of Representatives and the Senate to act on the concurrent
10 resolution within the allotted time period shall constitute
11 approval of the regulation. In addition, notice as to any final
12 disposition of any concurrent resolution considered in
13 accordance with this act shall be published in the Pennsylvania
14 Bulletin. The General Assembly may, at its discretion, adopt a
15 concurrent resolution disapproving the regulation to indicate
16 the intent of the General Assembly, but permit publication of a
17 final order adopting a regulation.
18 Section 9. Commission staff.
19 The commission shall appoint and fix the compensation of an
20 executive director, who shall devote his full time to the
21 general supervision of all the affairs of the commission. In
22 addition, the commission shall appoint a chief counsel who shall
23 not be subject to the supervision of the Attorney General or the
24 General Counsel [and it]. Both the executive director and chief
25 counsel shall report directly to the commission. The commission
26 shall appoint a permanent liaison person to provide direct
27 communication between the commission and the General Assembly.
28 The commission may appoint and fix the compensation of such
29 other employees as the commission may from time to time find
30 necessary for the proper performance of the functions of the
19850H0784B2848 - 16 -
1 commission. In determining the necessity for such additional
2 staff, the commission shall consider the fact that the General
3 Assembly is required under this act to participate in the review
4 process and its staff will be providing assistance to the
5 commission through the legislative review provisions of this
6 act.
7 Section 15. Effective date.
8 Except for the provisions of sections 3, 4, 9, 11 and 13,
9 which shall take effect in 30 days, this act shall take effect
10 on March 1, 1983. This act shall expire on December 31, [1985]
11 1990 unless it is sooner reenacted by the General Assembly.
12 Section 3. This act applies to proposed and final rulemaking
13 submitted to the Legislative Reference Bureau after the fourth
14 Wednesday following the effective date of this act.
15 Section 4. This act shall take effect immediately.
16 SECTION 1. SECTION 15 OF THE ACT OF JUNE 25, 1982 (P.L.633, <--
17 NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AMENDED DECEMBER 9,
18 1982 (P.L.1023, NO.238), IS AMENDED TO READ:
19 SECTION 15. EFFECTIVE DATE.
20 EXCEPT FOR THE PROVISIONS OF SECTIONS 3, 4, 9, 11 AND 13,
21 WHICH SHALL TAKE EFFECT IN 30 DAYS, THIS ACT SHALL TAKE EFFECT
22 ON MARCH 1, 1983. THIS ACT SHALL EXPIRE ON [DECEMBER 31, 1985]
23 JULY 31, 1987, DECEMBER 31, 1986, UNLESS IT IS SOONER REENACTED <--
24 BY THE GENERAL ASSEMBLY.
25 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
26 SECTION 1. THE TITLE AND ACT OF JUNE 25, 1982 (P.L.633, <--
27 NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AMENDED DECEMBER 9,
28 1982 (P.L.1023, NO.238), ARE REENACTED AND AMENDED TO READ:
29 AN ACT
30 PROVIDING FOR INDEPENDENT OVERSIGHT AND REVIEW OF REGULATIONS,
19850H0784B2848 - 17 -
1 CREATING AN INDEPENDENT REGULATORY REVIEW COMMISSION,
2 PROVIDING FOR ITS POWERS AND DUTIES[,] AND MAKING REPEALS
3 [AND MAKING AN APPROPRIATION].
4 SECTION 1. SHORT TITLE.
5 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "REGULATORY
6 REVIEW ACT."
7 SECTION 2. LEGISLATIVE INTENT.
8 THE GENERAL ASSEMBLY HAS ENACTED A LARGE NUMBER OF STATUTES
9 CONFERRING ON BOARDS, COMMISSIONS, DEPARTMENTS AND OTHER
10 AGENCIES OF THE EXECUTIVE BRANCH OF GOVERNMENT THE AUTHORITY TO
11 ADOPT RULES AND REGULATIONS TO SUPPLEMENT AND IMPLEMENT THOSE
12 STATUTES. THE GENERAL ASSEMBLY HAS FOUND THAT THIS DELEGATION OF
13 ITS AUTHORITY HAS RESULTED IN REGULATIONS BEING PROMULGATED
14 WITHOUT EFFECTIVE REVIEW CONCERNING COST BENEFITS, DUPLICATION,
15 INFLATIONARY IMPACT AND CONFORMITY TO LEGISLATIVE INTENT. THE
16 GENERAL ASSEMBLY FINDS THAT IT MUST PROVIDE A PROCEDURE FOR
17 OVERSIGHT AND REVIEW OF REGULATIONS ADOPTED PURSUANT TO THIS
18 DELEGATION OF LEGISLATIVE POWER TO CURTAIL EXCESSIVE REGULATION
19 AND TO ESTABLISH A SYSTEM OF ACCOUNTABILITY SO THAT THE
20 BUREAUCRACY MUST JUSTIFY ITS USE OF THE REGULATORY AUTHORITY
21 BEFORE IMPOSING HIDDEN COSTS UPON THE ECONOMY OF PENNSYLVANIA.
22 IT IS THE INTENT OF THIS ACT TO ESTABLISH A METHOD FOR
23 CONTINUING AND EFFECTIVE REVIEW, ACCOUNTABILITY AND OVERSIGHT.
24 IT IS THE FURTHER INTENT OF THIS ACT TO PROVIDE FOR PRIMARY
25 REVIEW BY A COMMISSION WITH SUFFICIENT AUTHORITY, EXPERTISE,
26 INDEPENDENCE AND TIME TO PERFORM THAT RESPONSIBILITY. IT IS THE
27 FURTHER INTENT OF THIS ACT TO PROVIDE ULTIMATE REVIEW BY THE
28 GENERAL ASSEMBLY OF THOSE REGULATIONS WHICH MAY BE CONTRARY TO
29 THE PUBLIC INTEREST. THIS ACT IS INTENDED TO PROVIDE A METHOD OF
30 OVERSIGHT AND REVIEW OF REGULATIONS ISSUED BY EXECUTIVE AGENCIES
19850H0784B2848 - 18 -
1 TO ASSIST THE GOVERNOR AND THE GENERAL ASSEMBLY IN THEIR
2 SUPERVISORY AND OVERSIGHT FUNCTIONS AND IT IS NOT INTENDED TO
3 CREATE ANY RIGHT OR BENEFIT, SUBSTANTIVE OR PROCEDURAL,
4 ENFORCEABLE AT LAW BY A PARTY AGAINST THE COMMONWEALTH, ITS
5 AGENCIES, OFFICERS OR ANY PERSON.
6 SECTION 3. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
8 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
9 MEANINGS GIVEN TO THEM IN THIS SECTION:
10 "AGENCY." ANY DEPARTMENT, DEPARTMENTAL ADMINISTRATIVE BOARD
11 OR COMMISSION, INDEPENDENT BOARD OR COMMISSION, AGENCY OR OTHER
12 AUTHORITY OF THIS COMMONWEALTH NOW EXISTING OR HEREAFTER
13 CREATED, BUT SHALL NOT INCLUDE THE SENATE OR THE HOUSE OF
14 REPRESENTATIVES, THE PENNSYLVANIA FISH COMMISSION, THE
15 PENNSYLVANIA GAME COMMISSION, THE INDEPENDENT REGULATORY REVIEW
16 COMMISSION, OR ANY COURT, POLITICAL SUBDIVISION, MUNICIPAL OR
17 LOCAL AUTHORITY.
18 "COMMISSION." THE INDEPENDENT REGULATORY REVIEW COMMISSION.
19 "DESIGNATED STANDING COMMITTEE." A STANDING COMMITTEE OF THE
20 HOUSE OF REPRESENTATIVES OR THE SENATE DESIGNATED BY THE SPEAKER
21 OF THE HOUSE OF REPRESENTATIVES FOR THE HOUSE AND THE PRESIDENT
22 PRO TEMPORE OF THE SENATE FOR THE SENATE WHICH DESIGNATION SHALL
23 PRESCRIBE THE JURISDICTION OF EACH STANDING COMMITTEE OVER THE
24 VARIOUS STATE AGENCIES FOR PURPOSES OF THIS ACT.
25 "REGULATION." ANY RULE OR REGULATION, OR ORDER IN THE NATURE
26 OF A RULE OR REGULATION, PROMULGATED BY AN AGENCY UNDER
27 STATUTORY AUTHORITY IN THE ADMINISTRATION OF ANY STATUTE
28 ADMINISTERED BY OR RELATING TO THE AGENCY, OR PRESCRIBING THE
29 PRACTICE OR PROCEDURE BEFORE SUCH AGENCY. THE TERM SHALL NOT
30 INCLUDE A PROCLAMATION, EXECUTIVE ORDER, DIRECTIVE OR SIMILAR
19850H0784B2848 - 19 -
1 DOCUMENT PROMULGATED BY THE GOVERNOR, BUT SHALL INCLUDE A
2 REGULATION WHICH MAY BE PROMULGATED BY AN AGENCY, ONLY WITH THE
3 APPROVAL OF THE GOVERNOR.
4 SECTION 4. CREATION OF COMMISSION; MEMBERSHIP, COMPENSATION;
5 VACANCIES; REMOVAL.
6 (A) THE INDEPENDENT REGULATORY REVIEW COMMISSION SHALL
7 CONSIST OF FIVE MEMBERS TO BE KNOWN AS COMMISSIONERS. ONE MEMBER
8 OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR TO SERVE AT
9 HIS PLEASURE, ONE BY THE PRESIDENT PRO TEMPORE OF THE SENATE,
10 ONE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE
11 MINORITY LEADER OF THE SENATE AND ONE BY THE MINORITY LEADER OF
12 THE HOUSE OF REPRESENTATIVES. NO MEMBER OF THE GENERAL ASSEMBLY
13 OR ANY OTHER OFFICER OR EMPLOYEE OF STATE GOVERNMENT SHALL SERVE
14 AS A MEMBER OF THE COMMISSION.
15 (B) OF THE ORIGINAL MEMBERS, THE TWO MEMBERS APPOINTED BY
16 THE SPEAKER OF THE HOUSE AND THE MINORITY LEADER OF THE HOUSE OF
17 REPRESENTATIVES RESPECTIVELY SHALL SERVE FOR AN INITIAL TERM OF
18 TWO YEARS AND THE TWO MEMBERS APPOINTED BY THE PRESIDENT PRO
19 TEMPORE OF THE SENATE AND THE MINORITY LEADER OF THE SENATE
20 RESPECTIVELY SHALL SERVE FOR AN INITIAL TERM OF THREE YEARS.
21 THEREAFTER, EXCEPT AS MAY BE PROVIDED BY SECTION 3 OF THIS <--
22 AMENDATORY ACT, EACH APPOINTMENT PROVIDED FOR BY THIS ACT SHALL
23 BE FOR A TERM OF THREE YEARS AND SUCH APPOINTMENTS SHALL BE MADE
24 IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
25 (C) ALL VACANCIES SHALL BE FILLED, FOR THE REMAINDER OF THE
26 UNEXPIRED TERM, IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY
27 COMMISSIONER, UPON THE EXPIRATION OF HIS TERM, SHALL CONTINUE TO
28 HOLD OFFICE UNTIL HIS SUCCESSOR SHALL BE APPOINTED.
29 (D) THE COMMISSIONERS SHALL RECEIVE $125 PER DAY AS
30 COMPENSATION FOR THEIR SERVICES. THE COMMISSIONERS SHALL ALSO BE
19850H0784B2848 - 20 -
1 ENTITLED TO REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY
2 EXPENSES INCURRED AS A RESULT OF THEIR DUTIES AS MEMBERS OF THE
3 COMMISSION. THE EXPENSES INCURRED BY THE COMMISSIONERS, OR BY
4 ANY EMPLOYEES OF THE COMMISSION, SHALL BE ALLOWED AND PAID ON
5 THE PRESENTATION OF ITEMIZED VOUCHERS THEREFOR, WHICH VOUCHERS
6 SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSION.
7 (E) EXCEPT AS AUTHORIZED PURSUANT TO THIS SECTION AND EXCEPT
8 FOR THE GOVERNOR'S APPOINTEE WHO SHALL SERVE AT HIS PLEASURE, NO
9 COMMISSIONER MAY BE REMOVED FROM OFFICE DURING HIS TERM. THE
10 GOVERNOR MAY, WITH THE APPROVAL OF TWO-THIRDS OF THE MEMBERS OF
11 THE SENATE, UPON A CLEAR AND CONVINCING EVIDENCE OF MISFEASANCE
12 OR MALFEASANCE IN OFFICE OR NEGLECT OF DUTY, REMOVE A
13 COMMISSIONER PRIOR TO THE EXPIRATION OF THE TERM. THE GOVERNOR
14 SHALL PROVIDE THE COMMISSIONER SO REMOVED WITH A DETAILED
15 WRITTEN STATEMENT OF THE REASONS FOR HIS REMOVAL.
16 (F) ANY MEMBER OF THE COMMISSION FORMALLY CHARGED BEFORE A
17 COURT OF RECORD WITH THE COMMISSION OF A FELONY SHALL
18 IMMEDIATELY BE SUSPENDED AS A MEMBER OF THE COMMISSION UNTIL THE
19 CHARGE IS DISMISSED OR A VERDICT OF ACQUITTAL IS ANNOUNCED. IF
20 ANY COMMISSION MEMBER SHALL BE CONVICTED OF A FELONY, THEN THAT
21 COMMISSIONER'S MEMBERSHIP SHALL BECOME VACANT AUTOMATICALLY UPON
22 ANNOUNCEMENT OF THE VERDICT BY A TRIAL COURT OR UPON ACCEPTANCE
23 OF A PLEA OF GUILTY OR NOLO CONTENDERE. NO COMMISSION MEMBER
24 SHALL PARTICIPATE IN DELIBERATIONS REGARDING ANY REGULATION IN
25 WHICH HE, OR ANY MEMBER OF HIS FAMILY, HAS A FINANCIAL INTEREST.
26 (G) WITHIN [60 DAYS] TWO WEEKS FOLLOWING THE APPOINTMENT OF <--
27 A QUORUM OF THE COMMISSION, THE GOVERNOR SHALL CONVENE AN
28 ORGANIZATION MEETING OF THE COMMISSION AND THE GOVERNOR OR HIS
29 DESIGNEE SHALL PRESIDE AT SUCH MEETING UNTIL A CHAIRMAN SHALL BE
30 ELECTED.
19850H0784B2848 - 21 -
1 (H) A CHAIRMAN SHALL BE ELECTED BY THE COMMISSION WHO SHALL
2 SERVE FOR A TERM OF TWO YEARS AND UNTIL HIS SUCCESSORS SHALL BE
3 ELECTED. THE CHAIRMAN SHALL PRESIDE AT MEETINGS OF THE
4 COMMISSION AND SHALL EXECUTE DOCUMENTS RELATING TO THE FORMAL
5 ACTIONS OF THE COMMISSION.
6 (I) THE COMMISSION SHALL MEET AT LEAST TWICE A MONTH AT SUCH
7 TIMES AND PLACES AS SHALL BE SET BY THE CHAIRMAN. A COMMISSIONER
8 WHO FAILS TO ATTEND THREE CONSECUTIVE MEETINGS WITHOUT CAUSE
9 SHALL BE REMOVED AS A COMMISSIONER BY THE AUTHORITY APPOINTING
10 THE COMMISSIONER.
11 (J) FOR PURPOSES OF CONDUCTING OFFICIAL BUSINESS, A QUORUM <--
12 SHALL CONSIST OF FOUR MEMBERS.
13 SECTION 5. PROPOSED REGULATION; CRITERIA FOR REVIEW, EXISTING
14 REGULATIONS.
15 (A) FOR PROPOSED REGULATIONS, SUBMITTED AFTER THE EFFECTIVE
16 DATE OF THIS SECTION, AT THE SAME TIME THAT PROPOSED REGULATIONS
17 AND ANY CHANGES THERETO ARE SUBMITTED TO THE LEGISLATIVE
18 REFERENCE BUREAU FOR PUBLICATION OF NOTICE OF PROPOSED
19 RULEMAKING IN THE PENNSYLVANIA BULLETIN AS REQUIRED BY THE ACT
20 OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
21 COMMONWEALTH DOCUMENTS LAW, THE AGENCY PROPOSING THE REGULATION
22 SHALL FORWARD A COPY OF SUCH PROPOSAL TO THE COMMISSION AND THE
23 DESIGNATED STANDING COMMITTEE OF EACH HOUSE OF THE GENERAL
24 ASSEMBLY AND ADDITIONAL INFORMATION INCLUDING BUT NOT LIMITED TO
25 THE FOLLOWING:
26 (1) THE NAME OF THE AGENCY PROPOSING THE REGULATION AND
27 A STATEMENT OF THE STATUTORY OR OTHER AUTHORITY UNDER WHICH
28 THE REGULATION OR CHANGE IS PROPOSED AND IF SUCH REGULATION
29 OR CHANGE IS PROPOSED TO IMPLEMENT THE REQUIREMENTS OF
30 FEDERAL STATUTE OR FEDERAL REGULATION, SUCH FEDERAL STATUTE
19850H0784B2848 - 22 -
1 OR REGULATION SHALL BE CITED WITH SPECIFICITY.
2 (2) A BRIEF EXPLANATION OF THE PROPOSED REGULATION OR
3 CHANGE.
4 (3) A STATEMENT OF THE NEED FOR THE REGULATION OR
5 CHANGE.
6 (4) ESTIMATES OF THE DIRECT COST TO THE COMMONWEALTH AND
7 DIRECT AND INDIRECT COST TO ITS POLITICAL SUBDIVISIONS AND
8 INDIRECT COST TO THE PRIVATE SECTOR. INSOFAR AS THE PROPOSAL
9 RELATES TO DIRECT COST TO THE COMMONWEALTH, THE AGENCY MAY
10 SUBMIT IN LIEU OF ITS OWN STATEMENT THE FISCAL NOTE PREPARED
11 BY THE OFFICE OF THE BUDGET PURSUANT TO SECTION 612 OF THE
12 ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
13 ADMINISTRATIVE CODE OF 1929."
14 (5) A STATEMENT OF LEGAL, ACCOUNTING OR CONSULTANT
15 PROCEDURES WHICH MAY BE REQUIRED FOR IMPLEMENTATION OF THE
16 REGULATION BY THOSE AFFECTED BY IT.
17 (6) A STATEMENT OF ANY ADDITIONAL REPORTING,
18 RECORDKEEPING OR OTHER PAPERWORK REQUIRED BY THE PROPOSED
19 REGULATIONS INCLUDING COPIES OF ANY FORMS OR REPORTS WHICH
20 WILL BE REQUIRED IN THE IMPLEMENTATION OF THE PROPOSED
21 REGULATION.
22 (7) AN OUTLINE OF CONFORMANCE AND RELEVANT DATES
23 INCLUDING DATES BY WHICH COMMENTS MUST BE RECEIVED, DATES OF
24 PROPOSED PUBLIC HEARINGS, THE EFFECTIVE DATE OF FINAL
25 REGULATIONS, DATE BY WHICH COMPLIANCE WITH THE PROPOSED
26 REGULATIONS WILL BE REQUIRED, INCLUDING THE DATE BY WHICH ANY
27 REQUIRED PERMITS, LICENSES OR OTHER APPROVALS MUST BE
28 OBTAINED.
29 (8) THE NAME OF THE AUTHOR OR AUTHORS OF THE REGULATION
30 WITH THEIR OFFICE ADDRESS AND PHONE NUMBERS INCLUDED.
19850H0784B2848 - 23 -
1 (9) AN IDENTIFICATION OF THE TYPES OF PERSONS,
2 BUSINESSES AND ORGANIZATIONS WHICH WOULD BE AFFECTED BY THE
3 REGULATION.
4 (10) IDENTIFICATION OF ANY OTHER REGULATIONS WHICH WOULD
5 BE AFFECTED BY THE REGULATION.
6 THE REQUIREMENTS OF THIS SECTION SHALL NOT DIMINISH THE NOTICE
7 OF PROPOSED RULE MAKING REQUIREMENTS OF THE COMMONWEALTH
8 DOCUMENTS LAW BUT THE INFORMATION REQUIRED BY THIS SECTION MAY
9 BE INCLUDED IN THE NOTICE OF PROPOSED RULE MAKING REQUIREMENT
10 FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN IN LIEU OF THE
11 INFORMATION REQUIRED BY PARAGRAPHS (2) AND (3) OF SECTION 201 OF
12 THE COMMONWEALTH DOCUMENTS LAW. THE COMMISSION MAY WAIVE AN
13 INFORMATION REQUIREMENT OF THIS SECTION FOR A PROPOSED
14 REGULATION WHEN ANY SPECIFIC REQUIREMENT IS DEEMED BY THE
15 COMMISSION TO BE UNNECESSARY OR INAPPROPRIATE.
16 (B) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), FOR
17 REGULATIONS WHICH IMPOSE FISCAL IMPACTS ON THE PUBLIC SECTOR,
18 PRIVATE SECTOR, OR BOTH OF OVER $1,000,000, IN ANY YEAR, OR
19 WHICH IMPOSE OTHER MAJOR IMPACTS AS DETERMINED BY THE
20 COMMISSION, THE AGENCY PROPOSING THE REGULATION SHALL FORWARD AT
21 THE REQUEST OF THE COMMISSION A WRITTEN REGULATORY ANALYSIS.
22 SUCH REGULATORY ANALYSIS SHALL STATE:
23 (1) THE FINANCIAL, ECONOMIC AND SOCIAL IMPACTS OF THE
24 REGULATION ON INDIVIDUALS, BUSINESS AND LABOR COMMUNITIES OR
25 OTHER PUBLIC AND PRIVATE ORGANIZATIONS. WHEN PRACTICABLE, AN
26 EVALUATION OF THE BENEFITS EXPECTED AS A RESULT OF THE
27 REGULATION SHOULD BE INCLUDED;
28 (2) THAT ALTERNATIVE APPROACHES HAVE BEEN CONSIDERED AND
29 THE LEAST BURDENSOME ACCEPTABLE ALTERNATIVE HAS BEEN
30 SELECTED;
19850H0784B2848 - 24 -
1 (3) THAT, IN ARRIVING AT THE ACCEPTABLE ALTERNATIVE,
2 CONSIDERATION WAS GIVEN TO MINIMIZING NEW REPORTING,
3 ACCOUNTING AND LEGAL REQUIREMENTS;
4 (4) THAT A PLAN FOR THE EVALUATION OF THE EFFECTIVENESS
5 OF THE REGULATION AFTER ITS ISSUANCE HAS BEEN DEVELOPED; AND
6 (5) THE MANNER IN WHICH, WHEN IT IS LAWFUL, DESIRABLE
7 AND FEASIBLE, SPECIAL PROVISIONS HAVE BEEN DEVELOPED TO MEET
8 THE PARTICULAR NEEDS OF AFFECTED GROUPS AND PERSONS
9 INCLUDING, BUT NOT LIMITED TO: MINORITIES, ELDERLY, SMALL
10 BUSINESSES AND FARMERS.
11 (C) THE STANDING COMMITTEE SHALL, WITHIN 20 CALENDAR DAYS
12 FROM THE [DAY IT RECEIVES] DATE THE PROPOSED REGULATION IS
13 PUBLISHED IN THE PENNSYLVANIA BULLETIN, APPROVE OR [RECOMMEND
14 DISAPPROVAL TO THE COMMISSION.] DISAPPROVE THE PROPOSED
15 REGULATION. THE STANDING COMMITTEE SHALL NOTIFY THE COMMISSION
16 OF APPROVAL OR DISAPPROVAL. FAILURE OF BOTH STANDING COMMITTEES
17 TO [RECOMMEND DISAPPROVAL OF ANY SUCH] DISAPPROVE A REGULATION
18 WITHIN THE 20 CALENDAR DAYS SHALL CONSTITUTE APPROVAL THEREOF.
19 ALONG WITH A NOTIFICATION OF APPROVAL OR DISAPPROVAL THE
20 COMMITTEE SHALL CONVEY A REPORT WHICH INCLUDES:
21 (1) A COPY OF THE PROPOSED REGULATION.
22 (2) A SUMMARY OF THE OBJECTIONS OF THE COMMITTEE, IF
23 ANY, STATING THE REASONS WHY THE COMMITTEE HAS FOUND THE
24 PROPOSED REGULATION UNACCEPTABLE, AND A COPY OF ANY STAFF
25 REPORTS DEEMED PERTINENT BY THE COMMITTEE. SUCH REASONS SHALL <--
26 INCLUDE, BUT NOT BE LIMITED TO, DEVIATIONS FROM THE STATUTORY
27 AUTHORITY OF THE AGENCY AND THE INTENTION OF THE GENERAL
28 ASSEMBLY IN THE ENACTMENT OF THE STATUTE UPON WHICH THE
29 PROPOSED REGULATION WAS BASED.
30 IN THE EVENT THE STANDING COMMITTEES ARE PREVENTED FROM
19850H0784B2848 - 25 -
1 COMPLETING THEIR 20-DAY REVIEW BECAUSE OF EXPIRATION OF THE
2 LEGISLATIVE SESSION IN EVEN-NUMBERED YEARS, CONSIDERATION OF THE
3 PROPOSED REGULATION SHALL BE AUTOMATICALLY SUSPENDED UNTIL THE
4 [FIRST DAY] FOURTH MONDAY IN JANUARY OF THE NEXT SUCCEEDING
5 SESSION OF THE GENERAL ASSEMBLY. ON THAT DATE, THE AGENCY SHALL
6 RESUBMIT THE PROPOSED REGULATION TO THE DESIGNATED STANDING
7 COMMITTEE OF EACH CHAMBER, OR ITS SUCCESSOR COMMITTEE, AND TO
8 THE COMMISSION. THE STANDING COMMITTEES, OR THEIR SUCCESSOR
9 COMMITTEES, SHALL HAVE 20 CALENDAR DAYS AND THE COMMISSION SHALL
10 HAVE 30 CALENDAR DAYS FROM [RECEIPT OF] THE DATE THE PROPOSED
11 REGULATION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN TO REVIEW
12 SUCH REGULATION. IN COMPUTING THE 20-DAY COMMITTEE REVIEW PERIOD
13 AND THE 30-DAY COMMISSION REVIEW PERIOD, THE NUMBER OF DAYS IN
14 WHICH THE PROPOSED REGULATION HAD BEEN UNDER REVIEW BY THE
15 STANDING COMMITTEES AND BY THE COMMISSION AS OF THE EXPIRATION
16 OF THE PRIOR SESSION SHALL BE SUBTRACTED FROM THE 20-DAY
17 COMMITTEE AND THE 30-DAY COMMISSION REVIEW PERIODS,
18 RESPECTIVELY. FAILURE OF THE AGENCY TO RESUBMIT THE PROPOSED
19 REGULATION ON THE [FIRST DAY] FOURTH MONDAY IN JANUARY OF THE
20 NEXT SUCCEEDING SESSION SHALL CONSTITUTE WITHDRAWAL THEREOF. NO
21 PROPOSED REGULATION SHALL BE SUBMITTED TO THE COMMISSION OR THE
22 STANDING COMMITTEES FOR REVIEW DURING THE PERIOD FROM THE END OF
23 THE LEGISLATIVE SESSION OF EVEN-NUMBERED YEARS TO THE FIRST DAY
24 OF THE NEXT SUCCEEDING LEGISLATIVE SESSION, BUT EMERGENCY
25 REGULATIONS MAY BE ADOPTED PURSUANT TO THE PROVISIONS OF SECTION
26 6(B).
27 [(D) IN ORDER TO ASCERTAIN WHETHER A PROPOSED REGULATION IS <--
28 IN THE PUBLIC INTEREST, THE COMMISSION SHALL CONSIDER THE
29 FOLLOWING CRITERIA IN THE REVIEW OF ANY PROPOSED REGULATION:
30 (1) CONFORMITY TO THE STATUTORY AUTHORITY OF THE AGENCY.
19850H0784B2848 - 26 -
1 (2) CONSISTENCY WITH THE LEGISLATIVE INTENT OF THE ACT
2 WHICH THE REGULATION IS DESIGNED TO IMPLEMENT.
3 (3) POSSIBLE ADVERSE EFFECTS ON PRICES OF GOODS AND
4 SERVICES, PRODUCTIVITY OR COMPETITION.
5 (4) WHETHER THE REGULATION REPRESENTS A POLICY DECISION
6 OF SUCH SUBSTANTIAL NATURE THAT IT REQUIRES A LEGISLATIVE
7 REVIEW.
8 (5) DIRECT COSTS TO THE COMMONWEALTH, DIRECT AND
9 INDIRECT COST TO POLITICAL SUBDIVISIONS AND INDIRECT COST TO
10 THE PRIVATE SECTOR.
11 (6) REASONABLENESS OF REQUIREMENTS, IMPLEMENTATION
12 PROCEDURES AND TIMETABLE FOR THE PUBLIC AND PRIVATE SECTORS.
13 (7) THE NATURE OF ANY REPORTS, FORMS OR OTHER PAPERWORK
14 AND THE ESTIMATED COST OF THEIR PREPARATION BY INDIVIDUALS,
15 BUSINESSES AND ORGANIZATIONS IN THE PRIVATE AND PUBLIC SECTOR
16 WHERE SUCH REPORTS WOULD BE REQUIRED.
17 (8) POSSIBLE CONFLICT WITH OR DUPLICATION OF STATUTES OR
18 OTHER EXISTING REGULATIONS.
19 (9) THE NATURE AND ESTIMATED COST OF ANY LEGAL,
20 CONSULTING OR ACCOUNTING SERVICES WHICH THE PRIVATE OR PUBLIC
21 SECTOR WOULD INCUR.
22 (10) THE IMPACT ON THE PUBLIC INTEREST OF EXEMPTING OR
23 SETTING LESSER STANDARDS OF COMPLIANCE FOR INDIVIDUALS OR
24 SMALL BUSINESSES WHEN IT IS LAWFUL, DESIRABLE AND FEASIBLE TO
25 DO SO.
26 (11) CLARITY AND LACK OF AMBIGUITY.
27 (12) NEED FOR THE RULE OR REGULATION.
28 (13) APPROVAL OR DISAPPROVAL BY THE DESIGNATED STANDING
29 COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE.
30 (E) REGULATIONS FOR WHICH NOTICE OF PROPOSED [MAKING] <--
19850H0784B2848 - 27 -
1 RULEMAKING IS OMITTED PURSUANT TO SECTION 204 OF THE
2 COMMONWEALTH DOCUMENTS LAW SHALL BE SUBMITTED TO THE COMMISSION
3 AND THE DESIGNATED STANDING COMMITTEES FOR REVIEW IN THE SAME
4 FASHION AS PROPOSED REGULATIONS AT THE SAME TIME THAT THE
5 REGULATIONS ARE SUBMITTED TO THE ATTORNEY GENERAL FOR REVIEW AS
6 PROVIDED IN THE COMMONWEALTH ATTORNEYS ACT. NO FINAL ORDER
7 ADOPTING SUCH REGULATION SHALL BE PUBLISHED UNTIL COMPLETION OF
8 REVIEW PURSUANT TO THIS ACT.] <--
9 (D) IN DETERMINING WHETHER A PROPOSED REGULATION IS IN THE <--
10 PUBLIC INTEREST, THE COMMISSION SHALL FIRST AND FOREMOST MAKE A
11 DETERMINATION THAT THE PROPOSED REGULATION IS NOT CONTRARY TO
12 THE STATUTORY AUTHORITY OF THE AGENCY AND INTENTION OF THE
13 GENERAL ASSEMBLY IN THE ENACTMENT OF THE STATUTE UPON WHICH THE
14 PROPOSED REGULATION IS BASED.
15 (E) UPON A FINDING THAT THE REGULATION IS NOT CONTRARY TO
16 THE STATUTORY AUTHORITY OF THE AGENCY AND TO THE INTENTION OF
17 THE GENERAL ASSEMBLY IN THE ENACTMENT OF THE STATUTE UPON WHICH
18 THE PROPOSED REGULATION IS BASED, THE COMMISSION SHALL FURTHER
19 CONSIDER THE FOLLOWING IN ASCERTAINING WHETHER THE PROPOSED
20 REGULATION IS IN THE PUBLIC INTEREST:
21 (1) POSSIBLE ADVERSE EFFECTS ON PRICES OF GOODS AND
22 SERVICES, PRODUCTIVITY OR COMPETITION.
23 (2) WHETHER THE REGULATION REPRESENTS A POLICY DECISION
24 OF SUCH SUBSTANTIAL NATURE THAT IT REQUIRES A LEGISLATIVE
25 REVIEW.
26 (3) DIRECT COST TO THE COMMONWEALTH, DIRECT AND INDIRECT
27 COST TO POLITICAL SUBDIVISIONS AND INDIRECT COST TO THE
28 PRIVATE SECTOR.
29 (4) REASONABLENESS OF REQUIREMENTS, IMPLEMENTATION
30 PROCEDURE AND TIMETABLE FOR THE PUBLIC AND PRIVATE SECTORS.
19850H0784B2848 - 28 -
1 (5) THE NATURE OF ANY REPORTS, FORMS OR OTHER PAPERWORK
2 AND THE ESTIMATED COST OF THEIR PREPARATION BY INDIVIDUALS,
3 BUSINESSES AND ORGANIZATIONS IN THE PRIVATE AND PUBLIC SECTOR
4 WHERE SUCH REPORTS WOULD BE REQUIRED.
5 (6) POSSIBLE CONFLICT WITH OR DUPLICATION OF STATUTES OR
6 OTHER EXISTING REGULATIONS.
7 (7) THE NATURE AND ESTIMATED COST OF ANY LEGAL,
8 CONSULTING OR ACCOUNTING SERVICES WHICH THE PRIVATE OR PUBLIC
9 SECTOR WOULD INCUR.
10 (8) THE IMPACT ON THE PUBLIC INTEREST OF EXEMPTING OR
11 SETTING LESSER STANDARDS OF COMPLIANCE FOR INDIVIDUALS OR
12 SMALL BUSINESSES WHEN IT IS LAWFUL, DESIRABLE AND FEASIBLE TO
13 DO SO.
14 (9) CLARITY AND LACK OF AMBIGUITY.
15 (10) NEED FOR THE RULE OR REGULATION.
16 (11) APPROVAL OR DISAPPROVAL BY THE DESIGNATED STANDING
17 COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE.
18 (F) REGULATIONS FOR WHICH NOTICE OF PROPOSED RULEMAKING IS
19 OMITTED PURSUANT TO SECTION 204 OF THE COMMONWEALTH DOCUMENTS
20 LAW SHALL BE SUBMITTED TO THE COMMISSION AND THE DESIGNATED
21 STANDING COMMITTEES FOR REVIEW IN THE SAME FASHION AS PROPOSED
22 REGULATIONS AT THE SAME TIME THAT THE REGULATIONS ARE SUBMITTED
23 TO THE ATTORNEY GENERAL FOR REVIEW AS PROVIDED IN THE ACT OF
24 OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH
25 ATTORNEYS ACT." NO FINAL ORDER ADOPTING SUCH REGULATION SHALL BE
26 PUBLISHED UNTIL COMPLETION OF REVIEW PURSUANT TO THIS ACT.
27 [(F)] (G) THE AGENCY WHICH PROPOSES THE REGULATION SHALL <--
28 FORWARD TO THE COMMISSION WITHIN TWO DAYS OF RECEIPT, A COPY OF
29 ANY COMMENTS RECEIVED BY THE AGENCY WHICH REFERS TO THE PROPOSED
30 REGULATION.
19850H0784B2848 - 29 -
1 [(G)] (H) THE COMMISSION, EITHER ON ITS MOTION OR ON THE <--
2 REQUEST OF ANY INDIVIDUAL, AGENCY, CORPORATION, MEMBER OF THE
3 GENERAL ASSEMBLY OR ANY OTHER ENTITY WHICH MAY BE AFFECTED BY A
4 REGULATION, MAY ALSO REVIEW ANY EXISTING REGULATION OR
5 ADMINISTRATIVE PROCEDURE. WHENEVER A COMMITTEE OF THE SENATE OR
6 THE HOUSE OF REPRESENTATIVES SHALL REQUEST A REVIEW OF A
7 REGULATION, THE COMMISSION SHALL MAKE SUCH REVIEW AND SHALL
8 ASSIGN IT HIGH PRIORITY. THE COMMISSION MAY SUBMIT
9 RECOMMENDATIONS TO ANY AGENCY RECOMMENDING CHANGES IN EXISTING
10 REGULATIONS WHERE IT FINDS THE EXISTING REGULATIONS OR
11 ADMINISTRATIVE PROCEDURE TO BE CONTRARY TO THE PUBLIC INTEREST
12 UNDER THE CRITERIA ESTABLISHED IN THIS SECTION. THE COMMISSION
13 MAY ALSO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE
14 GOVERNOR FOR STATUTORY CHANGES WHENEVER IT FINDS THAT ANY
15 EXISTING REGULATION OR PROCEDURE MAY BE CONTRARY TO THE PUBLIC
16 INTEREST.
17 SECTION 6. PROCEDURES FOR COMMISSION CONSIDERATION AND AGENCY
18 REVIEW.
19 (A) WHENEVER THE COMMISSION SHALL FIND THAT A PROPOSED
20 REGULATION SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU FOR
21 PUBLICATION OF NOTICE OF PROPOSED RULEMAKING IN THE PENNSYLVANIA
22 BULLETIN OR THAT A REGULATION FOR WHICH NOTICE OF PROPOSED
23 RULEMAKING IS OMITTED PURSUANT TO SECTION 204 OF THE ACT OF JULY
24 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
25 DOCUMENTS LAW, OR A REGULATION WHICH SUBMITTED TO THE ATTORNEY
26 GENERAL FOR REVIEW PRIOR TO PUBLICATION [WITHOUT NOTICE PURSUANT
27 TO SECTION 204 OF THE COMMONWEALTH DOCUMENTS LAW,] MAY BE
28 CONTRARY TO THE PUBLIC INTEREST UNDER THE CRITERIA SET FORTH IN
29 SECTION 5, THE COMMISSION SHALL NOTIFY THE AGENCY PROMULGATING
30 SUCH REGULATION OF ITS FINDING. SUCH NOTIFICATION SHALL SET
19850H0784B2848 - 30 -
1 FORTH THE COMMISSION'S OBJECTIONS IN REASONABLE DETAIL. THE
2 AGENCY SHALL REVIEW THE COMMISSION'S FINDING AND NOT LATER THAN
3 TWO WEEKS FOLLOWING THE NOTIFICATION UNLESS THE COMMISSION
4 GRANTS EXTENDED TIME TO COMMENT SHALL RESPOND TO THE COMMISSION
5 AS TO WHETHER OR NOT THE PROPOSED REGULATION WILL BE WITHDRAWN
6 [OR], REVISED OR RETURNED IN ITS ORIGINAL FORM WITH ADDED
7 JUSTIFICATION OR DOCUMENTATION BY THE AGENCY. IF THE COMMISSION
8 DOES NOT NOTIFY THE AGENCY OF ANY OBJECTION WITHIN 30 DAYS OF
9 PUBLICATION, IN THE CASE OF PROPOSED RULEMAKING, OR WITHIN 30
10 DAYS OF RECEIPT [UNDER SECTION 5], IN THE CASE OF OMISSION OF
11 PROPOSED RULEMAKING, THE AGENCY MAY PROCEED TO PROMULGATE THE
12 REGULATION AS PROVIDED IN THE [ACT OF JULY 31, 1968 (P.L.769,
13 NO.240), REFERRED TO AS THE] COMMONWEALTH DOCUMENTS LAW.
14 (B) THE COMMISSION MAY, WHEN NOTIFYING AN AGENCY OF ITS
15 OBJECTIONS PURSUANT TO SUBSECTION (A) OR AT ANY TIME FOLLOWING
16 SUCH NOTIFICATION BUT PRIOR TO PUBLICATION OF A FINAL ORDER
17 ADOPTING A REGULATION, ISSUE AN ORDER BARRING THE PUBLICATION OF
18 A FINAL ORDER ADOPTING A REGULATION PENDING SUBSEQUENT REVIEW OF
19 THE REGULATION IN THE MANNER PROVIDED IN SECTION 7. THE
20 COMMISSION MAY NOT HOWEVER ISSUE AN ORDER AGAINST A PROPOSED
21 REGULATION TO THE EXTENT THAT THE ATTORNEY GENERAL CERTIFIES
22 THAT PROPOSED REGULATION IS REQUIRED PURSUANT TO THE DECREE OF
23 ANY COURT OR TO IMPLEMENT THE PROVISIONS OF A STATUTE OF THE
24 UNITED STATES OR REGULATIONS ISSUED THEREUNDER BY A FEDERAL
25 AGENCY NOR SHALL THE COMMISSION ISSUE AN ORDER AGAINST A
26 PROPOSED REGULATION WHEN SUCH REGULATION IS TRANSMITTED WITH THE
27 CERTIFICATION OF THE GOVERNOR THAT IT IS REQUIRED TO MEET AN
28 EMERGENCY WHICH SHALL INCLUDE BUT NOT BE LIMITED TO CONDITIONS
29 WHICH MAY CAUSE A SIGNIFICANT BUDGET DEFICIT OR CREATE NEED FOR
30 SUPPLEMENTAL OR DEFICIENCY APPROPRIATIONS. IN SUCH CASE, THE
19850H0784B2848 - 31 -
1 REGULATION CAN TAKE EFFECT FOR UP TO 120 DAYS BUT AFTER THAT
2 TIME MAY BE SUSPENDED BY THE COMMISSION UNLESS IT HAS BEEN
3 APPROVED BY THE GENERAL ASSEMBLY UNDER THE PROCEDURES CONTAINED
4 IN SECTION 7(B).
5 (C) WHENEVER A DESIGNATED STANDING COMMITTEE OF THE HOUSE OF
6 REPRESENTATIVES OR THE SENATE HAS NOTIFIED THE COMMISSION OF ITS
7 DISAPPROVAL AND THE COMMISSION APPROVES THE PROPOSED REGULATION,
8 THE COMMISSION SHALL NOTIFY THE SAID DESIGNATED STANDING
9 COMMITTEE OF SUCH APPROVAL.
10 SECTION 7. PROCEDURES AND SUBSEQUENT REVIEW.
11 (A) IF THE COMMISSION DETERMINES AFTER REVIEWING AN AGENCY'S
12 RESPONSE THAT THE AGENCY STILL INTENDS TO IMPLEMENT SUCH
13 REGULATION, THE COMMISSION SHALL, WITHIN SEVEN DAYS OF RECEIPT
14 OF AN AGENCY'S RESPONSE TO ITS OBJECTIONS, EITHER APPROVE THE
15 REGULATIONS OR, IF THE COMMISSION BELIEVES THAT SAID REGULATION
16 WOULD BE CONTRARY TO THE PUBLIC INTEREST AS DETERMINED UNDER
17 SECTION 5, NOTIFY THE GOVERNOR, WHO SHALL WITHIN 45 DAYS REVIEW
18 THE PROPOSED REGULATION AND THE COMMISSION FINDINGS. FAILURE OF
19 THE COMMISSION TO NOTIFY THE GOVERNOR OF ITS CONTINUED
20 OBJECTIONS TO A PROPOSED REGULATION WITHIN SEVEN DAYS SHALL
21 CONSTITUTE APPROVAL THEREOF. WITHIN SEVEN DAYS OF AN AGENCY'S
22 RESPONSE, THE COMMISSION MAY CONTINUE AN ORDER BARRING
23 PUBLICATION OF A FINAL ORDER ADOPTING A REGULATION, ISSUE SUCH
24 AN ORDER IF NONE WAS PREVIOUSLY ISSUED, OR WITHDRAW ITS ORDER.
25 (B) IF THE GOVERNOR AND THE AGENCY DETERMINE THAT IT IS
26 DESIRABLE TO IMPLEMENT THE PROPOSED REGULATION WITHOUT
27 REVISIONS, THE GOVERNOR SHALL SUBMIT A REPORT TO THE GENERAL
28 ASSEMBLY CONTAINING THE FINDINGS OF THE COMMISSION, THE RESPONSE
29 OF THE INITIATING AGENCY AND HIS OWN RECOMMENDATIONS REGARDING
30 THE REGULATION. AT THE TIME OF THE SUBMISSION OF THE REPORT BY
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1 THE GOVERNOR, THE COMMISSION SHALL, WITHIN 14 DAYS OF SUBMISSION
2 OF THE REPORT, EITHER APPROVE THE REGULATION OR TRANSMIT THE
3 PROPOSED REGULATION TO THE GENERAL ASSEMBLY FOR CONSIDERATION IN
4 ACCORD WITH THE PROCEDURES SET FORTH IN THE ACT OF APRIL 7, 1955
5 (P.L.23, NO.8), KNOWN AS THE "REORGANIZATION ACT OF 1955."
6 FAILURE OF THE COMMISSION TO TRANSMIT A REGULATION TO THE
7 GENERAL ASSEMBLY FOR CONSIDERATION WITHIN 14 DAYS OF SUBMISSION
8 OF THE GOVERNOR'S REPORT SHALL CONSTITUTE APPROVAL OF THE
9 PROPOSED REGULATION. HOWEVER, IF THE COMMISSION IS PREVENTED
10 FROM TRANSMITTING THE REGULATION TO THE GENERAL ASSEMBLY WITHIN
11 14 DAYS BECAUSE OF RECESS OR ADJOURNMENT, IT MAY TRANSMIT THE
12 REGULATION ON THE FIRST SUBSEQUENT SESSION DAY. FAILURE TO
13 SUBMIT A PROPOSED REGULATION ON THE FIRST SUBSEQUENT SESSION DAY
14 SHALL CONSTITUTE APPROVAL THEREOF. PENDING THE REVIEW OF A
15 REGULATION BY THE GENERAL ASSEMBLY, THE COMMISSION MAY CONTINUE
16 AN ORDER BARRING PUBLICATION OF A FINAL ORDER ADOPTING A
17 REGULATION, ISSUE SUCH AN ORDER IF NONE WAS PREVIOUSLY ISSUED,
18 OR WITHDRAW ITS ORDER. IF THE GENERAL ASSEMBLY DISAPPROVES A
19 REGULATION, THE DISAPPROVAL SHALL CONSTITUTE A PERMANENT ORDER
20 BARRING PUBLICATION, OR SHALL RESCIND A REGULATION FOR WHICH A
21 FINAL ORDER WAS PUBLISHED PENDING REVIEW OF THE REGULATION BY
22 THE COMMISSION OR THE GENERAL ASSEMBLY. THE GENERAL ASSEMBLY MAY
23 AT ITS DISCRETION, HOWEVER, DISAPPROVE A REGULATION TO INDICATE
24 THE INTENT OF THE GENERAL ASSEMBLY, BUT PERMIT PUBLICATION OF A
25 FINAL ORDER ADOPTING A REGULATION.
26 (C) WHENEVER A DESIGNATED STANDING COMMITTEE HAS RECEIVED
27 THE NOTICE REQUIRED UNDER SECTION 6(C), THE DESIGNATED STANDING
28 COMMITTEE MAY WITHIN TEN DAYS REPORT TO THE HOUSE OF
29 REPRESENTATIVES OR SENATE A CONCURRENT RESOLUTION AND NOTIFY THE
30 AFFECTED AGENCY WHICH SHALL BE THE OFFICIAL NOTICE TO THE
19850H0784B2848 - 33 -
1 AGENCY. A FINAL ORDER ADOPTING THE REGULATION SHALL NOT BE
2 PUBLISHED FOR 30 CALENDAR DAYS OR TEN LEGISLATIVE DAYS,
3 WHICHEVER IS LONGER, FROM DATE OF REPORTING THE CONCURRENT
4 RESOLUTION. IF BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE
5 AGREE TO THE CONCURRENT RESOLUTION WITHIN THE ALLOTTED TIME
6 PERIOD, THE ADOPTION OF THE CONCURRENT RESOLUTION SHALL
7 CONSTITUTE A PERMANENT ORDER BARRING PUBLICATION, OR SHALL ACT
8 AS AN ORDER RESCINDING A REGULATION FOR WHICH A FINAL ORDER WAS
9 PUBLISHED PENDING REVIEW OF THE REGULATION. FAILURE OF THE HOUSE
10 OF REPRESENTATIVES AND THE SENATE TO ACT ON THE CONCURRENT
11 RESOLUTION WITHIN THE ALLOTTED TIME PERIOD SHALL CONSTITUTE
12 APPROVAL OF THE REGULATION. IN ADDITION, NOTICE AS TO ANY FINAL
13 DISPOSITION OF ANY CONCURRENT RESOLUTION CONSIDERED IN
14 ACCORDANCE WITH THIS ACT SHALL BE PUBLISHED IN THE PENNSYLVANIA
15 BULLETIN. THE GENERAL ASSEMBLY MAY, AT ITS DISCRETION, ADOPT A
16 CONCURRENT RESOLUTION DISAPPROVING THE REGULATION TO INDICATE
17 THE INTENT OF THE GENERAL ASSEMBLY, BUT PERMIT PUBLICATION OF A
18 FINAL ORDER ADOPTING A REGULATION.
19 [SECTION 8. REGULATORY BUDGET.
20 THE COMMISSION SHALL REVIEW THE FEASIBILITY OF ESTABLISHING
21 FOR THE COMMONWEALTH PROCEDURES FOR THE ANNUAL ADOPTION OF A
22 REGULATORY BUDGET OR REGULATORY CALENDAR WHICH WOULD INCLUDE
23 DIRECT GOVERNMENT COST CEILINGS, INDIRECT COST CEILINGS FOR NEW
24 REGULATION, PRIVATE SECTOR REGULATORY ACTIVITY REQUIRED UNDER
25 EXISTING REGULATIONS AND PRIVATE SECTOR REGULATORY ACTIVITY FOR
26 PROPOSED NEW REGULATIONS. THE COMMISSION WILL BE REQUIRED TO
27 SUBMIT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY
28 ALONG WITH DRAFT LEGISLATION IF APPROPRIATE, WITHIN TWO YEARS OF
29 ITS ORIGINAL ORGANIZATION MEETING.]
30 SECTION 9. COMMISSION STAFF.
19850H0784B2848 - 34 -
1 THE COMMISSION SHALL APPOINT AND FIX THE COMPENSATION OF AN
2 EXECUTIVE DIRECTOR, WHO SHALL DEVOTE HIS FULL TIME TO THE
3 GENERAL SUPERVISION OF ALL THE AFFAIRS OF THE COMMISSION. IN
4 ADDITION, THE COMMISSION SHALL APPOINT A CHIEF COUNSEL WHO SHALL
5 NOT BE SUBJECT TO THE SUPERVISION OF THE ATTORNEY GENERAL OR THE
6 GENERAL COUNSEL AND IT MAY APPOINT AND FIX THE COMPENSATION OF
7 SUCH OTHER EMPLOYEES AS THE COMMISSION MAY FROM TIME TO TIME
8 FIND NECESSARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS OF
9 THE COMMISSION. IN DETERMINING THE NECESSITY FOR SUCH ADDITIONAL
10 STAFF, THE COMMISSION SHALL CONSIDER THE FACT THAT THE GENERAL
11 ASSEMBLY IS REQUIRED UNDER THIS ACT TO PARTICIPATE IN THE REVIEW
12 PROCESS AND ITS STAFF WILL BE PROVIDING ASSISTANCE TO THE
13 COMMISSION THROUGH THE LEGISLATIVE REVIEW PROVISIONS OF THIS
14 ACT.
15 SECTION 10. SUBPOENA POWER.
16 THE COMMISSION MAY REQUIRE THE ATTENDANCE AND TESTIMONY OF
17 WITNESSES AND THE PRODUCTION OF DOCUMENTARY EVIDENCE RELATIVE TO
18 ANY INVESTIGATION OR HEARING WHICH THE COMMISSION MAY CONDUCT IN
19 ACCORDANCE WITH THE POWERS GRANTED IT UNDER THIS ACT. SUCH
20 SUBPOENA SHALL BE SIGNED BY THE CHAIRMAN OR THE EXECUTIVE
21 DIRECTOR AND IT SHALL BE SERVED BY ANY PERSON AUTHORIZED TO
22 SERVE SUBPOENAS UNDER THE LAW OF THE COMMONWEALTH.
23 SECTION 11. RULES; ANNUAL REPORTS; HEARINGS AND ADVISORY GROUP
24 MEETINGS.
25 (A) THE COMMISSION SHALL COMPILE AND PUBLISH RULES FOR THE
26 CONDUCT OF MEETINGS AND PUBLIC HEARINGS AND FOR THE CONDUCT OF
27 BUSINESS UNDER THIS ACT. SUCH RULES SHALL BE PROMULGATED IN
28 ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN THE ACT OF JULY
29 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
30 DOCUMENTS LAW. SUCH RULES MAY PROVIDE FOR NOTIFICATION OF
19850H0784B2848 - 35 -
1 FILINGS OF PROPOSED REGULATIONS TO PARTIES LIKELY TO BE AFFECTED
2 BY THE PROPOSED REGULATIONS.
3 (B) ON OR BEFORE APRIL 1, [1984] 1986 AND EACH YEAR <--
4 THEREAFTER, THE COMMISSION SHALL FILE A REPORT OF ITS ACTIVITIES
5 FOR THE PRIOR CALENDAR YEAR WITH THE GOVERNOR AND THE GENERAL
6 ASSEMBLY.
7 (C) THE COMMISSION MAY HOLD PUBLIC HEARINGS ON ANY MATTER
8 BEFORE THE COMMISSION. THE COMMISSION MAY ALSO HOLD INFORMAL
9 HEARINGS AND MAY CONVENE AND MEET WITH ADVISORY GROUPS REGARDING
10 MATTERS BEFORE THE COMMISSION.
11 SECTION 12. CLEARINGHOUSE.
12 (A) THE COMMISSION SHALL ACT AS A CLEARINGHOUSE FOR
13 COMPLAINTS, COMMENTS AND OTHER INPUT FROM MEMBERS OF THE GENERAL
14 ASSEMBLY AND FROM THE PUBLIC REGARDING REGULATIONS, PROPOSED
15 REGULATIONS AND ADMINISTRATIVE PROCEDURES. THE COMMISSION SHALL
16 MAINTAIN ACCURATE RECORDS REGARDING COMPLAINTS AND COMMENTS IT
17 RECEIVES AND SHALL MAINTAIN SUCH RECORDS BY DEPARTMENTAL AND
18 SUBJECT MATTER CATEGORIES. WHEN THE COMMISSION FILES ITS ANNUAL
19 REPORT AS PROVIDED BY SECTION 11, THE COMMISSION SHALL INCLUDE
20 WITHIN IT A SUMMARY OF PUBLIC COMPLAINT AND COMMENT ALONG WITH
21 ANY RECOMMENDATIONS THE COMMISSION MAY OFFER FOR STATUTORY
22 CHANGE AS THE RESULT OF PUBLIC COMPLAINT AND COMMENT.
23 (B) THE COMMISSION MAY ALSO COMPILE INFORMATION ON
24 REGULATIONS ISSUED BY THE UNITED STATES GOVERNMENT WHICH COME TO
25 THE ATTENTION OF THE COMMISSION WHICH ARE FOUND BY THE
26 COMMISSION TO BE EXCESSIVE. THE COMMISSION SHALL INCLUDE A
27 SUMMARY ON SUCH REGULATIONS IN ITS ANNUAL REPORT AND SHALL TAKE
28 SUCH OTHER ACTION AS MAY BE APPROPRIATE. THE SECTION OF THE
29 ANNUAL REPORT RELATING TO EXCESSIVENESS OF FEDERAL REGULATIONS
30 SHALL BE SUBMITTED TO THE PRESIDENT OF THE UNITED STATES AND TO
19850H0784B2848 - 36 -
1 THE MEMBERS OF THE UNITED STATES SENATE AND THE UNITED STATES
2 HOUSE OF REPRESENTATIVES FROM PENNSYLVANIA. NOTHING HEREIN SHALL
3 BE CONSTRUED AS REQUIRING THE COMMISSION TO UNDERTAKE A REVIEW
4 OF FEDERAL REGULATIONS.
5 [SECTION 13. APPROPRIATION.
6 THE SUM OF $400,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
7 IS HEREBY APPROPRIATED TO THE COMMISSION FOR THE PURPOSES OF
8 CARRYING OUT THIS ACT FOR THE FISCAL PERIOD ENDING JUNE 30,
9 1983.]
10 SECTION 14. REPEALS.
11 (A) THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED
12 ABSOLUTELY:
13 SECTION 812.2, ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
14 AS "THE ADMINISTRATIVE CODE OF 1929."
15 SECOND, THIRD AND FOURTH SENTENCES OF SUBSECTION (N) OF
16 SECTION 4, ACT OF MAY 23, 1945 (P.L.913, NO.367), KNOWN AS THE
17 "PROFESSIONAL ENGINEERS REGISTRATION LAW."
18 SECOND AND THIRD SENTENCES OF SECTION 1410, ACT OF JUNE 13,
19 1967 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE."
20 SUBSECTION (C) OF SECTION 11, ACT OF NOVEMBER 30, 1976
21 (P.L.1207, NO.265), KNOWN AS THE "EMERGENCY MEDICAL SERVICES
22 SYSTEMS ACT."
23 SUBSECTIONS (C) AND (D) OF SECTION 224, ACT OF JULY 1, 1978
24 (P.L.700, NO.124), KNOWN AS THE "BUREAU OF PROFESSIONAL AND
25 OCCUPATIONAL AFFAIRS FEE ACT."
26 SUBSECTIONS (C) AND (D) OF SECTION 601, ACT OF JULY 19, 1979
27 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT."
28 THIRD AND FOURTH SENTENCES OF SUBSECTION (A) AND SUBSECTION
29 (B) OF SECTION 404, ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9),
30 KNOWN AS THE "REAL ESTATE LICENSING AND REGISTRATION ACT."
19850H0784B2848 - 37 -
1 SECTION 107, ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS
2 THE "SOLID WASTE MANAGEMENT ACT."
3 SECTION 6103(B) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
4 STATUTES (RELATING TO PROMULGATION OF RULES AND REGULATIONS BY
5 DEPARTMENT).
6 (B) ALL OTHER ACTS OR PARTS OF ACTS ARE REPEALED INSOFAR AS
7 THEY PROVIDE FOR CONSIDERATION BY THE GENERAL ASSEMBLY OR ITS
8 COMMITTEES OF PROPOSED REGULATIONS.
9 SECTION 15. [EFFECTIVE] TERMINATION DATE.
10 [EXCEPT FOR THE PROVISIONS OF SECTIONS 3, 4, 9, 11 AND 13,
11 WHICH SHALL TAKE EFFECT IN 30 DAYS, THIS ACT SHALL TAKE EFFECT
12 ON MARCH 1, 1983.] THIS ACT SHALL EXPIRE ON DECEMBER 31, [1985]
13 1986 UNLESS IT IS SOONER REENACTED BY THE GENERAL ASSEMBLY.
14 SECTION 2. NOTWITHSTANDING ANY PROVISIONS OF PART XXV OF
15 TITLE 71 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
16 RETIREMENT FOR STATE EMPLOYEES AND OFFICERS), EMPLOYEES OF THE
17 INDEPENDENT REGULATORY REVIEW COMMISSION WHO WERE EMPLOYEES OF
18 THE INDEPENDENT REGULATORY REVIEW COMMISSION ON DECEMBER 31,
19 1985, AND ARE REAPPOINTED UNDER SECTION 9 OF THE ACT OF JUNE 25, <--
20 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AS
21 EMPLOYEES OF THE INDEPENDENT REGULATORY REVIEW COMMISSION WITHIN
22 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT SHALL, FOR PURPOSE OF
23 PARTICIPATION IN THE STATE EMPLOYEE EMPLOYEES' RETIREMENT SYSTEM <--
24 AND FOR THE PURPOSE OF OTHER BENEFITS AVAILABLE TO EMPLOYEES OF
25 THE INDEPENDENT REGULATORY REVIEW COMMISSION ON DECEMBER 31,
26 1985, BE DEEMED TO HAVE BEEN STATE EMPLOYEES DURING THE PERIOD <--
27 BETWEEN DECEMBER 31, 1985, AND THEIR SUCH REAPPOINTMENT FOR <--
28 PURPOSES OF ELIGIBILITY, COVERAGE, COVERAGE AND CONTRIBUTION <--
29 RATES EXCEPT THAT NO SERVICE CREDIT SHALL BE DEEMED TO HAVE BEEN
30 EARNED FOR PURPOSES OF THE STATE EMPLOYEES EMPLOYEES' RETIREMENT <--
19850H0784B2848 - 38 -
1 SYSTEM BY THE EMPLOYEES DURING THE PERIOD BETWEEN DECEMBER 31,
2 1985, AND THE TIME OF SUCH REAPPOINTMENT. THE INDEPENDENT <--
3 REGULATORY REVIEW COMMISSION SHALL TAKE SUCH STEPS AS MAY BE
4 NECESSARY TO ENSURE THAT THOSE EMPLOYEES OF THE INDEPENDENT
5 REGULATORY REVIEW COMMISSION WHO WERE EMPLOYEES OF THE
6 INDEPENDENT REGULATORY REVIEW COMMISSION ON DECEMBER 31, 1985,
7 WHO ARE REAPPOINTED AS PROVIDED IN THIS SECTION, WITHIN 30 DAYS <--
8 OF THE EFFECTIVE DATE OF THIS ACT, SHALL BE TREATED AS IF IN
9 CONTINUOUS EMPLOYMENT BETWEEN DECEMBER 31, 1985, AND THE TIME OF
10 SUCH REAPPOINTMENT AND SHALL SUFFER NO LOSS OF BENEFITS OR
11 INCREASE OF CONTRIBUTION RATES BECAUSE OF THE LAPSE OF THE
12 INDEPENDENT REGULATORY REVIEW COMMISSION BETWEEN DECEMBER 31,
13 1985, AND THE EFFECTIVE DATE OF THIS AMENDATORY ACT AND
14 REENACTMENT.
15 SECTION 3. THE TERMS OF THE INITIAL MEMBERS OF THE
16 COMMISSION APPOINTED UNDER THIS ACT AMENDATORY ACT AND <--
17 REENACTMENT SHALL EXPIRE ON THE DATES THAT THE TERMS OF
18 APPOINTEES WOULD HAVE EXPIRED HAD THE PROVISIONS OF THE ACT OF
19 JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW
20 ACT NOT EXPIRED ON DECEMBER 31, 1985.
21 SECTION 4. THIS ACT SHALL APPLY TO PROPOSED REGULATIONS AND
22 REGULATIONS FOR WHICH NOTICE OF PROPOSED RULEMAKING IS OMITTED
23 SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU AFTER THE FOURTH <--
24 WEDNESDAY FOLLOWING THE EFFECTIVE DATE OF THIS ACT.
25 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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